Kenya’s domestic laws and policies provide legal safeguards to ensure that expulsion or deportation proceedings respect the principles of family unity, family reunification, and the best interests of the child, aligning with both national and international legal standards. The Constitution of Kenya (2010) establishes fundamental rights that indirectly protect family unity during immigration enforcement actions, particularly under Article 45, which recognizes the family as the natural and fundamental unit of society, and Article 53, which mandates that the best interests of the child must be a primary consideration in all matters concerning children. These constitutional provisions create a legal foundation requiring authorities to weigh family-related factors before making deportation or expulsion decisions.

The Kenya Citizenship and Immigration Act, 2011, which governs immigration procedures, outlines due process requirements for deportation, including administrative and judicial review mechanisms that allow affected individuals to challenge removal orders. While the Act grants the government authority to deport non-citizens on grounds such as national security or violation of immigration laws, it does not explicitly mandate a family unity assessment before carrying out an expulsion. However, the Fair Administrative Action Act, 2015, requires that all government decisions affecting individuals’ rights—including deportation—must be fair, reasonable, and procedurally just, providing a legal basis for affected individuals to challenge expulsion on family unity grounds.

For refugees and asylum-seekers, the Refugees Act, 2021, and the Refugees (General) Regulations, 2024, reinforce the principle of non-refoulement, prohibiting the expulsion or return of refugees to countries where they may face persecution, torture, or serious harm. These laws also provide for derivative refugee status, ensuring that family members of recognized refugees cannot be separated through deportation unless exceptional circumstances apply. Additionally, the Children Act, 2022, strengthens protections for children affected by deportation, mandating that immigration enforcement measures must prioritize the best interests of the child, particularly in cases involving unaccompanied or separated minors.