Kenya hosts 557,340 refugees and asylum seekers (as at September 2011, UNOCHA) . Most refugees reside in the designated camps in Kakuma and Dadaab. There is however a sizable population in urban centres in search of better living conditions and the trend towards migration to urban areas is growing.

RCK has offices in Nairobi, Dadaab and Kakuma that provide free legal aid clinics. Refugees and asylum seekers suffer unique vulnerabilities due to their asylum seeking or refugee status. Kenya’s de facto encampment policy, for example has meant that the majority of refugees reside in camps and are dependent on humanitarian aid. Their continued influx and the strain on resources to accommodate them better has created a situation of congestion that brings with it protection concerns such as incidences of sexual and gender based violence (SGBV) especially where women and children are concerned. In Nairobi, no less, asylum seekers suffer an even more varied array of protection issues. They are unable, for example, to access services and livelihood opportunities without asylum status and this opens them up to exploitation and abuse by employers, host communities and the police.

RCK’s legal aid clinics advise on matters of security, SGBV, employment and asylum status among others. RCK also takes pride in its psychosocial counseling that prepares SGBV victims before they go to court and other clients in general who are suffering from the traumas of the persecution and other human rights violations that caused them to flee.

RCK’s legal aid embraces the evolving legal framework on forced migration to effectively discharge its mandate. It uses the provisions of relevant statutes, international instruments and the provisions of the Kenyan Constitution as catalysts geared towards protecting the rights of refugees and other forced migrants in Kenya. The programme addresses this on a regular basis in its service delivery. The Refugees Act (2006) of Kenya has given refugees in the country legal status. Legal Aid together with Advocacy ensures that the Kenyan Judiciary and law enforcement agencies acquaint themselves well with the Refugees Act of Kenya and its implications. Legal Aid seeks to make significant contributions to the promotion of access to justice for refugees and other forced migrants through designing and implementing projects and activities on public interest litigation, community outreach and legal aid, and refugee empowerment for self-representation.

The Legal Aid Clinic & Pro-bono lawyers Scheme

Asylum seekers and refugees receive free legal aid and representation on asylum and immigration related charges in police stations, remand prisons and courts of law using RCK legal officers as well as a pool of trained pro-bono lawyers.

Legal Aid in Nairobi holds legal aid clinics from Mondays – Wednesdays. Tuesdays are set aside for women and children although they attend the other legal aid clinic days. Legal aid also trains translators/interpreters from the various refugee communities.

Legal Aid in Dadaab provides legal aid every week in the 3 camps on Mondays in Hagadera, Wednesdays in Ifo and Thursdays in Dagahaley. Tuesdays and Fridays are usually set aside for follow ups.

Legal Aid in Kakuma provides legal aid from Monday – Wednesday.

A review of the trends at the legal aid clinic in Nairobi from January - July 2011 reveal the numerous and diverse needs of our clients. Security and social issues top the priority of needs with more than half of all clients reporting threats, harassment and the inability to meet their health, food and shelter needs. RCK works with partners to ensure that clients whose needs cannot be met by RCK, have a way forward to solving their concerns.

Representation for Refugee Status Determination (RSD)

RCK provides legal aid and representation during the refugee status determination process. This includes assisting asylum seekers to prepare for RSD interviews, drafting appeals for rejected asylum seekers and liaising with UNHCR on processes that need to be expedited.

Child and Sexual and Gender Based Violence (SGBV) Protection

In displacement situations, women and children are particularly vulnerable and subjected to SGBV. RCK’s programmes aim to respond to these vulnerabilities. We provide legal advice on SGBV, child protection and pre and post-trial counselling to refugee women and children.

Community-Based Protection Monitoring

RCK conducts protection monitoring to document human rights violations. RCK maintains a pool of paralegals that constantly provide RCK with information on arrests, pending and concluded court cases with deportation orders for intervention.

RCK engages protection monitors who are opinion leaders from the refugee and host community in refugee hosting areas including the camps and transit routes. They provide periodic reports on violations of human rights within their communities. The violations are documented in monitoring collection tools which inform RCK’s interventions and programming.

RCK carries out monitoring visits to government departments that interact with refugees on a regular basis to keep track of emerging trends and concerns.

Community Awareness

RCK facilitates community awareness to sensitise the refugee communities on rights and responsibilities. This is also an opportunity for the community to share their concerns with RCK to maintain a needs-based approach in our programming.