Date of publication:
01/08/2026
Kenya
Do domestic laws and policies protect forcibly displaced and stateless persons from discrimination on any grounds?
Assessment by population
Analysis
The Constitution of Kenya provides for freedom from discrimination and places an obligation on the State to take affirmative action to design programmes and policies that redress any disadvantages suffered by any groups. The Constitution, further, offers equal protection of political, economic, cultural, and social opportunities for both men and women. The constitution also Prohibits discrimination based on race, ethnic origin, political opinion, color, gender, religion, national or social origin, age, or disability. This broad protection extends to refugees, though limitations exist.
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 27(4) - Equality and freedom from discrimination
The State shall not discriminate directly or indirectly against any person on any ground, including race, sex, pregnancy, marital status, health status, ethnic or social origin, color, age, disability, religion, conscience, belief, culture, dress, language or birth.
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 19 - Expulsion of refugees or members of their families
(1) Subject to section 19, the Cabinet Secretary may order the expulsion from Kenya of any refugee or member of his family if the Cabinet Secretary considers the expulsion to be necessary on the grounds of national security or public order. (2) Subject to subsection 19 (1) a refugee or an asylum seeker engaging in a conduct that is in breach or is likely to result in breach of public order or contrary to public morality under the law irrespective of whether the conduct is linked tohis claim for asylum or not, may be expelled from the Kenya by an order of the Cabinet Secretary. (3) Before ordering the expulsion from Kenya of any refugee or member of his family in terms of this section, the Cabinet Secretary shall act in accordance with the due process of law.