The immigration and refugee laws of Kenya do not clearly prohibit the detention of children for immigration related reasons. The Citizenship and Immigration Act does not regulate/provide the possible measures to be taken when unaccompanied child is found in an immigration irregularity. Also, the Act has not considered the children/minor dependents of prohibited migrants and inadmissible migrants, while refugees are included in the list, as provided under article 33(1(u) and 2(f)) of the Immigration Act.

However, with regard to the general condition of detention of children in Kenya, the Constitution, under article 53(1(f)), provides detention to be a last resort, to be held for the shortest appropriate period of time and to be applied with due care to the child’s over all wellbeing. Furthermore, article 223 of the Children Act, 2022, provides that detention of child to be used as a means of last resort, and detention pending trial shall, as far as is reasonably practicable, be replaced by alternative measures, such as placement with a family or in an educational setting or home. In addition, according to article 21 of the Persons Deprived of Liberty Act,20l4, where a child is detained, the competent authority has the duty to inform the parent or guardian, in case of no parent or guardian is traceable to notify the Administrative Officer in the area where the child’s home is located.