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Jurisprudential Guides Notes
Jurisprudential Guides Notes
On
July 28, 2022, the Chairperson identified the following Refugee Appeal Division decision as being a
Jurisprudential Guide:
-
Decision TC1 05038 – The proper interpretation of the ‘generalized risk’ exception to protection found at subparagraph 97(1)(b)(ii) of the Act, in claims for protection involving allegations of gang-targeting or other acts of criminality.
On
December 22, 2020, the Chairperson identified the following Refugee Appeal Division decision as being a
Jurisprudential Guide.
-
Decision MB8-00025 – This Jurisprudential Guide addresses, in applying Article 1E of the Refugee Convention, whether members should consider allegations of risk in a country of residence if they conclude that a refugee claimant has the rights and obligations which are attached to the possession of nationality in that country.
On
July 6, 2018, the Chairperson identified the following Refugee Appeal Division decision as being a
Jurisprudential Guide.
-
Decision TB7-19851 – Nigeria – This Jurisprudential Guide addresses internal flight alternatives in major cities in south and central Nigeria for claimants fleeing non-state actors.
Revoked
The country documentation referenced in each of these decisions has been included in s.16 of the updated National Documentation Packages published on July 10, 2018.
On
July 20, 2017, the Chairperson identified the following Refugee Appeal Division decision as being
Jurisprudential Guides.
-
Decision TB7-01837 – Pakistan – Whether the treatment experienced by Ahmadis in Pakistan amounts to persecution, whether state protection is available and whether there is a viable internal flight alternative.
-
Decision MB6-01059/60 – India – Availability of an internal flight alternative in India for claimants from Punjab.
Revoked
-
Decision TB6-11632 – China – Analysis of the efficacy of the Chinese national computer network known as the Golden Shield Project and its impact on whether a person wanted by the authorities can exit China via an airport using a genuine passport.
Revoked
The country documentation referenced in each of these decisions has been included in s.16 of the updated National Documentation Packages published on July 20, 2017.
Back
31 March 2020
KENYA
List of Documents
1.
General Information and Maps
Source:
United Nations. Cartographic Section.
Date of Document:
December 2011
Accessed Date:
16 November 2012
Title:
Kenya. L'Encyclopédie en ligne.
Accessed Date:
22 December 2016
Title:
Kenya. The World Factbook.
Source:
United States. Central Intelligence Agency.
Date of Document:
22 January 2020
Accessed Date:
24 January 2020
Title:
Country Policy and Information Note. Kenya: Female genital mutilation (FGM). Version 1.0.
Source:
United Kingdom. Home Office.
Date of Document:
July 2017
Accessed Date:
5 January 2018
Title:
Kenya. L'aménagement linguistique dans le monde.
Source:
L'aménagement linguistique dans le monde.
Date of Document:
24 December 2015
Accessed Date:
22 December 2016
Title:
Country Policy and Information Note. Kenya: Sexual orientation and gender identity. Version 2.0e.
Source:
United Kingdom. Home Office.
Date of Document:
March 2017
Accessed Date:
5 January 2018
Title:
Country Policy and Information Note. Kenya: Background information, including actors of protection and internal relocation. Version 1.0.
Source:
United Kingdom. Home Office.
Date of Document:
February 2018
Accessed Date:
28 December 2018
Title:
Kenya. Country Reports on Human Rights Practices for 2019.
Source:
United States. Department of State.
Date of Document:
11 March 2020
Accessed Date:
20 March 2020
Title:
Kenya. World Report 2020: Events of 2019.
Source:
Human Rights Watch
Date of Document:
January 2020
Accessed Date:
20 January 2020
Title:
Kenya. Freedom in the World 2019.
Accessed Date:
19 December 2019
Title:
Concluding observations on the combined second to fifth periodic reports of Kenya
Source:
United Nations. Committee on Economic, Social and Cultural Rights.
Date of Document:
6 April 2016
Accessed Date:
22 December 2016
Title:
Kenya. Amnesty International Report 2017/2018: The State of the World's Human Rights.
Source:
Amnesty International
Date of Document:
22 February 2018
Accessed Date:
28 December 2018
Title:
A Report on Gender Audit of the Situation of Women & other Vulnerable Human Rights Defenders in Kenya
Source:
Kenya National Commission on Human Rights
Accessed Date:
5 January 2018
Title:
Securing National Security and Protection of Human Rights. A Comparative Analysis of the Efficacy of Counter Terrorism.
Source:
Kenya National Commission on Human Rights
Accessed Date:
5 January 2018
3.
Identification Documents and Citizenship
Title:
Kenya. U.S. Visa: Reciprocity and Civil Documents by Country.
Source:
United States. Department of State.
Accessed Date:
19 December 2019
Title:
Citizenship. Constitution of Kenya.
Accessed Date:
16 November 2012
Keywords:
children; citizenship; identity documents; legislation; marriage
Title:
Requirements and procedures for the spouse of a Kenyan citizen to obtain citizenship; whether someone who lived in Kenya and was married to a Kenyan citizen for over seven years, but whose spouse died, has the rights to Kenyan citizenship
Source:
Immigration and Refugee Board of Canada
Date of Document:
8 August 2012
Accessed Date:
8 January 2013
Keywords:
citizenship; identity documents; legislation; marriage
Title:
Kenya Citizenship and Immigration Act, No. 12 of 2011. Revised Edition 2016 [2015].
Accessed Date:
22 January 2018
Title:
Situation of individuals who obtained refugee status before the Refugees Act of 2006 came into effect and who have an expired Alien Certificate; requirements and procedures to renew an expired Alien Certificate
Source:
Immigration and Refugee Board of Canada
Date of Document:
23 September 2015
Accessed Date:
3 December 2015
Keywords:
identity documents; legislation
Title:
The Kenya Citizenship and Immigration Act, 2011 - Extension of Time, Kenya Gazette Supplement No. 169, Legal Notice No. 178.
Accessed Date:
23 January 2017
Title:
Ability of refugees with a refugee identity card to travel outside Kenya; whether such travel affects refugee status or card renewal; ability to reinstate status (2011-October 2016)
Source:
Immigration and Refugee Board of Canada
Date of Document:
7 November 2016
Accessed Date:
22 March 2017
Title:
Recognising Nairobi's Refugees: The Challenges and Significance of Documentation Proving Identity and Status
Source:
Norwegian Refugee Council; International Human Rights Clinic at Harvard Law School
Date of Document:
November 2017
Accessed Date:
22 January 2018
Title:
Kenya. Statelessness and Citizenship in the East African Community.
Source:
United Nations. High Commissioner for Refugees.
Date of Document:
September 2018
Accessed Date:
23 January 2019
4.
Political Activities and Organizations
Title:
I. Political Transformation. Transformation Index 2018 Country Report: Kenya.
Source:
Bertelsmann Stiftung
Accessed Date:
28 December 2018
Title:
Kenya – 2017 elections: Broken promises put human rights defenders at risk
Source:
World Organisation Against Torture; International Federation for Human Rights
Date of Document:
May 2017
Accessed Date:
5 January 2018
Title:
Final Report. Republic of Kenya General Elections 2017.
Source:
European Union Election Observation Mission
Date of Document:
January 2018
Accessed Date:
22 January 2018
Title:
Republic of Kenya. Election for President of 26 October 2017.
Source:
International Foundation for Electoral Systems. Election Guide.
Accessed Date:
19 December 2019
Title:
Kenya: Fresh Evidence of Election-Period Abuses
Source:
Human Rights Watch
Date of Document:
25 February 2018
Accessed Date:
23 January 2019
Title:
Republic of Kenya. Election for Kenyan Senate of 8 Aug 2017.
Source:
International Foundation for Electoral Systems. Election Guide.
Accessed Date:
19 December 2019
Title:
Republic of Kenya. Election for Kenyan National Assembly of 8 August 2017.
Source:
International Foundation for Electoral Systems. Election Guide.
Accessed Date:
19 December 2019
5.
Gender, Domestic Violence and Children
Title:
Protection Against Domestic Violence Act
Accessed Date:
5 January 2018
Title:
Kenya.Social Institutions and Gender Index 2019.
Source:
Organisation for Economic Co-operation and Development
Date of Document:
7 December 2018
Accessed Date:
11 December 2019
Title:
FGM in Kenya. Country Profile Update.
Date of Document:
December 2016
Accessed Date:
23 January 2017
Title:
A Gender Analysis of the 2017 Kenya General Elections
Source:
National Democratic Institute and Federation of Women Lawyers Kenya
Date of Document:
28 February 2018
Accessed Date:
19 December 2019
Title:
Treatment of single or divorced women who are living alone, including access to housing and employment in Nairobi; availability of social services offered by government and civil society (2013-January 2014)
Source:
Immigration and Refugee Board of Canada
Date of Document:
29 January 2014
Accessed Date:
19 December 2014
Keywords:
domestic violence; ethnic and national groups; extralegal executions/killings; family law; female genital mutilation; gender equality; gender-based violence; judicial efficacy; labour; legislation; marriage; police corruption; sexual violence; social services; torture
Title:
Women's and widows' inheritance rights in civil and customary law, including among the Bukusu ethnic group; prevalence of levirate marriage, including among the Bukusu ethnic group; consequences and state protection available for women who refuse...
Source:
Immigration and Refugee Board of Canada
Date of Document:
29 January 2014
Accessed Date:
23 December 2014
Keywords:
ethnic and national groups; family law; gender equality; legislation; marriage
Title:
Concluding observations on the eighth periodic report of Kenya
Source:
United Nations. Committee on the Elimination of Discrimination against Women.
Date of Document:
17 November 2017
Accessed Date:
22 January 2018
Title:
Consideration of reports submitted by States parties under article 18 of the Convention. Eighth periodic report of States parties due in 2015. Kenya.
Date of Document:
1 June 2016
Accessed Date:
29 December 2016
Title:
Education Under Attack 2018 - Kenya
Source:
Global Coalition to Protect Education from Attack
Date of Document:
11 May 2018
Accessed Date:
20 December 2019
Title:
Kenya: The Law and FMG
Date of Document:
May 2018
Accessed Date:
28 December 2018
Title:
“They Were Men in Uniform”: Sexual Violence against Women and Girls in Kenya's 2017 Elections
Source:
Human Rights Watch
Date of Document:
14 December 2017
Accessed Date:
5 January 2018
Title:
Kenya. State Sponsored Homophobia 2019.
Source:
International Lesbian, Gay, Bisexual, Trans and Intersex Association
Date of Document:
March 2019
Author:
Lucas Ramón Mendos
Accessed Date:
20 December 2019
Title:
Kenya – LGBT+ Human Rights Defenders: Towards Decriminalisation. 'To Them, We're Not Even Human': Marginalised Human Rights Defenders in Uganda, Kenya, and Tanzania.
Date of Document:
December 2018
Accessed Date:
20 December 2019
Title:
Kenya. Stonewall Global Workplace Briefings 2018.
Accessed Date:
23 December 2019
Title:
Kenya: Court Finds Forced Anal Exams Unconstitutional
Source:
Human Rights Watch
Date of Document:
22 March 2018
Accessed Date:
28 December 2018
Title:
Research on The Lived Experiences of Lesbian, Bisexual and Queer Women in Kenya
Source:
Gay and Lesbian Coalition of Kenya et al.
Date of Document:
February 2016
Accessed Date:
23 January 2017
7.
Criminality and Corruption
Source:
Stanford University. Mapping Militant Organizations.
Date of Document:
January 2019
Accessed Date:
23 December 2019
Source:
Council on Foreign Relations
Date of Document:
10 January 2020
Author:
Claire Felter et al.
Accessed Date:
21 January 2020
Title:
Kenya: Tier 2. 2019 Trafficking in Persons Report.
Source:
United States. Department of State.
Date of Document:
20 June 2019
Accessed Date:
23 December 2019
Title:
Kenya. The East African Bribery Index 2017.
Source:
Transparency International Kenya et al.
Accessed Date:
5 January 2018
Title:
Al-Shabaab. Country Reports on Terrorism 2018.
Source:
United States. Department of State.
Date of Document:
October 2019
Accessed Date:
23 December 2019
Title:
The Sungu Sungu group, including activities and areas of operation; actions taken by authorities against the group; state protection available to victims (2010-2013)
Source:
Immigration and Refugee Board of Canada
Date of Document:
18 November 2013
Accessed Date:
29 November 2013
Keywords:
corruption; crime; gangs; government corruption; institutional efficacy; judicial corruption; judicial efficacy; police corruption; police efficacy
Title:
Al-Shabaab Five Years after Westgate: Still a Menace in East Africa. Africa Report N°265.
Source:
International Crisis Group
Date of Document:
21 September 2018
Accessed Date:
23 January 2019
Title:
Kenya. Country Reports on Terrorism 2018.
Source:
United States. Department of State.
Date of Document:
October 2019
Accessed Date:
23 December 2019
Title:
Kenya. 2019 Crime and Safety Report.
Source:
United States. Overseas Security Advisory Council.
Date of Document:
14 March 2019
Accessed Date:
23 December 2019
Title:
The Mungiki group, including organizational structure, leadership, membership, recruitment and activities; the relationship between the government and the group, including protection offered to its victims (2016-April 2018)
Source:
Immigration and Refugee Board of Canada
Date of Document:
16 April 2018
Accessed Date:
24 January 2019
8.
Military Service - (No items in this section)
9.
Judiciary, Legal and Penal Systems
Title:
Kenya's scorecard on security and justice: Broken promises and unfinished business
Source:
International Federation for Human Rights; Kenya Human Rights Commission
Date of Document:
July 2017
Accessed Date:
5 January 2018
Title:
Types of affidavits used, including difference between court-issued and notary-issued affidavits; requirements and procedures for the issuance of affidavits; availability of fraudulent affidavits (2014-July 2016)
Source:
Immigration and Refugee Board of Canada
Date of Document:
10 August 2016
Accessed Date:
15 March 2017
Title:
Third periodic report submitted by Kenya under article 19 of the Convention pursuant to the optional reporting procedure, due in 2017
Date of Document:
26 December 2018
Accessed Date:
23 January 2019
10.
Police and Security Forces
Title:
State of Privacy Kenya
Source:
Privacy International; National Coalition of Human Rights Defenders-Kenya
Date of Document:
January 2019
Accessed Date:
23 December 2019
Title:
Track, Capture, Kill: Inside Communications Surveillance and Counterterrorism In Kenya
Source:
Privacy International
Date of Document:
15 March 2017
Accessed Date:
22 January 2018
Title:
The Threat of Al-Shabaab in Kenya: The Kenyan Government's Counterterrorism Approach
Source:
United Kingdom. Commonwealth Parliamentary Association.
Date of Document:
January 2019
Author:
Yashasvi Chandra; Felicity Herrmann
Accessed Date:
23 December 2019
Title:
Chapter 4: Performance in Mandate Areas. End-Term Board Report 2012 - 2018.
Source:
Kenya. Independent Policing Oversight Authority.
Date of Document:
May 2018
Accessed Date:
23 January 2019
Title:
Kenya: Nairobi Police Executing Suspects
Source:
Human Rights Watch
Date of Document:
2 July 2019
Accessed Date:
23 December 2019
Title:
“They Just Want to Silence Us”: Abuses Against Environmental Activists at Kenya's Coast Region
Source:
Human Rights Watch; The National Coalition of Human Rights Defenders - Kenya
Date of Document:
December 2018
Accessed Date:
23 December 2019
Title:
Kenya: High Court Declares Penal Code Provision on Criminal Defamation Unconstitutional
Source:
United States. Library of Congress. Global Legal Monitor.
Date of Document:
14 February 2017
Accessed Date:
5 January 2018
Title:
Kenya: Violations of Media Freedom. May 2017 – April 2018.
Accessed Date:
23 December 2019
Title:
Kenya. Freedom on the Net 2019.
Accessed Date:
23 December 2019
Title:
Kenya: Assessing Digital Participation
Source:
Deutsche Welle Akademie
Date of Document:
February 2019
Editor:
Matthew Moore; Deanne Corbett
Accessed Date:
3 January 2020
Title:
Kenya. International Religious Freedom Report for 2018.
Source:
United States. Department of State.
Date of Document:
21 June 2019
Accessed Date:
3 January 2020
13.
Nationality, Ethnicity and Race
Title:
Kenya. The Indigenous World 2019.
Source:
International Work Group for Indigenous Affairs
Date of Document:
21 March 2019
Accessed Date:
3 January 2020
Title:
The Kalenjin Raiders, including extent of control and influence, particularly in Nairobi; treatment of members of the Kalenjin ethnic group that did not support the Raiders between 2006 and 2008; availability of state protection (2013-November 2014)
Source:
Immigration and Refugee Board of Canada
Date of Document:
17 November 2014
Accessed Date:
3 December 2015
Title:
Footprints of Peace. Consolidating National Cohesion in a Devolved Kenya 2014 – 2018.
Source:
National Cohesion and Integration Commission
Accessed Date:
3 January 2020
Title:
Concluding observations on the fifth to seventh periodic reports of Kenya
Source:
United Nations. Committee on the Elimination of Racial Discrimination.
Date of Document:
8 June 2017
Accessed Date:
5 January 2018
Title:
The National Cohesion and Peace Building Bill, 2018
Accessed Date:
3 January 2020
14.
Exit/Entry and Freedom of Movement
Title:
Rights and obligations conferred on an individual who has been recognized as a refugee, including the requirements and process for obtaining permanent residence for this individual; rights and obligations of an individual who possesses an...
Source:
Immigration and Refugee Board of Canada
Date of Document:
20 February 2015
Accessed Date:
17 December 2015
Keywords:
citizenship; freedom of movement; identity documents; legal system; legislation; nationality; social services
Title:
Exit controls at airports, including whether border officials check for police or criminal records (2013-December 2014)
Source:
Immigration and Refugee Board of Canada
Date of Document:
15 December 2014
Accessed Date:
11 December 2015
Keywords:
identity documents; legislation; transport infrastructure
Title:
Accessibility of postal services for undocumented migrants, particularly from Somalia (2016-September 2018)
Source:
Immigration and Refugee Board of Canada
Date of Document:
21 September 2018
Accessed Date:
24 January 2019
15.
Labour, Employment and Unions - (No items in this section)
16.
Other - (No items in this section)
The following changes have been made to the previous package dated 31 January 2020:
Title:
Kenya. Country Reports on Human Rights Practices for 2018.
Source:
United States. Department of State.
Date of Document:
13 March 2019
URL:
https://www.state.gov/reports/2018-country-reports-on-human-rights-practices/kenya/
Accessed Date:
20 March 2019
Disclaimer
National Documentation Packages (NDPs) include country-of-origin information that is publicly accessible at the time of publication and available within time constraints. While the Research Directorate strives to maintain the
NDP with current information, the research is not exhaustive and country conditions can change rapidly. Members of the public are invited to
suggest documents they feel are relevant to the
NDP.
NDPs are not, and do not purport to be, conclusive as to the merit of any particular claim for refugee protection. Rather, they are intended to support the refugee determination process. The assessment and weight to be given to the information in the
NDPs are the responsibility of independent
IRB members (decision-makers) after considering the evidence and arguments presented by the parties.
All sources are fully cited, including a hyperlink, to facilitate the location of the information. The
IRB will attempt to ensure that these links are maintained for the most recent
NDP. It cannot guarantee or be responsible for:
- the functionality of links to external sources,
- the content accessed by these links,
- the availability of external content in both English and French,
- any other part of a third party website.
The information presented in
NDPs solely reflects the views and perspectives of the sources cited and does not necessarily reflect the position of the
IRB or the Government of Canada.