Date of publication:
08/21/2025
Kenya
Are identity documents issued to forcibly displaced and stateless persons effectively recognized in the private sector (eg. financial services, insurance services, telecoms, mobile money, private employers)?
Assessment by population
Analysis
The primary identification documents issued by the Kenyan government include:
- National Identity Card (ID): Mandatory for all citizens aged 18 and above.
- Kenyan Passport: Serves as an international travel document.
- Alien ID: Issued to registered foreign residents.
- Refugee ID: Provided by the Department of Refugee Services (DRS) to recognized refugees.
- UNHCR Proof of Registration (PoR): Given to asylum seekers upon registration.
While Kenyan citizens and registered foreign residents with National IDs or Alien IDs typically access private sector services without significant barriers, FDPs often encounter obstacles due to the limited acceptance of Refugee IDs and PoRs.
Related provisions of domestic law or policy
Kenya Gazette Notice No. 143 of 2023:
- Year: 2023
- Type: Domestic policy
- Rights Category: Documentation
- Link to external source: https://new.kenyalaw.org/akn/ke/act/ln/2023/143/eng%402023-10-27
Legal provision
Kenya Gazette Notice No. 143 of 2023: - Generic
Kenya Gazette Notice No. 143 of 2023: - Generic
The Refugee Act
- Year: 2021
- Type: Domestic law
- Rights Category: Asylum, Education, Freedom of movement, Health, Liberty & security of person, Social protection, Work & Workplace rights, Family life, Documentation
- Link to external source: https://www.refworld.org/legal/legislation/natlegbod/2021/en/124231?prevDestination=search&prevPath=/search?keywords=refugee+act&order=desc&sm_country_name%5B%5D=Kenya&sort=score&result=result-124231-en
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.