Date of publication:

01/09/2026

Kenya

Do domestic laws and policies require forcibly displaced and stateless persons to obtain a work permit to engage in formal wage-earning employment?

ANALYSIS

Assessment by population

Refugees
Asylum-seekers
Analysis

According to article 28 (4) of the Refugees Act, refugees are entitled to acquire documentation that would enable them to the economic and social development of Kenya. Also, article 28 (5) of the Refugees Act entitles refugees to wage earning employment subject to the laws applicable. The applicable laws regarding access to work permit entitles refugees the same treatment as any other foreigners and directs them to the Citizenship and Immigration laws of Kenya. The Citizenship and Immigration Act, 2011, under article 2 defines “foreign nationals” as any person who is not a citizen of Kenya. Whereas, the Kenya Citizens and Foreign Nationals Management Service Act, 2011, under article 2, provides an explicit definition of “foreigners” and states that in addition to the meaning in Kenya Citizenship and Immigration Act, it includes asylum seekers and refugees.

Therefore, in line with article 40 of the Citizenship and Immigration Act and article 20 of the Citizenship and Immigration Regulations, 2012, refugees can apply to acquire work permit to the Kenya Citizens and Foreign Nationals Management Service, under the Department of Immigration Services. Accordingly, those recognized refugees that fulfill the requirements would be issued with a ‘class M permit’. The details of the administrative procedures requires an applicant, in addition to a filled and signed form (form 25), to submit signed letter from the employer, copies of valid passport, recommendation letter from the Department of Refugee Affairs among others. The work permit is provided for refugees for free.

The form (Form 25) is annexed to the Citizenship and Immigration Act and an explanatory note, under part I of the form, unequivocally states that the Government policy should be manned by trained and competent citizens and permits [work permits] are issued to foreign nationals with skills not available at present on the Kenya labor market. Hence, permits are issued only on the understanding that effective training programs are undertaken to produce trained citizens within a specified period. To this effect, the form in the section to be completed by the employer, it explicitly requires the employer to provide in the form what steps he/she has taken to confirm that the skills/qualifications sought are not available locally; and if the employer is a Kenyan citizen who he/she is training for this post and the steps taken during the validity of the permit to engage a Kenyan trainee. 

While there is no data available on the number of refugees that possess work permits, UNHCR is aware of only a handful of refugees who have been able to secure a work permit, primarily those with high level of skills and expertise. Most therefore work in the informal sector, exposing them to possible exploitation.

    LAW & POLICY

    Related provisions of domestic law or policy

    Citizenship and Immigration Regulations, 2012

    Legal provision

    Article 20(1) &(2)

    (1) An application for a residence or work permit shall be made to the Director in Form 25 set out in the First Schedule. (2) The Director shall, after considering an application made under paragraph (1), issue a residence or work permit, in any of the classes specified in the Seventh Schedule, in Form 26 set out in the First Schedule, upon the payment of the applicable fees prescribed in the Ninth Schedule.

    Kenya Citizenship and Immigration Act

    Legal provision

    Section 2 - Interpretation

    “foreign national” means any person who is not a citizen of Kenya. “Travel document” means a document issued under this Act or issued by any lawful authority or government recognized by the Government of Kenya for the purpose of travel.

    Article 40 Security bond

    40(1) In this section— “Committee” means the Permit Determination Committee established under section 7 of the Kenya Citizens and Foreign Nationals Management Service Act, 2011; (2) An application for a permit shall be made to the Director in the prescribed manner; (3) The Director shall issue a permit of the required class to a person who is not a prohibited immigrant or inadmissible person, who has— (a) made an application in the prescribed manner; and (b) satisfied the Committee that he has met the requirements relating to the particular class of permit; (4) The Director shall issue or revoke a permit on recommendations of the Committee.

    The Refugee Act

    Legal provision

    Article 28(4) Rights and obligations of Refugees

    Subject to this Act, refugees shall be enabled to contribute to the economic and social development of Kenya by facilitating access to, and issuance of, the required documentation at both levels of Government.

    Section 29 - Non-refoulement

    No person shall be refused entry into Kenya, expelled, extradited from Kenya or returned to any other country or be subjected to any similar measure if, as a result of such refusal, expulsion, return or other measure, such person is compelled to return to or remain in a country where— (a) the person may be subject to persecution on account of race, religion, nationality, membership of a particular social group or political opinion; or (b) the person's life, physical integrity or liberty would be threatened on account of external aggression, occupation, foreign domination or events seriously disturbing public order in part or whole of that country. (2) The benefit of subsection 1 may not, however, be claimed by a refugee or asylum seeker whom there are reasonable grounds for him or her being regarded as a danger to the national security of Kenya.