Date of publication:
01/09/2026
Kenya
Do domestic laws and policies allow forcibly displaced and stateless persons to access state employment services?
Assessment by population
Analysis
Kenya's Refugees Act, 2021 marks a significant advancement in the recognition of refugees' rights within the country. The Act explicitly grants refugees the right to engage in gainful employment or enterprise, as well as the practice of a profession or trade, provided they possess qualifications recognized by the relevant Kenyan authorities. This legislative development aligns with Kenya's obligations under international instruments, such as the 1951 Refugee Convention, which advocates for the economic inclusion of refugees.
Despite the progressive legal framework, practical challenges persist in the implementation of these rights. Refugees often encounter bureaucratic hurdles when applying for work permits, including stringent requirements and prolonged processing times. Additionally, there may be limited awareness among employers and refugees regarding the legal provisions that permit refugees to work legally in Kenya. These obstacles can hinder refugees' access to formal employment opportunities and state employment services.
Related provisions of domestic law or policy
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.