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
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.
UNAIDS Global AIDS monitoring data
This information about access to HIV services comes from UNAIDS https://lawsandpolicies.unaids.org/, a platform to view data on HIV-related laws and policies. This is information provided by national authorities and civil society and may contradict other sources.
Migrant populations
| Laws/policies enable documented migrants to access HIV services under the same conditions as citizens | Yes |
| Laws/policies enable documented migrants to access HIV services under the same conditions as citizens implemented (countries with such laws/policies) | Yes |
| Laws/policies enable undocumented migrants to access HIV services under the same conditions as citizens | N/A |
| Laws/policies enable undocumented migrants to access HIV services under the same conditions as citizens implemented (countries with such laws/policies) | N/A |
| Migrants are able to access HIV services | Yes |
Refugees and asylum seekers
| Laws/policies enable asylum seekers to access HIV services under the same conditions as citizens | N/A |
| Laws/policies enable asylum seekers to access HIV services under the same conditions as citizens implemented (countries with such laws/policies) | N/A |
| Laws/policies enable refugees to access HIV services under the same conditions as citizens | Yes |
| Laws/policies enable refugees to access HIV services under the same conditions as citizens implemented (countries with such laws/policies) | Yes |
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This site focuses on information about HIV travel. Please also consult your own Foreign Office/Ministry of Foreign Affairs website, or the local consulate of the country you are visiting, to see what restrictions there are specifically for you as a citizen of your country, regardless of your HIV status.
