Date of publication:

01/07/2026

Kenya

Do domestic laws and policies provide for the issuance, replacement and renewal of official personal identification documents for forcibly displaced and stateless persons?

ANALYSIS

Assessment by population

Refugees
Analysis

The Refugees Act No. 10 of 2021 (Refugees Act), section 28 (6), recognizes the right of refugees and asylum seekers to be issued with identity papers attesting to their identity. It states that they 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 another applicable law.  The laws provide for the issuance of identity documents to refugees and asylum seekers regardless of whether they possess a valid travel document or not. 

As per Section 28 (6) of the Refugees Act, all refugees and asylum-seekers 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 another applicable law.The Commissioner for Refugee Affairs (Commissioner), as per section  8(1)(d) of the Refugees Act, has the mandate to issue refugees with identification documents and to facilitate their civil registration and issuance of other relevant documentation by other government agencies.

The Cabinet Secretary for Interior and National Administrator has declared, as per Legal Notice No. 143, that asylum seekers pass, proof of registration, movement pass, letter of recognition, refugee identity card and conventional travel document would serve as refugee identity documents for purposes of acquiring services provided by the Government. The broader definition of identity document and official gazettement of refugee documents for accessing government and private sector services in Kenya, according to the Commissioner of the Refugee Affairs, is a major milestone in refugee employment, dignifying their identities and the right step forward on social and economic inclusion of refugees and asylum seekers in Kenya. Further, it will enhance employability, employment opportunities and other empowerment pathways, skilling, attachment and overall enjoyment of refugee rights on livelihoods, education, health, social protection and documentation.

Upon presenting themselves as persons seeking asylum in Kenya, as per section 12 (8) of the Refugees Act, asylum seekers are registered by the Department of Refugee Services (DRS) and issued with a temporary pass pending the determination of their applications for refugee status. Under the Act, a temporary pass is renewable after the expiry of ninety days until all rights connected with or incidental to an application for refugee status have been exhausted. Later, upon being granted refugee status they are issued with a Notice of Recognition (NOR) by DRS notifying them that their asylum application was successful. The NOR is a document with a one-year lifespan that is issued pending the application for a refugee ID card. Once the NOR expires it is not renewable. Production of the Refugee ID cards is done by the National Registration Bureau, a separate government entity from the DRS.  There is no provision in the law on the timelines for issuance of the refugee ID cards.  The average period between application and production of a refugee card is 6 months. Once produced DRS send SMS notifications to refugees for ID card collection. Because of the delay in production, a number of refugees are unreachable due to change of address/phone numbers and some give up after checking for multiple times, resulting to a backlog of uncollected ID cards.

Finally, section 37 (2) of the Refugees Act requires refugees who are departing from Kenya after accessing durable solutions to surrender all the documents issued to them by the government. 

    LAW & POLICY

    Related provisions of domestic law or policy

    The Refugee Act

    Legal provision

    Article 28 (6) Rights and obligations of Refugees

    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.

    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.

    Section 37 - Voluntary repatriation

    A refugee who leaves Kenya on voluntary repatriation or who ceases to be a refugee for any other cause shall surrender all travel documents, identity cards, permits or any other documents which the refugee acquired by virtue of being a refugee and may take with him or her any movable property which he or she lawfully owns provided the refugee complies with any existing laws relating to property.