Date of publication:
01/08/2026
Kenya
Do domestic laws and policies provide for refugees and stateless persons who are denied the rights covered in this category (permanent residency status, naturalization, non-discrimination, and the freedoms of expression, assembly, association and religio
Assessment by population
Analysis
According to article 48 of the Constitution, the State has the duty to ensure access to justice for all persons. Furthermore, under section 159 (2) (a), the Constitution provides that the courts and tribunals shall be guided by the principle of justice and shall be done to all irrespective of status. Hence, the Government has the duty to ensure access to justice to all including to refugees. The Legal Aid Act, 2016, with its objective to ensure the provision of affordable, accessible and sustainable legal aid and promote alternative dispute resolution mechanisms, has included refugees and asylum-seekers among the indigent groups that should benefit from legal aid.
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.
Article 159 - Judicial Authority
In exercising judicial authority, the courts and tribunals shall be guided by the following principles- justice shall be done to all, irrespective of status.
Legal Aid Act
- Year: 2016
- Type: Domestic law
- Rights Category: Social protection
- Link to external source: https://new.kenyalaw.org/akn/ke/act/2016/6/eng%402017-05-04
Legal provision
Section 36 - Eligibility for Legal Aid
An applicant is eligible for legal aid if that person is— (a) an indigent person; (b) a resident of Kenya; and (c) a child; or (d) a refugee under the Refugees Act; or (e) a victim of human trafficking; or (f) an internally displaced person; or (g) a stateless person.