Date of publication:

01/08/2026

Kenya

Do domestic laws and policies provide forcibly displaced and stateless persons with access to administrative or judicial remedies regarding decisions on the right to family life, including family reunification?

ANALYSIS

Assessment by population

Refugees
Asylum-seekers
Analysis

Kenya’s domestic laws and policies provide mechanisms for individuals to seek administrative or judicial remedies in cases where family reunification applications are denied or disputed. The Constitution of Kenya (2010) establishes a foundational right to fair administrative action and access to justice, particularly under Article 47, which guarantees procedural fairness in administrative decisions, and Article 50, which ensures the right to a fair hearing before a judicial body. These constitutional protections apply to decisions made under the Kenya Citizenship and Immigration Act, 2011, which governs family reunification for Kenyan citizens and legal residents, allowing applicants to seek redress through administrative review processes or appeals to Kenyan courts if their application is rejected. Similarly, the Refugees Act, 2021, and the Refugees (General) Regulations, 2024, outline procedures for appealing asylum-related decisions, including those affecting family reunification for refugees and their dependents.

The Fair Administrative Action Act, 2015, further strengthens the right to appeal adverse immigration or refugee status decisions, requiring authorities to provide written explanations for administrative determinations and allowing affected individuals to challenge decisions through judicial review or tribunal proceedings. The Kenya Citizenship and Immigration Act, 2011, also grants affected parties the right to appeal immigration decisions, including refusals of dependent passes, residence permits, or citizenship applications, before the Kenya Immigration Appeals Tribunal. In refugee-related cases, individuals denied family reunification benefits may lodge complaints with the Refugee Affairs Secretariat (RAS) or escalate their appeal through judicial mechanisms.

    LAW & POLICY

    Related provisions of domestic law or policy

    The Refugee Act

    Legal provision

    Section 11.4 - Refugee Status Appeals Committee

    The Refugee Status Appeals Committee shall hear and determine appeals against any decision of the Commissioner for Refugee Affairs regarding: (a) the rejection of an individual application for refugee status; (b) the cancellation of refugee status; (c) the withdrawal of refugee status; (d) the revocation of refugee status; and (e) any other matter as may be necessary.

    The Refugees (General) Regulations, 2024

    Legal provision

    Regulation 10.1 - Refugee status determination

    During a refugee status determination interview— (a) an asylum seeker shall present his or her refugee claim in person; and (b) may be represented by a legal representative at his or her own cost; and (c) an asylum seeker who is incapable of giving consent or representing himself or herself at the interview shall be represented by competent adult who may give information on the asylum seeker’s behalf.

    Fair Administrative Action Act

    Legal provision

    Section 4 - Administrative action to be taken expeditiously, efficiently, lawfully etc.

    Every person has the right to administrative action which is expeditious, efficient, lawful, reasonable and procedurally fair.

    Section 5 - Administrative action affecting the public

    Any person who is aggrieved by an administrative action or decision may apply for review of the administrative action or decision to— (a) a court in accordance with section 8; or (b) a tribunal in exercise of its jurisdiction conferred in that regard under any written law.

    The Constitution of Kenya

    Legal provision

    Section 47 - Fair administrative action

    Every person has the right to administrative action that is expeditious, efficient, lawful, reasonable, and procedurally fair.