Kenya’s legal framework, particularly the Refugees Act, 2021, provides the legal basis for the residence and movement of refugees and asylum seekers within the country, ensuring that their status, rights, and obligations are clearly defined. The Act reinforces Kenya’s long-standing encampment policy, which requires refugees to reside in designated refugee camps, primarily Dadaab and Kakuma, unless they obtain special movement permits from the Department of Refugee Services. This policy is designed to regulate refugee movement, facilitate humanitarian assistance, and maintain national security, while also streamlining refugee registration and service provision.

The encampment policy limits the ability of refugees to freely choose their place of residence, as they are required to remain within designated camps unless granted explicit authorization to live in urban areas for reasons such as education, medical treatment, employment, or security concerns. Even with such authorization, urban refugees must renew their permits periodically and are often subject to additional monitoring by authorities. While the Refugees Act, 2021, recognizes the right to seek employment and engage in livelihood activities, in practice, the encampment policy restricts economic integration and self-reliance, as refugees residing in camps face limited access to formal employment opportunities outside designated areas.

The Act aligns with Kenya’s international obligations under the 1951 Refugee Convention and the 1969 OAU Refugee Convention, ensuring that refugees are protected from refoulement and have access to humanitarian assistance. However, the continued encampment policy reflects Kenya’s national security concerns, resource constraints, and the need for structured refugee management. The legal framework also provides mechanisms for appeal and administrative review, allowing refugees to challenge movement restrictions or denial of permits through legal and administrative channels.

While Kenya’s refugee policies prioritize structured settlement and assistance, ongoing discussions on alternative refugee management models, such as community integration and economic inclusion, suggest potential future reforms that may provide refugees with greater freedom of movement and residence options. For now, the Refugees Act, 2021, continues to enforce the encampment policy as the primary framework governing refugee residence and movement, balancing humanitarian concerns, national security considerations, and Kenya’s obligations under international refugee law.