Date of publication:

01/08/2026

Kenya

Do domestic laws and policies protect forcibly displaced and stateless persons from harm and discrimination on the basis of their ethnic, religious, political, sexual or gender identity or orientation?

ANALYSIS

Assessment by population

Refugees
Asylum-seekers
Analysis

Kenya’s legal framework protects sexual, ethnic, linguistic, and religious minorities from violence, discrimination, and exploitation, ensuring their right to equal treatment, cultural expression, and security. Specialized human rights commissions and anti-discrimination bodies work to address hate crimes, ethnic conflicts, and gender-based violence, with targeted policies to promote coexistence, interfaith dialogue, and cultural integration. Public institutions, including schools, hospitals, and law enforcement agencies, are required to respect and accommodate the diverse backgrounds of displaced persons and stateless communities, ensuring that they receive equal access to services and legal protections. Government efforts include awareness campaigns, conflict resolution programs, and legal recourse mechanisms to address instances of violence and exploitation targeting minority groups.

    LAW & POLICY

    Related provisions of domestic law or policy

    The Constitution of Kenya

    Legal provision

    Article 56 - Minorities and marginalised groups

    The State shall put in place affirmative action programmes designed to ensure that minorities and marginalised groups—(a) participate and are represented in governance and other spheres of life; (b) are provided special opportunities in educational and economic fields; (c) are provided special opportunities for access to employment; (d) develop their cultural values, languages and practices; and (e) have reasonable access to water, health services and infrastructure.

    The Penal Code

    Legal provision

    Section 162 - Sexual Offenses

    Any person who unlawfully has carnal knowledge of a girl under the age of fourteen years is guilty of a felony and is liable to imprisonment with hard labour for life, with or without corporal punishment.

    National Policy on Gender and Development

    Legal provision

    National Policy on Gender and Development - Generic

    National Policy on Gender and Development - Generic