Date of publication:
01/08/2026
Kenya
Do domestic laws and policies provide forcibly displaced and stateless persons who face violations of their right to freedom of movement and choice of residence the right of recourse to effective administrative or judicial remedies?
Assessment by population
Analysis
Refugees in Kenya who have applied for Convention Travel Documents (CTDs) and have been denied have the right to appeal through the Refugee Appeals Board (RAB) or seek legal assistance from organizations such as the Refugee Consortium of Kenya (RCK). Kenya's legal framework, particularly the Refugees Act, 2021, defines the rights and obligations of refugees within its borders while maintaining the encampment policy, which requires refugees to reside in designated areas unless granted an exemption. However, the Act also establishes mechanisms for administrative and judicial recourse, allowing refugees to challenge decisions that affect their rights, including freedom of movement and access to documentation. Refugees who feel aggrieved by decisions, such as the denial of CTDs or movement passes, can seek redress through internal administrative reviews, appeals to the Refugee Appeals Board, or legal intervention by advocacy organizations like RCK, ensuring that their rights under national and international law are upheld.
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 48 - Access to justice
The State shall ensure access to justice for all persons and, if any fee is required, it shall be reasonable and shall not impede access to justice.
Article 159(2) - Judicial authority
In exercising judicial authority, the courts and tribunals shall be guided by the following principles—(a) justice shall be done to all, irrespective of status.
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 14 - Appeals
(1) A person aggrieved by the decision of the Appeals. Commissioner under this Act may, within thirty days of receiving the decision, appeal in person or through his or her representative or through any other interested party to the Appeals Committee against the decision. (2) A person who is aggrieved by the decision of the Appeals Committee may appeal to the High Court within thirty days of being notified.