Date of publication:

01/07/2026

Kenya

Do domestic laws and policies provide for every child to be registered immediately after birth – or, where necessary, through late birth registration – and to be issued a birth certificate?

ANALYSIS

Assessment by population

Assessment by population
Refugees
Asylum-seekers
Analysis

According to article 7 (2) of the Children Act, every child has the right to be registered in the Register of Births immediately after birth in accordance with the Births and Death Registration Act. It further states under article 7 (3), the Principal Registrar shall take measures to ensure correct documentation and registration of intersex children at birth. The Commissioner of Refugee Affairs (Commissioner) shall facilitate civil registration of refugees including the registration of births. Registration of births and issuance of birth certificates is done by the Department of Civil registration. Article 9 of the Births and Deaths Registration Act provides that the registration of births is compulsory. It shall be the duty of the father and/or mother of the child, of the occupier of the house in which to his knowledge the child is born, and of every person present at the birth, and of the person having charge of the child, to give notice of the birth for registration. Article 15 of the same Act makes it an offence not to register a birth where it has been deemed compulsory, 

For refugees, as per the administrative requirement displayed in the Government information website, the parent is required to give the notification of the birth of the child to enable the birth to be registered. However, a birth notification is often difficult to get for refugees who have had home births or gave birth during flight. A birth certificate/notification is a prerequisite for adding a newborn child to their parent’s household in the refugee registration database.