Date of publication:

03/27/2025

Kenya

Do domestic laws and policies recognize the right to adequate housing?

ANALYSIS

Assessment by population

Assessment by population
Refugees
Asylum-seekers
Analysis

Kenya’s legal framework recognizes adequate housing as a fundamental human right, emphasizing the state’s responsibility to ensure access to safe and dignified living conditions for all individuals, including refugees. This commitment is reflected in national legislation and policies that guide housing provisions and social welfare programs. For refugees residing in Kenya, access to adequate housing is shaped by both national laws and refugee-specific policies, which establish mechanisms for shelter, settlement, and integration. The country operates a camp-based refugee management system, where the majority of refugees reside in designated camps and settlements such as Dadaab and Kakuma, where housing is provided through government agencies, humanitarian organizations, and international partners. While these camps offer structured shelter programs, challenges such as overcrowding, inadequate infrastructure, and limited access to essential services impact the realization of adequate housing.

Beyond the camp setting, urban refugees, who live in cities like Nairobi, Mombasa, and Nakuru, face additional barriers, including high rental costs, discrimination from landlords, and lack of legal documentation required for securing housing. Although Kenya’s legal framework allows refugees to reside outside camps with special movement passes or work permits, the absence of targeted housing policies for urban refugees means they must rely on informal rental markets, often leading to precarious living conditions. Humanitarian organizations and refugee advocacy groups work to bridge these gaps by providing rental subsidies, legal assistance, and community-based housing support programs, but sustainable solutions remain limited.

Efforts to improve refugee housing conditions have been incorporated into broader national development strategies, particularly through initiatives that promote integration and self-reliance, such as the Kalobeyei Integrated Settlement Model, which blends humanitarian assistance with development-oriented approaches. Strengthening policies that expand housing options, enhance infrastructure, and facilitate refugee access to affordable housing in urban areas would further align Kenya’s legal commitments with international best practices on refugee protection and housing rights.

    LAW & POLICY

    Related provisions of domestic law or policy

    The Constitution of Kenya

    Legal provision

    Article 43 - Economic and social rights

    Every person has the right— (a) to the highest attainable standard of health, which includes the right to health care services, including reproductive health care; (b) to accessible and adequate housing, and to reasonable standards of sanitation; (c) to be free from hunger, and to have adequate food of acceptable quality; (d) to clean and safe water in adequate quantities; (e) to social security; and (f) to education. (2) A person shall not be denied emergency medical treatment. (3) The State shall provide appropriate social security to persons who are unable to support themselves and their dependants.

    The Refugee Act

    Legal provision

    Section 35 - Consideration of refugee matters in development plans

    The Commissioner shall liaise with the national and county governments for the purposes of ensuring that refugee matters are taken into consideration in the initiation and formulation of sustainable development and environmental plans.

    Afforable Housing Act

    Legal provision

    Section 9 - Sources of fund

    The Fund shall consist of— (a) the Affordable Housing Levy imposed under section 4; (b) monies appropriated by Parliament for purposes of the Fund; (c) grants, donations, bequests or other gifts made to the Fund; (d) monies borrowed by the Fund with the approval of the Cabinet Secretary and the National Assembly; and (e) income generated from the proceeds of the Fund.

    Section 3.1 - Objects and guiding principles

    The objects of this Act shall be to— (a) give effect to Article 43(1)(b) of the Constitution on the right to accessible and adequate housing and to reasonable standards of sanitation; (b) impose a levy to facilitate the provision of affordable housing and institutional housing; and (c) provide a legal framework for the implementation of the affordable housing programmes and projects and institutional housing.

    Article 8.1 - Establishment of fund

    There is established a Fund to be known as the Affordable Housing Fund.