Vol. 2003 No. 1 (2003)
The Legal Configuration of Refugees and Asylum Seekers in East Africa: A Comparative Analysis in Kenya 2003
Abstract
The East African region has seen significant migration flows in recent years, particularly from countries like Somalia and Sudan to Kenya. This influx has led to heightened interest in refugee and asylum seeker legal frameworks within the country. The research employs a comparative legal framework approach, drawing on existing legislation, judicial decisions, and policy documents from Kenya's Ministry of Foreign Affairs and International Trade. Secondary data analysis is used to synthesize relevant information across different jurisdictions within East Africa. A key finding is the disparity in legal protections offered by Kenya compared to other countries in the region, particularly regarding access to education and healthcare for asylum seekers. The study concludes that there are substantial gaps in current legislation concerning the rights of refugees and asylum seekers, necessitating legislative reforms to align with international best practices. Recommendations include revising existing laws to ensure equal treatment of all refugees irrespective of their country of origin, enhancing access to essential services such as healthcare and education, and increasing public awareness about refugee rights.