Date of publication:
01/08/2026
Kenya
Do domestic laws and policies provide access to effective administrative or judicial remedies for forcibly displaced and stateless persons who face violations of their right to health?
Assessment by population
Analysis
Kenya’s healthcare policies establish legal and administrative mechanisms for individuals to challenge violations of their right to health services, ensuring that cases of medical negligence, service denial, or discrimination in healthcare access can be legally addressed. Patients can file complaints with medical boards, hospital management authorities, and regulatory agencies to seek redress in cases of malpractice or denial of services. Judicial processes also allow individuals to pursue legal action against healthcare providers or institutions that violate healthcare rights, ensuring accountability and fair treatment. The country’s commitment to health rights and patient protections reinforces the principle that all individuals, including asylum-seekers and refugees, must have equitable access to healthcare services and effective legal remedies when their rights are compromised.
Related provisions of domestic law or policy
The Constitution of Kenya
- Year: 2010
- Type: Domestic law
- Rights Category: Asylum, Education, Freedom of movement, Health, Housing, land & property, Liberty & security of person, Social protection, Work & Workplace rights, Family life, Documentation
- Link to external source: https://www.refworld.org/legal/legislation/natlegbod/2010/en/75699
Legal provision
Article 165 - High Court.
The High Court shall have jurisdiction to determine the question whether a right or fundamental freedom in the Bill of Rights has been denied, violated, infringed or threatened.
Article 23 - Authority of courts to uphold and enforce the Bill of Rights
The High Court has jurisdiction, in accordance with Article 165, to hear and determine applications for redress of a denial, violation, or infringement of, or threat to, a right or fundamental freedom in the Bill of Rights.
Article 22 - Enforcement of Bill of Rights
Every person has the right to institute court proceedings claiming that a right or fundamental freedom in the Bill of Rights has been denied, violated or infringed, or is threatened.