Kenya
Regulations on entry, stay, residence, and treatment access for people living with HIV
The categories of restriction are:
- Unclear restrictions - it is not clear to what extent restrictions apply.
Restrictions on entry to Kenya
It is unclear whether Kenya imposes restrictions on short-term stay of people living with HIV.
According to UNAIDS and the US Department of State, Kenya does not have any HIV-related restrictions on entry.
According to the report produced by Kelin and AidsFonds, How the 2010 Constitution Protects HIV Related Rights, Article 39 concerning Freedom of movement, ‘allows for people to move freely inside and out of Kenya, without unnecessary restrictions. PLHIV have the right to enter, to remain in and to live anywhere in the country […] The government cannot impose restrictive measures on the movement of anyone, including PLHIV. Conducting HIV screening at borders, requiring disclosure of HIV status as a condition of immigration denying longer-term residency, or deportation of PLHIV is prohibited.’
However, it should be noted that in the list of documents required to request a visa, available on the website of the Kenyan Directorate of Immigration Services, vaccination(s) or test result certificates are requested based on the purpose of visit. It is not clear if such health certificates include HIV disclosure or testing.
Restrictions on short-term stay in Kenya
We found no evidence of any official restrictions on short-term stay in Kenya based on HIV status.
The Kenyan Directorate of Immigration Services lists supporting documents that should be included with the application for a student, work and other categories of permit and none of those documents makes reference to HIV or the general health of the applicant.
Restrictions on long-term stay in Kenya
We found no evidence of any official restrictions on long-term stay in Kenya based on HIV status.
The Kenyan Directorate of Immigration Services lists supporting documents that should be included with the application for a permanent residence and none of those documents makes reference to HIV or the general health of the applicant.
Treatment access in Kenya
The following summarises available information on access to healthcare for people living with HIV in Kenya. However, it is not clear whether non-nationals are able to access this treatment in the same way as nationals.
According to The Gap Report 2014, in Kenya ‘national AIDS strategies include programmes aimed at reaching out further to mobile populations so that they receive effective HIV prevention, treatment, care and support services.’
Sources
The HIV Justice Network's Global HIV Criminalisation Database
People living with HIV are criminalised in Kenya. There are HIV-specific criminal laws in force which target alleged HIV ‘exposure’, non-disclosure, and/or transmission. We are aware of reported prosecutions under these or other laws.
Visit the Kenya page on the Global HIV Criminalisation Database to see more information about known HIV criminalisation laws in this country, an overview of how the laws are used, and any significant advocacy developments.
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