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International Journal of Refugee Law Advance Access originally published online on March 16, 2007
International Journal of Refugee Law 2007 19(1):51-95; doi:10.1093/ijrl/eem006
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© The Author (2007). Published by Oxford University Press. All rights reserved. For Permissions, please e-mail: journals.permissions@oxfordjournals.org.

Past Reflections, Future Insights: African Asylum Law and Policy in Historical Perspective

Edwin Odhiambo Abuya*

Asiyesikia la mkuu huvunjika guu.,1

This article argues that an understanding of the evolution of asylum is an essential ingredient in the search for ideas and perspectives to the plight facing forced migrants. Using Kenya as a case study, the paper evaluates the extent to which procedures used to determine claims for asylum, protection outcomes and entitlements met international human rights and refugee law standards. It is contended that limited resources, porous boundaries and the mass movement of asylum seekers have compromised the level of protection offered to those who seek surrogate protection in African states like Kenya. In conclusion, critics in the area of asylum are challenged to undertake historical studies, as a way towards offering best practise lessons for those involved in the protection of persons forced to flee their home states.

* Dr. Edwin Odhiambo Abuya, Law Lecturer at the School of Law, Moi Univesity, Kenya and Advocate of the High Court of Kenya (edwinabuya@yahoo.co.uk). This article was completed when the author was at the Transitional Justice Institute, University of Ulster, UK. The author is thankful to Terri Drage, Joseph Mwaura (‘Ivor’), Henry Mutai and the reviewers of this journal for their useful comments on earlier drafts of this piece, as well as participants in the Socio-Legal Studies Association Conference (Legal History Stream), held at the University of Stirling, UK, in March 2006, for their valuable input. Thanks are also due to Salaton Leteipan for providing data on United Nations High Commissioner for Refugees (‘UNHCR’) operations in Kenya. Special thanks are given to the living God for His endless protection. This article is dedicated to the author's family, the Abuyas, who taught him the value of hard work and commitment.


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