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Kenya's New Refugee Law

Kenya achieved a milestone in its history of hosting refugees on 29th November 2006, when finally, Kenya's Parliament passed a Refugee Law. The Law, which came into force on 15th May 2007, clearly stipulates how the Government intends managing refugee matters in Kenya.

The Law recognizes that as foreigners, refugees are not entitled to all the rights that Kenyans enjoy, hence the need to protect the rights that give them a chance for a dignified existence, while making sure that the interests of Kenya are protected too. Kenya is host to approximately 280,000 refugees and has hosted many others in its 40 years of independence.

However, with the lack of a comprehensive legislation that guarantees refugees the enjoyment of rights as stipulated in the international refugee conventions and protocols, refugees were entrusted to the immigration Law of Kenya and the Aliens Restriction Act. Both these domestic instruments do not accord refugees the rights as enshrined in the international instruments. Worse still, there was no clear distinction between economic migrants and irregular immigrants and refugees in the application of these instruments.

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