Kenya Wants to Close Refugee Camps - the Promise and Risks of Its Ambitious New Plan
Abstract
Kenya is embarking on an ambitious new refugee policy, moving away from its decades-long encampment model to one focused on the socio-economic integration of nearly a million refugees. The cornerstone of this shift is the Refugees Act, 2021, and the subsequent Shirika Plan, launched in March 2025. This plan aims to transform established refugee camps like Dadaab and Kakuma into county-administered municipalities, granting refugees greater freedom of movement, the right to work, and access to public services. While promising significant benefits for both refugees and host communities through enhanced self-reliance and economic development, the initiative faces substantial legal, logistical, and human rights challenges, including ensuring non-refoulement, addressing documentation hurdles, and securing adequate international funding.
Introduction
In a pivotal shift, Kenya is now moving towards an ambitious new plan to close these camps and integrate refugees into local economies and national systems. This paradigm change is underpinned by the Refugees Act, 2021, and operationalised through the Shirika Plan, launched in March 2025. This article delves into the legal framework governing this transition, examining the promises of enhanced protection and socio-economic inclusion, as well as the inherent risks and challenges that legal practitioners and policymakers must navigate to ensure a humane and successful outcome.
Background
The current initiative, however, marks a more structured and legally backed departure from the past. The Refugees Act, 2021, represents a significant legislative overhaul, aiming to align Kenya's domestic laws with its international obligations under the 1951 Refugee Convention, its 1967 Protocol, and the 1969 OAU Convention Governing the Specific Aspects of Refugee Problems in Africa. This Act forms the legal bedrock for the Shirika Plan, a government-led model developed in conjunction with the UNHCR, which seeks to transition refugee management from a purely humanitarian, camp-based system to one centred on inclusion and local economic integration.
Analysis
Moreover, the transition from camps to integrated settlements requires careful management to prevent potential social tensions and xenophobia within host communities. While the plan aims for shared benefits, inadequate resource allocation or perceived preferential treatment could strain relations. Security concerns, historically a justification for the encampment policy, must also be addressed transparently and without resorting to discriminatory practices. Legal practitioners must remain vigilant to ensure that the rights of refugees, particularly vulnerable groups like women and children, are protected throughout this complex transition, and that any measures taken are in strict compliance with both national and international law.
Conclusion
For legal practitioners, this evolving landscape presents both opportunities and responsibilities. It necessitates a deep understanding of the new legal framework, vigilance in advocating for refugees' rights, particularly concerning documentation, freedom of movement, and protection against refoulement, and active engagement in ensuring equitable access to justice and services. The success of Kenya's plan will not only redefine refugee management within its borders but could also serve as a vital model for other host nations in the region and globally, provided the inherent risks are mitigated through transparent governance, adequate resources, and genuine inclusion of refugee voices.
Citations
- 1.Refugees Act, 2006 (Kenya)
- 2.Refugees Act, 2021 (Kenya)
- 3.The 1951 Convention Relating to the Status of Refugees
- 4.The 1967 Protocol Relating to the Status of Refugees
- 5.The 1969 OAU Convention Governing the Specific Aspects of Refugee Problems in Africa
- 6.High Court of Kenya, Constitutional Petition No. 56 of 2016 (Kituo Cha Sheria & 3 Others v Attorney General & 4 Others)
- 7.The Shirika Plan (Kenya Government and UNHCR, March 2025)
- 8.Kalobeyei Integrated Socio-Economic Development Plan (KISEDP)
