Abstract
Kenya’s role as a host nation for refugees in East Africa places it at the crossroads of two often conflicting obligations: its international commitments to refugee protection and its national security concerns. Under international law, Kenya is bound by the principle of non-refoulement, which prohibits the return of refugees to countries where they would be at the risk of irreparable harm such as torture, ill-treatment or any other serious human rights violations. This legal duty tries to ensure refugees all over the world are safe and treated with dignity. However, the current geopolitical environment puts Kenya in a tough spot in terms of national security concerns. The proximity of the country to conflict zones such as Somalia: where groups like Al-Shabaab operate and South Sudan, which has experienced prolonged civil conflict, heightens Kenya’s security vulnerabilities. The ever-growing refugee populations in camps such as Dadaab and Kakuma, where there have been reported links between refugees and extremist groups further increases security risks in the country. Thus, this paper interrogates Kenya’s dilemma: how can a nation balance its legal duty to provide refuge to those in need with its responsibility to protect its citizens and safeguard national security? This research depicts the thin, often blurred line between being vigilant and going too far. It further proposes durable solutions to Kenya, being one of the biggest refugee hubs in the region.
Key Words: Extremism; National security; Non-refoulment; Refugee protection; Terrorism.
Introduction
As Ban Ki Moon, the former Secretary General of the United Nations once said, “How the world treats refugees is a litmus test of our common humanity,” Kenya’s efforts have profoundly embodied this global responsibility.[1]Its strategic geographical location in East Africa has made it a key player in hosting refugees from its neighbors. The country shares borders with conflict-ridden states such as Somalia, South Sudan, Ethiopia and Uganda, making it a natural destination for asylum seekers fleeing violence, civil war and persecution.[2] The Kenyan government has long provided refuge to those displaced by conflict, with major refugee camps such as Dadaab (only 80 kilometers from the Somali border) and Kakuma (being only 130 kilometers from South Sudan’s border and around 95 kilometers from the Ugandan border) becoming significant hubs for displaced populations from neighboring countries.[3]
Kenya's involvement in refugee protection has been critical not only for the well-being of those seeking refuge but also for the stability of the broader East African region. The country’s location near the Horn of Africa and its ties to the broader international community have made it a focal point for refugee assistance efforts. Kenya hosts the largest refugee camp in Africa and one of the largest in the world, Dadaab, with over 228,000 refugees residing there as of 2021, most from Somalia.[4] While Kakuma, home to over 147,000 refugees, houses refugees from South Sudan, Ethiopia, and other countries.[5]
However, Kenya’s role as a host country has not been without its challenges. Refugee camps, though essential for providing shelter and basic services, have also been sites of political, social, and economic strain.[6] The Kenyan government has often faced criticism from the international community for its handling of refugees, particularly regarding the conditions in these camps and the restrictions placed on refugees' rights.[7] The camps are sometimes criticized for being overcrowded, underfunded and lacking basic services such as adequate healthcare and education.[8] Moreover, there are growing concerns about the security risks associated with large refugee populations, with the government highlighting the potential for radicalization and the involvement of some refugees in criminal activities.
Kenya’s tense relations with donor nations and international organizations just complicates the situation further. While Kenya is an important partner in the global refugee response system, it has faced significant pressure to balance its humanitarian responsibilities with national security priorities.[9] The international community often expects Kenya to continue hosting large numbers of refugees, but there is little coordinated international support to address the underlying challenges faced by the country, particularly in the context of security.
A Call for Legal and Policy Reform
Despite Kenya implementing the Refugees Act of 2021, which sought align Kenya’s national laws with with international conventions, the country still faces challenges in balancing refugee protection with national security concerns.[10] One key issue is the frequent invocation of security risks to justify restrictive policies, such as the proposed closure of the Dadaab refugee camp due to alleged Al-Shabaab operatives.[11] These measures threaten Kenya’s international obligations and jeopardize refugees' rights and safety. This goes to show the need for reforms that address both security and humanitarian considerations.
The main area for reform is the refugee status determination (RSD) process, which often leaves asylum seekers in legal limbo, vulnerable to exploitation.[12] Expediting this process would enhance refugees’ legal protection while addressing security concerns. Similarly, reforms to refugee repatriation processes must ensure that repatriation is voluntary, safe, and dignified, in line with international law, preventing the risk of refoulement. Additionally, a more inclusive approach to refugee integration, providing access to employment, education, and healthcare, would contribute to both the refugees' well-being and Kenya's economic growth. To achieve these objectives, comprehensive legal and policy reforms are necessary.
Historical and Legal Background: Kenya’s Engagement with Refugee Protection
Kenya’s Commitment Under International Law
Kenya’s engagement with refugee protection is framed within a broader international legal framework that outlines the country’s obligations toward asylum seekers and refugees. The country is a signatory to several important international and regional treaties that guarantee the protection of refugees, providing both legal and moral commitments to uphold refugee rights.
The 1951 Refugee Convention and 1967 Protocol
Kenya’s love for refugees came after it ratified the 1951 Convention Relating to the Status of Refugees and its 1967 Protocol, which extend specific protections to individuals fleeing persecution. The 1951 Convention defines a refugee as someone who has fled their country of origin due to a well-founded fear of being persecuted for reasons of race, religion, nationality, membership in a particular social group, or political opinion.[13] It sets out fundamental rights for refugees, including: the right to non-refoulement: Article 33 of the 1951 Convention prohibits the forcible return of refugees to territories where their life or freedom would be threatened, a principle known as non-refoulement.[14] This perhaps is the cornerstone of refugee protection under international law. Right to access to basic services: Refugees are entitled to rights to work, education, and access to health care, among other essential services, which are crucial for their dignity and survival.[15]Kenya’s de jure state of affairs is really promising, however, the de facto state of affairs screams a different story, especially in refugee camps where overcrowding and underfunding limit access to these services.
The 1967 Protocol tried to expand the scope of the 1951 Refugee Convention by removing the geographical restrictions imposed by the original Convention, which mainly focused on refugees in Europe after World War II.[16] By signing the Protocol, Kenya acknowledged that the refugee problem is global and should not be confined to a specific region or period. This gave way for Kenya to protect their rights and/or interests regardless of the circumstances that prompted them to flee their countries in the first place.
OAU Refugee Convention (1969)
In addition to the 1951 Refugee Convention, Kenya is also a party to the Organization of African Unity (OAU) Convention Governing the Specific Aspects of Refugee Problems in Africa (1969), which protects the refugees’ rights at the regional level. The OAU Convention expands the definition of a refugee to include individuals fleeing external aggression, occupation, foreign domination, or events seriously disturbing public order. [17]This broader definition helps Kenya a lot, considering its proximity to conflict zones like Somalia and South Sudan. The OAU Convention emphasizes the need for solidarity and burden-sharing among African nations hosting refugees. However, the OAU Convention often faces challenges, including the instability in the region and lack of resources for refugee protection.[18]
Integration into Domestic Law: The Refugees Act, 2021
Kenya has taken steps to integrate its international obligations into domestic law, one such Act that has helped Kenya do so is the Refugees Act of 2021. This Act repealed the Refugees Act 2006 which was often criticized for being overly bureaucratic and for lacking clear mechanisms for refugee empowerment.[19]
The Refugees Act of 2021 seeks to address these shortcomings by introducing several key improvements. It: offers refugees freedom of movement, the right to work and access to financial services among other rights. The right of a refugee to be employed has been well encapsulated under Section 28 and it also emphasizes the “special circumstances of refugees”.[20] Additionally, this Act envisions that the refugee camps will be turned into integrated settlements, thereby creating employment opportunities for the hosting communities like the Turkana County which hosts Kakuma refugee camp.[21] Part VII of the Act sought to integrate refugees into communities. This vision became a vivid reality when the Turkana Governor Jeremiah Ekamais Lomorukai conferred municipality status to Kakuma Municipality.[22]This shift toward self-reliance is crucial, as it empowers refugees to rebuild their lives and contribute positively to the host community.
The Act, though filled with goodies, has its own challenges. One of the key issues lies in the interaction between the Act and Kenya’s national security laws. The Act is designed to ensure the protection and integration of refugees, but Kenya’s broader national security concerns often create a tension between refugee rights and security imperatives. For instance, laws that focus mainly on security matters, such as the National Security Council Act, 2012 - which grants the government broad powers to neutralize perceived security threats, sometimes clash with the provisions of the Refugees Act. This usually means more restrictive measures for refugees, thereby undermining the whole protection process.[23]
The Constitutional Framework
Kenya’s Constitution of 2010 provides a solid legal foundation for refugee protection, enshrining human rights and international obligations in its articles. It starts off by recognizing the ratified international treaties as part of the laws in Kenya. Article 2(5) and (6) of the Constitution ensure that any international treaty or convention that Kenya ratifies becomes part of the domestic law of the country.[24] This means that Kenya’s obligations under international refugee law, including the 1951 Refugee Convention, 1967 Protocol, and the OAU Convention, are automatically incorporated into Kenyan law. These provisions ensure that Kenya upholds the international refugee standards. Additionally, Article 21(4) obligates the state to ensure it enacts and implements legislations that fulfil its international obligations in respect to human rights and fundamental freedoms.[25] Thus, national laws have to align with the international human rights instruments such as the Refugees Convention.
Promises and Pitfalls: Refugees’ Struggle for Basic Rights
In hindsight, refugees in Kenya face a lot of challenges especially in accessing the most basic of rights such as healthcare, education and employment despite being entitled to them under international law. These shortcomings within the country’s policies obstruct the implementation of these rights.
Healthcare Access
Healthcare for refugees in Kenya is limited, with infrastructure in camps like Dadaab and Kakuma unable to meet the demands of large populations. In the extensive research conducted by Okello about refugees’ camps in Kenya, he found that Kalobeyei camp for instance, faced severe shortages of clean water which severely affected their health and hygiene.[26] He also noted a similar health crisis in Kakuma camp where food scarcity was a major issue, with rations not meeting the nutritional needs of the population.[27] Additionally, most refugees lack access to mental health services, leaving many without support for trauma and psychological distress.[28] Although Kenya is trying to make efforts to improve healthcare for refugees, systemic issues persist. The Ministry of Health relies too much on the donor funds since its underfunded and overstretched.[29] The government should therefore pump more investment into the healthcare facilities in refugee camps in order to provide more equitable access and reduce dependency on humanitarian actors.
Education Access
Access to education is another area where refugees face significant barriers. Take for instance the case of Refugee Consortium Kenya v Attorney General, where a Congolese residing within Nairobi was forcefully relocated to Dadaab Refugee Camp following a press statement and a directive from the government.[30] This move was devoid of the best interest of the refugee children and it ended up completely disrupting the minors’ education and well-being. The Court found that indeed, the directive and press statement infringed her children’s right to education among others.[31] Additionally, as Okello noted, children in camps often encounter overcrowded schools with insufficient resources, not to mention the language barriers that make it difficult for children from Somalia, South Sudan and Ethiopia.[32] Expanding educational opportunities for refugees is therefore imperative to secure a bright future for them.
Employment Rights
Refugees in Kenya encounter severe restrictions on their right to work. The 1951 Convention obligates member states to accord refugees lawfully staying in their territory the same treatment accorded to nationals of a foreign country in the same circumstances, as regards the right to engage in wage-earning employment.[33] However, despite this clear international obligation, the national refugee frameworks require refugees to obtain work permits, but the process is often expensive and inaccessible.[34] Consequently, many refugees are forced into the informal labor market, where they are vulnerable to exploitation and lack labor protections such as fair wages and social security.[35] In Kituo Cha Sheria case for example, the Petitioners averred that following one of the government’s directives seeking to move all refugees residing in urban areas to Dadaab and Kakuma refugee camps and ultimately back to their home countries, law enforcement officers started targeting them in their workplaces.[36]Such restrictions perpetuate economic dependency on humanitarian aid and prevent refugees from achieving self-sufficiency. Legal reforms will help not only ensure refugee rights are protected but also grow the economy of the country as more manpower will be integrated into the formal sector.
Challenges in Implementing the Refugee Legal Framework
As has now been well established, Kenya is only doing good on paper, but on the ground, things are very different. Refugees’ rights continue to be undermined by security concerns and inadequate resources.[37] Refugee camps, such as Dadaab and Kakuma, remain overcrowded, underfund and are not well-managed, which limits refugees' access to basic services.[38] Moreover, political instability in the neighboring countries, like Somalia and South Sudan worsens the situation by increasing the number of refugees in a country with limited resources.[39] Below are some of the challenges and/or dilemmas hindering the implementation of refugee legal framework in Kenya.
Political Rhetoric and Security Measures
The political rhetoric surrounding refugee protection has intermarried with the national security discourse. National security concerns have made policy-makers paranoid leading to more strict measures that limit their movements to the point of confining them into specific camps.[40] Of course to justify these restrictions, the government usually invokes its duty to control any “imminent” threats to the country’s security.[41] However, this rhetoric often leads to the stigmatization of refugees, associating them with terrorism, extremism and criminality.[42]In response, the international community has noted these broken promises by Kenyans to adhere to its international obligations and the impacts thereof.[43] The increasing restrictions on refugees' freedom of movement and their limited access to services affect their ability to just having a clean slate and rebuilding their lives.
National Security and Sovereignty
From a sovereignty perspective/lens, Kenya, like any other sovereign nation, has a responsibility to protect its citizens from external threats.[44] Thence, the government is entitled to implement policies that prevent the entry of individuals or groups who may pose a risk to national security. Kenya’s proximity to the malevolent, malicious and despicable militia groups such as the Al-Shabaab has made it vulnerable to its attacks in the past. There have been allegations that these extremist groups used the refugee camps to recruit and breed the soldiers who eventually terrorized Kenya.[45] This trauma has led to Kenyans taking the precautious road when it comes to safeguarding national security. Unfortunately, the innocent refugees are the ones bearing the bitter consequences. Thus, since the terrorist attacks, their influx and movement in the country have been limited.[46] In some circumstances, Kenya even goes to the extreme ends of breaking the most sacred international refugee principle; the principle of non-refoulement, which prohibits the host country from sending someone back to a country where the person is likely to be targeted or harmed because of his race, political views, ethnicity or other grounds.[47]
Legal and Moral Tensions
The conflict between sovereignty and international obligations presents both legal and moral dilemmas. Legally, Kenya is obligated to honor the principle of non-refoulement and provide refugees with protection from persecution. Cavallero argues that morally, Kenya has a humanitarian duty to offer sanctuary to those fleeing violence and conflict.[48] However, the perceived risks posed by refugees, especially ones linked to terrorism and extremism, complicate the government’s ability to reconcile these duties. Therefore, you find that some rights such as the right to dignity and non-discrimination as enshrined in the Constitution clash with the security-focused policies which tend to limit refugees’ freedoms. These constitutional provisions establish a legal framework that should ensure refugees are treated with respect and dignity. However, national security imperatives frequently overshadow these rights, leading to policies that restrict refugees' rights to freedom of movement, employment, and access to social services.[49]
Judicial Oversight and Human Rights Protection
Kenya’s judiciary has, at times, intervened to ensure that refugee rights are upheld in the face of restrictive policies. Courts have ruled in favor of refugees' right to protection and against policies that violate their rights. For example, the High Court, in the case of Kenya National Commission on Human Rights & another v Attorney General & 3 others [2017] eKLR - which involved forced repatriation, intervened, ruling that such actions would violate Kenya’s international obligations under the Refugee Convention.[50] The court noted that even though Art 33 of the 1951 Convention foresaw instances where the right to non-refoulement can be limited, most regional and international instruments set forth an absolute prohibition, without exceptions of any sort[51]. However, the courts still face some significant challenges when it comes to balancing human rights protections with national security concerns.
Judicial intervention has played a huge role in safeguarding the rights of refugees in the country, but let’s face it, it hasn’t been able to address the broader systematic challenges facing the said refugees. While individual court rulings may protect specific rights, the legal framework itself needs comprehensive reform to ensure that refugees are afforded the protection they deserve. Moreover, political pressure and the complex nature of national security concerns often limit the judiciary's ability to offer durable solutions.[52] It’s quite clear that Kenya still finds it hard to give refugees some breathing room with their securitized policies due to concerns of terrorism. Therefore, the ongoing judicial oversight and policy reforms are necessary to ensure that Kenya remains a leader in refugee protection while addressing the national security concerns.
The Role of the regional and international bodies in refugee protection
International organizations such as the United Nations High Commissioner for Refugees (UNHCR) and the International Organization for Migration (IOM) have been really helpful in managing refugee protection in Kenya.[53] They are among the reasons why Kenya is still able to uphold its obligations under international law. However, despite their extensive work, these organizations face challenges from national authorities which impede their work.
As the leading international body responsible for refugee protection for over 70 years, UNHCR is tasked with several crucial functions in the country. One of the primary roles of UNHCR is the registration of refugees and the issuance of refugee status determination (RSD) and identity documents.[54] RSD is important as it allows refugees to access legal rights and protection from the host country with minimal interference.[55] This means that refugees are able to work, receive education and seek healthcare services. On top of that, UNHCR also provides for humanitarian assistance to refugees, especially those residing in the Dadaab and Kakuma refugee camps.[56] This assistance includes the provision of food, water, shelter and healthcare. It also provides advocacy and legal assistance. Despite its extensive role, UNHCR faces persistent challenges in Kenya. These include limited funding, political resistance from the Kenyan government and national security concerns which oftentimes take precedence over refugee protection.[57]
The International Organization for Migration (IOM) also plays a significant role in refugee management in Kenya but surprisingly, little is known about it.[58] IOM is heavily involved in coordinating voluntary repatriation programs known as the Assisted Voluntary Return, which assist refugees wishing to return to their countries of origin.[59] This program has helped a lot of Somali refugees in Dadaab who want to return to Somalia as the security conditions improve. IOM ensures that repatriation is conducted in a manner that respects the dignity and rights of refugees. Additionally, IOM works with the Kenyan government to enhance migration policies to promote legal migration and prevent human trafficking.[60]
Regional and International Cooperation/Collaboration on Refugee Protection
As the number of refugees in Kenya continues to rise, and the challenges of managing refugee populations increase, regional cooperation has also become a necessity.[61] Kenya is one of the largest host countries in East Africa, so it plays a huge role in the regional response to displacement. However, it has limited resources. There’s therefore the need to share responsibilities with its East African counterparts to lift some weight off its shoulders and ensure that the displaced persons receive the protection and support that they need.[62]
The Intergovernmental Authority on Development (IGAD), a regional economic bloc that includes Kenya, has emerged as a key player in addressing forced displacement in East Africa.[63] The mandates of IGAD includes promoting peace, security, and economic cooperation in the region, with a focus on addressing the main causes of displacement.[64] IGAD has come up with regional mechanisms that advocates for burden-sharing among member states, which can help alleviate the pressure on countries like Kenya.[65] These mechanisms include joint assessments, shared refugee camps, and coordinated responses to issues such as overcrowding and resource scarcity. By adopting a collective approach, IGAD seeks to reduce the strain on individual countries and ensure that refugees are treated with dignity and respect. Furthermore, IGAD has supported initiatives to build the capacity of member states to handle refugee protection challenges. This includes training government officials on international refugee law, facilitating regional dialogues on migration policies, and promoting regional solutions to displacement through collaboration with organizations such as the United Nations High Commissioner for Refugees (UNHCR) and the International Organization for Migration (IOM).[66]
At the global level, international cooperation remains essential in addressing the refugee crisis in Kenya. In the past, joint programmes have been developed between the UNHCR, the Food and Agriculture Organization (FAO) and the World Food Programme under the European Nation’s Trust Fund to improve self-reliance of refugees and host communities.[67] In Kenya for example, a joint programme ‘PAMOJA’ in Dadaab, Kakuma and Kalobeyei refugee camps was developed between UNHCR and WFP to support the provision of basic assistance, protection services and economic integration of refugees and host communities.[68] Additionally, Kenya has also benefited from the Development Response to Displacement Impacts Projects (DRDIP) which is a joint fundraising effort between the United Nations Development Fund (UNCDF) and the UNHCR.[69] Also, through the United Nations Development Framework (UNDAF), the UN in Kenya pledged to commit a total of $ 1.97 billion to Kenya from 2019-2024, of which 59% of the said amount is to be channeled to refugee programmes for human development.[70]
International cooperation is therefore vital for facilitating resettlement and third-country solutions for refugees who cannot return to their home countries or integrate locally. Organizations like UNHCR advocate for resettlement options, ensuring that refugees have access to alternative solutions that preserve their dignity and human rights. By working together with international donors and host countries, Kenya can play a leading role in advocating for global solutions to the refugee crisis.
Kenya’s Role in Regional Leadership
As a prime destination for refuges and asylum seekers in East Africa, Kenya has an opportunity to strengthen its role in regional refugee protection efforts.[71] This great country can make itself a regional leader through sharing responsibilities and cooperating with other East African states.[72] Kenya can pioneer in creating regional burden-sharing mechanisms which will make the refugee responsibilities lighter for individual countries and consequently ensure that refugees are treated with the dignity they deserve.[73] By working with regional organizations like IGAD and the African Union, Kenya can help build stronger legal frameworks, improve coordination among countries, and enhance the delivery of humanitarian aid to refugees. Furthermore, if Kenya undertakes to lead in regional refugee protection efforts, other countries will have to benchmark from it and learn, which will encourage them to also advocate for refugees’ rights.
Conclusion and Recommendations
Kenya’s refugee protection journey has always been caught between a rock and a hard place. On one side lies Kenya’s promise to give sanctuary to refugees (which Ban Ki Moon described as a test to one’s humanity). On the other side, the specter of insecurity (sponsored by terrorist groups like Al-Shabaab) lingers, urging Kenyans to be vigilant. However, this precarious situation of balancing the dual imperatives of sovereignty and solidarity is not just unique to Kenya, it is global. For Kenya, taking in refugees is still a double-edged sword since refugee camps serve as both havens of hope for refugees and breeding grounds for the terrorists. Quite a dilemma. However, this dilemma is not insoluble, in fact, it presents an opportunity to reimagine refugee protection in ways that is mindful of the law and the land. This paper envisions a future where refugees’ rights and the safety of Kenyans are not adversaries but allies. A Kenya where refugees feel like home, while Kenyans also feel safe in their homes. For this purpose, the paper proposes four recommendations;
1. Legal and Policy Reforms: Strengthening Refugee Protection Without Undermining Security
Parliament must amend the Refugees Act, 2021, to smoothen the Refugee Status Determination (RSD) process for vulnerable groups such as unaccompanied or separated children, victims of sexual abuse and exploitation, victims of trauma and torture and those with disabilities. Additionally, Part V of the Refugees Act, 2021, should be amended to expressly provide for substantive rights of refugees, including civil and political rights such as freedom of expression, assembly and movement among others as well as socio-economic rights such as healthcare, work and education. This will facilitate their integration into the host community and the nation at large. Furthermore, Sections 46 and 47 of the Security Laws (Amendment) Act, 2014, should be revised to prohibit mass detention or the imposition of blanket restrictions on refugee movements. Clear guidelines for detention and deportation must be codified, including judicial oversight to ensure compliance with international law.
2. Regional Cooperation: Ensuring Burden Sharing Through Legal and Institutional Frameworks
The Ministry of Foreign Affairs must spearhead the creation of a Regional Refugee Responsibility Sharing Agreement (similar to Mexico Plan of Action) under the framework of the Intergovernmental Authority on Development (IGAD). This agreement should obligate member states to host refugees in proportion to their capacities and establish a regional fund to support refugee-hosting countries. Further, the Ministry of Interior must partner with the United Nations High Commissioner for Refugees (UNHCR) and the International Organization for Migration (IOM) to develop a centralized database for refugee management in East Africa. This system should facilitate the tracking of refugee movements, verification of identities, and sharing of security intelligence among member states.
3. Human Rights-Based Security Approaches: Targeting Threats Without Violating Rights
Parliament must amend the National Security Act to include provisions for evidence-based refugee screening protocols that adhere to international human rights standards. These amendments should require all security measures involving refugees to undergo judicial review to ensure transparency and accountability. The Anti-Terrorism Police Unit (ATPU), in collaboration with international partners, must establish a Special Refugee Screening Taskforce to conduct risk assessments on individuals entering refugee camps. This taskforce should be trained in humanitarian law and psychological profiling to prevent wrongful identification of refugees as security threats. Parliament should legislate the Repatriation and Resettlement Act modeled after the Indian Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act of 2013 (RFCTLARR Act), which will specifically address the procedures for voluntary repatriation and as well as the fair compensation and transparency in land acquisition for the displaced individuals to facilitate their resettlement. The Act should establish a specialized tribunal to oversee disputes related to deportation and forced returns, safeguarding against arbitrary actions by state agencies.
4. Balancing Sovereignty and Humanitarian Responsibility
The Ministry of Interior and National Administration must develop a National Refugee Integration Strategy, legislated by Parliament, to institutionalize the inclusion of refugees into Kenya’s socio-economic fabric. This strategy should mandate counties hosting refugees to create development plans that integrate refugee populations, with funding support from the national government and international donors. Parliament must enact a Refugee Rights and Responsibilities Act, similar to Uganda’s Refugee Act of 2006, which grants refugees the right to own property, move freely within the country, and access public services while outlining their responsibilities under Kenyan law. The government must establish a National Refugee Trust Fund, backed by contributions from the private sector, donor countries, and international organizations, to support long-term solutions such as resettlement programs, skills training, and livelihood projects.
In closing, Kenya can be both a haven for the displaced and a guardian of its sovereignty. By marrying empathy and vigilance, Kenya can create a legacy where its borders provide protection without exclusion and policies ensure safety without compromising human dignity. Let Kenya set a precedent. Let Kenya demonstrate that a nation’s true strength does not lie only in the defense of its borders but also in its willingness to offer support to those in need. This equilibrium will guarantee that refugees receive both respect and shelter, while security flourishes not through separation, but through a commitment to collective responsibility. May Kenya’s story illuminate the path for the East African community and Africa at large.
[1] Ban Ki Moon, ‘70 Years Ago, the World Made a Pact to Protect Refugees. Too Many of Our Leaders Are Failing to Uphold That Promise’ (Time Magazine, 26 July 2021) < https://time.com/6083151/1951-refugee-convention-anniversary/> accessed 1 December 2024
[2] Herbert Amatsimbi, ‘Development of Government Policies and Their Implications on Refugee Protection in Kenya, 1964-2016’ (2024) 7(1) African Journal of Social Issues < https://www.ajol.info/index.php/ajosi/article/view/271660 > accessed 1 December 2024
[3] Herbert Amatsimbi, ‘Refugee Protection in Kenya’ (2024) 16(1) Journal of Policy and Development Studies < https://www.ajol.info/index.php/jpds/article/view/277528 > accessed 1 December 2024
[4] UNHCR (2021b), Statistical Summary as of 31 August 2021: Refugees and Asylum Seekers in Kenya < https://www.unhcr.org/ke/wp-content/uploads/sites/2/2021/09/Kenya-Statistics-Package-31-August-2021.pdf> accessed 1 December 2024
[5] UNHCR (2020), Kakuma Camp Population Statistics by Country of Origin, Sex, and Age Group < https://data2.unhcr.org/en/documents/details/60695> accessed 1 December 2024
[6] Herbert Amatsimbi, ‘Refugee Protection in Kenya’ (2024) 16(1) Journal of Policy and Development Studies < https://www.ajol.info/index.php/jpds/article/view/277528 > accessed 1 December 2024
[7] Mohamed Husein, ‘The Challenges Facing Refugees and their Influence on Socio-Economic Development of Local Community in Daadab Camps in Kenya’ (LLM Thesis, University of Nairobi 2010)
[8] Abulogn Okello, ‘Refugee Welfare in Kenya: Challenges and Solution’ in Helder Ferreira do Vale (ed), Social Welfare - Policies, Services, and Institutions for the Poor, the Sick, and the Elderly (IntechOpen 2024)
[9] Herbert Amatsimbi, ‘Refugee Protection in Kenya’ (2024) 16(1) Journal of Policy and Development Studies < https://www.ajol.info/index.php/jpds/article/view/277528 > accessed 1 December 2024
[10] Herbert Amatsimbi, ‘Refugee Protection in Kenya’ (2024) 16(1) Journal of Policy and Development Studies < https://www.ajol.info/index.php/jpds/article/view/277528 > accessed 1 December 2024
[11] Nhial Deng, ‘Refugees in Kenya’s Kakuma and Dadaab Camps are Still in Limbo’ (Al Jazeera, 22 May 2022) < https://www.aljazeera.com/opinions/2022/5/28/refugees-in-kenyas-kakuma-and-dadaab-camps-are-still-in-limbo> accessed 1 December 2024
[12] Abulogn Okello, ‘The Impact of Socioeconomic Factors on the Mental Health and Integration of Refugee and Asylum Seekers in Kenya’ in Samson Maekele Tsegay (ed), Migration and Forced Displacement- Vulnerability and Resilience (IntechOpen, 2024)
[13] Convention Relating to the Status of Refugees (adopted 28 July 1951, entered into force 22 April 1954) 189 UNTS 137 (Refugee Convention), art 1
[14] Convention Relating to the Status of Refugees (adopted 28 July 1951, entered into force 22 April 1954) 189 UNTS 137 (Refugee Convention), art 33
[15] Abulogn Okello, ‘Refugee Welfare in Kenya: Challenges and Solution’ in Helder Ferreira do Vale (ed), Social Welfare - Policies, Services, and Institutions for the Poor, the Sick, and the Elderly (IntechOpen 2024)
[16] The Protocol Relating to the Status of Refugees (adopted 31 January 1967, entered into force 4 October 1967)
[17] Organization of African Unity (OAU) Convention Governing the Specific Aspects of Refugee Problems in Africa (Adopted 10 September 1969, entered into force 20 January 1974), art 1(2)
[18] Abraham Ename Minko, ‘How the African Union can Improve the Protection and Integration of Refugees in Africa: An Analysis of Policy Frameworks and Implementation Strategies’ (2023) 7(5) International Journal of Research and Innovation in Social Science < https://rsisinternational.org/journals/ijriss/articles/how-the-african-union-can-improve-the-protection-and-integration-of-refugees-in-africa-an-analysis-of-policy-frameworks-and-implementation-strategies/> accessed 2 December 2024
[19] Truphosa Atero Anjichi, ‘Protecting Refugees: A Critical Analysis of the Kenya Refugee Act, 2006’ (LLM Thesis, University of Nairobi 2010)
[20] The Refugee Act 2021, s 28(5)
[21] Abdullahi Boru Halakhe, ‘The New Refugee Act in Kenya and What it Means for Refugees’ (Refugees International, 3 June 2024) < https://www.refugeesinternational.org/perspectives-and-commentaries/the-new-refugee-act-in-kenya-and-what-it-means-for-refugees/ > accessed 2 December 2024
[22] Public Communication and Media Relations Department, Operationalizing Kakuma Municipality: Stakeholders Meet Over Implementation of Service Delivery Strategies (Turkana County Government, 19 January 2024) < https://turkana.go.ke/2024/01/19/operationalizing-kakuma-municipality-stakeholders-meet-over-implementation-of-service-delivery-strategies/> accessed 2 December 2024
[23] Christina Boswell, ‘The Conflict between Refugee Rights and National Interests: Background and Policy Strategies’ (1999) 18 Survey Quarterly
[24] The Constitution of Kenya 2010, arts 2(5) and 2(6)
[25] The Constitution of Kenya 2010, art 21(4)
[26] Abulogn Okello, ‘Refugee Welfare in Kenya: Challenges and Solution’ in Helder Ferreira do Vale (ed), Social Welfare - Policies, Services, and Institutions for the Poor, the Sick, and the Elderly (IntechOpen 2024)
[27] Abulogn Okello, ‘Refugee Welfare in Kenya: Challenges and Solution’ in Helder Ferreira do Vale (ed), Social Welfare - Policies, Services, and Institutions for the Poor, the Sick, and the Elderly (IntechOpen 2024)
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