The High Court has affirmed the right of refugees in Kenya to seek formal employment through the lawful Class M work permit framework, declaring administrative barriers that restrict their access unconstitutional.
In a landmark decision in Constitutional Petition No. E554 of 2025, Lady Justice Roselyne Aburili ruled that policies and administrative practices creating obstacles for refugees applying for Class M work permits amount to indirect discrimination and violate the constitutional right to human dignity.
The court directed the Directorate of Immigration Services to review and reform its policies, procedures and administrative practices governing Class M work permit applications by refugees.
The reforms are intended to establish a fair, transparent and accessible application process, ensuring refugees are not subjected to discriminatory administrative hurdles that prevent them from participating in Kenya’s formal labour market.
The Kenya National Commission on Human Rights (KNCHR), which represented the petitioners through lawyer Kadi Rosman, welcomed the decision alongside Kituo Cha Sheria and the refugee petitioners.
The commission described the ruling as a significant step towards advancing refugee rights, equality and economic inclusion, arguing that refugee protection should extend beyond physical safety to include opportunities to work and build sustainable livelihoods with dignity.
