Date of publication:
03/27/2025
Kenya
Do domestic laws and policies guarantee physical security?
Assessment by population
Analysis
Kenya’s policies prioritize the physical security of individuals, ensuring protection from violence, exploitation, and unlawful harm in detention centers, refugee camps, and public spaces. Law enforcement agencies are required to prevent abuses, protect detainees from mistreatment, and uphold the dignity of individuals in custody. Refugees and asylum-seekers living in camps or urban areas are entitled to special security measures, including police protection, access to legal aid, and response mechanisms for threats or violence. Ensuring physical security through law enforcement oversight, community protection programs, and rights-based approaches strengthens the safety and dignity of all individuals under Kenya’s jurisdiction.
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 29 - Freedom and security of the person
Every person has the right to freedom and security of the person, which includes the right not to be— (a) deprived of freedom arbitrarily or without just cause; (b) detained without trial, except during a state of emergency, in which case the detention is subject to Article 58; (c) subjected to any form of violence from either public or private sources; (d) subjected to torture in any manner, whether physical or psychological; (e) subjected to corporal punishment; or (f) treated or punished in a cruel, inhuman or degrading manner.
Act No. 30 of 2011, The National Police Service Commission Act 2011
- Year: 2011
- Type: Domestic law
- Rights Category: Liberty & security of person
- Link to external source: https://www.refworld.org/legal/legislation/natlegbod/2011/en/102386?prevDestination=search&prevPath=/search?keywords=The+National+Police+Service+Act&order=desc&sm_country_name%5B%5D=Kenya&sort=score&result=result-102386-en
Legal provision
Section 24 - Functions of the National Police Service
The functions of the Kenya Police Service shall be the— (a) provision of assistance to the public when in need; (b) maintenance of law and order; (c) preservation of peace; (d) protection of life and property; (e) investigation of crimes; (f) collection of criminal intelligence; (g) prevention and detection of crime; (h) apprehension of offenders; (i) enforcement of all laws and regulations with which it is charged; and (j) performance of any other duties that may be prescribed by the Inspector-General under this Act or any other written law from time to time.
Private Security Regulation Act
- Year: 2016
- Type: Domestic law
- Rights Category: Liberty & security of person
- Link to external source: https://www.psra.go.ke/wp-content/uploads/2022/02/Private-Security-Regulation-Act-13-of-2016.pdf
Legal provision
Section 3 - Object of the Act
The object of this Act is to provide for a framework for the regulation of the private security services industry in Kenya.
The Refugee Act
- Year: 2021
- Type: Domestic law
- Rights Category: Asylum, Education, Freedom of movement, Health, Liberty & security of person, Social protection, Work & Workplace rights, Family life, Documentation
- Link to external source: https://www.refworld.org/legal/legislation/natlegbod/2021/en/124231?prevDestination=search&prevPath=/search?keywords=refugee+act&order=desc&sm_country_name%5B%5D=Kenya&sort=score&result=result-124231-en
Legal provision
Section 27 - Security Screening
Any asylum seeker or refugee entering Kenya shall be subjected to security screening in accordance with the provisions of this Act and any other written law for purposes of detecting and containing any person who may pose a danger to the security of Kenya or the safety of the people and to prevent the trafficking in persons, especially women and children, terrorism and proliferation of arms and other contraband items.