High Court Clears Way for Refugees to Secure Formal Jobs in Kenya

The High Court has cleared the way for refugees to access formal employment in Kenya, affirming their right to apply for and obtain work permits through the existing Class M work permit framework.

In a statement on Thursday, November 12, the Kenya National Commission on Human Rights (KNCHR) said the High Court at Milimani ruled against policies and administrative practices that created barriers to refugees seeking formal employment.

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"The Court declared unconstitutional policies and administrative practices that create barriers to refugees’ access to work permits, finding that they amount to indirect discrimination and violate the constitutional right to human dignity," the statement read.

Following the ruling, the court directed the State Department of Immigration to review its existing policies and procedures governing work permit applications by refugees.

"The Court directed the State Department of Immigration to review and reform its policies, procedures and administrative practices governing Class M work permit applications by refugees," the statement added.

According to KNCHR, the reforms are expected to address administrative obstacles that have prevented refugees from accessing employment opportunities and participating in Kenya's formal labour market.

"These reforms are intended to establish a fair, transparent, accessible and accountable system, ensuring that refugees are not subjected to discriminatory administrative barriers that deny them opportunities to participate meaningfully in Kenya’s formal labour market," the statement further read.

KNCHR welcomed the decision, describing it as an important milestone in protecting refugee rights and promoting equality and economic inclusion.

"KNCHR welcomes this significant milestone in advancing refugee rights, equality and economic inclusion. We recognise the invaluable partnership of Kituo Cha Sheria and commend the refugee petitioners for their courage in bringing these challenges before the Court. 

"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," the statement concluded.

Meanwhile, President William Ruto’s Cabinet could face suspension following a fresh application filed at the High Court by a coalition of civil society organisations seeking enforcement of a court order directing the Head of State to reconstitute the Cabinet within 120 days.

In an update on Tuesday, November 10, Katiba Institute said the application was filed together with CREAW Kenya, TISA Kenya, Crawn Trust Kenya and World March of Women Kenya, challenging Ruto's alleged failure to comply with a judgment issued on June 30.

The 120-day deadline given by the court lapsed on October 28 prompting the petitioners to return to court seeking orders against the President and members of his Cabinet.

The High Court has certified the application as urgent, setting the stage for a potentially significant legal confrontation over compliance with court orders.

Among the key prayers, the petitioners want the court to suspend the Cabinet and Cabinet Secretaries from performing any functions of their offices.

They have also asked the court to stop the Secretary to the Cabinet from convening or servicing Cabinet meetings, recording Cabinet decisions or communicating such decisions.

The petitioners further want the Controller of Budget barred from approving the payment of Cabinet Secretaries’ salaries and benefits, as well as any expenditure relating to Cabinet business, effective October 28, 2026.

Additionally, they want the Attorney-General urgently summoned to explain the President’s failure to comply with the court judgment.

The civil society organisations are also seeking a finding that the President’s failure to implement the judgment amounts to wilful disobedience of court orders and therefore constitutes contempt of court.