Date of publication:
01/07/2026
Kenya
Do domestic laws and policies provide forcibly displaced and stateless persons with access to administrative or judicial remedies when they are denied the registration of vital events or the recognition, issuance, or replacement of civil, identity and tr
Assessment by population
Analysis
According to article 48 of the Constitution, the State has the duty to ensure access to justice for all persons and if any fee is required, it shall be reasonable and shall not be impede access to justice. Furthermore, under article 159 (2) (a), the Constitution provides that the courts and tribunals shall be guided by the principle of justice shall be done to all irrespective of status. Hence, the Government has the duty to ensure access to justice to all including to refugees. The Legal Aid Act, 2016, with its objective to ensure the provision of affordable, accessible and sustainable legal aid and promote alternative dispute resolution mechanisms, has included refugees and asylum-seekers among the indigent groups that should benefit from legal aid. It would therefore be assumed that in a situation where the government wrongfully denies access to these documents then the refugees have the right to file for an order of mandamus from the High Court of Kenya.
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 48 - Access to justice
The State shall ensure access to justice for all persons and, if any fee is required, it shall be reasonable and shall not impede access to justice.