The Refugee And The Right To An Effective Remedy In International Law: A Case Study Of Dadaab, In North Eastern Kenya

ABSTRACT This study investigated the relationship between the relationship between refugees and state compliance with human rights obligations, and protection of refugees' rights under the international refugee law in Kenya, for this purpose which is to validate and test the existing information about it_ to test the hypothesis of there is no significant relationship between international law and being a refugee. The specific objectives of this study are to determine the effects of protection of refugees' rights under international refugee law, to determine the impact of the right to an effective remedy in international law, to find out how implementation of the human right to an effective remedy in a domestic setting is done. The research design of this study employed descriptive correlation design because it deals with relationship between variables. Documentation was also applied since it is a source of supportive information from agencies that deal with facts on the topic and have put them in a number of documents, reports, journals and bulletins, text books and work of other scholars whether published magazines, written data source including published and un published documents agency reports, news papers articles, internet sources, local government acts among others so as to obtain relevant information. The conclusion in which it is hoped that all questions that the study set out to answer shall be satisfactorily addressed is that International human rights law. as mentioned in the Preamble to the UDHR, aims to ensure the equality of all people that should live with all dignity and worth inherent in all human beings without any discrimination whatsoever. The primary subjects of international law being the States, they carry the responsibility to ensure that all persons within th~ir sovereign territory and under their jurisdiction do fully enjoy the rights guaranteed under international law and which the respective State has undertaken to respect, protect and fulfill. The study recommended that the government should be more humanitarian and willing to provide temporary protection to refugees, today the trend has become one of restricting entry through the tightening of border controls, enactment of restrictive migration and asylum laws. thus making it difficult for refugees to secure asylum. It's also recommended that the State should ensure that there is a remedy available to sufficiently redress the violation suffered. Where citizens have confidence in the human rights protection system of their State. there is no reason for them to flee in search of refuge in another country.