1. A presentation to RAB at Lake
Elementaita, Serena Camp on 28th
May
2015
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Presentation by Cecilia Kanyoni: Protection Officer DRA

2. TOPICS TO COVER
Key features of refugee protection
Institutions relevant in managing refugees
in Kenya
Introduction of important processes and
concepts as domesticated by the law
Presentation by Cecilia Kanyoni: Protection Officer DRA
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3. DEFINITION OF PROTECTION
All activities aimed at obtaining full respect for the rights of
the individual as expressed in international human rights,
humanitarian, and refugee law‘to protect life and health and
to ensure respect for the human being
Presentation by Cecilia Kanyoni: Protection Officer DRA
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4. INTRODUCTION
Kenya has been a host to refugees since independence. In
the 1990’s there was an influx of refugees and thus UNHCR
assisted the government in handling refugee matters as the
government was overwhelmed.
The refugees were handled by the immigration docket and
there was no specific national law to deal with them except
the 1951 UN Convention and its Protocol of 1967 and the
1969 OAU Convention
In December 2006 the president assented the Refugees Act
N0.13 of 2006 into law and it came into commencement in
15th
May 2007.
The Act provided for the establishment of Department Of
Refugees Affairs which is the department which handles
refugees matters in Kenya. (sec 6 of the Refugees Act)
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Presentation by Cecilia Kanyoni: Protection Officer DRA

5. KEY FEATURES OF REFUGEES
PROTECTION
Refugees like other kenyan citizens deserve protection.
The key features of protecting refugees are:-
Reception
Registration
RSD
Documentation
Other Protection features
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Presentation by Cecilia Kanyoni: Protection Officer DRA

6. RECEPTION
Sec 11 of the Refugees act 2006 provides for a duty to
an asylum seeker to make his intentions known on entry
into the country within 30 days and the said asylum
seeker shall be received by a refugee officer as per
Regulation 3 of the Refugees Act regulations
2009.
It is the duty of the refugee to present him/herself to the
government for registration.
Reception therefore is the process where the asylum
seeker presents himself to the government and makes his
intentions known as to why he is in the country.
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Presentation by Cecilia Kanyoni: Protection Officer DRA

7. REGISTRATION
Registration of refugees captures 2 components:
Bio data - captures physical attributes of the applicants
such as finger prints, passport photo, nationality, date of
birth of the person of concern among others.
Civil data - captures names, origin, residential,
marriage status, telephone numbers, permanent address,
employment, educational background among other data of
the person of concern.
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Presentation by Cecilia Kanyoni: Protection Officer DRA

8. DOCUMENTATION
Documentation serves an important protection function:
Legal status – ensures non-refoulement and prevents
harassment
One of DRA’s functions is to “issue refugee IDs and travel
documents.” (Sec. 7 (2) (j)) of the Refugees Act
2006.
Documentation is a right. (Section 14) Refugee
identification pass. (Section 15)
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Presentation by Cecilia Kanyoni: Protection Officer DRA

9. …..continued
TYPES OF DOCUMENTS ISSUED BY THE GOV’T
Refugee ID Card- valid for a period of 5 years.
Waiting card
Asylum seeker pass – valid for one year. Is proof of legal
status in Kenya.
Movement Pass – For travel outside designated areas.
Recognition letter – Issued after RSD.
Conventional Travel Document (CTD) – For travel
outside Kenya except back to their home country.
Pupil pass – Issued to refugee students.
Work permits – Class M.
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Presentation by Cecilia Kanyoni: Protection Officer DRA

10. INSTITUTIONS RELEVANT IN
MANAGING REFUGEES IN KENYA
Department of Refugee Affairs (DRA) – (Sec 6)
Refugee Appeals Board (RAB) – (Sec 9)
Refugee Affairs Committee (RAC) –(sec 8)
Others
 NCCK
 NRB
 Civil Registration Department (CRD)
 Department of Immigration
 CID
 Judiciary
 NGO’s and other stakeholders
10Presentation by Cecilia Kanyoni: Protection Officer DRA

11. REFUGEE STATUS DETERMINATION
(RSD)
Refugee Status Determination (RSD) is the formal
process through which asylum seekers go through to
determine if he should be granted refugee status by the
host country. RSD process is provided for under
Regulation 18-30 0f the Regulations of the
Refugees Act 2006, laws of Kenya.
It involves interviewing the applicant and assessing his
answers to determine if he qualifies for refugee status. If
the application is rejected then he can appeal to the RAB.
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Presentation by Cecilia Kanyoni: Protection Officer DRA

12. OTHER PROTECTION
FEATURES
The Department provides refugees with
recommendation letters that assist them to have
access to
• Business; Class M work permits
• Various education institutes
• CID good conduct
• Education;
• Medical;
• Employment;
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Presentation by Cecilia Kanyoni: Protection Officer DRA

13. INTRODUCTION OF IMPORTANT
PROCESS AND CONCEPTS AS
DOMESTICATED BY LAW
Prima facie status (sec 3 (2))
RSD
Non-Refoulement (sec 18)
Durable solutions: Voluntary repatriation,
resettlement and local integration (sec 7 (e))
Cessation (sec 5)
Exclusion, (sec 4)
Cancellation and Revocation (Sec 20)
Vulnerable groups protection and consideration (Sec
23)
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Presentation by Cecilia Kanyoni: Protection Officer DRA

14. SUMMARY….
HIGH COURT OF KENYA
Refugee Appeals Board (RAB)
Technical Advisory Committee (TAC)
(If recognized as a refugee the document given is a GoK
Recognition letter to later be given a Refugee ID Card)
REVIEW
ASSESSMENT
INTERVIEW
RECEPTION
(Document given is an Asylum seeker Pass )
Presentation by Cecilia Kanyoni: Protection Officer DRA
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15. THE END
THANK YOU
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Presentation by Cecilia Kanyoni: Protection Officer DRA