Kenya: 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
Information regarding the situation of individuals in Kenya who obtained refugee status before the Refugees Act of 2006 came into effect and who have an expired Alien Certificate was scarce among the sources consulted by the Research Directorate within the time constraints of this Response.
1. Situation of Individuals Holding Alien Certificates
In correspondence with the Research Directorate, a representative of the Danish Refugee Council (DRC), a humanitarian non-profit NGO that provides assistance to refugees and internally displaced people in conflict areas around the world (DRC n.d.), stated that alien certificates were issued before the 2006 Refugees Act came into effect (ibid. 11 Feb. 2015). According to the representative,
[b]efore then, refugees used to receive documentation from the Immigration Department under the former Ministry of Immigration and Registration of Persons. These documents were issued to both refugees and aliens (non-Kenyans) generally. However, alien cards/certificates [terms are used interchangeably] issued to refugees were blue in colour to differentiate them from those issued to aliens generally. (ibid.)
Without providing details, the representative further noted that the Department of Refugee Affairs (DRA) is "gradually phasing out" alien certificates (ibid.).
The DRC representative further indicated that refugees holding alien certificates are entitled to all the rights provided for under the Refugees Act (ibid.). For instance, according to Article 16 of the Act, refugees in Kenya
(1)(a) shall be entitled to the rights and be subject to the obligations contained in the international conventions to which Kenya is party;
(b) shall be subject to all laws in force in Kenya.
…
(4) Subject to this Act, every refugee and member of his family in Kenya shall, in respect of wage-earning employment, be subject to the same restrictions as are imposed on persons who are not citizens of Kenya. (Kenya 2006, Art. 16)
According to the website of the Directorate of Immigration and Registration of Persons, which operates under the Ministry of Interior and Coordination of National Government (ibid. n.d.a), a refugee may be issued a class M work permit (ibid. n.d.b). In order to obtain a work permit, a refugee must present a "recognition letter" from the UNHCR and the DRA (ibid.).
For further information on the rights of refugees and on alien certificates, see Response to Information Request KEN105067.
2. Requirements and Procedures to Renew an Expired Alien Certificate
Without providing details, the DRC representative stated that alien certificates are "renewable upon expiry as they are valid for two years," but can only be renewed in Kenya at a DRA office (DRC 11 Feb. 2015). The Directorate of Immigration and Registration of Persons provides a link to an application form for a renewal of an alien certificate on its website (ibid. n.d.c), a copy of which is attached to this Response.
Further and corroborating information on the requirements and procedures to renew an expired alien certificate could not be found among the sources consulted by the Research Directorate within the time constraints of this Response.
This Response was prepared after researching publicly accessible information currently available to the Research Directorate within time constraints. This Response is not, and does not purport to be, conclusive as to the merit of any particular claim for refugee protection. Please find below the list of sources consulted in researching this Information Request.
References
Danish Refugee Council (DRC). 11 February 2015. Correspondence from a representative to the Research Directorate.
_____. N.d. "Facts About DRC." <http://drc.dk/about-drc/facts-about-drc> [Accessed 15 Sept. 2015]
Kenya. 2006 (revised 2012). Refugees Act. <http://www.kenyalaw.org/kl/fileadmin/pdfdownloads/Acts/RefugeeAct_No13of2006.pdf> [Accessed 15 Sept. 2015]
_____. N.d.a. Ministry of Interior and Coordination of National Government, Directorate of Immigration and Registration of Persons. "Welcome: Directorate of Immigration and Registration of Persons Website." <http://www.immigration.go.ke/> [Accessed 15 Sept. 2015]
_____. N.d.b. Ministry of Interior and Coordination of National Government, Directorate of Immigration and Registration of Persons. "Department of Immigration Services: Permits and Passes." <http://www.immigration.go.ke/Information.html> [Accessed 15 Sept. 2015]
_____. N.d.c. Ministry of Interior and Coordination of National Government, Directorate of Immigration and Registration of Persons. "Downloads." <http://www.immigration.go.ke/Resources.html> [Accessed 15 Sept. 2015]
Additional Sources Consulted
Oral sources: International Organization for Migration in Kenya; Kenya – Department of Immigration Services, Department of Refugee Affairs, Directorate of Immigration and Registration of Persons, Kenya High Commission in Ottawa; Kenya Human Rights Commission; Kituo Cha Sheria; lawyers in Kenya; Regional Durable Solutions Secretariat; UNHCR.
Internet sites, including: AllAfrica; Al Jazeera; Amnesty International; BBC; Center for Strategic and International Studies; Daily Nation; Deutsche Gesellschaft für Internationale Zusammenarbeit (GIZ); ecoi.net; Factiva; Freedom House; Human Rights Watch; IRIN; International Federation for Human Rights; International Organization for Migration; International Rescue Committee; Internews.org; Kenya – Department of Immigration Services, Kenya High Commission in Ottawa, Kenya High Commission in South Africa, Ministry of Foreign Affairs and International Trade, Ministry of Interior and Coordination of National Government; Kenya Human Rights Commission; Kituo cha Sheria; Médecins sans frontières - Kenya; National Council for Law Reporting; Norwegian Refugee Council; Refugee Consortium of Kenya; Refugees International; Regional Durable Solutions Secretariat; Reuters; The Star; United Nations – Refworld, UNAIDS, UNICEF, UNHCR, UN Office for the Coordination and Humanitarian Affairs; United States – Department of State; United States International University in Nairobi; World Health Organization.
Attachment
Kenya. N.d. Department of Immigration. "Form for Renewal of an Aliens Registration Certificate." <http://www.immigration.go.ke/downloads/Form-A2-Application%20for%20Alien%20Certificate%20Renewal.pdf> [Accessed 15 Sept. 2015]