State to determine the fate of asylum seekers.

By Edith Fortunate

The government will soon take over the role of determining refugees’ status from the United Nations High Commission for Refugees (UNHCR).

The newly enacted Refugees Act, which is yet to become operational, provides for the establishment of the office of the commissioner of refugees, who shall oversee their welfare.

The Act, which was gazetted on January 2, defines who a refugee is, even as it sets conditions for the determination of an asylum seeker as a refugee. It also sets rules for disqualifications of an asylum seeker from getting the status of a refugee.

Previously, the Government has been depending on UNHCR to determine whether asylum seekers should be granted refugee status.

The Act has a raft of proposals supposedly meant to improve the welfare of refugees in Kenya.

A senior assistant secretary in the refugees department in the Ministry of Immigration Mr. Edward Ng’etich, said the minister might, within two months, issues a notice to make it operational.

“The Act will become operational by a minister’s notice,” he said.

Ne’etich said a team of lawyers from the ministry has been meeting to create the regulations that will govern the Act.

“We have been working on the finer details and the specifics of the Act,” he said.

Once it becomes operational, refugees will start enjoying equal rights as ordinary foreigners in securing jobs in Kenya. The Act provides that foreigners who apply to be refugees in the country will be entitled to remain t in the country until a decision is made.

In case the application is rejected, they will continue to stay in the country until they exhaust all appeals.

A grace period of 90 days will be given to anyone whose application of refugee status is rejected to allow him/her to move to a country of his/her choice. Those who qualify as refugees will be issued with identity cards or passes.

The refugees shall be subject to all Kenyan laws and the international conventions, which Kenya is party to.

A refugees Camp Officer shall be responsible for managing the camps, registering asylum seekers and issuing movement passes to refugees wishing travel outside the camp.