Removing Red Tape to Get Kenya’s Refugee Act Right

To the Government of Kenya’s Department of Refugee Affairs: 

• Collaborate with the Kenya National Registration Bureau to ensure data interoperability between the refugee registration and the Bureau’s data. The current data discrepancy prevents many refugees from accessing Kenya’s government’s online services through the E-Citizen platform. 

• Establish a single unified ID instead of the current arrangement of refugees seeking movement passes to travel across the country to ease refugees’ freedom of movement. 

• Partner with donors to identify, engage, support, and strengthen the capacity of refugee-led organizations, from registration to direct service delivery. 

• Create the Refugee Engagement Forum to work with the Department on implementing refugee law. The forum should represent Kenya’s refugee diversity, ensure gender balance, and address specific needs. Its establishment must meet the public participation requirements outlined in Article 10(2)(a) of the Kenyan Constitution. 

To the Government of Kenya’s Ministry of Interior and National Administration: 

• Waive excessive job requirements for refugees, including those applied to expatriates. Remove questions 18 and 19 of the Class M permit application, which force employers to confirm that no Kenyan citizen possesses the skills for which a refugee is hired.

• Ensure the number of refugees issued with Class M work permits is published through the Directorate of Immigration Services. 

• Develop a new framework for registering refugee-led organizations. The current requirements are too burdensome, forcing some RLOs to operate informally and preventing them from applying for external funding. 

• Direct the Cabinet Secretary of Interior and National Administration to establish the Refugee Status Appeals Committee, as authorized by the law. This committee should hear cases of refugees seeking to remain in urban areas instead of relocating to camps. 

To UNHCR and Other Humanitarian Agencies: 

• Integrate refugee-led organizations into the humanitarian system, including working groups and clusters. Their voices, concerns, and ideas must be part of planning and coordination. 

• Ensure data protection and privacy protocols are shared with Kenyan authorities during data interoperability. This safeguard is essential for refugees, particularly those who fled due to political involvement in their home countries. 

To the World Bank and Donors: 

• Assess the economic costs of integrating refugees into Kenya to support effective planning. Refugee camps are in historically marginalized regions, and subnational governments need accurate data to include refugees in their economic plans. 

• Launch a coordinated public information campaign for Kenya Urban Support Program II, a World Bank initiative supporting the transition of refugee camps into integrated settlements. The campaign should target refugees through community radio stations and RLOs, as awareness of the program remains low. 

• Establish and actively engage Refugee Engagement Forums to ensure refugee input in World Bank projects. These forums should help shape the Refugee Policy Review Framework (RPRF) and protection assessments. 

• Shift from short-term, project-based funding to a flexible, long-term funding approach for RLOs. Decentralize decision-making to the communities RLOs serve. Funding should support locally driven, culturally relevant initiatives that offer sustainable solutions.