Date of publication:
01/08/2026
Kenya
Do domestic laws and policies provide forcibly displaced and stateless persons the right to move freely within the country?
Assessment by population
Analysis
Kenya's legal framework governing refugees is primarily outlined in the Refugees Act, 2021, which establishes the rights and obligations of refugees within its borders. The Act introduces progressive measures aimed at enhancing refugee self-reliance and integration, aligning with international refugee protection standards. However, it maintains certain restrictions on the freedom of movement for refugees, requiring them to reside in designated refugee camps unless granted an exemption.
Under the Act, refugees seeking to reside outside designated camps must apply for an exemption permit, which is assessed on a case-by-case basis by an Exemption Panel. The panel evaluates applications based on specific eligibility criteria, which include:
- Business or Employment Opportunities – Refugees engaged in formal employment or operating businesses that require their presence outside the camps.
- Family Reunification – Refugees seeking to reunite with immediate family members residing outside the camps.
- Health Reasons – Refugees requiring specialized medical treatment that is unavailable within the camps.
- Education – Refugees pursuing higher education or vocational training in institutions located outside the designated refugee areas.
The Exemption Panel convenes periodically to review applications and determines whether an applicant meets the stipulated conditions for exemption. If approved, the refugee is permitted to reside outside the camp under specific terms and conditions.
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 24(1) - Limitation of rights and fundamental freedoms
A right or fundamental freedom in the Bill of Rights shall not be limited except by law, and then only to the extent that the limitation is reasonable and justifiable in an open and democratic society based on human dignity, equality and freedom, taking into account all relevant factors, including— (a) the nature of the right or fundamental freedom; (b) the importance of the purpose of the limitation; (c) the nature and extent of the limitation; (d) the need to ensure that the enjoyment of rights and fundamental freedoms by any individual does not prejudice the rights and fundamental freedoms of others; and (e) the relation between the limitation and its purpose and whether there are less restrictive means to achieve the purpose.
Article 39(1) - Freedom of movement and residence
Every person has the right to freedom of movement.
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 8 - Commissioner for Refugee Affairs
The functions of the Commissioner shall be to issue movement passes to refugees and asylum seekers wishing to travel outside the designated areas and within Kenya. The functions of the Commissioner shall be to exempt asylum seekers and refugees from residing in designated areas where there are compelling reasons to do so.