Date of publication:

01/09/2026

Kenya

Do domestic laws and policies allow forcibly displaced and stateless persons to access financial services, including opening a bank account and obtaining loans?

ANALYSIS

Assessment by population

Refugees
Asylum-seekers
Analysis

Kenya's Refugees Act, 2021 represents a significant advancement in the rights of refugees, explicitly granting them the ability to engage in gainful employment and entrepreneurial activities. While the Act does not specifically mention access to financial services, these rights inherently necessitate the ability to interact with financial institutions. The Act states:

"A refugee shall have the right to engage individually or in a group, in gainful employment or enterprise or to practice a profession or trade where he holds qualifications recognized by competent authorities in Kenya."

This provision implies that refugees should have access to financial services to effectively participate in economic activities.

In practice, the Central Bank of Kenya (CBK) oversees the regulation of financial institutions, including the establishment of guidelines that promote financial inclusion. The CBK's Banking Act and related regulations do not explicitly prohibit refugees from accessing financial services. However, financial institutions often require specific identification documents to comply with Know Your Customer (KYC) regulations. The Refugees (General) Regulations, 2024 provide that refugees are issued with identity documents, such as the Refugee Identity Card, which can serve as valid identification when accessing financial services.

Despite the supportive legal framework, refugees may face practical challenges when accessing financial services. Some financial institutions may be unfamiliar with refugee identification documents, leading to hesitancy or refusal to provide services. Additionally, there may be a lack of awareness among refugees about the procedures and requirements for accessing financial services. To address these challenges, the CBK has been working towards enhancing financial inclusion policies, and organizations like the United Nations High Commissioner for Refugees (UNHCR) are collaborating with financial institutions to facilitate refugees' access to banking services.

    LAW & POLICY

    Related provisions of domestic law or policy

    The Refugee Act

    Legal provision

    Section 28 - Rights and obligations of Refugees

    Subject to this Act, every refugee and every asylum seeker within Kenya shall be entitled to the rights and be subject— (a) to the duties contained in the UN Convention, its Protocol and the OAU Convention; and (b) all the laws in force in Kenya. (2) The Cabinet Secretary may, by notice in the Gazette and in consultation with the relevant county governments, designate specific counties to host refugees. (3) The Cabinet Secretary may, by notice in the Gazette, designate places and areas in Kenya to be transit centres for purposes of temporarily accommodating refugees. (4) Subject to this Act, refugees shall be enabled to contribute to the economic and social development of Kenya by facilitating access to, and issuance of, the required documentation at both levels of Government. (5) Subject to the laws applicable and taking into special consideration the special circumstances of refugees, a refugee recognized under this Act shall have the right to engage individually or in a group, in gainful employment or enterprise or to practice a profession or trade where he holds qualifications recognized by competent authorities in Kenya. (6) A refugee and an asylum seeker shall have the right to identification and civil registration documents and such documents shall be sufficient to identify a refugee or asylum seeker for the purposes of access to rights and services under this Act and any other applicable law. (7) Without prejudice to the generality of the foregoing, and subject to the special circumstances of refugees, the Refugee Identity Card shall at a minimum have a similar status to the Foreign National Registration Certificate issued under section 56 (2) of the Kenya Citizenship and Immigration Act (No. 12 of 2011) for the purposes of accessing the rights and fulfilling obligations under this law. (8) A person from a Partner State of the East African Community who has been recognised as a refugee under this Act may opt to voluntarily give up his or her refugee status for the purposes of enjoying any of the benefits due to him or her under the Treaty for the Establishment of the East African Community, the Protocol for the Establishment of the East African Community Common Market, and any other relevant written law.