Asylum in Kenya: registration, refugee status determination and appeals

The Refugees Act 2021 defines a refugee as a person outside their country of nationality owing to a well-founded fear of persecution for reasons of race, religion, sex, nationality, membership of a particular social group or political opinion. The Department of Refugee Services, a statutory body under the Act, receives and registers refugees and asylum seekers and issues their documents. As of 30 June 2026 it reported about 857,000 refugees and asylum seekers in Kenya, most in the Dadaab and Kakuma camps.

Claims are made inside Kenya. Asylum seekers must report to a DRS office within 30 days of arrival; UNHCR adds that a person already lawfully in Kenya who becomes unable to return should register before their permitted stay ends. Registration takes place in Kakuma and Dadaab camps and at DRS offices in Nairobi, Mombasa, Nakuru and Eldoret.

At registration the asylum seeker undergoes medical and security screening, signs a data consent form, is interviewed by a DRS officer and gives biometrics (photographs, fingerprints and iris scans). Bring passports, any national ID or civil documents, marriage, divorce, birth or death certificates and proof of earlier asylum registration, and come with all family members who are in Kenya. DRS then issues a proof of registration and, depending on the location, an asylum seeker pass.

Next comes the refugee status determination (RSD) interview, usually first come, first served, with priority for vulnerable applicants. An interpreter can be provided and the information is confidential; applicants may be accompanied by a legal representative if they inform the authorities. The claim is assessed, reviewed and endorsed by the Commissioner for Refugee Affairs, who issues a recognition or rejection letter. UNHCR notes that a decision takes at least several months and often longer because of backlogs; in Nairobi, appointment slips are valid for six months and must be renewed while waiting.

Registered asylum seekers and recognised refugees are protected against forcible return, and no proceedings should be brought against a person for unlawful presence once a genuine asylum application has been made. The Act gives refugees and asylum seekers the right to identification and civil registration documents, including the refugee identity card, asylum seeker pass, Convention travel document and movement pass. By law, asylum seekers and refugees live in the designated camps; living elsewhere requires permission from the Commissioner for Refugee Affairs, applied for online, and travel outside the camps needs a movement pass. Breaches can lead to up to six months in prison or a fine of up to KES 20,000.

Recognised refugees can obtain a Class M work permit free of charge with a valid refugee certificate and recognition letter. Services from UNHCR and its partners, including registration, are free.

A recognised refugee receives a recognition letter valid for one year and can apply for a refugee identity card, valid for five years and renewable; DRS says the card should not take more than two months to produce. A rejection letter states the reasons. The applicant may appeal within 30 days to the appeals body (the DRS website names it the Refugee Appeals Board, UNHCR the Refugee Appeals Committee), using the appeal form issued with the decision. If that appeal fails, a further appeal lies to the High Court within 30 days. UNHCR and the Refugee Consortium of Kenya can advise on legal assistance.

The UNHCR helpline 1517 is free and open 24 hours a day, every day. The Department of Refugee Services head office is at The Corporate Place, Kiambere Road, Upper Hill, Nairobi (telephone +254 20 440 5057, info@refugee.go.ke). Arrested asylum seekers or refugees should inform DRS immediately. Asylum seekers are also exempt from Kenya's mandatory inbound travel health insurance requirement.