Date of publication:
01/08/2026
Kenya
Do domestic laws and policies provide forcibly displaced and stateless persons who are victims of crime with access to administrative or judicial remedies?
Assessment by population
Analysis
Kenya’s legal system provides comprehensive recourse mechanisms for individuals to report harassment, crimes, and security threats, ensuring that all persons, including refugees and stateless individuals, have access to justice. Victims can file complaints with law enforcement agencies, human rights commissions, and independent oversight bodies, ensuring that cases are properly investigated and prosecuted. Additionally, hotlines, legal aid services, and victim protection programs assist individuals in seeking redress and protection. Special legal protections exist for survivors of sexual violence, hate crimes, and organized crime-related threats, ensuring that they receive witness protection and access to psychosocial support.
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.
Section 47 - Fair administrative action
Every person has the right to administrative action that is expeditious, efficient, lawful, reasonable, and procedurally fair.
Fair Administrative Action Act
- Year: 2015
- Type: Domestic law
- Rights Category: Liberty & security of person
- Link to external source: https://kenyalaw.org/kl/fileadmin/pdfdownloads/bills/2015/FairAdministrativeAction_Bill_2015.pdf
Legal provision
Section 4 - Administrative action to be taken expeditiously, efficiently, lawfully etc.
Every person has the right to administrative action which is expeditious, efficient, lawful, reasonable and procedurally fair.
Section 5 - Administrative action affecting the public
Any person who is aggrieved by an administrative action or decision may apply for review of the administrative action or decision to— (a) a court in accordance with section 8; or (b) a tribunal in exercise of its jurisdiction conferred in that regard under any written law.
The Judicial Service Act
- Year: 2011
- Type: Domestic law
- Rights Category: Education, Freedom of movement, Health, Housing, land & property, Liberty & security of person, Nationality & facilitated naturalization, Social protection, Work & Workplace rights
- Link to external source: https://kenyalaw.org/kl/fileadmin/pdfdownloads/Acts/Judicial_Service_Act_2011.pdf
Legal provision
Section 3 - Object and purpose of Act
The objects of the Judicial Service Commission shall be to promote and facilitate the independence and accountability of the judiciary and the efficient, effective and transparent administration of justice.