Many refugee women in Nairobi lack official work permits, forcing them into precarious, informal jobs where they face low pay, exploitation, and no legal protection. Although refugees and asylum seekers are allowed to seek employment, obtaining legal work permits requires time, money, and documents that many do not have access to, contributing to lengthy delays.
A Congolese refugee woman in Githurai alternates between working in a tailoring shop and a tiny hair salon. Without official identification giving her the legal right to work, she works long hours without a contract, receives no paid leave, and has no legal protections. Despite her skills and experience, she is paid well below the legal minimum wage. Because she does not have a work permit, she is constantly at risk of harassment from local authorities in addition to exploitation by employers. Any disruption, like a police crackdown or illness, would instantly stop her income, putting her and her kids in danger of going hungry.
Across the city in Kawangware, a Burundian refugee woman endures similar obstacles while working informally as a ‘mama fua’ (laundry worker) in Kileleshwa, a wealthy neighbourhood. With no guarantee of consistent clientele, she is paid in cash for each job done. She makes enough money to pay for food and rent on good days, but nothing on bad ones. She is one financial shock away from homelessness because she does not have a steady source of income or savings.
What does the law say about refugees’ rights to work?
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Section 28(5) of Kenya’s Refugee Act 2021 stipulates that a refugee has the right to engage, individually or in a group, in gainful employment or enterprise, or to practise a profession or trade where they hold qualifications recognized by competent authorities in Kenya. This act is aligned with the Kenyan Constitution and international treaties, including the 1951 Refugee Convention and the 1969 OAU Convention on the Status of Refugees. Similarly, according to the 2011 Kenya Citizenship and Immigration Act and the 2011 Kenya Citizens and Foreign Nationals Management Service Act, refugees should be subject to the same restrictive conditions as other foreigners. This implies that, to obtain employment or start a business in Kenya, refugees, like any other foreign nationals, must obtain a work permit or a business licence.
In Kenya, the issuance of work permits for refugees falls under the mandate of the Department for Immigration and Citizen Services, with recognition and documentation done by the Department of Refugee Services. Policy stipulates that once a refugee has been recognized and issued a Refugee Identity Card, they can apply for a Class M work permit for free. However, in practice, that is not the case. Refugees contend that there are other hidden charges incurred during the application process, including bribes to fast-track their applications. A study by the Refugee-led Research Hub established that many refugees get discouraged from applying for work permits because of the multiple hurdles they face, such as the slow, opaque, and discriminatory process. Given the extreme length of time required to obtain these permits, they consider the two-year validity period as short.
Another layer of exclusion is experienced by refugees from Burundi, the Democratic Republic of the Congo, Rwanda, South Sudan, Tanzania, and Uganda. According to Section 28(8) of the Refugee Act 2021, a person from a Partner State of the East African Community who has been recognized as a refugee under this Act may opt to voluntarily give up his or her refugee status to enjoy any of the benefits due to him or her under the Treaty for the Establishment of the East African Community, the Protocol for the Establishment of the East African Community Common Market, and any other relevant written law. This makes it even more complicated for urban refugee women navigating the application of work permits, many of whom juggle multiple informal jobs, childcare, and domestic responsibilities, leaving them with little time and limited resources to navigate lengthy bureaucratic procedures. Some even depend on intermediaries to submit their documents, relationships that are sometimes exploitative. For many urban refugee women, the process is not only bureaucratically complex but also economically and socially exclusionary.
Barriers to application
According to the UNHCR, Kenya hosts over 860,000 refugees and asylum seekers as of October 2025. The refugee situation is informed by political developments and the humanitarian situation in the Horn and Great Lakes regions of Africa, particularly Somalia, Sudan, the Democratic Republic of the Congo, and South Sudan. However, the number of work permits issued remains unclear. Refugees encounter numerous obstacles to obtaining work permits. The procedure is lengthy, centralized in Nairobi, and frequently necessitates numerous documents, long wait times, and repeated visits for follow-up, all of which are expensive in terms of both time and money. Usually, applicants need to provide their refugee identity card, a passport or Convention Travel Document, passport-sized photos, a letter of support from a potential employer, a personal Kenya Revenue Authority PIN, a tax compliance certificate, academic credentials, and occasionally a police clearance certificate.
Gathering this documentation is practically challenging for many refugees, particularly women, because of language barriers, uncooperative employers, or sometimes misplaced documents. Most refugees are unaware of their rights or how to navigate the system. Thus, many applications are denied without explanation or stall for months. Accessing legal employment is further complicated for women by additional gendered barriers, such as childcare responsibilities, restricted mobility, and prejudice from employers.
What change is needed?
Two crucial reforms should be given top priority in order to alleviate the structural obstacles that refugees face while applying for work permits. First, the Department of Refugee Services (DRS) should establish a specific Refugee Work Permits Application Support Unit. The Department for Immigration and Citizen Services currently handles work permits for refugees, frequently using the same processes as for foreign nationals, although refugees are a protected category with a legal right to work under both domestic and international law. Unnecessary delays, denials, and bureaucratic confusion are caused by this structural gap. A specialized DRS team would expedite the procedure, offer advice, and assist refugees in effectively navigating the application process.
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Second, there is an urgent need for legal clarification on refugees from the East African Community (EAC) on their right to work. Many of these refugees are caught between Kenya’s refugee laws and regional free movement protocols, creating a legal limbo that causes government institutions to interpret them differently. Reducing administrative ambiguity, protecting rights, and ensuring that EAC refugees are not unfairly denied the right to work would all be achieved by amending the Refugee Act or releasing clear regulations to harmonize these frameworks. In addition to ensuring refugee self-reliance, these actions would also increase economic involvement, foster legal certainty, and bring Kenya’s policies into compliance with its obligations and commitments to refugee protection.
Mobility rights contribute to justice and stability
Refugees are not passive recipients of humanitarian aid but skilled persons who, if given the opportunities to work and do business, will significantly contribute to Kenya’s economic growth. When administrative and legal obstacles keep excluding them from economic opportunities, we lose out on possible innovation, production, and tax income. It is not simply a question of justice; it is also an investment in the stability and development of the entire nation to guarantee equitable access to work permits, particularly for refugees from the EAC who ought to be granted regional mobility rights.
Mercy Chepkirui Lagat is a researcher and writer based in Nairobi, Kenya specializing in refugee protection, displacement, and migration policy in East Africa, currently pursuing an MA in Refugee Protection and Forced Migration at the Refugee Law Initiative.
