Article 39 (2) - Freedom of movement and residence

Every person has the right to leave Kenya.

Article 24(1) - Limitation of rights and fundamental freedoms

A right or fundamental freedom in the Bill of Rights shall not be limited except by law, and then only to the extent that the limitation is reasonable and justifiable in an open and democratic society based on human dignity, equality and freedom, taking into account all relevant factors, including— (a) the nature of the right or fundamental freedom; (b) the importance of the purpose of the limitation; (c) the nature and extent of the limitation; (d) the need to ensure that the enjoyment of rights and fundamental freedoms by any individual does not prejudice the rights and fundamental freedoms of others; and (e) the relation between the limitation and its purpose and whether there are less restrictive means to achieve the purpose.

Article 8 - Commissioner for Refugee Affairs

Commissioner for Refugee Affairs (1) There shall be a Commissioner for Refugee Affairs whose office shall be an office in the Public Service and who shall be the head of the Department. (2) The functions of the Commissioner shall be to— (a) convene and chair the Refugee Advisory Committee; (b) receive, register and maintain a register for all refugees in Kenya; (c) receive and process applications for refugee status; (d) issue refugee identification documents and facilitate issuance of civil registration and other relevant documentation by other government agencies; (e) co-ordinate all measures necessary for promoting the welfare and protection of refugees and asylum seekers and advise the Cabinet Secretary and the Committee thereon; (f) ensure in liaison with other relevant agencies the provision of adequate facilities and services for the protection, reception and care of asylum seekers and refugees within Kenya; (g) promote as far as possible durable solutions for refugees granted asylum in Kenya; (h) be the liaison between the department, state actors and relevant stakeholders and shall in that capacity, sensitize and inform on new developments and policy; (i) in liaison with Director of Immigration, process and issue conventional travel documents; (j) in liaison with the police, arrest any person suspected of committing an offence under this Act; (k) manage refugee designated areas and other related facilities; (l) form sub-committees and assign to such sub-committees functions to be exercised in relation to the reception, treatment and welfare of asylum seekers and refugees; (m) co-ordinate the provision of overall security, protection and assistance for asylum seekers and refugees in the designated areas; (n) co-ordinate activities to ensure the civilian and humanitarian character of the designated areas is maintained; (o) issue movement passes to refugees and asylum seekers wishing to travel outside the designated areas and within Kenya; (p) exempt asylum seekers and refugees from residing in designated areas where there are compelling reasons to do so; (q) ensure treatment of all asylum seekers and refugees in compliance with national law; (r) issue visitor permits for entry into refugee camps in accordance with regulations; (s) in consultation with the Cabinet Secretary, establish structures and mechanisms for management of refugee humanitarian emergencies; (t) initiate, in collaboration with the development partners, projects that promote peaceful and harmonious co-existence between the host communities and refugees; (u) co-ordinate, where relevant in collaboration with county authorities, all services and activities provided to refugees and asylum seekers by implementing agencies; (v) ensure that refugee economic and productive activities do not have a negative impact on host communities, natural resources or the local environment; (w) ensure sustainable use of resources in designated refugee hosting areas; and (x) promote, insofar as is practicable, the procurement or purchase of local products and services in support of refugee intervention and support programmes.

Section 2 - Interpretation

“foreign national” means any person who is not a citizen of Kenya. “Travel document” means a document issued under this Act or issued by any lawful authority or government recognized by the Government of Kenya for the purpose of travel.

Article 25 - Types of Passports and other travel documents.

Travel Document issued subject to the provisions of the Refugee Act, and any other Humanitarian Convention.

Shirika Plan - Generic

Shirika Plan - Generic