New refugee regulations spell out restrictions, freedoms under Shirika Plan

Parliament has approved the new Refugee Regulations 2024, paving the way for the full implementation of the Refugee Act 2021 that guides the implementation of the government's Shirika Plan.

The Shirika Plan is the planned settlement of refugees in the communities in which they are hosted, that is in Turkana and Garissa counties where they will be allowed to contribute to the economic development.

The regulations spell out the details of the process of refugees' registration, designated areas of residence and movement, restrictions of persons entering a designated area and the process involved in seeking repatriation back home amongst others.

They state that an asylum seeker shall not be registered in Kenya if they have been granted asylum in another country, where they can be re-admitted and from which they are granted effective protection.

They note that where the actual age of an unaccompanied child cannot be ascertained by the child or the refugee officer, the refugee officer shall request that an age assessment be carried out in the prescribed manner by a certified medical practitioner.

The officer must also ensure that the child is not a victim of child trafficking.

It says the refugee shall be eligible to apply for a convention travel document in person which may be issued within 14 days in exceptional circumstances and within 90 days in regular occasions.

Refugees wait in a line at the resigtration centre in the Dadaab refugee camp on March 23, 2023. (Photo: Bobb Muriithi/AFP)

"Where the commissioner declines to approve the issuance of a conventional travel document under these Regulations, he shall, within 30 days of receipt of the application, provide reasons for his decision; a refusal shall not disqualify the refugee from applying again," the regulations note.

Validity of document

The travel document shall remain the property of Kenya and shall allow the refugee to travel from and return to Kenya during the validity of the document.

It shall be valid for two years and may be renewed upon expiring or when stolen. The renewal/replacement will have to be authorised by the commissioner or in the event that the refugee is outside Kenya, by the representative of the Republic of Kenya.

It shall however be withdrawn in the event that it was obtained through fraud, when national security reasons apply, when the holder ceases to be a refugee and when the holder uses it to travel to his country of nationality or former habitual residence.

This is because the regulations only allow the issuance of the document for medical reasons, education, employment, business, resettlement, family reunification or to attend religious or sporting events.

Under the regulations, refugees will be required to live in designated areas but will be exempted from moving from one designated area to another in the event of family reunion, medical grounds, education, employment, business, sports or aspects that would promote social and economic well-being.

"Where the Commissioner permits a registered refugee or asylum seeker to reside out of a designated area, the Commissioner shall issue the refugee or asylum seeker with an exemption letter," the regulations add.

In the event of voluntary repatriation, the refugees shall be informed of the documents to surrender within 14 of the application and the duration they have before they are mandated to leave the country.

The regulations also specify that a refugee can be expelled from the country on grounds of national security, public order or public morality, having exhausted the appeal process.

In this case, the Cabinet Secretary for Interior shall issue an order in writing to the individual whose refugee status has been terminated to leave the country.