The kenyan law on refugees and its compliance with the principle of non refoulement

Abstract

The Principle of Non Refoulement has long been held as the cornerstone of refugee protection. It has been codified in various international instruments having first been conceptualized and included in the Convention Relating to the Status of Refugees of 1951. The reasoning behind the principle is the fact that refugees or persons seeking asylum shall not be returned to countries where the risk to their lives arose. The fact that the principle is considered to be the corner stone of refugee protection has caused it to gain the status of a customary international law and more to that, it is now considered a jus cogens/ peremptory norm. Due to this status that the principle has attained, it means that under International Law the principle is one that cannot be derogated from. Derogation of the principle is however provided for when the individual that seeks protection of the principle raises a threat that is considered by the host country to amount to a threat against that state‟s national security. The research shall establish that the Kenyan law on refugees does comply with the principle of non refoulement despite the fact that various arms of government have failed to fully comply with the principle. It shall also be observed that in complying with the principle the Kenyan law has made an effort to expand the scope of application of the principle. This is because the Kenyan law on refugees has included asylum seekers who seek admission into Kenya as part of the beneficiaries of the principle on non refoulement.