dc.description.abstract | Kenya is signatory to the 1951 Convention and the 1967 Protocol Relating to the Status
of Refugees as well as the 1969 OAU Convention Relating to Specific Aspects of
Refugee Problems in Africa.! These legal instruments require that Kenya protects
refugees within her borders. In order to do so, Kenya needs to identify who within its
borders meets the refugee definition.
The process of deciding who qualifies as a refugee is what is referred to as Refugee
Status Determination (RSD).2 'The determination of refugee status refers to the legal act
by which the particular conditions giving rise to an individual's flight are examined with
the aim to determine whether or not the individual is deserving of international
protection." Refugee Status Determination performs a dual function. First, it assists
nations to identify those to whom it owes obligations under the 1951 Convention.
Second, if conducted efficiently, it is a tool of refugee protection as it identifies those
who would be harmed if returned to their countries of origin thus preventing forceful
return of refugees by stares.' | en |