ADVOKS GLOBAL · KENYA
Refugees Act
44. Regulations
Edition: 2022-12-31 · In force
44. Regulations
(1)The Cabinet Secretary shall, make regulations generally for giving effect to this Act, and for prescribing anything required or necessary to be prescribed by or under this Act within six months of the commencement of this Act.(2)Without prejudice to the generality of subsection (1), regulations made under that subsection may provide for—(a)the assignment to the Commissioner of functions relating to the investigation, inspection and supervision of the reception, treatment and welfare of refugees;(b)the procedure to be followed in applications for recognition of refugee status and the form in which such applications shall be made;(c)the procedure to be followed in the expulsion of refugees;(d)the form and issue of identification and travel documents to refugees and members of their families and the rights that attach to the respective documents;(e)the application of the refugee database;(f)the form and issue of identification documents to persons awaiting determination of their status;(g)the procedures and rights during refugee status interviews;(h)the control and regulation of persons who may be required to live within a designated place or area;(i)the control and regulation of persons exempted from living in designated areas;(j)the form of any order or notice required to be served on any person under this Act and the manner in which such order or notice may be served;(k)the protection of women, children, unaccompanied minors, persons with disabilities and other vulnerable groups;(l)the procedure to be followed in the application of cessation clauses, cancellation and revocation of refugee status;(m)the durable solutions for refugees;(n)the form and procedures during family re-unification of refugees;(o)the form and issue of exemption documents to be issued to persons exempted from residing in designated areas;(p)the Refugee Advisory Committee;(q)the Refugee Status Eligibility Panel;(r)the form and issue of the instrument of delegation for appointed officers;(s)the reception, settlement and re-integration of refuges and connected purposes;(t)the form and processes of appeals under this Act;(u)period of validity of documentation;(v)circumstances on limitation of rights granted to refugees; and(w)documentation to be provided to a recognised refugee.(3)For the purposes of Article 94 (6) of the Constitution—(a)the purpose and objective of the delegation under this section is to enable the Cabinet Secretary to make regulations for better carrying into effect the provisions of this Act;(b)the authority of the Cabinet Secretary to make regulations under this Act will be limited to bringing into effect the provisions of this Act and fulfilment of the objectives specified under this section.(4)The principles and standards applicable to the delegated power referred to under this Act are those found in—(i)the Statutory Instruments Act (Cap. 2A);(ii)the Interpretation and General Provisions Act (Cap. 2) ;(iii)the general rules of international law as specified under Article 2(5) of the Constitution; and(iv)any treaty and convention ratified by Kenya under Article 2(6) of the Constitution.