A refugee, according to the 1951 Refugee Convention , which Kenya acceded to on May 16, 1966, and as expanded by the 1967 Protocol relating to the status of refugees, is someone unable or unwilling to return to their country of nationality due to a well-founded fear of being persecuted for reasons of race, religion, nationality, membership in a particular social group, or political opinion.
Article 1(2) of the Convention governing the specific aspects of refugee problems in Africa broadens this definition to include any person who, owing to external aggression, occupation, foreign domination, or events seriously disturbing public order in either part or the whole of their country of origin or nationality, is compelled to leave their habitual residence to seek refuge in another place outside their country of origin or nationality.
In Kenyan municipal law, Section 3 of the Refugee Act,2021, defines a refugee as:
(a) A person outside their country of nationality, who, owing to a well-founded fear of persecution for reasons of race, religion, nationality, membership in a particular social group, or political opinion, is in Kenya and is unable or unwilling to avail themselves of the protection of their country of nationality or habitual residence;
(b) A person without nationality who is outside their country of habitual residence, who, owing to a well-founded fear of persecution for reasons of race, religion, nationality, membership in a particular social group, or political opinion, is in Kenya and is unable or unwilling to return to their country of habitual residence;
(c) A person who, owing to external aggression, occupation, foreign domination, or events seriously disturbing public order in either part or the whole of their country of origin or nationality, is compelled to leave their place of habitual residence to seek refuge in another place outside their country of origin or nationality;
(d) An asylum seeker.