Date of publication:

01/08/2026

Kenya

Do domestic laws and policies protect forcibly displaced and stateless persons from harm and discrimination on the basis of their ethnic, religious, political, sexual or gender identity or orientation?

ANALYSIS

Assessment by population

Refugees
Asylum-seekers
Stateless persons
Analysis

Kenya’s legal framework incorporates protections against discrimination based on ethnicity, religion, political affiliation, gender identity, and sexual orientation, ensuring that forcibly displaced and stateless persons receive equal legal protections. Legal provisions safeguard individuals from hate crimes, persecution, and social exclusion, particularly in refugee-hosting areas, where multi-ethnic and multi-religious communities coexist. Specialized human rights monitoring bodies document and respond to cases of identity-based violence, while humanitarian organizations provide safe spaces, counseling, and legal assistance to individuals facing discrimination or persecution. Law enforcement agencies are required to prevent and investigate hate crimes, reinforcing Kenya’s commitment to diversity and inclusion.

    LAW & POLICY

    Related provisions of domestic law or policy

    The Constitution of Kenya

    Legal provision

    Article 27 - Equality and Freedom from Discrimination

    Every person is equal before the law and has the right to equal protection and equal benefit of the law.

    The Penal Code

    Legal provision

    Section 162 - Sexual Offenses

    Any person who unlawfully has carnal knowledge of a girl under the age of fourteen years is guilty of a felony and is liable to imprisonment with hard labour for life, with or without corporal punishment.