Revocation of Refugee Status in Kenya

1. What is Refugee Status and Why is it Important?

Refugee status in Kenya is granted to people forced to flee their countries due to persecution, war, or violence. This status, while important, is not permanent and can be revoked under certain circumstances.

The Refugees Act, 2021 in Kenya outlines specific provisions regarding the revocation of refugee status. Section 18 empowers the Commissioner of Refugee Affairs to revoke a person's refugee status at any time.

2. Grounds for Revocation of Refugee Status in Kenya

Revocation can occur if the refugee commits a war crime, a crime against humanity or violating international agreements to which Kenya is a signatory.

3. The Refugee Status Revocation Procedure in Kenya 

The Revocation Process for Refugee Status in Kenya involves several key steps:

1. The Commissioner for Refugee Affairs initiates the process by serving a written notice to the refugee. This notice includes:
1. Information about the reconsideration of their refugee status
2. An invitation to submit written representations within 14 days or an extended period as allowed
3. An invitation to attend an interview with the Department, where they can present their case in person and may be accompanied by legal or other representation.
2. The Commissioner or Refugee Affairs examines each case, conducting any necessary inquiries or investigations.
3. After evaluating all evidence and conducting a legal assessment, the Commissioner may decide to cancel the refugee's status recognition.
4. The Commissioner or Refugee Affairs informs the person of the decision, providing reasons for the cancellation.
5. The refugee has the right to appeal the decision through the Refugee Appeal Board also known us the (Refugee Status Appeals Committee).
6. If the refugee does not appeal or has exhausted all appeal options, they must leave the country within 30 days.
7. Failure to depart within the specified timeframe results in the Cabinet Secretary ordering immediate removal of the person.

4. What Happens After Refugee Status is Revoked

Upon revocation, a person's refugee status officially terminates seven days after notification of the decision. Family members who previously derived their status from the person whose status was revoked can apply for independent status determination.

A person whose refugee status has been revoked must leave Kenya within 30 days. Failure to comply results in the Cabinet Secretary ordering their immediate removal from the country.

5. Rights After Refugee Status is Revoked

Family members of a person whose refugee status has been revoked retain the right to apply for refugee status . This ensures that family members are not automatically deprived of protection due to the revocation of a relative's status.