Article 8 - Commissioner for Refugee Affairs

Commissioner for Refugee Affairs (1) There shall be a Commissioner for Refugee Affairs whose office shall be an office in the Public Service and who shall be the head of the Department. (2) The functions of the Commissioner shall be to— (a) convene and chair the Refugee Advisory Committee; (b) receive, register and maintain a register for all refugees in Kenya; (c) receive and process applications for refugee status; (d) issue refugee identification documents and facilitate issuance of civil registration and other relevant documentation by other government agencies; (e) co-ordinate all measures necessary for promoting the welfare and protection of refugees and asylum seekers and advise the Cabinet Secretary and the Committee thereon; (f) ensure in liaison with other relevant agencies the provision of adequate facilities and services for the protection, reception and care of asylum seekers and refugees within Kenya; (g) promote as far as possible durable solutions for refugees granted asylum in Kenya; (h) be the liaison between the department, state actors and relevant stakeholders and shall in that capacity, sensitize and inform on new developments and policy; (i) in liaison with Director of Immigration, process and issue conventional travel documents; (j) in liaison with the police, arrest any person suspected of committing an offence under this Act; (k) manage refugee designated areas and other related facilities; (l) form sub-committees and assign to such sub-committees functions to be exercised in relation to the reception, treatment and welfare of asylum seekers and refugees; (m) co-ordinate the provision of overall security, protection and assistance for asylum seekers and refugees in the designated areas; (n) co-ordinate activities to ensure the civilian and humanitarian character of the designated areas is maintained; (o) issue movement passes to refugees and asylum seekers wishing to travel outside the designated areas and within Kenya; (p) exempt asylum seekers and refugees from residing in designated areas where there are compelling reasons to do so; (q) ensure treatment of all asylum seekers and refugees in compliance with national law; (r) issue visitor permits for entry into refugee camps in accordance with regulations; (s) in consultation with the Cabinet Secretary, establish structures and mechanisms for management of refugee humanitarian emergencies; (t) initiate, in collaboration with the development partners, projects that promote peaceful and harmonious co-existence between the host communities and refugees; (u) co-ordinate, where relevant in collaboration with county authorities, all services and activities provided to refugees and asylum seekers by implementing agencies; (v) ensure that refugee economic and productive activities do not have a negative impact on host communities, natural resources or the local environment; (w) ensure sustainable use of resources in designated refugee hosting areas; and (x) promote, insofar as is practicable, the procurement or purchase of local products and services in support of refugee intervention and support programmes.

Article 3 Meaning of marriage

(1) Marriage is the voluntary union of a man and a woman whether in a monogamous or polygamous union and registered in accordance with this Act; (2) Parties to a marriage have equal rights and obligations at the time of the marriage, during the marriage and at the dissolution of the marriage (3) All marriages registered under this Act have the same legal status (4) Subject to sub-section (2), the parties to an Islamic marriage shall only have the rights granted under Islamic law.