Date of publication:

08/21/2025

Kenya

Do domestic laws and policies allow freedom as regards the religious education of forcibly displaced and stateless children?

ANALYSIS

Assessment by population

Assessment by population
Refugees
Asylum-seekers
Analysis

Domestic laws and policies in Kenya uphold the freedom of refugees as regards the religious education of their children. The Kenyan Constitution, as per Article 32(1), explicitly guarantees freedom of conscience, religion, thought, belief, and opinion. This provision implies that individuals, including refugees, have the right to choose and practice their religion freely.

 In addition, Section 95(3)(i) of the Basic Education Act of Kenya further supports religious freedom by providing for religious instruction and religious education in basic education. This provision directs religious instruction should be offered, considering the national values and principles outlined in article 10 and Chapter Six of the Constitution. Consequently, refugees in Kenya have the right to ensure their children receive religious education in accordance with their beliefs and values, as protected by both the Constitution and the Basic Education Act.

    LAW & POLICY

    Related provisions of domestic law or policy

    Basic Education Act

    Legal provision

    Section 95 - GENERAL PROVISIONS

    The Cabinet Secretary may make regulations with respect to the conduct and management of schools and such regulations may- provide for religious instruction and religious education in basic education having regard to the national values and principles under Article 10 and Chapter Six of the Constitution.

    The Constitution of Kenya

    Legal provision

    Article 32 - Freedom of conscience, religion, belief and opinion.

    Every person has the right to freedom of conscience, religion, thought, belief and opinion.