Securitization of Kenya’s Asylum Space: Origin and Legal Analysis of the Encampment Policy

Andrew Maina ()
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Andrew Maina: Refugee Consortium of Kenya

A chapter in Refugees and Forced Migration in the Horn and Eastern Africa, 2019, pp 81-91 from Springer

Abstract: Abstract Kenya’s encampment policy has existed since the refugee influx of 1991. The policy restricts the movement of refugees contrary to the applicable laws, yet there is a dearth of analysis on it. This contribution analyzes the formalization of the encampment policy using the securitization theory. It argues that the securitization process of refugee policy in Kenya began earlier than 1991 as evidenced by parliamentary discourse between 1963 and 2006. Furthermore, it argues that failure of legal reasoning by the courts of law perpetuates the restrictive policy in spite of a clear constitutional argument for its abolishment. Data was drawn primarily from Parliamentary Hansards as the official record of parliamentary proceedings.

Date: 2019
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Persistent link: https://EconPapers.repec.org/RePEc:spr:aaechp:978-3-030-03721-5_5

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DOI: 10.1007/978-3-030-03721-5_5

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