Date of publication:
01/08/2026
Kenya
Do domestic laws and policies allow access to social housing for forcibly displaced and stateless persons?
Assessment by population
Analysis
Kenya’s legal framework includes provisions to facilitate access to affordable housing, ensuring that low- and middle-income groups can benefit from state-supported housing programs. The Affordable Housing Act, 2024, serves as the primary legislative framework governing the development, financing, and allocation of affordable housing units, promoting inclusive housing policies tailored to different economic groups. The Act introduces mechanisms for subsidized homeownership, rental housing schemes, and incentives for private sector participation, ensuring that housing remains accessible and sustainable. However, while the Act prioritizes Kenyan citizens, it does not explicitly address its applicability to non-citizens, including refugees and other displaced populations. Despite this, broader housing policies and settlement programs for refugees and vulnerable groups continue to be implemented through humanitarian organizations and government partnerships, ensuring that housing remains accessible to a wider demographic beyond the scope of the Affordable Housing Act. Expanding legal provisions to clarify eligibility for non-citizens could further enhance housing inclusivity and align Kenya’s policies with international standards on the right to adequate housing.
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 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 Affordable Housing Regulations
- Year: 2024
- Type: Domestic law
- Rights Category: Housing, land & property
- Link to external source: https://housingandurban.go.ke/wp-content/uploads/2024/04/Affordable-Housing-Regulations-2024.pdf
Legal provision
Regulation 7 - Eligibility for allocation
A person shall be eligible to apply for the allocation of an affordable housing unit if that person— (a) is a citizen of Kenya; (b) is above the age of eighteen years;