Applying for Asylum in Kenya

1. Asylum : This refers to the protection granted to a person in Kenya who is outside his or her country of nationality or habitual residence, who is fleeing persecution or serious harm or for other reasons.
2. Asylum Seeker : An asylum seeker is a person who has applied for protection in Kenya but whose refugee status has not yet been determined.
3. Refugees:  Refugees are people officialy recognized in Kenya as having fled their home countries due to conflict, persecution, or human rights violations.

In Kenya, UNHCR collaborates with the government to protect and support asylum seekers and refugees.

It works closely with the Department of Refugee Services (DRS) and various local, national and international partners to provide protection and assistance to refugees and asylum seekers from across the East, Horn, and Great Lakes Region.

The Kenyan Government's Department of Refugee Services (DRS) is fully responsible for conducting Refugee Status Determination (RSD), including reception, registration, and issuance of documentation.

According to the Refugee Act 2021 section 24(1), any asylum-seeker who has entered Kenya must present themselves to the Department of Refugee Service immediately: "Any person entering Kenya to seek asylum shall make his or her intention known immediately upon entry or within thirty days by reporting to the nearest reception centre or the nearest government administrative office."

DRS issues various documents to refugees and asylum-seekers, including:

1. Refugee identity cards
2. Asylum-seeker passes
3. Proof of registration documents
4. Movement passes
5. Conventional Travel Documents (CTDs)
6. Letters of Recognition

In Kenya, UNHCR collaborates with the government to protect and support asylum-seekers. It works closely with the Kenyan government and various national and international partners to provide protection and assistance to refugees and asylum seekers from across the East Africa, Horn of Africa, and Great Lakes Region.

UNHCR also offers humanitarian assistance to returnees (former Kenyan refugees abroad coming back to Kenya). Additionally, UNHCR advocates for stateless persons in Kenya and, with support from different government actors, facilitates access to documentation (birth certificates and national ID cards).

Refugee Status Determination (RSD) is a process in Kenya for evaluating asylum applications. This process is governed by the Kenyan Government's Refugees Act of 2021 and the 1951 UN Convention relating to the Status of Refugees. 

The procedure unfolds as follows:

1. Initial Steps

• Reception of asylum seekers
• Registration
• Issuance of an asylum seeker pass

2. The Application Process

• Asylum-seekers register their applications with the Department of Refugee Services (DRS)
• Registration offices are located in Dadaab, Kakuma, Nairobi, Eldoret, Nakuru, and Mombasa

3. Interview Stage

• All applicants, except those from South Sudan, undergo individual interviews
• Interviews are conducted by RSD officers
• The interview forms the basis for the decision on the application

4. Decision-Making

• Applications can be approved (granting refugee status) or rejected
• The decision is based on the interview and supporting evidence
• The burden of proof lies with the applicant

5. Appeal Process

• Rejected applicants can appeal to the Refugee Status Appeals Committee (RSAC)
• Further appeals can be made to the High Court if necessary

6. Special Considerations

• South Sudanese applicants may have a different process, as implied by their exemption from individual interviews

The outcome of this process is not guaranteed, and each application is evaluated on its individual merits.

Asylum seekers and refugees in Kenya are granted specific rights and are subject to certain duties as outlined by international conventions and Kenyan law.

These entitlements and obligations are as follows:

1. UN Convention and Protocol Rights: All refugees and asylum seekers in Kenya are entitled to the rights specified in the United Nations Convention Relating to the Status of Refugees and its accompanying Protocol.
2. OAU Convention Rights: The rights outlined in the Organization of African Unity (OAU) Convention Governing the Specific Aspects of Refugee Problems in Africa also apply to refugees and asylum seekers in Kenya.
3. Kenyan Law Compliance: Refugees and asylum seekers must adhere to all laws currently in force within Kenya.

The Department of Refugee Services (DRS) offices can be found in the following location

Registration centers operate Monday to Friday, 8:00 AM to 4:00 PM. Please note that most offices stop admitting asylum seekers and refugees at 10:00 AM, processing only those already inside the compound.

To apply for asylum in Kenya, present yourself to the DRS Office immediately upon arrival or within 30 days. If already in Kenya lawfully, register your asylum application with DRS before your stay expires.

Registering your asylum claim forms the legal basis for your stay and allows access to services. DRS will collect your biodata, take photos, and record biometric information. Bring all available documents, including; 

• Identity documents
• Travel documents
• Medical records
• Marriage /Birth Certificates
• Driving License
• Education Certificates
• Newspaper clippings
• Any other relevant documents

After registration, DRS will issue documentation such as ;

• Proof of Registration,
• Letter of Recognition 
• Asylum Seekers Pass, and
• Movement Pass.

These enable you to stay in Kenya while your application is processed and provide access to government, UNHCR, and partner services.

UNHCR Kenya

Department of Refugee Services (DRS)