Refugees Act

The Act's short title is "Refugees Act."

Defines the phrase "any spouse of the refugee."

Section 3 defines who qualifies as a "refugee", listing persons outside their country due to well-founded fear of persecution for specified reasons, stateless persons outside habitual residence for those reasons, persons displaced by conflict or disturbances, and persons in classes declared under subsection (2).

Persons are excluded or disqualified from refugee status if they have committed crimes against peace, war crimes, crimes against humanity, serious non-political crimes before admission to Kenya, acts contrary to the purposes and principles of the United Nations and the African Union, are determined to be a threat to national security, or meet specified nationality or prior-protection conditions that remove refugee protection.

Refugee status ends when the person voluntarily re-avails himself or herself of the protection of the country of his or her nationality.

The Committee must advise the Cabinet secretary on formulating national policies on matters relating to refugees in accordance with international standards.

Establishes a Refugee Status Appeals Committee, sets its membership and quorum, fixes members’ three-year terms (with one reappointment), provides voting rules (one vote each; chair has casting vote), requires the Public Service Commission to provide a secretariat, allows co-opting a UNHCR officer, lets the Committee regulate its procedures, mandates it convene when appeals are filed, and allows aggrieved persons to appeal to the High Court within thirty days of notification.

Names the Department of Refugee Services as an administrative institution.

Establishes the Department of Refugee Services as an office in the public service, lists the Department's responsibilities for asylum seekers and refugees, and obliges the Government to staff the Department with officers who have requisite expertise to assist the Commissioner.

Establishes the office of Commissioner for Refugee Affairs and lists the Commissioner’s functions in Section 8(2)(a)–(x).

Section 9 establishes the Refugee Advisory Committee, lists its membership, and sets procedural rules including co-option, voting, a casting vote for the Chairperson, and a requirement that the Chairperson convene at least four meetings each year.

Sets procedures and responsibilities for applying for refugee status, including referral by authorized officers, interviews by the Commissioner, applicant rights to legal representation (at their expense), written notification of decisions with reasons, delegation of interview functions, panel recommendations, issuance of temporary passes, and a 90-day decision timeline extendable for reasonable cause.

Establishes a Refugee Status Eligibility Panel to review refugee status determination recommendations; sets membership, quorum, appointment roles for the Commissioner, allows co-option of UNHCR or other agency representatives, and lets the Panel regulate its procedures.

Persons aggrieved may appeal a Commissioner's decision to the Appeals Committee within thirty days, and may appeal the Appeals Committee's decision to the High Court within thirty days; the Commissioner must notify the Director of Immigration within sixty days where the High Court upholds the Commissioner's decision or where an applicant failed to file a further appeal as described; no fee is charged for filing applications and appeals under this section.

Proceedings for unlawful presence apply where a person "has made a bona fide application for recognition as a refugee, until a decision has been made on the application and, where appropriate, such person has had an opportunity to exhaust his or her right of appeal."

Refugees and asylum seekers who enter Kenya must undergo health screening on entry under the Public Health Act to detect and contain contagious diseases.

The Commissioner may cancel a person's refugee recognition after notice, opportunity to respond (including 14 days for written representations and an interview), and consideration; affected persons must leave within 30 days if appeals are exhausted and the Cabinet Secretary may order removal; family members lose derivative status after 7 days but may apply under section 12.

The Commissioner may revoke refugee status for refugees who commit war crimes or crimes against humanity; revoked refugees cease to be refugees seven days after notification; family members may apply under section 12; revoked or cancelled refugees must leave within thirty days of final order or be removed by the Cabinet Secretary.

The Cabinet Secretary may order the expulsion from Kenya of any refugee or member of his family for national security or public order, may expel refugees or asylum seekers for conduct breaching public order or public morality, and must act in accordance with the due process of law before ordering expulsion.

The Commissioner must ensure measures to protect the dignity and safety of refugee women and children and to provide protection, assistance and family-tracing for refugee children.

The Commissioner must ensure safety measures for asylum seekers and refugees who are disabled, elderly, traumatized, or otherwise require special protection during admission into and stay in Kenya.

Persons applying for refugee status may remain in Kenya during determination: until recognised as a refugee; if unsuccessful, until they have had an opportunity to exhaust appeal; or, after an unsuccessful appeal under section 14, for a reasonable time not exceeding sixty days to seek admission elsewhere. The Cabinet Secretary may extend the three-month period in subsection (1)(c) on application if satisfied there is a reasonable likelihood of admission.

A person who has applied for refugee status must follow Kenya's laws; applicants and their family members are to be issued temporary passes that serve as evidence of application and are valid/renewable for ninety days.

People seeking asylum must promptly declare their intention on entry or within 30 days by reporting to the nearest reception centre or government administrative office; persons lawfully in Kenya who cannot return for reasons in section 3 must, before their lawful stay expires, present themselves to an appointed officer and apply for refugee recognition.

The Commissioner must ensure reception officers are available at designated entry points; where none are designated, immigration or other government officers at the entry points shall act as reception officers. Reception officers not from the Department must liaise with the Department for assistance. Asylum seekers may be temporarily accommodated in reception holding areas while awaiting processing, must be processed at transit centres within a reasonable time, and must immediately report to the nearest government administrative office if they enter through non-gazetted places.

Reception officers must give applications and guidelines for refugee status to any person who wishes to apply at the point of entry.

Asylum seekers or refugees entering Kenya must undergo security screening.

The Cabinet Secretary must make regulations to implement this Act within six months of its commencement; the regulations may cover the specific topics listed in Section 44(2) and the Cabinet Secretary's regulatory authority is limited to implementing the Act's provisions.

Section 28 sets out rights for refugees and asylum seekers (including rights to work, identification documents, and the status of Refugee Identity Cards) and grants the Cabinet Secretary power to designate host counties and transit centres; it also allows certain East African Community partner-state refugees to give up refugee status to claim treaty benefits.

Persons who face persecution or serious threats to life, physical integrity or liberty in their country may claim protection from refoulement; however, refugees or asylum seekers who are reasonably regarded as a danger to Kenya's national security may not claim that benefit.

The Commissioner must work with national and county government authorities in and around designated areas to protect the environment and rehabilitate areas formerly used as designated areas.

The Commissioner may require a refugee in a designated area to move to or reside in another designated area; the Commissioner must appoint settlement officers; refugees and asylum seekers must notify the Commissioner when changing residence or if residing outside a designated area at commencement; failure to comply with an order is an offence.

Section 32 concerns control of designated areas, including the organization, safety, discipline and administration of a designated area.

People may not enter a designated area unless authorized by the Commissioner, a Department employee, or a refugee, and must obtain the Commissioner's permission; those seeking entry must apply in writing stating reasons and time.

The Commissioner must promote shared use of public institutions between refugees and host communities, sensitize host communities about refugees and establish handover measures for refugee amenities with the Cabinet Secretary when refugees depart.

The Commissioner must liaise with the national and county governments to ensure refugee matters are considered when initiating and formulating sustainable development and environmental plans.

The Commissioner must ensure that special attention is given to women, children, older persons, victims of trauma and persons with disabilities during integration of refugees.

Asylum seekers and refugees have the right to return voluntarily to their country of nationality or origin at any time (except as limited by due process). Refugees who leave Kenya or cease to be refugees must surrender travel and identity documents; they may take lawful movable property if they comply with existing property laws.

Refugees residing in Kenya may be resettled to other countries except their country of origin; the Commissioner must seek additional resettlement quarters.

The Department must keep and maintain a register of refugees and asylum seekers in Kenya; it must update that register as soon as practicable after the Act comes into force. The Commissioner must register and keep records of asylum seekers and refugees and is deemed the Registrar for that purpose, and may delegate the function in writing to a Settlement officer or refugee officer.

Information received in breach of subsection (1) must not be disclosed or published; contravening this section is an offence punishable by a fine not exceeding twenty thousand shillings or imprisonment for a term not exceeding six months or both.

Section 41 lists offences related to false statements, misuse or forgery of refugee documents, bribery, sham marriages, unauthorised work by refugees, and prescribes penalties on conviction of a fine not exceeding fifty thousand shillings or imprisonment up to six months, or both.

On commencement day, rights, powers and liabilities that were vested in specified former refugee bodies are treated as vested in corresponding current bodies; members of the former Appeal Board remain in office until their existing term expires; references and administrative directions to former bodies are to be read as references to the corresponding current bodies.