An evaluation of Kenya’s parallel legal regime on refugees, and the courts’ guarantee of their rights

Abstract

This article evaluates the existence of a parallel refugee regime in Kenya. The Executive decides on policies and oversees the enactment of laws to regulate the inflow of refugees under the encampment policy. The Judiciary hands down decisions that ensure that only policies and laws, which uphold human rights and constitutional standards, are used. This article argues that the existence of this parallel regime has fundamentally affected the refugees’ enjoyment of human rights in Kenya, despite the courts’ resilient position. To illustrate this regime, the article explores the policy directives of the Executive and the corresponding decisions of the courts between 2012 and 2014. It evaluates the decisions of the courts to illustrate the parallel regime.