The Prevention, Protection and Assistance to Internally Displaced Persons and Affected Communities

Act, 2012 (the IDP Act)

The Prevention, Protection, and Assistance to Internally Displaced Persons and Affected Communities
Act, 2012 (the IDP Act) is a Kenyan law that establishes a legal framework for the protection and
assistance of internally displaced people. IDPs are defined by the law as people or groups of individuals
who have been forced or compelled to flee or leave their homes or places of habitual residence,
particularly as a result of or in order to avoid the effects of armed conflict, generalized violence,
violations of human rights, or natural or man-made disasters, and who have not crossed an internationally
recognized State border.

It defines IDPs, sets out their rights and freedoms which include the rights to life, liberty, freedom from
discrimination, Access to basic services, including essential provisions like food, water, shelter,
healthcare, and education etc.1

The IDP Act also establishes a National Consultative Coordination Committee on Internally Displaced
Persons to coordinate and supervise the law's implementation. The Committee is made up of government,
civil society, and United Nations representatives. It is in charge of developing and implementing policies
and plans for the protection and assistance of IDPs, as well as monitoring and evaluating the IDP Act's
implementation.2

National Policy on the Protection and Assistance to Internally Displaced Persons in Kenya

This policy provides guidance on how the government and other stakeholders should implement the
Prevention, Protection and Assistance to Internally Displaced Persons and Affected Communities Act,
2012. It sets out the government's commitment to protecting and assisting IDPs, and identifies a number
of key areas for action, such as prevention of displacement, provision of humanitarian assistance, and
durable solutions.

Kenya National Commission on Human Rights (KNCHR)

The Kenya National Commission on Human Rights (KNCHR) is established and provided for under
Article 59 of the Constitution of Kenya.3

The KNCHR is an independent human rights institution tasked with promoting and protecting the human
rights of all Kenyans, including internally Displaced Persons. The KNCHR has several functions,
1
Section 4 The Prevention, Protection and Assistance to Internally Displaced Persons and Affected Communities
Act, 2012
2
Section 12 Ibid
3
Art. 59 Constitution 2010
including monitoring and investigating human rights violations, providing legal assistance to victims of
human rights violations, and advising the government on how to improve human rights protection.

Office of the United Nations High Commissioner for Refugees (UNHCR)

The UNHCR is the UN agency in charge of protecting refugees and other people who have been forcibly
displaced. The UNHCR collaborates with the Kenyan government and other partners to provide
humanitarian assistance to IDPs, advocate for their rights and freedoms, and find long-term solutions to
their displacement.