JOURNAL OF UWC FACULTY OF LAW | ISSN 2077-4907 | Short URL www.ldd.org.za

An evaluation of Kenya's parallel legal regime on refugees, and the courts' guarantee of their rights, pg 42

Volume: Volume 21 - 2017

Article type: Refereed article

Author/s: Nanima, Robert Doya

This article evaluates the existence of a parallel refugee regime in Kenya. The Executive decides on policies and oversees the enactment of laws to regulate the inflow of refugees under the encampment policy. The Judiciary hands down decisions that ensure that only policies and laws, which uphold human rights and constitutional standards, are used. This article argues that the existence of this parallel regime has fundamentally affected the refugees' enjoyment of human rights in Kenya, despite the courts' resilient position. To illustrate this regime, the article explores the policy directives of the Executive and the corresponding decisions of the courts between 2012 and 2014. It evaluates the decisions of the courts to illustrate the parallel regime.

About the author/s

Robert Doya Nanima

Robert Doya Nanima is a Senior Lecturer in the Department of Criminal Justice and Procedure, Faculty of Law, University of the Western Cape. Member of the African Committee of Experts on Rights and Welfare of the Child and Special Rapporteur on Children affected by Armed Conflict. https://orcid.org/0000-0001-8825-3376

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