Date of publication:

01/08/2026

Kenya

Do domestic laws and policies provide refugees and stateless persons access to naturalization?

ANALYSIS

Assessment by population

Assessment by population
Refugees
Asylum-seekers
Analysis

Kenya’s legal framework allows for the naturalization of refugees and stateless persons, although the process is highly restrictive and discretionary. Refugees and stateless individuals may apply for naturalization under the same conditions as other foreign nationals, provided they meet residency, character, and financial stability requirements. However, naturalization remains an exception rather than a widely available pathway, as Kenyan law does not offer an automatic or facilitated naturalization process for refugees or stateless persons. Applications for naturalization require approval from the Minister of Interior and Coordination of National Government, making the process lengthy and uncertain. While some stateless communities—such as the Makonde people and Pemba community—have been granted nationality through executive action, there are no explicit legal provisions guaranteeing refugees or stateless persons the right to naturalization as a durable solution.

 

    LAW & POLICY

    Related provisions of domestic law or policy

    Kenya Citizenship and Immigration Act

    Legal provision

    Section 15 - Stateless Persons

    A person who does not have an enforceable claim to the citizenship of any recognized state and has been living in Kenya for a continuous period since 12th December 1963, shall be deemed to have been lawfully resident and may, on application, in the prescribed manner be eligible to be registered as a citizen of Kenya if that person satisfies the requirements under this article.

    Section 16 - Migrants

    A person who does not have an enforceable claim to the citizenship of any recognized state and has been living in Kenya for a continuous period since 12th December 1963, shall be deemed to have been lawfully resident and may, on application, in the prescribed manner be eligible to be registered as a citizen of Kenya if that person satisfies the requirement under this article.