Implementation of International Refugee Law: the Case of Kenya

Abstract

This study examines how international refugee law is implemented in Kenya. It further examines the challenges faced in the implementation of international refugee law and how the state handles those challenges. As such it seeks to answer the questions: To what extent has Kenya been guided by the provisions of international conventions on refugees in handling refugee issues? What policies have been put in place to address the refugee situation in the country and to what extent do they conform to international refugee law? To what extent do security concerns affect the implementation of international refugee law? The findings of the study are based on documentary sources, field survey and observation. The study uses two theoretical approaches: liberal-idealism and realism. The central assumptions of the study are that implementation of international refugee law in the national setting is anathema in the absence of corresponding municipal legislation, and that a state security concerns jeopardize the protection of refugee rights. The major findings of the study are first, the way Kenya handles refugees is determined by security concerns. Second, there are numerous obstacles faced in attempts to meet the minimum set standards in implementation of international refugee law in Kenya. These include insufficient resources such as lack of trained manpower, the unprecedented continued influx of refugees as well as lack of viability of durable solutions due to continued conflicts in the principal source countries of refugees in the region, inadequate legislation, lack of comprehensive policy, among other problems. Third, although Kenya plays its part as a responsible member of the international community by giving asylum to hundreds of thousands of refugees, there exist cases of flagrant violations of international refugee law