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 governance structures and areas with potential for further development, as evaluated through 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 research and analysis from the Economist Impact. Funding is provided by IOM Member States.
Key findings
Migrants' rights
Migration governance: Examples of well-developed areas
- The Refugees Act (2021) gives refugees in Kenya access to education, livelihoods and integration opportunities.
- The Independent Electoral and Boundaries Commission developed in 2021 detailed regulations and procedures to allow diaspora registration and voting in the 2022 general elections.
- The Children Act (2010) has provisions for protecting migrant children.
Areas with potential for further development
- Kenya does not have bilateral agreements on the portability of social security benefits and entitlements with other countries.
- There is no specific policy or strategy to combat hate crimes, violence and xenophobia against migrants.
Key findings
Whole of government approach
Migration governance: Examples of well-developed areas
- The National Coordination Mechanism on Migration coordinates migration initiatives at the local, national, regional and international levels by steering migration debates and dialogue.
- The government regularly collect and publish migration data through the national census, periodic surveys, and compilation of administrative data.
- Kenya is a signatory to the East African Community One Stop Border Posts Act of 2016, which regulates the establishment of border controls, and provides for the application of border control laws in the control zones of the adjoining states.
- The Kenya Institute of Migration Studies offers capacity-building programmes for migration practitioners within the region.
Areas with potential for further development
- The 2018 draft Kenya National Migration Policy has not been approved as of 2022.
- There is no evidence of vertical policy coherence efforts in migration governance in Kenya.
Key findings
Partnerships
Migration governance: Examples of well-developed areas
- The government participates in several regional consultative processes, including the Common Market for Eastern and Southern Africa and the East African Community.
- Kenya’s Central Organization of Trade Unions signed a cooperative agreement with the Kuwait Trade Union Federation in 2019 to address issues affecting workers who migrate from Kenya to Kuwait.
- The government engages civil society organizations and the private sector in national and regional migration policy consultations.
Areas with potential for further development
- The National Diaspora Council envisioned in the Kenya Diaspora Policy (2014) is not yet operating.
Key findings
Well-being of migrants
Migration governance: Examples of well-developed areas
- Kenya Labour Market Information System monitors labour market demand and provides information on the public and private sectors.
- The Kenya National Qualifications Authority sets standards for recognizing qualifications obtained inside and outside Kenya.
- Kenya has signed several bilateral labour agreements, including the 2021 agreement with the United Kingdom that aims to increase the number of professionals from the health sector to work in the UK Health Service.
Areas with potential for further development
- The draft National Labour Migration Policy updated in 2021 awaits approval by the Cabinet.
- Kenya has not ratified the International Convention on the Protection of the Rights of All Migrant Workers and Members of their Families (1990).
Key findings
Mobility dimensions of crises
Migration governance: Examples of well-developed areas
- The National Disaster Risk Management Policy of 2017 provides policy guidelines for disaster mitigation, preparedness, response and recovery.
- The Ministry of Foreign Affairs has a strategy for providing emergency services for Kenyan Citizens in the diaspora, which includesstandard mechanisms for the relocation and evacuation of Kenyan nationals to safer places or their return to Kenya.
Areas with potential for further development:
- Kenya lacks a harmonized disaster risk management legislation and institutional frameworks that address the needs of migrants before, during and after emergencies and disasters.
- The crisis communication systems are limited, uncoordinated and do not address the needs of migrants.
- There is no policy or strategy to promote sustainable reintegration of migrants who fled the country during a crisis.
Key findings
Safe, orderly and regular migration
Migration Governance: examples of well-developed areas
- Immigration officers and other migration professionals are regularly trained on current migration trends and practices.
- Migration practitioners undertake a nine-month Post Graduate Diploma in Migration Studies Course and other short-term courses provided by the Kenya Institute of Migration Studies.
- In July 2021, the Government launched the Kenya Coordinated Border Management Programme at the Kenya School of Government.
- Kenya and Ethiopia signed in 2021 an operational procedure manual for the Moyale One Stop Border Post, aimed at boosting trade and movement between the two countries.
Areas with potential for further development:
- Migrants in an irregular situation can be detained and held in general police custody and immigration holding facilities.
- There are no formal cooperation agreements in place to trace and identify missing migrants.
