Kenya's differentiated assistance in securing sustainable support for refugees and asylum seekers

Kenya has long been a refuge for refugees and asylum seekers fleeing conflict and persecution. It has hosted these displaced populations for several decades. The establishment of the Dadaab refugee camp in 1991, followed by Kakuma in 1992, marked formal responses to an escalating humanitarian need. Since then, Kenya has steadfastly upheld its obligations under the 1951 Refugee Convention and its 1967 Protocol, which collectively safeguard the rights of refugees and asylum seekers.

These international commitments have been domesticated through the Refugee Act 2021, which creates a comprehensive institutional framework for refugee management. While Kenya has played the central role in protecting displaced persons, this effort has been bolstered significantly by the United Nations High Commissioner for Refugees (UNHCR) and other development partners who continue to provide essential support to the Government of Kenya.

While UNHCR in collaboration with several partners have delivered on their mandates with much success and appreciation, the dwindling funding landscape has come with challenges that have made various actors to rethink and consider the best way to support asylum seekers and refugees while taking into consideration the obligation to fulfil, promote and protect their rights.

As a reponse to this challenge, the concept of the Differentiated Assistance Framework has been tailored by the development partners in collaboration with the Government of Kenya. This framework focuses on providing assistance to the refugees and asylum seekers based on individual and household needs by considering their capability and capacity to meet their needs.

This Differentiated Assistance Framework promotes moving away from the traditional humanitarian aid to integrating livelihood interventions to promote self-reliance. The goal is to ensure that refugees and asylum seekers transition from dependency on aid to sustainable economic independence over time. This is in line with the durable solutions approach, which is the new paradigm in supporting refugees and asylum seekers across the world which has also been well articulated in Kenya’s Shirika Plan.

While the rollout of the framework is now due, teething problems have emerged. The expected beneficiaries have expressed dissatisfaction with its impending implementation. The refugee camps have seen eruption of unrests with the refugees and asylum seekers organizing public demonstrations that have been characterized by loss of life, destruction of property and lifethreatening injuries.

Although the rollout was preceded by consultations and public engagement with the refugees and asylum seekers, these engagements have been faulted by the beneficiaries and critics alike as being inadequate, poorly planned, unstructured and unresponsive. The direct consequence has been misclassification of refugees into inappropriate categories, which risks denying them access to basic rights and benefits that the framework is intended to secure.

This troubling situation calls for urgent reflection and re-examination of the whole process towards sustainability by all stakeholders involved in the rollout. Meaningful, well-structured and inclusive engagements with the beneficiaries, conducted in accessible languages and formats, is essential. This participation should and ought to have begun at the process of designing the assessment tool, ensuring genuine input from the beneficiaries. It should have been supported by real time feedback and redress mechanisms that would help the planners and the intended beneficiaries address the grievances promptly. Without such genuine participation, the framework’s goals of fairness and sustainability cannot be achieved.

Furthermore, significant problems have arisen due to insufficient data collection and processing warrants, undermining the integrity of the entire rollout process. A re-evaluation of the entire data management system for asylum seekers and refugees in Kenya is required. The incomplete or inaccurate data does not provide a true picture for proper decision making. The Department of Refugee Services (DRS) must prioritize the development of an accurate, verifiable and comprehensive refugee data system. Reliable data is foundational to effective planning and equitable service delivery, which ultimately ensures protection and promotion of the rights of asylum seekers and refugees.

The reported incidents of violence, injuries and property destruction are deeply concerning and threaten to undermine Kenya’s long-standing reputation for protecting vulnerable displaced populations. Ensuring the successful and just rollout of the Differentiated Assistance Framework is not optional but essential. A well-executed implementation will enhance refugees’ livelihoods, foster their self-reliance, strengthen Kenya’s position as a regional leader in sustainable and rights-based refugee support as well as uphold Kenya’s constitutional and international commitments to human rights.

The author is an Assistant Director at the Kenya National Commission on Human Rights (KNCHR)