Kenya’s refugee law grants right to work, but bureaucracy blocks jobs

Kenya’s refugee law grants right to work, but bureaucracy blocks jobs

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Kenya’s 2021 Refugee Act legally recognises refugees as economic actors, granting them the right to work, run businesses, and practise professions where their qualifications are recognised. On paper, the legislation positions Kenya as a regional leader in refugee inclusion.

Yet, for many refugees, turning these legal rights into actual employment remains a significant challenge. A Kenya-specific study conducted by the Refugee-Led Research Hub at the University of Oxford for the Amahoro Coalition reveals that bureaucratic hurdles continue to prevent refugees from accessing formal employment opportunities.

Unlike other foreign nationals, refugees must navigate a dual approval process involving both the Directorate of Immigration Services and the Department of Refugee Services to obtain a Class M work permit. Applicants must also provide a recommendation from an employer proving that no Kenyan citizen can fill the position—a requirement that advocates say is both exclusionary and impractical.

“The legal framework recognises refugees as contributors to the economy,” said Mercy Kusiwaa Frimpong, Strategy Custodian for Communications at Amahoro Coalition. “The next step is ensuring that the private sector fully embraces that vision. Refugees bring skills, resilience, and entrepreneurial drive, but bureaucracy is slowing down their integration into the workforce.”

The permit itself is free but comes with indirect costs and procedural complexity. Even for urban refugees, who are most likely to find formal jobs, the process can be opaque and difficult to navigate. The Class M permit is valid for only two years and can be hard to renew, creating uncertainty for both employees and employers.

Restrictions on movement also prevent many refugees in camps from relocating to cities, where the majority of formal job opportunities exist. Meanwhile, private sector engagement remains limited. Many companies prefer to work with refugees as suppliers or entrepreneurs rather than hiring them as employees, leaving a gap between legal rights and practical inclusion.

Experts say addressing these challenges requires coordinated action, including simplifying or reconsidering the Class M permit requirement, improving inter-agency coordination, and ensuring timely issuance of refugee identity cards. Humanitarian organisations could also play a role in transitioning refugees from incentive-based work to formal employment, while digital skills and technology access could open remote and online job opportunities.

With Kenya hosting one of Africa’s largest refugee populations, policymakers and businesses face a critical test: whether the country’s progressive legal framework will translate into tangible economic opportunities—or remain words on paper.

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