'While the Kenyan government has not yet addressed citizenship rights for refugees, it has shown signs of adopting more progressive refugee policies.'
A mother and her 10 children moved to a refugee camp in Kenya in March 2022 after drought ravaged her crops and livestock back in Somalia .
Many have lived in Kenya for over a decade, and many were born in the country. But Kenya's strict encampment policy, coupled with contradictory laws, means that refugees are kept in a perpetual limbo - never knowing life outside the camps and with limited options for meaningful integration or other durable solutions.
The only other avenue Hadija would be able to pursue in accordance with the Immigration Act would be to apply for a 'Class M' work permit, which would require her to find an employer willing to sponsor her and provide a detailed letter to the director of Immigration Services, among other things. This is something that is impossible to do when living in a camp.
These expanded rights bring promise. But they still remain limited in scope. For example, even though refugees can have their profession or practice recognised, their documents would need to be certified by the Kenyan National Qualifications Authority. This means the majority of refugees would only be able to live and work in and around Garissa and Turkana counties - two areas that are economically deprived and that currently lack sufficient investment.While the Shirika Plan continues to be developed, civil society groups are challenging inconsistencies in Kenya's laws to expand the rights of refugees and offer meaningful integration.
Prior to this, in 2016 and 2021, then-President Uhuru Kenyatta also granted the Makonde, Shona, and Warwanda communities - originally from Tanzania, Zimbabwe and Rwanda, respectively - citizenship after decades of being stateless. These examples of the government's generosity have put the country at the forefront of addressing statelessness.
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