There is established a Department known as the Department of Refugee Services which shall be an office in the public service.

The Government shall ensure that the Department is comprised of relevant officers with the requisite expertise necessary to assist the Commissioner in the performance of his/her duties.

There shall be a Commissioner for Refugee Affairs whose office shall be an office in the Public Service and who shall be the head of the Department.

The Committee may when necessary co-opt any person to attend the meeting of the Committee and advise it on performance of its duties.

The quorum for a meeting of the Committee shall be five members excluding members under subsection (2).

Each member of the Committee shall have one vote but in case of a tie in votes, the Chairperson shall have a casting vote.

The chairperson shall convene at least four meetings in every year.

Except as expressly provided in this Act, the Committee shall regulate its own procedure as it deems fit.

There is established a committee to be known as a Refugee Status Appeals Committee.

The quorum for a meeting of the Appeals Committee shall be three members.

A member of the Appeals Committee shall hold office for a term of three years and shall be eligible for re-appointment for one further term.

Each member of the Appeals Committee shall have one vote but in case of a tie in votes, the Chairperson shall have a casting vote.

The Public Service Commission shall provide the Appeals Committee with a secretariat for the purposes of discharging its mandate.

The Appeals Committee may co-opt an officer of the United Nations High Commissioner for Refugees to advise the Committee in performance of its functions.

The Appeals Committee shall convene as and when appeals have been filed against decisions of the Commissioner and, save as expressly provided in this Act, regulate its own procedures.

A person who is aggrieved by the decision of the Appeals Committee may appeal to the High Court within thirty days of being notified.

An application for the grant of refugee status shall be made to the Commissioner either directly or through an authorized officer.

An authorized officer to whom any asylum seeker presents himself or herself shall refer that asylum seeker to the relevant authority.

The Commissioner shall, on receiving the application, invite the applicant to appear before him or her, to provide oral or documentary evidence in support of the claim for asylum.

The Applicant shall present his claim in person but retains the right to be accompanied by legal practitioner if he or she desires, provided that the expense for legal representation shall not be borne by the Department.

The decision of the Commissioner to grant or not to grant the application shall be notified to the applicant in writing and where the application is refused, the Commissioner shall give reasons for the refusal.

The Commissioner may delegate the function of conducting interviews to his or her staff within the Department who shall, upon finalization of the interview, forward the interview files to the Status Eligibility Panel for further review.

The Eligibility Panel shall, upon review, forward to the Commissioner recommendations to grant or not grant status on a case by case basis.

The Commissioner shall, on receiving an application for status, issue a temporary pass to the applicant pending the determination of the application.

The Commissioner shall make a determination for status application within ninety days from the date of receiving the application, provided that this time-line may be extended on reasonable cause depending on the circumstances of the cases.

There is established a Refugee Status Eligibility Panel whose function shall be to review recommendations made on refugee status determination.

The Eligibility Panel may, through the Commissioner co-opt representatives of the United Nations High Commissioner for Refugees or other agencies to provide technical advice.

The quorum for the Eligibility Panel shall be three persons and except as provided for in this Act, the Panel shall regulate its own procedures

A person aggrieved by the decision of the Commissioner under this Act may, within thirty days of receiving the decision, appeal in person or through his or her representative or through any other interested party to the Appeals Committee against the decision.

A person who is aggrieved by the decision of the Appeals Committee may appeal to the High Court within thirty days of being notified.

Where the High Court upholds the decision of the Commissioner against which an applicant had unsuccessfully appealed to the Appeals Committee, the Commissioner shall within sixty days of the ruling of the High Court notify the Director of Immigration of the decision, who shall thereafter deal with the applicant in accordance with written law on immigration.

For purposes of sub-section (3), where an unsuccessful applicant fails to file an appeal within the time set out in this Act and a court of competent jurisdiction has not issued any orders thereof, the Commissioner shall notify the Director of Immigration, within sixty days of his or her determination or ruling of the Appeals Committee, who shall thereafter deal with the applicant in accordance with written law on immigration.

No fee shall be charged for filing of applications and appeals under this section.

The Commissioner shall consider every case notified to a refugee under subsection (2) and may make any inquiry or investigation it thinks necessary into such case.

After considering all the evidence, the Commissioner based on a legal assessment of the case may cancel the recognition of the refugee concerned and notify the person together with reasons for the decision.

A person whose status has been cancelled and does not appeal or has exhausted the available appeal mechanisms, shall leave the country within thirty days, failure to which the Cabinet Secretary shall order his or her immediate removal.

Where refugee status under this part has been cancelled, that person shall cease to be a refugee and any member of his or her family with derivative status shall cease to be so recognised under this Act on the expiration of seven days after notification of cancellation of status by the Commissioner.

Provided that the family member whose derivative status is affected by the cancellation shall have the right to apply to be considered as a refugee under section 12 of this Act.

The Commissioner may revoke the status of any refugee if the refugee at any time after recognition as a refugee has committed a war crime or a crime against humanity, as defined in any international instrument to which Kenya is a party.

Where refugee status under this part has been revoked that person shall cease to be a refugee under this Act on the expiration of seven days after the date on which the Commissioner notifies the person concerned that his or her recognition has been revoked.

Where refugee status under this part has been revoked, every person who, immediately before such revocation, was within Kenya as a member of the family of such refugee shall have the right to apply to be considered as a refugee under section 12 of this Act.

The provisions of section 17(2), (3), (4) and (5) shall, with the necessary modifications, apply to the revocation of refugee status by the Commissioner.

Any person whose refugee status has been cancelled or revoked shall leave the country within thirty days of notification of the final order relating to the cancellation or revocation, failing which the Cabinet Secretary shall remove such person immediately.

Subject to section 29, the Cabinet Secretary may order the expulsion from Kenya of any refugee or member of his family if the Cabinet Secretary considers the expulsion to be necessary on the grounds of national security or public order.

Subject to subsection 19 (1) a refugee or an asylum seeker engaging in a conduct that is in breach or is likely to result in breach of public order or contrary to public morality under the law irrespective of whether the conduct is linked to his claim for asylum or not, may be expelled from the Kenya by an order of the Cabinet Secretary.

Before ordering the expulsion from Kenya of any refugee or member of his family in terms of this section, the Cabinet Secretary shall act in accordance with the due process of law.

The Commissioner shall ensure that specific measures are taken to ensure the dignity and safety of women and children seeking asylum and women and children who have been granted refugee status at all times during their stay in designated areas.

The Commissioner shall ensure that a child who is in need of refugee status or who is considered a refugee receives appropriate protection and assistance, whether accompanied or not by his parents or any other person.

The Commissioner shall, as far as possible, assist a child referred to in subsection (2) to trace the parents or other members of the family in order to obtain information necessary for the reunification of the child with his or her family.

Where the parents of the child or other members of the child's family cannot be found, the child shall be accorded the same protection as any child permanently or temporarily deprived of his or her family.

The Cabinet Secretary may, on application being made to him or her by the person concerned, extend the three-month period referred to in subsection (1)(c) if he or she is satisfied that there is a reasonable likelihood of the person being admitted to a country of his or her choice within such extended period.

A person who has submitted an application for refugee status in accordance with the Act shall be issued with a temporary pass valid for ninety days and it shall be evidence that the person has applied for refugee status in Kenya.

Every member of the family of the applicant shall also be issued with a similar document.

A temporary pass issued under this Act shall be renewed after the expiry of ninety days until all rights connected with or incidental to an application for refugee status have been exhausted.

A person who has submitted an application for refugee status shall be under obligation to abide by all the laws of Kenya including all the lawful orders given by the mandated institutions under this Act.

Any person entering Kenya to seek asylum shall make his or her intention known immediately upon entry or within thirty days by reporting to the nearest reception centre or the nearest government administrative office.

Where a person is lawfully in Kenya and is subsequently unable to return to his country of origin for any of the reasons specified in section 3, the person shall, prior to the expiration of his lawful stay, present himself before an appointed officer and apply for recognition as a refugee, in accordance with the provisions of this Act.

The Commissioner shall ensure availability of reception officers at designated entry points provided that where there are no designate reception officers, the immigration officers or other government officers stationed at the entry points shall act as reception officers.

If the reception officer who comes into contact with an asylum seeker is not an officer from the Department, the officer shall liaise with the Department for the necessary assistance or guidance.

Subject to subsection (2) asylum seekers may be temporarily accommodated at the reception holding areas as they await further processing by the Department.

Asylum seekers at transit centres shall be processed within a reasonable time.

Asylum seekers who enter the country through places, other than gazetted entry points, shall immediately report to the nearest government administrative office for further assistance.

The Cabinet Secretary may, by notice in the Gazette and in consultation with the relevant county governments, designate specific counties to host refugees.

The Cabinet Secretary may, by notice in the Gazette, designate places and areas in Kenya to be transit centres for purposes of temporarily accommodating refugees.

Subject to this Act, refugees shall be enabled to contribute to the economic and social development of Kenya by facilitating access to, and issuance of, the required documentation at both levels of Government.

Subject to the laws applicable and taking into special consideration the special circumstances of refugees, a refugee recognized under this Act shall have the right to engage individually or in a group, in gainful employment or enterprise or to practice a profession or trade where he holds qualifications recognized by competent authorities in Kenya.

A refugee and an asylum seeker shall have the right to identification and civil registration documents and such documents shall be sufficient to identify a refugee or asylum seeker for the purposes of access to rights and services under this Act and any other applicable law.

Without prejudice to the generality of the foregoing, and subject to the special circumstances of refugees, the Refugee Identity Card shall at a minimum have a similar status to the Foreign National Registration Certificate issued under section 56 (2) of the Kenya Citizenship and Immigration Act (Cap. 170) for the purposes of accessing the rights and fulfilling obligations under this law.

A person from a Partner State of the East African Community who has been recognised as a refugee under this Act may opt to voluntarily give up his or her refugee status for the purposes of enjoying any of the benefits due to him or her under the Treaty for the Establishment of the East African Community, the Protocol for the Establishment of the East African Community Common Market, and any other relevant written law.

The benefit of subsection 1 may not, however, be claimed by a refugee or asylum seeker whom there are reasonable grounds for him or her being regarded as a danger to the national security of Kenya.

The Commissioner may upon consideration of any special needs or conditions that may affect the refugee's protection and safety require any refugee within a designated area to move to or reside in any other designated area.

A refugee to whom an order has been made under this section; fails to comply with such an order shall be guilty of an offence under this Act.

The Commissioner shall appoint, from among officers within the Department, settlement officers to be in-charge of designated areas, reception, transit or residence areas for asylum seekers or refugees.

Every refugee or asylum seeker who wishes to change his or her place of residence shall notify the Commissioner in the prescribed manner.

Any refugee or asylum seeker residing outside a designated area at the commencement of this Act shall, as soon as is practicable after the commencement, notify the Commissioner in the prescribed manner of his or her situation and the Commissioner shall make such orders as may be necessary in the circumstances.

No person or body other than a person authorized by the Commissioner, a person employed by the Department, or a refugee shall enter a designated area except with the permission of the Commissioner.

A person seeking to enter a designated area shall make an application to the Commissioner in writing stating the reasons and time for such an application.

The Commissioner may, on an application, review a decision made under subsection (1) where any new circumstance is brought to his attention.

A person who contravenes the provisions of this section commits an offence and shall upon conviction be liable to a fine not exceeding two hundred thousand shillings or imprisonment for a term not exceeding five years or, to both.

The Commissioner shall, so far as is practicable, ensure that there is shared use of public institutions, facilities and spaces between the refugees and the host communities.

The Commissioner shall sensitize the host communities about the presence of refugees and any other matters relating to their co-existence with each other.

The Commissioner shall, in consultation with the Cabinet Secretary, establish measures for the handing over of amenities set up for the use of asylum seekers and refugees to national and county government authorities upon the departure of refugees from the place where the amenities had been set up for their use.

An asylum seeker or refugee shall have right at any time to return voluntarily to the country of his or her nationality or from which he entered Kenya and any action or omission intended to prevent or restrict an asylum seeker or refugee from voluntary repatriation except in the due process of the law is prohibited.

A refugee who leaves Kenya on voluntary repatriation or who ceases to be a refugee for any other cause shall surrender all travel documents, identity cards, permits or any other documents which the refugee acquired by virtue of being a refugee and may take with him or her any movable property which he or she lawfully owns provided the refugee complies with any existing laws relating to property.

A refugee residing in Kenya may access resettlement in any other country outside Kenya except their country of origin.

The Commissioner in liaison with the relevant government ministry shall seek for more resettlement quarters in addition to the ones allocated through other agencies.

The Department shall keep and maintain a register of all persons who have been granted refugee status and persons seeking asylum in Kenya.

The Department shall as soon as practicable after the coming into force of this Act update the register to take into account the matters provided for by this Act.

The Commissioner shall register and keep records of all asylum seekers and refugees present and the designated areas established in Kenya and for this purpose shall be deemed to be the Registrar of the asylum seekers and refugees provided that he or she may delegate this function in writing to a Settlement officer or refugee officer.

No person who receives information in contravention of sub section (1) shall disclose or publish the information.

A person who contravenes any provision of this section commits an offence and shall be liable on conviction to a fine not exceeding twenty thousand shillings or to imprisonment for a term not exceeding six months or both.

A person convicted of any of the offences set out in subsection (1) or any other offence under this Act whose penalty has not been prescribed, shall be liable, on conviction, to a fine not exceeding fifty thousand shillings or imprisonment for a term not exceeding six months, or both.

In this section—

"commencement day" means the date when this Act comes into operation;

"former Act" means the Refugees Act (Repealed).

"former Appeal Board" means the Appeal Board established under section 9 of the former Act.

"former Committee" means the Refugees Affairs Committee established under section 8 of the former Act.

On the commencement day, all rights, powers and liabilities, whether arising under any written law or otherwise which immediately before such day were vested in, imposed on or enforceable against the former Refugee Affairs Secretariat, Refugee Appeals Board and Refugee Affairs Committee shall be deemed to be vested, imposed or enforceable against the current Department for Refugee Services, Refugee Status Appeal Committee and Refugee Advisory Committee respectively.

Any reference in any written law or in any document or instrument to the former Refugee Affairs Secretariat, Refugee Appeals Board and Refugee Affairs Committee shall, on and after the commencement day, be construed to be a reference to the current Department for Refugee Services, Refugee Status Appeal Committee and Refugee Advisory Committee respectively.

The administrative directions made by the former Board, Committee or by the Cabinet Secretary which are in force immediately before the commencement day shall, on and after such day, have force as if they were directions made by the Refugee Status Appeals Committee, the Refugee Advisory Committee, the Commissioner or the Cabinet Secretary under this Act.

The members of the former Appeal Board shall continue in office until the expiry of their existing term and upon the expiry of their existing term, all the assets of the Appeal Board shall be handed over to the Commissioner for use by the Refugee Status Appeal Committee.

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.