In March 2026, Kenya's National Assembly passed a set of amendments to the Refugees Act that represent the most significant shift in refugee law in the country in over a decade. The amendments revise the encampment policy, expand work permit access, and introduce a formal review mechanism for rejected asylum claims.
Migration Pulse Hub submitted a comprehensive technical brief to the National Assembly prior to the vote, and our advocacy team engaged with three parliamentary committees during the review process. We welcome the amendments as a meaningful step forward — while noting important gaps that remain unaddressed.
What Changed
The most significant change is the partial dismantling of the encampment policy — which previously required all registered refugees to reside in designated camps. The amendments allow refugees with verified employment or educational enrolment to apply for an urban residency exemption.
Work permit access has been extended to all registered refugees — a change that brings Kenya closer into compliance with Article 17 of the 1951 Refugee Convention, which grants refugees the same right to wage-earning employment as nationals of another country.
What Remains Unaddressed
The amendments do not address stateless persons — a significant gap given that an estimated 18,000 people in Kenya are stateless and currently have no legal pathway to documentation or status regularisation. We continue to advocate for a dedicated statelessness determination procedure.
