ADVOKS GLOBAL · KENYA
Refugees Act
3. Meaning of "refugee"
Edition: 2022-12-31 · In force
3. Meaning of "refugee"
(1)A person shall be a refugee for the purposes of this Act if such person—(a)being outside of his or her country of nationality and owing to a well-founded fear of being persecuted for reasons of race, religion, nationality, membership of a particular social group or political opinion who is in Kenya and is unable or, owing to such fear, is unwilling to avail himself or herself of the protection of his or country of nationality or the country of habitual residence;(b)not having a nationality and being outside the country of his or her former habitual residence owing to a well-founded fear of being persecuted for reasons of race, religion, nationality, membership of a particular social group or political opinion, who is in Kenya and is unable or, owing to such fear, unwilling to return to the country of his or her habitual residence;(c)owing to external aggression, occupation, foreign domination or events seriously disturbing public order in either part or whole of his or her country of origin or nationality is compelled to leave his or her place of habitual residence in order to seek refuge in another place outside his or her country of origin or nationality; or(d)the person is a member of a class of persons declared under subsection (2) to be refugees.(2)Subject to sub-section (1), if the Cabinet Secretary, on recommendation from the Committee considers that any class of persons are prima facie refugees as defined in subsection (1)(a),(b),(c) or (d) the Cabinet Secretary may, through the Gazette, declare such class of persons to be prima facie refugees and may at any time amend or revoke such declaration,Provided that no such amendment or revocation shall affect the right of any person—(i)who is a member of the class of persons concerned and who entered Kenya before the date of such amendment or revocation, to continue to be regarded as a refugee for the purposes of this Act; or(ii)who is a person referred to in subsection (1) (d), to be recognized as a refugee for the purposes of this Act.