III.3.4.2 Kenya

Legislation

  1. The Refugees Act 2006
  2. The Aliens Restriction Act, cap 173, S.3 (2); rule 6(1)
  3. The Constitution of Kenya (Revised Edition), 1998, Chapter V on Fundamental Rights and Freedoms of the Individual, Sections 70–84
  4. The Immigration Act, cap 172, S. 5 and Schedule on Work Permits (class M); S.6 (3).

UNHCR Documents

  1. UNHCR, UNHCR intervention before the High Court of Kenya in the case of Kituo Cha Sheria and others v. The Attorney General 

In the matter of the contravention of fundamental rights and freedoms under Articles 2, 3, 10, 20, 21, 27, 28, 29, 36, 39 and 259, of the Constitution of the Republic of Kenya 2010, and in the matter of Articles 22, 23 and 258 of the Constitution of the Republic of Kenya 2010 and in the matter of the Refugees Act and in the matter of the intention of the Government of Kenya to move all refugees residing in urban areas to the Dadaab and Kakuma Refugee Camps with effect from 21.01.2013, in the High Court of Kenya at Nairobi, Constitutional and Human Rights Division, 12 March 2013, Petition No. 115 of 2013,– concerning the right to seek and enjoy asylum; the principle of non-refoulement; rights of residence and freedom of movement; urban refugee policy in the context of forced relocation (to camps) of asylum-seekers and refugees.

Readings

Core

  1. E. Odhiambo-Abuya, ‘Legislating to Protect Refugees and Asylum Seekers in Kenya: A Note to the Legislator’, Research Paper Series, vol. 1, (2004).
  2. G. Verdirame, ‘Human Rights and Refugees: The Case of Kenya’, Journal of Refugee Studies, vol. 12, no. 1 (1999), pp. 54–77.

Extended

  1. E. Odhiambo-Abuya, ‘Refugee Status Imtaxaan in Kenya: An Empirical Survey’, Journal of African Law, vol. 48, no. 2 (2004), pp. 187–206.
  2. E. Odhiambo-Abuya, ‘Refugees and Their Interpreters: Lessons from the Kenyan Experience’, Australasian Review of African Studies, vol. 25 (2004), pp. 66–76.
  3. J. Crisp, ‘A State of Insecurity: The Political Economy of Violence in Refugee-populated Areas of Kenya’, African Affairs, vol. 99 (2000), pp. 601–632.
  4. J. Crisp, ‘A State of Insecurity: The Political Economy of Violence in Refugee-Populated Areas of Kenya’, New Issues in Refugee Research, Working Paper No. 6.
  5. P. G. Opata and S.M. Singo, ‘The Economics of Displacement: A Study of the Changing Gender Roles, Relations and its Impact on the Livelihood and Empowerments of Women Refugees in Kenya Camps’, Centre for Refugee Studies, Moi University, Occasional Paper Series, no. 5 (2005).
  6. J. Hyndman and B.V. Nylund, ‘UNHCR and the Status of Prima Facie Refugees in Kenya’, International Journal of Refugee Law, vol. 10, nos. 1–2 (1998), pp. 21–48.