Date of publication:

01/09/2026

Kenya

Do domestic laws and policies provide forcibly displaced and stateless persons who face violations of their right to social protection with access to effective administrative or judicial remedies?

ANALYSIS

Assessment by population

IDPs
Refugees
Analysis

Kenya’s legal framework provides mechanisms for individuals to challenge violations of their social insurance and social assistance rights, primarily through administrative appeals, legal complaints, and judicial review processes. Citizens who are wrongfully denied access to social benefits can seek redress through government agencies, specialized tribunals, and courts. However, for asylum-seekers and refugees, the lack of explicit legal guarantees regarding social protection means they have limited access to formal appeal mechanisms. In practice, refugees rely on humanitarian organizations and legal aid groups to challenge denials of healthcare, social services, or financial assistance. Strengthening legal recognition of refugees’ rights to social protection and establishing formal complaint mechanisms would ensure greater accountability and access to justice for displaced populations in Kenya.

    LAW & POLICY

    Related provisions of domestic law or policy

    Kenya Social Protection Policy

    Legal provision

    Kenya Social Protection Policy - Generic

    Kenya Social Protection Policy - Generic

    Social Assistance Act

    Legal provision

    Section 4 - Functions of the Authority

    The functions of the Authority shall be to— (a) provide social assistance to persons in need; (b) maintain a register of persons in need of social assistance; (c) facilitate the registration of voluntary social assistance organizations and monitor their activities; (d) collaborate with other bodies and organizations in the provision of social assistance; and (e) perform such other functions as may be assigned under this Act.

    Fair Administrative Action Act

    Legal provision

    Section 4 - Administrative action to be taken expeditiously, efficiently, lawfully etc.

    Every person has the right to administrative action which is expeditious, efficient, lawful, reasonable and procedurally fair.

    Section 5 - Administrative action affecting the public

    Any person who is aggrieved by an administrative action or decision may apply for review of the administrative action or decision to— (a) a court in accordance with section 8; or (b) a tribunal in exercise of its jurisdiction conferred in that regard under any written law.