85. With regard to Refugees matters-Kenya has been seen as a relatively stable haven for those fleeing
persecution or conflict in their home countries, in a region frequently plagued by political turmoil,
ethnic violence, armed conflict and drought. As of September 2012, there were over 600,000 refugees in
Kenya. This substantial population necessitates a rights-based approach to ensuring the protection and
assistance of refugees and asylum seekers especially since Kenya has a policy of encampment.
86. A Refugee Bill was developed in 2012 and is currently under review by the Commission on
Implementation of the Constitution. The Bill provides for a smooth operational coherence between the
Refugee Act 2006 and the Kenya Citizenship and Immigration Act 2012 hence protecting refugees and
asylum seekers against refoulment.
87. Refugee Regulations developed in 2009 contain operational guidelines to ensure the effective
implementation of the Refugee Act, 2006. The Refugee Act of 2006 is the main legislative framework
covering the administration of refugee matters in the country. It specifies the objective procedures for
processing the applications of those seeking refugees status and prohibits the refoulment of persons
seeking admission into the Kenyan territory. The applicants and their families are allowed to remain in
Kenya, during the period of determination of their status and the period of appeal in case of
unsuccessful applicants. The Department of Refugee Affairs under the Refugee Act is the main body
responsible for refugee matters in Kenya.
Article 13: Right to Participate in Government
88. Public participation has been codified as a major theme of the Constitution of Kenya, detailed as a
national value in Article 10, as well as in a number of specific provisions, in relation to either certain
public institutions or processes. To guide county governments in the conduct of public participation, a
model law on Public participation has been developed. The Government is also in the process of
developing a National Policy on Public Participation, to provide an overarching comprehensive and
coordinated framework for public engagement to ensure the meaningful participation of the people of
Kenya in public affairs. The policy contains guidelines to ensure that the views of the public are heard
and their input considered, it lays down the framework to encourage citizen participation, to
understand how government works and its decisions, advance synergies from government and private
sector and ensure inclusion of different interest groups.
89. Article 174 of the Constitution introduces a devolved system of government. Kenya in divided into 47
counties under county governments. Devolution calls for increased participation of the people in the
decisions that concerns them, gives powers of self governance to the people, reinforces the promotion
and protection of the interest and rights of the minorities and marginalized communities and provides
for the equitable sharing of national and local resources throughout Kenya.
90. Article 196(1) state that a county assembly shall conduct its business in an open manner, and hold its
sittings and those of its committees, in public; and facilitate public participation and involvement in the
legislative and other business of the assembly and its committees. Citizens are also allowed to
participate in matters of public finance. Article 201 sets the principles that guide all aspects of public
finance and these include openness and accountability, public participation in financial matters.
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