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?
Assessment by population
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.
Related provisions of domestic law or policy
Basic Education Act
- Year: 2013
- Type: Domestic law
- Rights Category: Education, Social protection
- Link to external source: http://www.parliament.go.ke/sites/default/files/2017-05/BasicEducationActNo_14of2013.pdf
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
- 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 32 - Freedom of conscience, religion, belief and opinion.
Every person has the right to freedom of conscience, religion, thought, belief and opinion.