High Court strikes down barriers keeping refugees from Kenyan work permits

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Justice Roselyne Aburili ruled that practices blocking refugees from Class M work permits are unconstitutional. She ordered the Department of Immigration to reform how it handles their applications.

Kakuma Kalobeyei Challenge Fund results since 2019
131 Businesses supported
6,945 Full-time equivalent jobs (approx.)
13.8 Private investment ($ million)
Source: The Eastleigh Voice

The High Court has ruled that refugees in Kenya have the right to formal jobs. Justice Roselyne Aburili found that official barriers stopping them from getting work permits violate the Constitution, The Eastleigh Voice reported. The Daily Nation also reported the ruling.

In Constitutional Petition No. E554 of 2025, the judge declared unconstitutional the policies and administrative practices that block refugees from obtaining Class M work permits. The court said the barriers amount to indirect discrimination. It added that they violate refugees' right to human dignity. The judge ordered the Department of Immigration to review and reform its policies, procedures and practices for these permits.

The Class M permit goes to people granted refugee status under Kenyan refugee law. It also covers a refugee's spouse who wants to work or run a trade, business or profession. Applications go through the eCitizen portal or the Foreign Nationals Services Portal.

The Kenya National Commission on Human Rights (KNCHR) welcomed the judgment. It called the ruling a major milestone for refugee rights, equality and economic inclusion. The commission said the reforms should create a fair, open and accessible application process. It credited Kituo Cha Sheria for its role in the case and praised the refugees who brought the petition. "This decision is a powerful reminder that refugee protection goes beyond physical safety; it must also guarantee the opportunity to live, work and pursue sustainable livelihoods with dignity," KNCHR said.

The ruling comes as the government rolls out the Shirika Plan, which President William Ruto launched in March 2025. The plan aims to move refugees from long stays in camps towards economic integration and self-reliance. On Monday, Interior CS Kipchumba Murkomen said refugees can now use their identification documents to register SIM cards. They can also access digital and financial services, including M-Pesa.

On Tuesday, Murkomen addressed the sixth Kakuma Kalobeyei Challenge Fund (KKCF) Learning and Strategy Conference in Nairobi. He said humanitarian aid must go hand in hand with long-term development. He added that the fund has backed 131 businesses since 2019. According to Murkomen, it has helped create about 6,945 full-time equivalent jobs and attracted $13.79 million (KSh 1.78 billion) in private investment.

Murkomen urged the private sector to see refugee-hosting areas as emerging markets for long-term investment, not just destinations for short-term aid. He said lasting change will depend on viable businesses and stable jobs beyond development grants.

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Sources The Eastleigh Voice, Daily Nation

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