About the Migration Governance Indicators
About the Migration Governance Indicators
Migrants' rights
Migrants' rights

Indicators in this domain assess the extent to which migrants have the same status as citizens in terms of access to basic social services such as health, education, and social security. It also describes the rights of migrants to family reunification, to work, and to residency and citizenship. The ratification of the main international conventions is also included within this domain.

Indicators in this category look at the extent to which migrants have access to certain social services such as health, education and social security. They also examine measures to ensure integration and access to work.

Whole of government approach
Whole of government approach

Indicators in this domain assess countries’ institutional, legal, and regulatory frameworks related to migration policies. Domain 2 also reviews the existence of national migration strategies that are in-line with development, as well as institutional transparency and coherence in relation to migration management. This domain also investigates the extent to which governments collect and use migration data.

Indicators in this category assess the institutional frameworks of cities for migration. This area also examines the existence of migration strategies consistent with development objectives, as well as institutional transparency and coherence in migration management.

Partnerships
Partnerships

This domain focuses on countries’ efforts to cooperate on migration-related issues with other states and with relevant non-governmental actors, including civil society organizations and the private sector. Cooperation can lead to improvements in governance by aligning and raising standards, increasing dialogue and providing structures to overcome challenges.

Indicators in this category focus on cities’ efforts to cooperate on migration issues with the national government as well as other cities and relevant non-governmental actors, including civil society organizations and the private sector.

Well-being of migrants
Well-being of migrants

This domain includes indicators on countries’ policies for managing the socioeconomic well-being of migrants, through aspects such as the recognition of migrants’ educational and professional qualifications, provisions regulating student migration and the existence of bilateral labour agreements between countries. Indicators equally focus on policies and strategies related to diaspora engagement and migrant remittances.

Indicators in this category assess cities’ initiatives in terms of international student mobility, access to the labour market and decent working conditions for migrant workers. Aspects related to diaspora engagement and migrant remittances are also included in this domain.

Mobility dimensions of crises
Mobility dimensions of crises

This domain studies the type and level of preparedness of countries when they are faced with mobility dimensions of crises, linked to either disasters, the environment and/or conflict. The questions are used to identify the processes in place for nationals and non-nationals both during and after disasters, including whether humanitarian assistance is equally available to migrants as it is to citizens.

Indicators in this category examine the type and level of readiness of cities to deal with aspects of mobility crises. The questions focus on the processes in place for citizens and non-citizens both during and after disasters, especially if humanitarian assistance is available for migrants and citizens.

Safe, orderly and regular migration
Safe, orderly and regular migration

This domain analyses countries’ approach to migration management in terms of border control and enforcement policies, admission criteria for migrants, preparedness and resilience in the case of significant and unexpected migration flows, as well as the fight against trafficking in human beings and smuggling of migrants. It also assesses efforts and incentives to help integrate returning citizens.

Indicators in this category look at the cities’ approaches to migrant safety as well as return and reintegration policies and the fight against trafficking in persons.

Key findings
INTRODUCTION

This country profile describes examples of well-developed areas of the Republic of Kenya’s (hereafter referred to as Kenya) migration governance structures and areas with potential for further development, as evaluated by the six domains of the Migration Governance Indicators (MGI). These address migrants’ rights, a “whole-of-government” approach, partnerships, socioeconomic well-being of migrants, the mobility dimensions of crises, and safe and orderly migration.

Click the icons on the wheel to explore the key findings.

The Migration Governance Indicators (MGI) initiative is a policy-benchmarking programme led by the International Organization for Migration (IOM) and implemented with the support of the Economist Intelligence Unit. Funding is provided by the Government of Sweden.

Key findings
MIGRANTS’ RIGHTS

Migration Governance: Examples of well-developed areas:

  • Immigrants can apply for permanent residency after seven years of legally living and working in Kenya.
  • Immigrants who are permitted to study and/or work in the country, have access to public health services under the Kenya National Hospital fund.
  • Access to government funded primary and secondary education is provided to all children in Kenya.
  • Kenya’s Refugee Act (2006) and the Children’s Act (2001) include provisions for family reunification for refugees, asylum seekers and unaccompanied minors.

Areas with potential for further development:

  • Only Kenyan citizens aged 18 years and above who hold a Kenyan identification card or passport can vote at the county level.
  • There are restrictions on the employment of immigrants in the public sector. 
  • There are no formal bilateral agreements to facilitate the transferability or portability of social security benefits to or from Kenya.
Key findings
WHOLE-OF-GOVERNMENT APPROACH

Migration Governance: Examples of well-developed areas:

Areas with potential for further development:

  • There is scope to further mainstream regular migration data collection through collaboration with Kenya’s National Bureau of Statistics.
  • Kenya’s National Migration Policy, drafted by the National Coordination Mechanism on Migration, is yet to be formally adopted by the government.
Key findings
PARTNERSHIPS

Migration Governance: Examples of well-developed areas:

  • Kenya maintains strong partnerships and seeks cooperation on migration issues with other States through Regional Consultative Processes (RCPs). 
  • Kenya has several bilateral agreements and memorandums of understanding (MOUs) regarding migration-related issues.
  • Kenya formally engages civil society organizations in agenda-setting and the implementation of programmes on migration-related issues. 
  • The Ministry of Foreign Affairs manages engagement with the Kenyan diaspora through initiatives such as public-private partnerships and an interactive web portal for Kenyans abroad.
Key findings
WELL-BEING OF MIGRANTS

Migration Governance: Examples of well-developed areas:

  • Kenya monitors the effects of emigration on the labour market through the Ministry of Labour and Social Protection, which assesses the domestic labour supply in conjunction with external partners.
  • In 2016, the Fifth Diaspora Development Dialogue, organized by the Africa-Europe Diaspora Development Platform and Kenya’s Ministry of Foreign Affairs, adopted the Nairobi Action Plan on Remittances.

Areas with potential for further development:

  • International students attending post-secondary education in Kenya can only work during their studies if they have contracts with specific companies or professional bodies.
  • There are no government schemes to mainstream international students into the Kenyan workforce once they have graduated. 
  • There is scope for Kenya to develop further mechanisms to protect the rights and interests of its nationals abroad.
Key findings
MOBILITY DIMENSION OF CRISES

Migration Governance: Examples of well-developed areas:

  • Kenya’s National Disaster Management Unit has a disaster response strategy with provisions to address displacement in the case of disasters in the country.
  • The Kenya National Adaptation Plan 2015-2030 outlines specific climate resilience strategies related to migration.
  • Kenya has contingency plans for managing large-scale migration in times of crisis; the Government has established the National Disaster Response Plan/Manual.
  • Kenya does not discriminate in the provision of humanitarian assistance for any reason, including migration status. Such assistance is available to all and provided for free.

Areas with potential for further development:

  • Kenya’s “Vision 2030” does not include concrete measures regarding situations of displacement. 
  • Communication mechanisms to be used in times of crisis are limited and do not address specific vulnerabilities faced by migrants. 
  • The Diaspora and Consular Affairs Directorate is in the process of developing a plan for evacuating Kenyans living abroad in times of crisis.
Key findings
SAFE, ORDERLY AND REGULAR MIGRATION

Migration Governance: Examples of well-developed areas:

  • Admission and visa eligibility criteria are clearly outlined by the Kenyan authorities on the Government’s eVisa website.
  • The country’s visa application programme is fully online for non-referred visa categories, including single-entry visas, transit visas and courtesy visas.
  • The Government has a “Child Protection Integrated Information System” that includes disaggregated data on the trafficking of children and plans are underway to expand the system to capture data on the trafficking of adults.

Areas with potential for further development:

  • The country’s efforts to combat human trafficking could be strengthened. Data does not always distinguish between smuggling and trafficking. Moreover, information-sharing between national, regional and international stakeholders to combat trafficking could be improved.

2018 October

Migration Governance Profile: Republic of Kenya