Papers by Ekai Nabenyo
The Refugees Bill, 2019: Building a Case for Refugee Protection in Kenya, 2020
The United Nations Convention on the Status of Refugees, 1951, (The Refugee Convention) defines a... more The United Nations Convention on the Status of Refugees, 1951, (The Refugee Convention) defines a refugee as:
"Any person who owing to a well-founded fear of being persecuted for reasons of race, religion, nationality, membership of a particular social group or political opinion, is outside the country of his/her nationality and is unable, or owing to such fear, is unwilling to avail himself/herself of the protection of that country."
The Republic of Kenya is home to hundreds of thousands of refugees mainly from South Sudan, Somalia, Ethiopia, Democratic Republic of Congo, Burundi and Rwanda. As of February 2020, the United Nations High Commissioner for Refugees (UNHCR) estimated that Kenya’s Kakuma (including the newly created Kalobeyei Integrated Settlement) and Dadaab Refugee Complex hosted a total refugee population of 194,914 and 217,197 respectively.
Refugees in Kenya are administered in accordance with a refugee legislation enacted in 2006. In keeping with the developments taking place globally, Kenya has instituted a review of its regulatory framework so as to align it further with international norms and best practices. A Bill for enactment of a new refugee law to repeal the Refugees Act, 2006 is currently before the National Assembly. The Bill seeks to extend the already existing refugee rights in Kenya. Once enacted into law, refugees will have the right to, inter alia, obtain work permits and engage in gainful employment. However, it should be noted from outset that the specific provisions of the Bill on this right are coached in a manner that makes it difficult to decipher whether or not the drafters actually intended refugees to be granted the right to work. The Bill for instance criminalizes “gainful employment without the payment of tax” appearing to suggest that refugees will be allowed to work.
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Freeing Refugees From the Limbo of Donor-Dependency: An Analysis of Kenya's Refugees Bill, 2016, 2019
The Republic of Kenya is home to hundreds of thousands of refugees mainly from South Sudan, Somal... more The Republic of Kenya is home to hundreds of thousands of refugees mainly from South Sudan, Somalia, Ethiopia, Democratic Republic of Congo, Burundi and Rwanda. As of November 2018, the United Nations High Commissioner for Refugees (UNHCR) estimated that Kenya’s Kakuma (including the newly created Kalobeyei Integrated Settlement) and Dadaab Refugee Complex hosted a total refugee population of 186,692 and 235,269 respectively.
Refugees in Kenya are administered in accordance with a refugee legislation enacted in 2006. In keeping with the developments taking place globally, Kenya has instituted a review of its regulatory framework so as to align it further with international norms and best practices. A Bill for enactment of a new refugee law to replace the Refugees Act, 2006 was debated and passed by the National Assembly of Kenya in 2016. The Refugees Bill, 2016 seeks to extend the already existing refugee rights in Kenya. It will enable refugees to be self-reliant and in the process bring an end to the reliance on donor support as well as contribute positively to the country’s economy. Once enacted into law, refugees will have the right to, inter alia, own land and other property in Kenya and be able to obtain work permits and engage in gainful employment. They will also be locally integrated together with the rest of the Kenyan population and can apply to be naturalized as Kenyan citizens (subject to Kenya’s immigration laws) and enjoy all the rights enjoyed by other non-refugee foreigners in Kenya. The Bill was, however, referred back to the National Assembly by the President. This is due to concerns raised by local host communities especially due to lack of adequate public participation.
This study aims at critically analyzing the effectiveness of the Bill in economically empowering and locally integrating refugees in Kenya in contra-distinction with the increasing reluctance of donor agencies to support the increasing number of refugee populations.
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Minorities and indigenous communities across the globe continue to face myriads of problems that ... more Minorities and indigenous communities across the globe continue to face myriads of problems that come with the search for minerals conspicuous among which is arbitrary eviction from their lands and destruction of pastoral grasslands by private sector development projects that focus on promoting the home countries of companies that initiate the oil exploration process. The truism of what is commonly referred to as the 'oil curse' is greatly felt by these low-profile citizens of the world. While the oil company and the government department in-charge of energy meet in boardrooms in the cities to deliberate on which forests the bulldozers of the oil company shall begin tearing down, the sons and daughters of God are kept in the dark and only learn of the said exploration when after waking up in the morning, they realize the huge tree that acted as the meeting place for herdsmen and boys to shelter the scorching sun is no more and the beautiful pastures that were the favorite of the old mzee's fat he-goat have been scattered by the snake-eating Chinese and their bulldozers roaming around the pastureland. This is the worst thing one can do to the people residing in the valleys and hills of Ngamia One in the name of development. The after-effects of oil and gas exploration if not remedied before getting out of hand shall create a huge internal impasse between the host community and the rest of the world. History has demonstrated times without number that if not properly guarded, consulted and involved, the indigenous people can throw away the pretence and launch a rebellion to the enemy that seeks to exterminate their very existence. In The Jambi island of Sumatra, local Indonesian police allegedly worked with the staff of a palm oil plantation, controlled by the Singapore-based
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The Rights of the Lake
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Thesis Chapters by Ekai Nabenyo
In almost all communities in Africa, including Kenya, land is considered to be the main asset in ... more In almost all communities in Africa, including Kenya, land is considered to be the main asset in as far as livelihoods and culture is concerned. The land question in Kenya has been emotive and the fact that there have been historical injustices on land in Kenya perpetrated by foreign investors and politicians cements the argument that there is need for policy makers to straighten land related laws especially those relating to compensation of displaced communities or groups of people. In November 2011, Tullow Oil PLC, an Irish company prospecting for oil and gas in North-Western Kenya announced that it had struck oil and gas reserves in Turkana County. Kenya is expected to begin oil production in 2017 with an estimated production of over 10,000 barrels per day (bpd). These large amounts of oil and gas will undoubtedly boost the Kenyan economy which has relied on agriculture for long. On the other hand, the oil discovery in Turkana has exposed the socio-economic challenges faced by the local pastoralists in Turkana, a marginalized community occupying the hot and dry northwestern region of Kenya.
The often militarized inter-tribe and conflicts competition over the scarce pastures and natural resources by the Turkana and the neighbouring communities will likely increase and a result the local community may experience the effects of the dreaded ‘oil curse’ “that has brought untold devastation on the livelihoods of communities elsewhere in Africa." In order to secure community land rights, the Constitution of Kenya 2010 and other land-related laws such as Land Act 2012 prohibit arbitrary eviction of individuals out of their land without “payment of prompt compensation.”
In addition, the impact of large-scale oil and gas projects on the human rights and fundamental freedoms of local peoples and their communities has necessitated the need for a review of the protection the law has accorded to communities affected by private investments. These communities have had limited input into the investor and state-driven development model imposed upon them. It is important to note that, when land is expropriated for oil exploration, the original residents are displaced, livestock watering points are destroyed and community forests and shrines are cleared. The practice in other jurisdictions that earlier experienced the so called “oil curse” indicate that despite the legal requirement to compensate local communities, most investors do not take the concept of community compensation into account when working in communities that host private investment projects. It is clear from the current assessment of the situation that there is a growing international consensus on the need for local communities to participate in the formulation and implementation of development projects that may affect them.
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Papers by Ekai Nabenyo
"Any person who owing to a well-founded fear of being persecuted for reasons of race, religion, nationality, membership of a particular social group or political opinion, is outside the country of his/her nationality and is unable, or owing to such fear, is unwilling to avail himself/herself of the protection of that country."
The Republic of Kenya is home to hundreds of thousands of refugees mainly from South Sudan, Somalia, Ethiopia, Democratic Republic of Congo, Burundi and Rwanda. As of February 2020, the United Nations High Commissioner for Refugees (UNHCR) estimated that Kenya’s Kakuma (including the newly created Kalobeyei Integrated Settlement) and Dadaab Refugee Complex hosted a total refugee population of 194,914 and 217,197 respectively.
Refugees in Kenya are administered in accordance with a refugee legislation enacted in 2006. In keeping with the developments taking place globally, Kenya has instituted a review of its regulatory framework so as to align it further with international norms and best practices. A Bill for enactment of a new refugee law to repeal the Refugees Act, 2006 is currently before the National Assembly. The Bill seeks to extend the already existing refugee rights in Kenya. Once enacted into law, refugees will have the right to, inter alia, obtain work permits and engage in gainful employment. However, it should be noted from outset that the specific provisions of the Bill on this right are coached in a manner that makes it difficult to decipher whether or not the drafters actually intended refugees to be granted the right to work. The Bill for instance criminalizes “gainful employment without the payment of tax” appearing to suggest that refugees will be allowed to work.
Refugees in Kenya are administered in accordance with a refugee legislation enacted in 2006. In keeping with the developments taking place globally, Kenya has instituted a review of its regulatory framework so as to align it further with international norms and best practices. A Bill for enactment of a new refugee law to replace the Refugees Act, 2006 was debated and passed by the National Assembly of Kenya in 2016. The Refugees Bill, 2016 seeks to extend the already existing refugee rights in Kenya. It will enable refugees to be self-reliant and in the process bring an end to the reliance on donor support as well as contribute positively to the country’s economy. Once enacted into law, refugees will have the right to, inter alia, own land and other property in Kenya and be able to obtain work permits and engage in gainful employment. They will also be locally integrated together with the rest of the Kenyan population and can apply to be naturalized as Kenyan citizens (subject to Kenya’s immigration laws) and enjoy all the rights enjoyed by other non-refugee foreigners in Kenya. The Bill was, however, referred back to the National Assembly by the President. This is due to concerns raised by local host communities especially due to lack of adequate public participation.
This study aims at critically analyzing the effectiveness of the Bill in economically empowering and locally integrating refugees in Kenya in contra-distinction with the increasing reluctance of donor agencies to support the increasing number of refugee populations.
Thesis Chapters by Ekai Nabenyo
The often militarized inter-tribe and conflicts competition over the scarce pastures and natural resources by the Turkana and the neighbouring communities will likely increase and a result the local community may experience the effects of the dreaded ‘oil curse’ “that has brought untold devastation on the livelihoods of communities elsewhere in Africa." In order to secure community land rights, the Constitution of Kenya 2010 and other land-related laws such as Land Act 2012 prohibit arbitrary eviction of individuals out of their land without “payment of prompt compensation.”
In addition, the impact of large-scale oil and gas projects on the human rights and fundamental freedoms of local peoples and their communities has necessitated the need for a review of the protection the law has accorded to communities affected by private investments. These communities have had limited input into the investor and state-driven development model imposed upon them. It is important to note that, when land is expropriated for oil exploration, the original residents are displaced, livestock watering points are destroyed and community forests and shrines are cleared. The practice in other jurisdictions that earlier experienced the so called “oil curse” indicate that despite the legal requirement to compensate local communities, most investors do not take the concept of community compensation into account when working in communities that host private investment projects. It is clear from the current assessment of the situation that there is a growing international consensus on the need for local communities to participate in the formulation and implementation of development projects that may affect them.
"Any person who owing to a well-founded fear of being persecuted for reasons of race, religion, nationality, membership of a particular social group or political opinion, is outside the country of his/her nationality and is unable, or owing to such fear, is unwilling to avail himself/herself of the protection of that country."
The Republic of Kenya is home to hundreds of thousands of refugees mainly from South Sudan, Somalia, Ethiopia, Democratic Republic of Congo, Burundi and Rwanda. As of February 2020, the United Nations High Commissioner for Refugees (UNHCR) estimated that Kenya’s Kakuma (including the newly created Kalobeyei Integrated Settlement) and Dadaab Refugee Complex hosted a total refugee population of 194,914 and 217,197 respectively.
Refugees in Kenya are administered in accordance with a refugee legislation enacted in 2006. In keeping with the developments taking place globally, Kenya has instituted a review of its regulatory framework so as to align it further with international norms and best practices. A Bill for enactment of a new refugee law to repeal the Refugees Act, 2006 is currently before the National Assembly. The Bill seeks to extend the already existing refugee rights in Kenya. Once enacted into law, refugees will have the right to, inter alia, obtain work permits and engage in gainful employment. However, it should be noted from outset that the specific provisions of the Bill on this right are coached in a manner that makes it difficult to decipher whether or not the drafters actually intended refugees to be granted the right to work. The Bill for instance criminalizes “gainful employment without the payment of tax” appearing to suggest that refugees will be allowed to work.
Refugees in Kenya are administered in accordance with a refugee legislation enacted in 2006. In keeping with the developments taking place globally, Kenya has instituted a review of its regulatory framework so as to align it further with international norms and best practices. A Bill for enactment of a new refugee law to replace the Refugees Act, 2006 was debated and passed by the National Assembly of Kenya in 2016. The Refugees Bill, 2016 seeks to extend the already existing refugee rights in Kenya. It will enable refugees to be self-reliant and in the process bring an end to the reliance on donor support as well as contribute positively to the country’s economy. Once enacted into law, refugees will have the right to, inter alia, own land and other property in Kenya and be able to obtain work permits and engage in gainful employment. They will also be locally integrated together with the rest of the Kenyan population and can apply to be naturalized as Kenyan citizens (subject to Kenya’s immigration laws) and enjoy all the rights enjoyed by other non-refugee foreigners in Kenya. The Bill was, however, referred back to the National Assembly by the President. This is due to concerns raised by local host communities especially due to lack of adequate public participation.
This study aims at critically analyzing the effectiveness of the Bill in economically empowering and locally integrating refugees in Kenya in contra-distinction with the increasing reluctance of donor agencies to support the increasing number of refugee populations.
The often militarized inter-tribe and conflicts competition over the scarce pastures and natural resources by the Turkana and the neighbouring communities will likely increase and a result the local community may experience the effects of the dreaded ‘oil curse’ “that has brought untold devastation on the livelihoods of communities elsewhere in Africa." In order to secure community land rights, the Constitution of Kenya 2010 and other land-related laws such as Land Act 2012 prohibit arbitrary eviction of individuals out of their land without “payment of prompt compensation.”
In addition, the impact of large-scale oil and gas projects on the human rights and fundamental freedoms of local peoples and their communities has necessitated the need for a review of the protection the law has accorded to communities affected by private investments. These communities have had limited input into the investor and state-driven development model imposed upon them. It is important to note that, when land is expropriated for oil exploration, the original residents are displaced, livestock watering points are destroyed and community forests and shrines are cleared. The practice in other jurisdictions that earlier experienced the so called “oil curse” indicate that despite the legal requirement to compensate local communities, most investors do not take the concept of community compensation into account when working in communities that host private investment projects. It is clear from the current assessment of the situation that there is a growing international consensus on the need for local communities to participate in the formulation and implementation of development projects that may affect them.