| dc.description.abstract | This study examines how international refugee law is implemented in Kenya. It
further examines the challenges faced in the implementation of international refugee law
and how the state handles those challenges. As such it seeks to answer the questions: To
what extent has Kenya been guided by the provisions of international conventions on
refugees in handling refugee issues? What policies have been put in place to address the
refugee situation in the country and to what extent do they conform to international
refugee law? To what extent do security concerns affect the implementation of
international refugee law? The findings of the study are based on documentary
sources, field survey and observation. The study uses two theoretical approaches:
liberal-idealism and realism.
The central assumptions of the study are that implementation of international
refugee law in the national setting is anathema in the absence of corresponding municipal
legislation, and that a state security concerns jeopardize the protection of refugee rights.
The major findings of the study are first, the way Kenya handles refugees is determined
by security concerns. Second, there are numerous obstacles faced in attempts to meet the
minimum set standards in implementation of international refugee law in Kenya. These
include insufficient resources such as lack of trained manpower, the unprecedented
continued influx of refugees as well as lack of viability of durable solutions due to
continued conflicts in the principal source countries of refugees in the region, inadequate
legislation, lack of comprehensive policy, among other problems. Third, although Kenya
plays its part as a responsible member of the international community by giving asylum
to hundreds of thousands of refugees, there exist cases of flagrant violations of
international refugee law | en_US |
