Call/ WhatsApp us: 0710942629 / 0736677646 Email: omaadvocates@gmail.com
Refugee Law Advocates in Nairobi, Kenya
Refugees are people who have been forced to flee their country because of persecution, conflict, or threats to their safety on political, religious, ethnic, or social grounds. International and Kenyan law exist to guarantee their protection and human rights, and to support their integration into the social and economic life of the country that hosts them. At Ondieki & Matoke Company Advocates, we assist refugees and asylum seekers in Kenya in understanding and exercising their legal rights, from initial status determination through to documentation, work authorisation, and appeals.
The Legal Framework
Refugee law in Kenya is governed by the Refugees Act, 2021 and the Refugees (General) Regulations, 2024, which replaced the earlier 2006 law. Administered by the Department of Refugee Services (DRS), the current framework shifts focus away from strict encampment toward socioeconomic integration, proper documentation, and the protection of fundamental human rights. Kenya’s obligations also flow from the 1951 UN Refugee Convention and its 1967 Protocol, alongside other international human rights instruments the country has ratified and domesticated into national law.

Status Determination Process
- Asylum Application — A person seeking refuge must declare their intention to seek asylum to an authorised officer and register biometrically with the Department of Refugee Services.
- Asylum Seeker Pass — Applicants receive a pass valid for 90 days or until a final decision is reached on their status, allowing lawful presence in Kenya while their claim is considered.
- Status Determination — The Commissioner for Refugee Affairs and the Refugee Status Eligibility Panel review individual claims and determine refugee status.
- Appeals — A rejected applicant has the right to appeal the decision through the Refugee Status Appeals Committee.
Your Rights as a Refugee in Kenya
- Non-Refoulement — Protection against being forced or expelled back to a country where you would face threats to your life, safety, or freedom.
- Documentation — The right to identification and civil registration documents needed to access services from national and county government.
- Work and Livelihoods — Recognised refugees are eligible to apply for a Class M work permit through the Directorate of Immigration Services, allowing lawful employment or business activity.
- Social Services — Access to basic education and training on a similar basis to Kenyan citizens, subject to available resources.
- Protection for Vulnerable Groups — Special protection and consideration for women, children, older persons, survivors of trauma, and persons with disabilities.
- EAC Partner State Option — Refugees from East African Community partner states may voluntarily give up refugee status to instead exercise the right of establishment and residence available to EAC citizens.
- Voluntary Return — The right to voluntarily return to your country of origin without undue restriction, when and if you choose to.
- Dignity — The right to dignified, humane treatment and access to the amenities necessary to preserve your fundamental human rights.

Your Obligations
Alongside these rights, refugees are expected to register with the Commissioner for Refugee Affairs, comply with directions regarding designated reception or settlement areas, and observe Kenyan law including refraining from any conduct that would threaten public peace or national security. Refugees are also encouraged to contribute to Kenya’s economic and social life through lawful work and enterprise, and to make sustainable use of the resources and support made available to them.
Our Refugee Law Services
- Asylum Application Assistance — Guiding you through the asylum declaration and biometric registration process with the Department of Refugee Services.
- Refugee Status Determination Support — Representing you before the Commissioner for Refugee Affairs and the Refugee Status Eligibility Panel.
- Appeals Representation — Preparing and presenting appeals before the Refugee Status Appeals Committee where an application has been rejected.
- Documentation Support — Assisting with identity documents, asylum seeker passes, and Convention travel documents.
- Work Permit Applications — Supporting recognised refugees through the Class M work permit application process.
- Advocacy for Vulnerable Individuals — Advocating for clients who fall within groups entitled to special protection under Kenyan and international law.
Why Ondieki & Matoke Company Advocates
- Direct access to your advocate throughout — not a call centre or a junior clerk, at a time when clarity and consistency matter most.
- Clear explanations of your rights and the process, in plain language, at every stage.
- Complete discretion and respect for the difficulty of what brought you to this process.
- A transparent process and fee structure, explained clearly before work begins.

What to Expect — Our Process
- Initial consultation — a confidential conversation about your situation and what you need.
- Assessment — we review your circumstances and explain the process and options available to you.
- Application or appeal — we assist with your asylum application, status determination process, or appeal.
- Documentation — we support you in obtaining the identity and travel documents you’re entitled to.
- Ongoing support — we remain available as your circumstances and legal needs evolve, including work permit applications.
Frequently Asked Questions
You must declare your intention to seek asylum to an authorised officer and register biometrically with the Department of Refugee Services. You’ll receive an asylum seeker pass valid for 90 days or until a final decision is made, while the Commissioner for Refugee Affairs and the Refugee Status Eligibility Panel review your claim.
Refugees in Kenya have the right to protection against forced return to danger (non-refoulement), access to identification and documentation, the ability to apply for a Class M work permit, access to education and social services, special protection for vulnerable individuals, and the right to dignified, humane treatment.
Yes. If an asylum application is rejected, the applicant has the right to appeal through the Refugee Status Appeals Committee, and legal representation can help ensure the appeal is properly prepared and presented.
Yes. Recognised refugees are eligible to apply for a Class M work permit through the Directorate of Immigration Services, allowing them to engage in lawful employment, trade, or a recognised profession.
Refugees from EAC partner states have the option to voluntarily give up their refugee status in order to exercise the right of establishment and residence available to citizens of EAC member states, which can offer a different long-term path depending on individual circumstances.
Call now for a Free Consultation
Contact
0710942629 / 0736677646 / omaadvocates@gmail.com / info@omaadvocates.co.ke
Office
A.C.K. Garden Annex, 1st Ngong Avenue, Ground Floor, Suite 04, Upper Hill, Nairobi, Kenya
Open Hours
Monday-Saturday 8 am – 5pm
Weekends on Appointments only.
