ADVOKS GLOBAL · KENYA
Refugees Act
2. Interpretation
Edition: 2022-12-31 · In force
2. Interpretation
In this Act, unless the context otherwise requires—"Appeal Committee" means the Refugee Status Appeals Committee established under section 11 of this Act;"asylum" means the protection granted to a person in Kenya who is outside his or her country of nationality or habitual residence, who is fleeing persecution or serious harm or for other reasons;"asylum seeker" means a person seeking protection in Kenya in accordance with the provisions of this Act but whose application has not been determined;"authorized officer" includes the Commissioner for Refugees Affairs, refugee officer, a settlement or immigration officer or any other officer assigned such responsibility;"Cabinet Secretary" means the Cabinet Secretary responsible for matters relating to refugee affairs;"Commissioner" means the Commissioner for Refugee Affairs appointed under section 8;"Committee" means the Refugee Advisory Committee established under section 11 of the Act;"country of nationality" in relation to a person who has more than one nationality, means each of the countries of which that person is a national;"Department" means the Department of Refugees Services established under section 7;"designated area" means any reception area, transit point or settlement area as may be declared by the Cabinet Secretary;"durable solutions" means voluntary repatriation to the country of origin, local integration in the country of asylum or resettlement to a third country;"Eligibility Panel" means the Refugee Status Eligibility Panel established under section 13;"essential services" means services that meet the immediate needs of refugees and asylum seekers and include food, shelter, education, health, water and sanitation services;"local integration" means the gradual process through which refugees are incorporated into the society through a process that ensures that refugees attain broader rights, have improved standards of living and positively contribute to the social life of the host country;"members of family of a refugee", in relation to a refugee means—(a)any spouse of the refugee;(b)any child of the refugee, including an adopted child under the age of eighteen;(c)a person who is related to the refugee by blood or marriage and who is dependent upon the refugee; and(d)any other dependent living in the same household as the refugee and who is dependent on the refugee."minor" means a person below the age of eighteen years;"non-citizen" means any person who is not a citizen of Kenya;"OAU Convention" means the Organization of Africa Unity Convention Governing the Specific Aspects of Refugee Problems in Africa, adopted in Addis Ababa on 10th September, 1969 and ratified by Kenya on 28th December, 1987;"protocol" means the Protocol relating to the Status of Refugees, adopted in New York on 31st January 1967 and acceded to by Kenya on 13th November 1981;"prima facie refugee status" means a declaration of refugee status by the Cabinet Secretary as provided for under this Act;"reception area" means an area or premises designated for the reception and processing of asylum seekers and includes an area or premises where registration and status determination are undertaken;"refugee officer" means an officer responsible for refugee matters under this Act and answerable to the Commissioner;"refugee", has the meaning assigned to it under section 3 of this Act and includes an asylum seeker;"separated child" means a child who has been separated from both parents, or other relatives or by an adult who by law or custom is responsible for being the care giver;"settlement officer" means a person appointed to be in charge of a designated area;"spouse" includes a customary law or common law spouse;"transit centre" means areas designated by the Cabinet Secretary for the purposes of temporarily accommodating persons covered under this Act pending transfer to the designated areas, reception centres, settlement centres or pending repatriation and resettlement or pending health or security screening and includes a prison, immigration detention centre, police station, remand home or any other similar place that may be designated as a transit centre;"unaccompanied minor" means a minor who is separated from both parents and other relatives and is not being cared for by an adult who, by law or custom, is responsible for doing so; and"United Nations Convention" means the United Nations Convention relating to the Status of Refugees, adopted in Geneva on 28th July, 1951 and acceded to by Kenya on 16th May, 1966.