Kenya Citizenship and Immigration Act
This Act may be cited as the Kenya Citizenship and Immigration Act.
- Jurisdiction
- Kenya
- Instrument
- Act or statute
- Citation
- Cap. 170
- Version
- 31 Dec 2022
- Language
- en
- Official source
- View official record ↗
Source attribution: Source: Kenya Law
Statute overview
About this statute
This Act may be cited as the Kenya Citizenship and Immigration Act. Section 2 provides definitions of terms used in the Act. Personal data of individuals obtained under this Act must be held and maintained in accordance with the principles of data protection set out in the Data Protection Act (Cap. 411C). A person has not attained a given age until the start of the relevant birthday anniversary. The Service must appoint a Director to oversee citizenship and immigration; the Director has listed functions (advising the Cabinet Secretary, issuing passports, designating ports, border management, residency regulation, advising on prohibited immigrants, consular services, advising the Service, research and records, and other functions directed by the Service). The Director and immigration officers must perform duties in accordance with constitutional values and principles.
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Legal text
Provisions of Kenya Citizenship and Immigration Act
Showing 69 of 69
Part I
PRELIMINARY
- 1 Verify source ↗
PRELIMINARY - 1. Short title
This Act may be cited as the Kenya Citizenship and Immigration Act.
Section 1. Short title Section This Act may be cited as the as the Kenya Citizenship and Immigration Act. - 2 Verify source ↗
PRELIMINARY - 2. Interpretation
Section 2 provides definitions of terms used in the Act.
Section 2. Interpretation Section 2(1) In this Act, unless the context otherwise requires— "application" means a request in a prescribed form made under this Act; "Board" means the Kenya Citizens and Foreign Nationals Management Service Board established under section 5 of the Kenya Citizens and Foreign Nationals Management Service Act (Cap. 171); "border" means the national borders of Kenya and includes the ports of entry, the coastlines and the outer margin of territorial waters; "Cabinet Secretary" means the Cabinet Secretary responsible for matters relating to citizenship and the management of foreign nationals; "carrier" includes any ship, boat, aircraft, wagon, truck, or any other vessel of conveyance; "certificate of registration" means a certificate of registration issued under section 18 ; "child" means any human being under the age of eighteen years; "dependant" means a person who by reason of age, disability or any status of incapacity is unable to maintain himself or herself adequately and relies on another person for his maintenance; "deportation" means the action or procedure aimed at causing an illegal foreign national to leave the country either voluntarily or compulsorily, or under detention in terms of this Act and the verb ‘to deport’ has a corresponding meaning; "director" means any person appointed as a director under section 16 of the Kenya Citizens and Foreign Nationals Management Service Act (Cap. 171); "entry" means admission into Kenya at a designated port of entry on the basis of the authority to do so validly granted under this Act; "exit" means departing Kenya from a designated port of entry in compliance with this Act; "foreign national" means any person who is not a citizen of Kenya; "foreign nationals order" means an order made by the Cabinet Secretary under section 56 ; "foreign national registration certificate" means a registration certificate issued under section 56 ; "habitual residence" means stable, factual residence of a person, in Kenya; "holding facility" means any place designated as a holding facility under section 50 of this Act; "human smuggling" means the procurement, in order to obtain, directly or indirectly a financial or other material benefit, of the illegal entry (and exit) of a foreign national into and outside Kenya; "immigration officer" means the Director and any of the persons appointed as an immigration officer under section 16 of the Kenya Citizens and Foreign Nationals Management Service Act (Cap. 171); "inadmissible person" means a person declared under section 33 (2) as an inadmissible person. "Kenya mission" includes an office of a consular officer of the Government of Kenya and where there is no such office, such other office as may be prescribed; "marriage" means a legally sanctioned conjugal relationship between a man and a woman intended to be permanent and recognized under the laws of Kenya; "pass" means a pass issued pursuant section 36 ; "passport" means a passport issued under this Act or issued by any lawful authority or government recognized by the Government of Kenya; "permit" means a permit issued under section 40 ; "permanent resident" means a person who has acquired permanent residence status under section 38 and has not subsequently lost that status; "permanent residence" means a status granted to a person under section 37 ; "piracy" has the meaning assigned under section 369 of the Merchant Shipping Act (Cap. 389); "premises" means any building, structure, enclosure or tent together with or without the land on which it is situated and the adjoining land used in connection with it and includes any land without any building structure or tent and any vehicle, conveyance, vessel or ship; "prohibited immigrant" means a person declared as a prohibited immigrant under section 33 (1); "port" means a designated place where a person has to report before he or she may move, sojourn, enter, exit or remain within the country; "Service" means the Kenya Citizens and Foreign Nationals Management Service established under the Kenya Citizens and Foreign Nationals Management Service Act (Cap. 171); "stateless person" means a person who is not recognized as a citizen by any state under the operation of the laws of any state; "travel document" means a document issued under this Act or issued by any lawful authority or government recognized by the Government of Kenya for the purpose of travel; "trafficking in persons" has the meaning assigned to it by section 3 of the Counter Trafficking in Persons Act (Cap. 61); "visa" means a visa issued under this Act or issued by any lawful authority or government recognized by the Government of Kenya. Section 2(2) Spent . - 3 Verify source ↗
PRELIMINARY - 3. Age
A person has not attained a given age until the start of the relevant birthday anniversary.
Section 3. Age Section For the purposes of this Act, a person is considered not to have attained a given age until the commencement of the relevant anniversary of the day of his birth. - 3A Verify source ↗
PRELIMINARY - 3A. Personal data of individuals
Personal data of individuals obtained under this Act must be held and maintained in accordance with the principles of data protection set out in the Data Protection Act (Cap. 411C).
Section 3A. Personal data of individuals Section Personal data of individuals obtained under this Act shall be held and maintained in accordance with the principles of data protection set out in the Data Protection Act (Cap. 411C). [Act No. 24 of 2019 , 2nd Sch.]
Part II
ADMINISTRATION
- 4 Verify source ↗
ADMINISTRATION - 4. Appointment and functions of Director
The Service must appoint a Director to oversee citizenship and immigration; the Director has listed functions (advising the Cabinet Secretary, issuing passports, designating ports, border management, residency regulation, advising on prohibited immigrants, consular services, advising the Service, research and records, and other functions directed by the Service). The Director and immigration officers must perform duties in accordance with constitutional values and principles.
Section 4. Appointment and functions of Director Section 4(1) The Service shall appoint a Director to be in charge of citizenship and immigration matters. Section 4(2)(a) advising the Cabinet Secretary on matters relating to grant and loss of citizenship; Section 4(2)(b) the issuance of passports and other travel documents; Section 4(2)(c) designating ports and points of entry and exit; Section 4(2)(d) border management including the control and regulation of entry and exit of all persons at ports and points of entry and exit; Section 4(2)(e) the control and regulation of residency; Section 4(2)(f) advising the Cabinet Secretary on declaration and removal of prohibited immigrants and inadmissable persons; Section 4(2)(g) provision of consular services at missions abroad; Section 4(2)(h) advising the Service on citizenship and immigration matters; Section 4(2)(i) conducting research, collection and analysis of data and management of records; and Section 4(2)(j) performing any other functions as may be directed by the Service. Section 4(3) The Director and all immigration officers under his or her charge shall perform their duties in accordance with the values and principles prescribed in the Constitution. [Act No. 12 of 2012 , Sch.] - 5 Verify source ↗
ADMINISTRATION - 5. Appointment of immigration officers
The Service must appoint such immigration officers as are necessary to carry out the provisions of this Act.
Section 5. Appointment of immigration officers Section The Service shall appoint such immigration officers as may be necessary for the carrying out of the provisions of this Act. - 5A Verify source ↗
ADMINISTRATION - 5A. Establishment of Committee
Establishes the Border Control and Operations Co-ordination Committee and lists its membership.
Section 5A. Establishment of Committee Section 5A(1) There is established a Committee to be known as the Border Control and Operations Co-ordination Committee. Section 5A(2)(a) the Principal Secretary to the Ministry responsible for national security who shall be the chairperson; Section 5A(2)(b) the Principal Secretary to the Ministry responsible for health; Section 5A(2)(c) the Commissioner-General of the Kenya Revenue Authority; Section 5A(2)(d) the Director of Immigration; Section 5A(2)(e) the Inspector-General of the National Police Service; Section 5A(2)(f) the Director of the Kenya Airports Authority; Section 5A(2)(g) the Managing Director of the Kenya Ports Authority; Section 5A(2)(h) the Director-General of the Kenya Maritime Authority; Section 5A(2)(i) the Director-General of the National Intelligence Service; Section 5A(2)(j) the Director of the Kenya Plant Health Inspectorate Service; and Section 5A(2)(k) the Managing Director of the Kenya Bureau of Standards; and - 5B Verify source ↗
ADMINISTRATION - 5B. Functions of the Committee
The Committee is assigned functions to manage and oversee operations at designated entry and exit points, including policy formulation, information coordination, standards compliance, oversight, and designation of coordinating officers; it may also perform other functions conferred by law.
Section 5B. Functions of the Committee Section 5B(1)(a) formulate policies and programmes for the management and control of designated entry and exit points; Section 5B(1)(b) co-ordinate the exchange of information between the respective agencies responsible for the security and management of the borders at the designated entry and exit points; Section 5B(1)(c) ensure compliance with standards by the respective agencies to ensure the effective and efficient management of operations at the designated entry and exit points; Section 5B(1)(d) exercise oversight authority over the operations of the respective agencies at the designated entry and exit points; and Section 5B(1)(e) perform such other functions as may be conferred on it by this Act or any other written law. Section 5B(2) The Committee may designate at least three public officers from the respective agencies to coordinate and monitor the operations of the respective agencies at the designated entry and exit points. [Act No. 19 of 2014 , s. 75.] - 5C Verify source ↗
ADMINISTRATION - 5C. Sub-committees of the Committee
The Committee may establish sub-committees and inter-agency units as needed, and may co-opt public officers into those sub-committees when their participation is necessary for the Committee's functions.
Section 5C. Sub-committees of the Committee Section 5C(1) The Committee may, from time to time, establish such sub-committees and such other inter-agency units as it may consider necessary for the better carrying out of its functions under this Act. Section 5C(2) The Committee may co-opt into the sub-committees established under subsection (1) public officers whose participation is necessary for the proper performance of the functions of the Committee. [Act No. 19 of 2014 , s. 75, Act No. 25 of 2015 , Sch.] - 5D Verify source ↗
ADMINISTRATION - 5D. Report to the National Security Council
Requires a report on its activities and operations during that year to the National Security Council.
Section 5D. Report to the National Security Council Section a report on its activities and operations during that year; and
Part III
CITIZENSHIP
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CITIZENSHIP - 10. Regaining citizenship
Allows former Kenyan citizens by birth who lost citizenship by acquiring another country's citizenship to apply to the Cabinet Secretary to regain Kenyan citizenship; the Cabinet Secretary must register the application, keep a record, issue a certificate after registration, and may issue extracts of the register subject to prescribed fees.
Section 10. Regaining citizenship Section 10(1) A person who was a citizen of Kenya by birth and who ceased to be a citizen of Kenya because he or she acquired the citizenship of another country may apply in the prescribed manner, to the Cabinet Secretary to regain Kenyan citizenship. Section 10(2)(a) proof of applicant’s previous Kenyan citizenship; Section 10(2)(b) proof of citizenship of the other country. Section 10(3) Upon receipt of an application made under subsection (1), the Cabinet Secretary shall cause the application to be registered and keep a record of such application. Section 10(4) The Cabinet Secretary shall after registering an application, issue a certificate in a prescribed form to the applicant. Section 10(5) The Cabinet Secretary may issue an extract of the register to the applicant and such further extracts to such third parties as shall be entitled upon application and payment of such fees as may be prescribed. - 11 Verify source ↗
CITIZENSHIP - 11. Citizenship by marriage
Citizenship by marriage applies when the marriage was solemnized under a system of law recognized in Kenya, whether the ceremony was in Kenya or outside Kenya.
Section 11. Citizenship by marriage Section the marriage was solemnized under a system of law recognized in Kenya, whether solemnized in Kenya or outside Kenya; - 12 Verify source ↗
CITIZENSHIP - 12. Widows and widowers
A foreign national who was married to a citizen (who would have been entitled after seven years) is deemed lawfully present for the remaining part of the seven years and may register as a citizen after the seven-year period, subject to section 11(a)-(d); marrying a non-citizen before seven years ends removes entitlement.
Section 12. Widows and widowers Section 12(1) A foreign national who has been married to a citizen who but for the death of the citizen would have been entitled, after a period of seven years, to be registered as a citizen of Kenya under section 11 , shall be deemed to be lawfully present in Kenya for the unexpired portion of the seven years and shall be eligible for registration as a citizen on application in the prescribed manner upon expiry of the seven year period. Section 12(2) The conditions for registration provided in section 11 (a) to (d) shall apply to a widow or widower who has applied for registration under this section. Section 12(3) A widow or widower who marries a non-citizen before the expiry of the period of seven years shall not be entitled to acquire citizenship by registration under this section. - 13 Verify source ↗
CITIZENSHIP - 13. Lawful residence
Section 13 lists criteria for lawful residence and registration and states that the Cabinet Secretary shall not register an applicant if, at the date of application, the applicant’s country of citizenship is at war with Kenya.
Section 13. Lawful residence Section 13(1)(a) has been ordinarily resident in Kenya for a period of seven years, immediately preceding the date of application; Section 13(1)(b) has been a resident under the authority of a valid permit or has been exempted by the Cabinet Secretary, in accordance with section 34 (3)(h) and who is not enjoying the privileges and immunities under the Privileges and Immunities Act ( Cap. 179 ); Section 13(1)(c) has resided in Kenya throughout the period of twelve months immediately preceding the date of the application; Section 13(1)(d) has an adequate knowledge of Kenya and of the duties and rights of citizens as contained in this Act; Section 13(1)(e) is able to understand and speak Kiswahili or a local dialect; Section 13(1)(f) understands the nature of the application under subsection (1); Section 13(1)(g) has not been convicted of an offence and sentenced to imprisonment for a term of three years or longer; Section 13(1)(h) satisfies the Cabinet Secretary that he or she intends to reside in Kenya after registration; Section 13(1)(i) has been determined, through an objective criteria, and the justification made, in writing, that he or she has made or is capable of making a substantive contribution to the progress or advancement in any area of national development within Kenya; and Section 13(1)(j) is not an adjudged bankrupt. Section 13(2) The Cabinet Secretary shall not register an applicant as a citizen of Kenya under this section if at the date of making the application applicant’s country of citizenship is at war with Kenya. Section 13(3)(a) production of documents conferring Kenyan citizenship to any of the parents; Section 13(3)(b) production of the child’s birth certificate; and Section 13(3)(c) proof of lawful residence of the child in Kenya. Section 13(4)(a) production of documents conferring Kenyan citizenship to any of the parents or the legal guardian; Section 13(4)(b) production of the child’s or the person with disability’s birth certificate; and Section 13(4)(c) proof of lawful residence of the child or person with disability in Kenya. - 14 Verify source ↗
CITIZENSHIP - 14. Adopted children
Mentions the production of proof of the Kenyan citizenship of the adopting parent.
Section 14. Adopted children Section the production of proof of the Kenyan citizenship of the adopting parent; - 15 Verify source ↗
CITIZENSHIP - 15. Stateless persons
Lists eligibility criteria for stateless persons (knowledge of Kiswahili or a local dialect; no conviction with 3+ years imprisonment; intent to permanently reside in or maintain close association with Kenya upon registration; understanding rights and duties of a citizen) and requires applications to be made within seven years from commencement, extendable by the Cabinet Secretary by three years.
Section 15. Stateless persons Section 15(1)(a) has adequate knowledge of Kiswahili or a local dialect; Section 15(1)(b) has not been convicted of an offence and sentenced to imprisonment for a term of three years or longer; Section 15(1)(c) intends upon registration as a citizen to continue to permanently reside in Kenya or to maintain a close and continuing association with Kenya; and Section 15(1)(d) the person understands the rights and duties of a citizen. Section 15(2) Applications under this section shall be made within a period of seven years from the date of commencement of this Act and may by notice in the gazette be extended by the Cabinet Secretary for an additional period of three years. [Act No. 11 of 2017 , Sch.] - 16 Verify source ↗
CITIZENSHIP - 16. Migrants
Section 16 lists criteria for migrants (subsections (1)(a)–(e)) including lack of other-country identification, knowledge of Kiswahili or a local dialect, no conviction with imprisonment three years or longer, intent to reside or maintain association with Kenya, and understanding rights and duties; subsection (2) requires applications under the section to be made within seven years from commencement and allows the Cabinet Secretary, by gazette notice, to extend by three years.
Section 16. Migrants Section 16(1)(a) does not hold a passport or an identification document of any other country; Section 16(1)(b) has adequate knowledge of Kiswahili or a local dialect; Section 16(1)(c) has not been convicted of an offence and sentenced to imprisonment for a term of three years or longer; Section 16(1)(d) intends upon registration as a citizen to continue to permanently reside in Kenya or to maintain a close and continuing association with Kenya; and Section 16(1)(e) the person understands the rights and duties of a citizen. Section 16(2) Applications under this section shall be made within a period of seven years from the date of commencement of this Act and may by notice in the gazette be extended by the Cabinet Secretary for an additional period of three years. [Act No. 11 of 2017 , Sch.] - 17 Verify source ↗
CITIZENSHIP - 17. Descendants of stateless persons and migrants
Section 17 lists criteria applicants (the person) must meet to register as citizens (clauses (a)–(g)) and allows the Cabinet Secretary to grant citizenship to certain migrants who moved to Kenya after 1963 if they meet other requirements under sections 15 or 16.
Section 17. Descendants of stateless persons and migrants Section 17(1)(a) there is sufficient proof that the parents of that person fall within the class of persons referred to in section 15 and 16 of this Act; Section 17(1)(b) the person was born in Kenya and has been continuously living in Kenya since birth; Section 17(1)(c) the person does not hold and has never held a passport or identification documents of any other country; Section 17(1)(d) the person understands and speaks Kiswahili or a local dialect; Section 17(1)(e) has not been convicted of an offence and sentenced to imprisonment for a term of three years or longer; Section 17(1)(f) the person intends upon registration as a citizen to continue to permanently reside in Kenya or to maintain a close and continuing association with Kenya; and Section 17(1)(g) the person understands the rights and duties of a citizen. Section 17(2) The Cabinet Secretary may for sufficient reason grant citizenship to individuals or children or dependants of individuals who are citizens of other countries and who voluntarily migrated to Kenya after 1963, and who, though they are holders of passports or identification documents of any other country, satisfy all the other requirements under section 15 or 16 of this Act. [Act No. 12 of 2012 , Sch.] - 18 Verify source ↗
CITIZENSHIP - 18. Effect of registration
A person who qualifies for registration as a Kenyan citizen and takes the prescribed oath or affirmation or allegiance is entitled to be issued a certificate of registration as a citizen of Kenya.
Section 18. Effect of registration Section A person who qualifies to be registered as a citizen of Kenya under this Act, shall upon taking the oath or affirmation or allegiance, in the prescribed manner, be issued with a certificate of registration as a citizen of Kenya. - 19 Verify source ↗
CITIZENSHIP - 19. Voluntary renunciation of Kenyan citizenship
The Cabinet Secretary must register a properly made declaration of renunciation; the Cabinet Secretary may withhold registration during war and must not register if it is against Kenya's interests or would render the person stateless; registration makes the person cease to be a Kenyan citizen; renouncers must surrender citizen documents and agencies must acknowledge receipt in writing.
Section 19. Voluntary renunciation of Kenyan citizenship Section 19(1) Where a Kenyan citizen by birth or registration voluntarily makes a declaration of renunciation of Kenyan citizenship, in the prescribed manner, the Cabinet Secretary shall cause the declaration to be registered. Section 19(2)(a) he or she is satisfied of the identity and place of residence of the applicant; and Section 19(2)(b) he or she has duly informed the person renouncing the citizenship of the implications of such renunciation. Section 19(3) The Cabinet Secretary may withhold the registration of any declaration of renunciation made when Kenya is at war with another country. Section 19(4) The Cabinet Secretary shall not register a declaration of renunciation if the Cabinet Secretary is satisfied that it would not be in the interests of Kenya to do so or if in his opinion the renunciation is likely to render the applicant stateless. Section 19(5) Upon the registration of a declaration of renunciation made in accordance with this section, the person who made it shall cease to be a Kenya citizen. Section 19(6) Any citizen who renounces his or her Kenya citizenship shall immediately surrender all documents identifying them as a citizen to the relevant Government agency. Section 19(7) A Government agency that receives documents surrendered under subsection (6) shall acknowledge receipt of the documents, in writing. [Act No. 11 of 2017 , Sch.] - 20 Verify source ↗
CITIZENSHIP - 20. Voluntary renunciation of citizenship of another country
Foreign nationals applying to register as Kenyan citizens must state in their application whether they intend to renounce other citizenship; those who indicated intention must provide evidence to the Cabinet Secretary within ninety days after registration; failure to do so means they are deemed dual citizens; the Cabinet Secretary has power to refuse registration of such renunciation in wartime or if contrary to public policy.
Section 20. Voluntary renunciation of citizenship of another country Section 20(1) A foreign national who applies for registration as a citizen of Kenya shall indicate in the application whether he or she intends to renounce the citizenship of the other country. Section 20(2) If a foreign national who had indicated his intention to renounce the citizenship of the other country under subsection (1), shall, within ninety days after being registered as a citizen of Kenya, avail to the Cabinet Secretary evidence of renunciation of the citizenship of the other country. Section 20(3) A person who does not avail the evidence of renunciation as required in subsection (2) shall be deemed to be a dual citizen. Section 20(4) The Cabinet Secretary may refuse to register any such renunciation if it is made during any period of war in which Kenya may be engaged in with the country referred to in the application or if, in his opinion it is otherwise contrary to public policy. - 21 Verify source ↗
CITIZENSHIP - 21. Revocation of citizenship
The Cabinet Secretary may revoke registered citizenship on certain grounds; must notify and allow representation, may revoke and enter revocation in the register; must notify within 14 days of revocation; aggrieved persons may appeal to the High Court within 30 days and are deemed lawfully present while an appeal is pending; revoked persons must surrender identification and failing to do so is an offence.
Section 21. Revocation of citizenship Section 21(1) The Cabinet Secretary may, where there is sufficient proof and on recommendation of the Citizenship Advisory Committee, revoke any citizenship acquired by registration on the grounds specified in Article 17 of the Constitution. Section 21(2) The Cabinet Secretary shall by notice, in writing, inform any person whose citizenship is due for revocation of the intention to revoke his or her citizenship giving reasons for the intended revocation. Section 21(3) The Cabinet Secretary shall give a person who has been given a notice under subsection (2) an opportunity to present the reasons why his or her citizenship should not be revoked. Section 21(4) The Cabinet Secretary may after considering the presentations made under subsection (3) revoke the citizenship and cause the revocation to be entered into the register for revocation of citizenship. Section 21(5) The Cabinet Secretary shall within fourteen days of revocation notify the person of the decision to revoke his or her citizenship giving the reasons for the revocation. Section 21(6) A person who is aggrieved by the decision of the Cabinet Secretary’s to revoke his citizenship may within thirty days after receipt of communication on the revocation appeal to the High Court. Section 21(7) Where an appeal has been filed under subsection (6), the person who has appealed shall be deemed to be lawfully present in Kenya until the appeal is determined. Section 21(8) Where an appeal to the High Court is not allowed, the person may appeal to the Court of Appeal and the Supreme Court and such person may not be removed from Kenya until he has exhausted all the avenues of appeal. Section 21(9) A person whose citizenship is revoked by the Cabinet Secretary shall cease to be a citizen of Kenya on the date of the revocation or in any case upon exhaustion of appeal. Section 21(10) The documents of identification that had been previously issued to a person whose citizenship has been revoked shall become invalid on the date of revocation and the holder shall surrender them immediately after the revocation of citizenship is communicated. Section 21(11) A person who does not surrender the documents of identification commits an offence. Section 21(12) The renunciation by any person of his or her Kenyan citizenship or the revocation of citizenship shall not relieve that person from his personal obligations or any liability that had accrued before such renunciation or revocation of his or her citizenship. - 6 Verify source ↗
CITIZENSHIP - 6. Citizenship by birth
The term "citizen by birth" has the meaning given in Article 14 and clause 30 of the Sixth Schedule of the Constitution.
Section 6. Citizenship by birth Section A citizen by birth will carry the same meaning as provided in Article 14 as read together with clause 30 of the Sixth Schedule of the Constitution. - 7 Verify source ↗
CITIZENSHIP - 7. Limitation as to descent
A person born outside Kenya is entitled to be a citizen by birth if, on their date of birth, either their mother or father was or is a citizen.
Section 7. Limitation as to descent Section A person born outside Kenya shall be a citizen by birth if on the date of birth that person’s mother or father was or is a citizen. [Act No. 19 of 2014 , s. 76.] - 8 Verify source ↗
CITIZENSHIP - 8. Dual citizenship
Dual citizens must disclose other citizenship within three months; they remain entitled to Kenyan citizenship (subject to constitutional limits), may get passports and other citizen rights, must use passports as prescribed, owe allegiance to Kenya, and certain misuse or failure to disclose are offences punishable by up to a fine of five million shillings or up to three years' imprisonment.
Section 8. Dual citizenship Section 8(1) A citizen of Kenyan by birth who acquires the citizenship of another country shall be entitled to retain the citizenship of Kenya subject to the provisions of this Act and the limitations, relating to dual citizenship, prescribed in the Constitution. Section 8(2) A dual citizen shall, subject to the limitations contained in the Constitution, be entitled to a passport and other travel documents and to such other rights as shall be the entitlement of citizens. Section 8(3) Every dual citizen shall disclose his or her other citizenship in the prescribed manner within three months of becoming a dual citizen. Section 8(4) A dual citizen who fails to disclose the dual citizenship in the prescribed manner commits an offence and shall be liable, on conviction, to a fine not exceeding five million shillings or imprisonment for a term not exceeding three years or both. Section 8(5) A dual citizen who uses the dual citizenship to gain unfair advantage or to facilitate the commission of or to commit a criminal offence, commits an offence and shall be liable, on conviction, to a fine not exceeding five million shillings or imprisonment for a term not exceeding three years or both. Section 8(6) A dual citizen who holds a Kenyan passport or other travel document and the passport or other travel document of another country shall use any of the passports or travel documents in the manner prescribed in the Regulations. Section 8(7) A dual citizen shall owe allegiance and be subject to the laws of Kenya. - 9 Verify source ↗
CITIZENSHIP - 9. Citizenship by Presumption for foundlings
Foundlings: persons who find a child under eight whose parents and nationality are unknown must present the child to the government department responsible for children (or nearest government department/agency); responsible departments must investigate and, if origin cannot be determined, present child to Children’s Courts, which may order the child presumed a citizen and direct registration; assisting abandonment to confer citizenship is an offence punishable by fine up to ten million shillings or up to ten years' imprisonment or both.
Section 9. Citizenship by Presumption for foundlings Section 9(1) Any person who finds a child who is or appears to be less than eight years of age, and whose nationality and parents are not known shall present the child to the Government department dealing with matters relating to children and where there is no such department, present the child to the nearest Government department or agency. Section 9(2) Where a child is received by a Government department or agency that is not responsible for matters relating to children, the department or agency shall immediately report and present the child to the Government department responsible for matters relating to children. Section 9(3) The Government department responsible for matters relating to children shall undertake the necessary investigations including, subject to the rights of the child under any written law, the use of media to determine origin of the child. Section 9(4) If the Government department responsible for matters relating to children fails to determine the origin and identity of the child in question, it shall present the child found to the Children’s Courts and take out proceedings for the determination of the age, nationality, residence and the parentage of the child. Section 9(5) The court shall after determining the adequacy of the efforts undertaken by the Government department responsible for matters relating to children, issue an order directing that such a child be presumed to be a citizen by birth or any other order that it deems fit to grant. Section 9(6) Where the court makes an order that the child be presumed to be a citizen by birth, it may direct the Director to register the child in the register of children presumed citizen by birth. Section 9(7) Any person who brings into Kenya, conspires, assists or facilitates the abandoning of a child with the intention of conferring citizenship on the child commits an offence and is liable, on conviction, to a fine not exceeding ten million shillings or imprisonment for a term not exceeding ten years or to both.
Part IV
RIGHTS AND DUTIES OF CITIZENS
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RIGHTS AND DUTIES OF CITIZENS - 22. Rights of citizens
Citizens are entitled to enter, exit, remain in and reside anywhere in Kenya.
Section 22. Rights of citizens Section the right to enter, exit, remain in and reside anywhere in Kenya; - 23 Verify source ↗
RIGHTS AND DUTIES OF CITIZENS - 23. Duties of citizens
Citizens owe full allegiance to the State and the Constitution of Kenya.
Section 23. Duties of citizens Section owe full allegiance to the State and the Constitution of Kenya;
Part V
PASSPORTS AND OTHER TRAVEL DOCUMENTS
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PASSPORTS AND OTHER TRAVEL DOCUMENTS - 24. Persons entitled to passports and other travel documents
Every citizen is entitled to be issued a passport or other travel documents upon application; passports remain government property; holders must keep passports in their possession until lawful withdrawal, suspension or confiscation; the Cabinet Secretary may prescribe passport information.
Section 24. Persons entitled to passports and other travel documents Section 24(1) Every citizen is, subject to this Act, entitled upon application, in the prescribed manner, to be issued with a passport or other travel documents to facilitate international travel. Section 24(2) A passport or travel document issued under this Act shall remain the property of the Government of Kenya. Section 24(3) Notwithstanding subsection (2), a passport validly issued under this Act must remain in the possession of its holder until such time as there is lawful cause for its withdrawal, suspension or confiscation. Section 24(4) The Cabinet Secretary may subject to the Constitution and subject subsection (1), prescribe the information to be provided in a passport or travel document. - 25 Verify source ↗
PASSPORTS AND OTHER TRAVEL DOCUMENTS - 25. Types of passports and other travel documents
Section lists the types of passports and other travel documents and gives the Cabinet Secretary power to make regulations on their form and to declare other documents to be travel documents.
Section 25. Types of passports and other travel documents Section 25(1)(a) Ordinary passport, issued on application to any citizen of Kenya; Section 25(1)(b) Diplomatic passport, issued to such persons as may be prescribed in Regulations; Section 25(1)(c) East African Passport, issued to a citizen of Kenya who intends to travel within the Partner States in East African Community; Section 25(1)(d) Temporary passport, issued to any citizen of Kenya who for special circumstances cannot travel on an ordinary passport; Section 25(1)(e) Emergency Travel Document, issued to a citizen of Kenya who is stranded outside Kenya or is being deported; Section 25(1)(f) Certificate of Identity and Nationality, issued to a person other than a citizen of Kenya who cannot obtain a passport from the country of citizenship for the purpose of traveling outside Kenya; Section 25(1)(g) Temporary Permit, issued to a citizen of Kenya who intends to travel within the East African Community Partner States or to such States as may be prescribed by the Cabinet Secretary; and Section 25(1)(h) Travel Document issued subject to the provisions of the Refugees Act (Cap. 173), and any other Humanitarian Convention. Section 25(2) The Cabinet Secretary may make regulations prescribing the form of passport and other travel documents. Section 25(3) Notwithstanding the provisions of subsection (1), the Cabinet Secretary may after consultations with relevant agencies, by order, in the Gazette , declare any other document to be a travel document for the purpose of this Act. - 26 Verify source ↗
PASSPORTS AND OTHER TRAVEL DOCUMENTS - 26. Validity of passports and other travel documents
Specifies which passports, temporary passports, certificates of identity and nationality, and refugee travel documents are valid for travel and states maximum validity periods for each (ten years or five years for children; one year for temporary passports; two years for certificates; five years for refugee travel documents), and locations of travel (all countries, partner states, specified exceptions, transit).
Section 26. Validity of passports and other travel documents Section 26(1)(a) for use in all countries in the world, except for any countries specified in the passport; and Section 26(1)(b) for a period that does not exceed ten years from the date of issue, and in the case of children for a period not exceeding five years. Section 26(2)(a) use in all Partner States in the East African Community or for such other countries as may be prescribed by the Cabinet Secretary; Section 26(2)(b) a period not exceeding ten years from the date of issue, and in the case of children for a period not exceeding five years. Section 26(3)(a) use in all countries in the world, except for any countries specified in the temporary passport in respect of which it is stated not to be valid; and Section 26(3)(b) a period not exceeding one year from the date of issue. Section 26(4)(a) travel to Kenya and other countries of transit; and Section 26(4)(b) a single journey for a period stated therein; Section 26(5) A Certificate of Identity and Nationality is valid for travel to all countries stated therein and shall be valid for a period not exceeding two years from the date of issue. Section 26(6)(a) travel in all partner states in the East African Community or for such other countries as may be prescribed by the Cabinet Secretary; and Section 26(6)(b) a period not exceeding one year from the date of issue. Section 26(7) Travel Document issued to a refugee shall be valid for travel to all countries except the country of the holder’s nationality and shall be valid for a period of five years. - 27 Verify source ↗
PASSPORTS AND OTHER TRAVEL DOCUMENTS - 27. Application for and issuance of passports and other travel documents
Section 27 requires an applicant to appear in person before an immigration officer and to apply in the prescribed manner; immigration officers must issue or replace passports and other travel documents; the Director may, in special circumstances, dispense with personal appearance.
Section 27. Application for and issuance of passports and other travel documents Section 27(1) An application for issuance or replacement of a passport or other travel document shall be in the prescribed form. Section 27(2) A person who wishes to apply for a passport shall appear in person before an immigration officer and make an application in the prescribed manner: Provided that in special circumstance the Director may use his discretion to dispense with personal appearance. Section 27(3)(a) the birth certificate or adoption certificate of the applicant; Section 27(3)(b) the national identity card of the applicant; or Section 27(3)(c) a certificate of registration or naturalization, where applicable; or Section 27(3)(d) service identity cards for members of the Defence Force; Section 27(3)(e) passport size photographs as may be determined in Regulations; Section 27(3)(f) in case of an applicant who is a child or with a disability that renders them dependent, the parent’s or legal guardian’s written consent; Section 27(3)(g) the prescribed fee; and Section 27(3)(h) such other documentation or information as the Director may require to ascertain the citizenship status of the applicant. Section 27(4) An immigration officer shall, subject to this Act, issue or replace passports and other travel documents to any applicant. Section 27(5) A passport or a travel document issued under this Act shall contain information prescribed by the Cabinet Secretary. [Act No. 11 of 2017 , Sch.] - 28 Verify source ↗
PASSPORTS AND OTHER TRAVEL DOCUMENTS - 28. Application for replacement of a passport and other travel document
If a passport holder needs a replacement or wants to change particulars, the holder must apply in the prescribed manner; an application will not be considered unless it is accompanied by the passport or travel document held by the applicant.
Section 28. Application for replacement of a passport and other travel document Section 28(1) Where the holder of a passport or other travel document requires a replacement of the passport or travel document or wishes to change the particulars in the passport or travel document, the holder shall apply in the prescribed manner. Section 28(2) An application made under subsection (1) shall not be considered unless accompanied by the passport or travel document that is being held by the applicant. Section 28(3) Upon issuance of a new passport or travel document the previously issued passport or travel document shall be cancelled. - 29 Verify source ↗
PASSPORTS AND OTHER TRAVEL DOCUMENTS - 29. Lost, stolen mutilated or damaged passport
If a passport or travel document is lost, stolen, mutilated or damaged, the holder must report it; immigration officers must notify relevant offices and may issue replacements (including abroad) when the applicant complies and may apply and pay the prescribed fee.
Section 29. Lost, stolen mutilated or damaged passport Section 29(1) Where a passport or travel document is lost or stolen, the holder shall report the loss or theft to the nearest police station and immigration office or if outside the country, to the nearest Kenya mission. Section 29(2) The immigration officer shall upon receiving information of the loss or theft of the passport or travel document, notify all immigration offices, Kenya missions abroad and other relevant authorities, of the loss or theft of the passport or travel document. Section 29(3) Any person whose passport or travel document is lost, stolen, mutilated or damaged may apply for replacement, in the prescribed form and pay the prescribed fee. Section 29(4) An application under subsection (3) shall be accompanied by a statutory declaration or a sworn affidavit of the circumstances surrounding the loss, theft, mutilation or damage of the passport or travel document. Section 29(5) The immigration officer may, where a passport or travel document is lost, stolen, mutilated or damaged outside Kenya, issue or cause to be issued a passport or travel document upon the applicant complying with the provisions of subsections (3) and (4) as far as is reasonably possible. - 30 Verify source ↗
PASSPORTS AND OTHER TRAVEL DOCUMENTS - 30. Rejection of an application for a passport or other travel document
If an application for a passport or other travel document is rejected, the immigration officer must give the applicant written reasons within fourteen days.
Section 30. Rejection of an application for a passport or other travel document Section 30(1)(a) is not a citizen in the case of an application for passport; Section 30(1)(b) does not qualify under the provision of this Act in the case of other Travel Documents; Section 30(1)(c) gives false material information for the purpose of obtaining a passport or other travel document; or Section 30(1)(d) submits an incomplete application. Section 30(2) Where an application for passport or other travel document has been rejected, the immigration officer shall within fourteen days give the reasons for rejection to an applicant, in writing. - 31 Verify source ↗
PASSPORTS AND OTHER TRAVEL DOCUMENTS - 31. Confiscation or suspension of a passport or travel document
Immigration officers may suspend or confiscate passports for specified reasons; they must notify the holder in writing within seven days and may require surrender; the holder must surrender within 21 days of service; the passport becomes null and void if not surrendered after 21 days; an aggrieved person may appeal to the High Court within 14 days.
Section 31. Confiscation or suspension of a passport or travel document Section 31(1)(a) the holder permits another person to use his passport or travel document; Section 31(1)(b) the holder has been deported or repatriated to Kenya at the expense of the Government; Section 31(1)(c) the holder is convicted for drug trafficking, money laundering, trafficking in persons and smuggling, acts of terrorism or any other international crime; Section 31(1)(d) a warrant of arrest has been issued against the holder and there is a risk of absconding; Section 31(1)(e) the holder is a person against whom there is a court order restricting movement or authorizing denial, confiscation, or suspension of the passport or travel document; Section 31(1)(f) the holder is involved in passport or document fraud, passport or document forgery or transnational crimes; Section 31(1)(g) it is necessary to examine the passport or travel document for a period not exceeding seven days; and Section 31(1)(h) subject to the Constitution, any other circumstances which in the opinion of the Director would be prejudicial to the interest of the State or holder of the passport. Section 31(2) The immigration officer shall, on suspending or confiscating the passport or travel document in accordance with subsection (1), inform the holder, in writing, within seven days, citing the reason, and may require him to surrender the passport or travel document. Section 31(3) Upon being served with a notice under subsection (2), the holder shall within twenty one days of service, surrender the passport or travel document to the nearest immigration office or an authorized agent. Section 31(4) Where the holder of a passport or travel document fails to surrender the passport or travel document as required under subsection (3), it shall become null and void after the expiry of twenty one days from the date of service of the notice to surrender the passport or travel document. Section 31(5) A person who is aggrieved by the decision to suspend or confiscate their passport may, within fourteen days of the receipt of written notice of such suspension or confiscation, file an appeal to the High Court. [Act No. 19 of 2014 , s. 77.] - 32 Verify source ↗
PASSPORTS AND OTHER TRAVEL DOCUMENTS - 32. Passports and travel documents to be evidence of citizenship and domicile
A passport is prima facie evidence of the holder’s citizenship or domicile and of the holder’s entitlement to state protection.
Section 32. Passports and travel documents to be evidence of citizenship and domicile Section 32(1) A passport shall be prima facie evidence of the citizenship or domicile of the holder, as the case may be, and of their entitlement to state protection. Section 32(2) Notwithstanding subsection (1), possession of a passport or travel document does not bar inquiry, investigation or judicial proceedings pertaining to the validity of the passport.
Part VI
IMMIGRATION CONTROL
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IMMIGRATION CONTROL - 33. Prohibited Immigrants and inadmissible persons
Section 33 lists classes of persons who are prohibited immigrants or inadmissible and grants the Cabinet Secretary powers to make regulations and to review and an immigration officer permission to issue temporary passes for prohibited or inadmissible persons.
Section 33. Prohibited Immigrants and inadmissible persons Section 33(1)(a) has been convicted in Kenya or any country of an offence created under a statute for which a sentence of imprisonment is for a minimum term of three years; Section 33(1)(a)(i) has been convicted in Kenya or any country of an offence created under a statute for which a sentence of imprisonment is for a minimum term of three years; Section 33(1)(a)(ii) has been acquitted by a court of any offence and who at the time of acquittal has no valid immigration status; Section 33(1)(a)(iii) has committed or is suspected of having committed an offence provided for under international treaties and conventions ratified by Kenya; Section 33(1)(b) a person engaged in human trafficking, human smuggling, sexual exploitation and sex crimes; Section 33(1)(c) a person who procures or attempts engage in trafficking or smuggling into and out of Kenya any person for the purpose of engaging in sexual offenses; Section 33(1)(d) a person who is reasonably suspected to be engaged in or facilitates the trafficking of narcotics, prohibited, controlled or banned substances; Section 33(1)(e) a person who there is reasonable cause to believe that he is engaged in or facilitates trafficking in persons; Section 33(1)(f) a person whose presence in or entry into Kenya is unlawful under any written law; Section 33(1)(g) a person in respect of whom there is in force an order made or deemed to be made under section 43 directing that such person must be removed from and remain out of Kenya; Section 33(1)(h) a person in respect of whom there is reasonable cause to believe that he or she is engaged in, facilitates any activity detrimental to the security of Kenya or any other state; Section 33(1)(i) a person in respect of whom there is reasonable cause to believe that he or she is engaged in, facilitates or is sympathetic to acts of terrorism or terrorist activities directed against Kenya or detrimental to the security of Kenya or any other state; Section 33(1)(j) a person involved in or is reasonably suspected to be engaged in money laundering; Section 33(1)(k) a person convicted of war crimes or crimes against humanity, genocide, murder, torture, kidnapping or in respect of whom there are reasonable grounds for believing they have financed or facilitated any such acts; Section 33(1)(l) a person engaged in or suspected to be engaged in illicit arms trade; Section 33(1)(m) a person engaged in or suspected to be engaged in illegal human body organs trade; Section 33(1)(n) a person involved or reasonably suspected to be involved in crimes related to patents, copyrights, intellectual property rights, cyber- crimes and related crimes; Section 33(1)(o) a person involved in or reasonably suspected to be involved in piracy or has been convicted of piracy and served his sentence; Section 33(1)(p) a person who is or has been at any time a member of group or adherent or advocate of an association or organization advocating the practice of racial, ethnic, regional hatred or social violence or any form of violation of fundamental rights; Section 33(1)(q) a person whose conduct offends public morality; Section 33(1)(r) a person who knowingly or for profit aids, encourages or procures other persons who are not citizens to enter into Kenya illegally; Section 33(1)(s) a person who is seeking to enter Kenya illegally; Section 33(1)(t) a person who is a fugitive from justice; Section 33(1)(u) a person whose refugee status in Kenya has been revoked under the Refugee Act (Cap. 173); Section 33(1)(v) any other person who is declared a prohibited immigrant by the order of Cabinet Secretary subject to the approval of parliament or who was, immediately before the commencement of this Act, a prohibited immigrant within the meaning of the Immigration Act (Repealed); and Section 33(1)(w) a person who has been repatriated and or removed from Kenya under any lawful order. Section 33(2)(a) refuses to submit for examination by a medical practitioner after being required to do so under section 48 (1)(d) of this Act; Section 33(2)(b) the family and dependants of a prohibited immigrant; Section 33(2)(c) incapable of supporting himself and his dependants (if any) in Kenya; Section 33(2)(d) is adjudged bankrupt; Section 33(2)(e) anyone who has been judicially declared incompetent; Section 33(2)(f) an asylum seeker whose application for grant of refugee status has been rejected under the Refugee Act (Cap. 173); or Section 33(2)(g) is, by order of the Cabinet Secretary, declared inadmissible on grounds of national security or national interest. Section 33(3) The Cabinet Secretary may make regulations on admission of immigration officer’s right to deny entry a person other than an asylum seeker who, upon entering or seeking to enter Kenya, fails to produce a valid and acceptable passport or travel document recognized in Kenya to an immigration officer on demand or within such time as that officer may allow. Section 33(4) Deleted by ActNo. 12 of 2012, Sch. Section 33(5) Subject to section 34 the entry into and residence in Kenya of a Prohibited Immigrant or an inadmissible person shall be unlawful, and a person seeking to enter Kenya shall, if he or she is a prohibited immigrant or inadmissible person, be refused permission to enter or transit through Kenya, whether or not he or she is in possession of any document which, were it not for this section, would entitle him or her to enter or transit through Kenya. Section 33(6) An immigration officer may issue a pass to a prohibited immigrant or inadmissible person to enter or remain temporarily in Kenya for such period or authorize such prohibited immigrant or inadmissible to transit through Kenya subject to such conditions as may be specified in that pass or for transit purposes. Section 33(7) The Cabinet Secretary may make Regulations for the declaration of prohibited immigrants or inadmissible persons. Section 33(8) The Cabinet Secretary may from time to time review the status of prohibited immigrants and inadmissible persons, subject to the advice of the relevant committee. [Act No. 12 of 2012 , Sch., Act No. 19 of 2014 , s. 78.] - 34 Verify source ↗
IMMIGRATION CONTROL - 34. Residence
Non-citizens (other than asylum seekers) must not enter or remain in Kenya unless they hold a valid permit, pass, work permit or residence permit; specified classes of persons are exempt; a person who loses an exemption must report to the director and apply for a new status within a period (not exceeding six months) allowed to depart.
Section 34. Residence Section 34(1) A person who is not a citizen of Kenya or an asylum seeker shall not enter or remain in Kenya unless she or he has a valid permit or pass. Section 34(2) Subject to the provisions of this section, the presence in Kenya of any person who is not a citizen of Kenya shall, unless otherwise authorized under this Act, be unlawful, unless that person is in possession of a valid work permit or a valid residence permit or a valid pass. Section 34(3)(a) the accredited representative to Kenya of the government of any Commonwealth country, and the spouse and any child of that representative; Section 34(3)(b) the accredited envoy to Kenya of a foreign sovereign state, and the spouse and any child of that envoy; Section 34(3)(c) a person upon whom the immunities and privileges set in the laws relating to Privileges and Immunities have been conferred under these laws, and the spouses and any children or other dependants of that person; Section 34(3)(d) the accredited diplomatic or consular staff of the persons referred to in paragraphs (a) and (b), and the spouses and any children of the accredited diplomatic or consular staff; Section 34(3)(e) the official staff of the persons referred to in paragraphs (a) and (b), and the spouses and any children of the official staff; Section 34(3)(f) the domestic staff of the persons referred to in paragraph (a), (b) and (c), and the spouses and any children of the domestic staff; Section 34(3)(g) any person, or class or description of persons, exempted by the Cabinet Secretary from the provisions of this section by notice in the Gazette . Section 34(4) Where a person who is exempted from the provisions of this section under subsection (3) ceases to be so exempted, that person shall after the expiration of such period of time, not exceeding six months, as an immigration officer may allow for the departure of the person from Kenya, report to the director accordingly and apply for the grant of a new status under this Act. [Act No. 12 of 2012 , Sch.] - 35 Verify source ↗
IMMIGRATION CONTROL - 35. Issuance of visas
The Cabinet Secretary must make regulations about visa types and who must or is exempted from visas; applicants must apply to the Director in the prescribed form; the Director (or delegated officers) must issue visas; possessing a visa does not exempt compliance with immigration laws.
Section 35. Issuance of visas Section 35(1) The Cabinet Secretary shall from time to time, make regulations, prescribing the types of visas and specifying persons or groups of persons and countries whose citizens shall be required to obtain or exempted from obtaining visas before entering Kenya. Section 35(2) A person who wishes to obtain a visa shall apply to the Director in the prescribed form. Section 35(3) A visa shall be issued by the Director or such officers as may act under powers delegated by the Director. Section 35(4) Notwithstanding subsection (3), possession of a visa under this section shall not exempt any person entering Kenya from complying with any legislation relating to immigration. - 36 Verify source ↗
IMMIGRATION CONTROL - 36. Types of permits and passes
The section provides for classes of permits and passes; permits are issued as provided in section 40; passes are to be issued by immigration officers in the manner prescribed in Regulations.
Section 36. Types of permits and passes Section 36(1) There shall be such classes of permits and passes as shall be prescribed under the regulations. Section 36(2) Permits shall be issued in the manner provided in section 40 of this Act. Section 36(3) Passes shall be issued by immigration officers in such manner as shall be prescribed in Regulations. - 37 Verify source ↗
IMMIGRATION CONTROL - 37. Permanent residence
Persons born citizens who later renounced or lost citizenship and whose acquired domicile forbids dual citizenship are described in relation to permanent residence.
Section 37. Permanent residence Section persons who were citizens by birth but have since renounced or otherwise lost their citizenship status and are precluded by the laws of the countries of their acquired domicile from holding dual citizenship; - 38 Verify source ↗
IMMIGRATION CONTROL - 38. Rights and obligations of permanent residents
Permanent residents are entitled to enter and remain in Kenya, subject to the provisions of this Act.
Section 38. Rights and obligations of permanent residents Section have the right to enter and remain in Kenya, subject to the provisions of this Act; - 39 Verify source ↗
IMMIGRATION CONTROL - 39. Loss of permanent residence status
Loss of permanent residence status upon acquisition of Kenya citizenship
Section 39. Loss of permanent residence status Section upon acquisition of Kenya citizenship; - 40 Verify source ↗
IMMIGRATION CONTROL - 40. Issuance of permits
Director must issue or revoke permits on the Committee's recommendation; Director must issue a permit to qualifying applicants within 14 days of the Committee's recommendation; the Committee has power to request information, summon applicants and require supporting documents; aggrieved persons may apply for Cabinet Secretary review and may, within 90 days of notification, seek review and appeal to the High Court.
Section 40. Issuance of permits Section 40(1) In this section— "Committee" means the permits determination committee appointed by the Cabinet Secretary. Section 40(2) An application for a permit shall be made to the Director in the prescribed manner. Section 40(3)(a) made an application in the prescribed manner before entry into Kenya; and Section 40(3)(b) satisfied the Committee that he has met the requirements relating to the particular class of permit. Section 40(4) The Director shall issue or revoke a permit on recommendations of the Committee. Section 40(5) The Committee shall have power to request for additional information and where necessary, summon the applicants, require production of production supporting documents. Section 40(6) The Director shall, within fourteen days of receipt of recommendations of the Committee, cause to be issued a permit to an applicant who so applies and qualifies. Section 40(7)(a) refer the matter back to the Committee for further consideration; or Section 40(7)(b) decline to issue the permit to the applicant. Section 40(8) Where the application has been referred back to the Committee, the Committee shall, within fourteen days, make its findings to the Director and such findings shall be limited to the reasons given for the referral. Section 40(9) Subject to the provisions of this Act, the Committee shall regulate its own procedures. Section 40(10) Any person who is aggrieved by a decision made under this section may apply to the Cabinet Secretary for review in the prescribed manner. Section 40(11) A notice of approval or rejection as the case may be, of an application under this section shall be issued to the respective applicant in the prescribed manner. Section 40(12) Where the notification issued under subsection (11) is for the rejection of the application, an aggrieved applicant may apply for a review of the Cabinet Secretary's decision within a period of ninety days from the date of receipt of the notification and may appeal the decision of the Cabinet Secretary to the High Court. [Act No. 19 of 2014 , s. 80, Act No 11 of 2017 , Sch.] - 41 Verify source ↗
IMMIGRATION CONTROL - 41. Invalidation of a work or residence permit
If any of the circumstances in Section 41(1)(a)–(j) apply the work or residence permit ceases to be valid and the person’s presence in Kenya becomes unlawful unless otherwise authorized; a person issued a class M work permit may engage in any occupation, trade, business or profession (subject to other written law) and sections 34–36 do not apply to that person’s child.
Section 41. Invalidation of a work or residence permit Section 41(1)(a) fails, without the written approval of the Director, to engage within ninety days of the date of issue of the permit or of that person’s entry into Kenya, whichever is the earlier, in the employment, occupation, trade, business or profession in respect of which the permit was issued or take up residence; Section 41(1)(b) ceases to engage in the said employment, occupation, trade, business or profession; Section 41(1)(c) engages in any employment, occupation, trade business or profession, whether or not for remuneration or profit, other than the employment, occupation, trade, business or profession in respect of which the permit was issued; Section 41(1)(d) has violated any of the terms of his or her stay under the permit; Section 41(1)(e) has violated any of the provisions of this Act or Regulations made under it; Section 41(1)(f) has been declared a prohibited immigrant or inadmissible person; Section 41(1)(g) has become an undesirable immigrant; Section 41(1)(h) acquired the permit by fraud, false representation or concealment of any material fact; Section 41(1)(i) has during any war in which Kenya was engaged unlawfully traded or communicated with an enemy or been engaged in or associated with any business that was knowingly carried on in such a manner as to assist an enemy in that war; and Section 41(1)(j) the person has after acquiring the permit been convicted of an offence and sentenced to imprisonment for a term of three years or longer, the permit shall cease to be valid and the presence of that person in Kenya shall be unlawful, unless otherwise authorized under this Act. Section 41(2) Notwithstanding any other provision of this Act, and subject to the provisions of any other written law, a person to whom a work permit of class M is issued may engage in any occupation, trade, business or profession, and sections 34 , 35 , and 36 shall not apply to a child of that person. [Act No. 19 of 2014 , s. 81, Act No. 11 of 2017 , Sch.] - 42 Verify source ↗
IMMIGRATION CONTROL - 42. Permits, etc., void for fraud etc.
Any entry permit, pass, certificate or other authority obtained by fraud, misrepresentation, or concealment of a material fact is void and must be surrendered to the service for cancellation.
Section 42. Permits, etc., void for fraud etc. Section Any entry permit, pass, certificate or other authority, whether issued under this Act or under the repealed Acts, which has been obtained by or was issued in consequence of fraud or misrepresentation, or the concealment or nondisclosure, whether intentional or inadvertent, of any material fact or circumstance, shall be and be deemed always to have been void and of no effect and shall be surrendered to the service for cancellation. - 43 Verify source ↗
IMMIGRATION CONTROL - 43. Power to remove persons unlawfully present in Kenya
The Cabinet Secretary may order that a person unlawfully present in Kenya be removed from and remain out of Kenya, specify duration or place of removal, direct custody pending removal, vary or revoke such orders, and in some cases allow immigration officers to exercise these powers; orders remain effective to remove the person whenever found in Kenya and courts may detain such persons for up to fourteen days pending the Cabinet Secretary's decision.
Section 43. Power to remove persons unlawfully present in Kenya Section 43(1) The Cabinet Secretary may make an order in writing, directing that any person whose presence in Kenya was, immediately before the making of that order, unlawful under this Act or in respect of whom a recommendation has been made to him or her under section 26A of the Penal Code (Cap. 63), shall be removed from and remain out of Kenya either indefinitely or for such period as may be specified in the order. Section 43(2)(a) be returned to the place where he originated from, or with the approval of the Cabinet Secretary, to a place in the country of habitual residence, permanent residence or citizenship, or to any place to which he consents to be taken if the competent authorities or government of that place consents to admit him or her to the country; or Section 43(2)(b) if the cabinet secretary so directs, be kept and remain in police custody, prison or immigration holding facility or until his departure from Kenya, and while so kept is deemed to be in lawful custody whether or not he has commenced any legal proceedings in court challenging the Tribunals decision until the suit is finally disposed of. Section 43(3) Subject to this section, an order under this section shall be carried out in such manner as the Cabinet Secretary may direct, subject to the Constitution and related laws. Section 43(4) Any order made or directions given under this section may at any time be varied or revoked by the Cabinet Secretary by a further order, in writing. Section 43(5) In the case of a person who arrives in Kenya illegally, the powers of the Cabinet Secretary under this section may be exercised either by the Cabinet Secretary or by an immigration officer. Section 43(6) An order made or deemed to have been made under this section shall, for so long as it provides that the person to whom it relates shall remain out of Kenya, continue to have effect as an order for the removal from Kenya of that person whenever he is found in Kenya, and may be enforced accordingly; but nothing in this subsection shall prevent the prosecution for an offence under this Act or any other written law of any person who returns to Kenya in contravention of such an order. Section 43(7) Where a person is brought before a court for being unlawfully present in Kenya, and the court is informed that an application, to the Cabinet Secretary, for an order under this section has been made or is about to be made, the court may order that such person be detained for a period not exceeding fourteen days or admit the person to bail, pending a decision by the Cabinet Secretary. - 44 Verify source ↗
IMMIGRATION CONTROL - 44. Duties and Liabilities of carriers
Carriers and their persons in charge must present passenger identity information, take into custody and remove inadmissible persons when required; owners and persons in charge face surcharges and civil liability; immigration officers may examine documents and detain carriers or compel payment.
Section 44. Duties and Liabilities of carriers Section 44(1)(a) details of identity of all passengers on board the carrier classified according to their respective destinations; Section 44(1)(b) a list of crew; and Section 44(1)(c) such other information as the cabinet secretary may prescribe. Section 44(2) A person in charge of a carrier about to call at any port or place outside Kenya, shall, if so required by an immigration officer, take into his custody any person in respect of which subsection (3) applies, and, on due payment, afford that person a passage to that port or place, and proper accommodation and maintenance during that passage. Section 44(3)(a) the owner of the carrier and the person in charge of the carrier which brings in a prohibited immigrant or inadmissible person shall be liable to a surcharge in the sum not exceeding Kenya shillings two hundred thousand for every such person brought into Kenya and in default of payment of the sum surcharged the carrier shall be liable to detention at the cost jointly and severally of the owner and the person in charge; Section 44(3)(b) the person in charge of the carrier shall, if so required by an immigration officer, take that person into his custody and ensure that he is removed from Kenya; Section 44(3)(c) the owner of the carrier and the person in charge of the carrier shall jointly and severally be liable to pay to the Government all expenses incurred by the Government in respect of the transportation, maintenance and upkeep of that person and his removal from Kenya, and the amount of such expenses shall be a civil debt recoverable summarily; Section 44(3)(d) notwithstanding paragraphs (a), (b) and (c) above, any carrier knowingly bringing in passengers with forged documents, passengers without travel documents, passengers with documents issued to other people, passengers without return or onward ticket or passengers without visa shall be liable to a surcharge of Kenya shillings One Million for every passenger and in default of payment of the surcharge the carrier shall be liable to detention at own cost; or Section 44(3)(e) notwithstanding paragraphs (a), (b) and (c) above, any carrier bringing in passengers in transit who are improperly documented shall be surcharged Kenya Shillings one Million per passenger failure to which the carrier may be detained at their own cost. Section 44(4) Any person who is taken into the custody of the person in charge of a carrier pursuant to this section is deemed to be in lawful custody while he is in Kenya. Section 44(5) An immigration officer may examine the passports or travel documents of transit passengers at any entry or exit point and take action where necessary. Section 44(6) Where in the opinion of an immigration officer it becomes necessary to examine the travel and other documents of a passenger onboard a carrier, the person in charge of the carrier shall present upon demand by a immigration officer the passenger’s travel documents or details of identity presented at the last point of departure to Kenya. Section 44(7) An immigration officer shall have powers to detain a carrier, compel a carrier to pay such surcharge or penalties for bringing inadmissible persons into Kenya and compel the carrier to remove such persons. [Act No. 12 of 2012 , Sch.] - 45 Verify source ↗
IMMIGRATION CONTROL - 45. Duties and obligations of employers
Employers must obtain a work permit or pass for foreign nationals before hiring and keep prescribed records for two years; certain presumption rules apply and contravention is an offence.
Section 45. Duties and obligations of employers Section 45(1)(a) a foreign national who entered Kenya illegally; Section 45(1)(b) a foreign national whose status does not authorize him or her to engage in employment; Section 45(1)(c) a foreign national on terms, conditions or in a capacity different from those authorized in such foreign national’s status. Section 45(2) It shall be the duty of every employer to apply for and obtain a work permit or a pass conferring upon a foreign national the right to engage in employment before granting him employment and it shall be presumed that the employer knew at the time of the employment that such person was among those referred to in subsection (1). Section 45(3)(a) for two years after the termination of such employment of the non- national, keep the prescribed records relating thereto; and Section 45(3)(b) foreign nationals under his employment; or Section 45(3)(b)(i) foreign nationals under his employment; or Section 45(3)(b)(ii) any breach on the side of the foreign national’s employment. Section 45(4) If there is credible evidence that the foreign national who entered Kenya illegally is found on any premises where a business is conducted, conducting himself in such a manner as to suggest that he is in employment within the premises, it shall be presumed that such illegal foreign national was employed by the person who has control over such premises, unless evidence to the contrary is provided. Section 45(5) For the purposes of this section a person who performs for the benefit of or at the request of another person any work or service of a kind which is commonly performed by a person in employment, is deemed to engage in an employment, and that other person is considered to employ that person. Section 45(6) A person who contravenes the provisions of this section commits an offence. - 46 Verify source ↗
IMMIGRATION CONTROL - 46. Learning institutions
Persons in charge of learning institutions must not allow students required to hold a student’s pass to attend before they possess the pass; that conduct is an offence. The section lists categories of foreign nationals and exempts refugees in designated camps.
Section 46. Learning institutions Section 46(1)(a) a foreign national who is in the country illegally; Section 46(1)(b) a foreign national whose status does not authorize him or her to receive such training or instruction by such person; or Section 46(1)(c) a foreign national on terms or conditions in a capacity different from those authorized in such foreign national status. Section 46(2) Any person, being in charge of learning institution, who allows a student who is required under this Act to obtain a student’s pass to attend such institution before such student is in possession of a student’s pass, commits an offence. Section 46(3) If any person referred to in subsection (1) is found undertaking or receiving training or instruction on any premises where instruction or training is provided, it shall be presumed that such person was allowed to receive instruction or training by, the person who has control over such premises, unless contrary is proved. Section 46(4) The provisions of this section shall not apply to persons holding refugee status residing in designate refugee camps. [Act No. 12 of 2012 , Sch.] - 47 Verify source ↗
IMMIGRATION CONTROL - 47. Accommodation
Accommodation providers must require customers to show citizenship identification; keep records of foreign customers and make weekly returns to the Director; the Director may request those records at any time; failure is an offence and non-compliance creates a presumption of harboring if an illegal foreign national is found.
Section 47. Accommodation Section 47(1) Any business or person offering accommodation shall require all its customers to produce identification documents pertaining to their citizenship before admission. Section 47(2) Any business offering accommodation shall maintain a record of all its customers who are foreign nationals in the prescribed manner and shall make weekly returns to the Director. Section 47(2A) Notwithstanding the provisions of subsection (2), the Director may at any time request for submission of the records of all customers who are foreign nationals. Section 47(3) Where subsection (2) is not complied with and an illegal foreign national is found on any premises referred to in that subsection, it shall be presumed that such illegal foreign national was harbored by the person who has control over such premises, unless evidence to the contrary is provided. Section 47(4) A person who contravenes the provisions of this section commits an offence. [Act No. 19 of 2014 , s. 82.] - 48 Verify source ↗
IMMIGRATION CONTROL - 48. Powers of immigration Officer
Section 48 grants immigration officers powers to board, enter and search carriers or premises; require arriving or departing persons to answer questions, produce documents or submit to medical examination; arrest or stop persons subject to warrants; investigate offences; and obliges authorized officers to capture biometrics.
Section 48. Powers of immigration Officer Section 48(1)(a) board, or enter, and search any carrier or premises in Kenya; Section 48(1)(b) require any person seeking to enter Kenya to answer any question or to produce any document in his possession for the purpose of ascertaining whether that person is or is not a citizen of Kenya and, in the case of any person who is not a citizen of Kenya, for the purpose of determining whether that person should be permitted to enter Kenya under this Act; Section 48(1)(c) require any person seeking to enter or leave Kenya other than a refugee or any asylum seeker, to produce to him a valid passport or a valid travel document and any form of declaration that may be prescribed; Section 48(1)(d) require any person seeking to enter Kenya to submit to examination by a medical practitioner; or Section 48(1)(e) arrest, restrain, stop or deny departure to any person against whom a warrant of arrest has been issued by a competent Kenyan court and hand over the person for custody to the nearest police officer. Section 48(2) An immigration officer may investigate any offence or suspected offence under this Act and shall have all the powers and immunities conferred by law on a police officer for the purpose of the investigation. Section 48(3) An immigration or other authorized officer of the Service shall capture biometrics in the course of the discharge of the mandate of the Service. - 49 Verify source ↗
IMMIGRATION CONTROL - 49. Power of arrest and search of persons
Section 49 requires officers to bring detained permanent residents or foreign nationals before a judicial officer (within 24 hours or without delay), requires periodic judicial reviews, permits immigration or police officers to arrest without warrant in specified circumstances, allows summonses and recognizance by immigration officers, and permits courts to impose conditions on release.
Section 49. Power of arrest and search of persons Section 49(1) Within twenty four hours after a permanent resident or a foreign national is taken into detention, or without delay afterward, the arresting officer of the Service shall produce the person detained before a judicial officer to review the reasons for the continued detention. Section 49(2) An immigration officer or a police officer who has reasonable cause to believe that a person has committed an offence under this Act, or is unlawfully present in Kenya, may, if it appears to him to be necessary to do so in order to ensure that the purposes of this Act are not defeated, arrest that person without warrant subject to the Bill of Rights; and the Criminal Procedures as if police officer include a reference to immigration officer. Section 49(3) At least once during the seven days following the review under subsection (1), and at least once during each thirty day period following each previous review, the Service shall produce the detained person before a judicial officer to review the reasons for continued detention. Section 49(4) A person other than a citizen of Kenya who, having been ordered to be deported from any country, enters Kenya on his way to his final destination, may be arrested without warrant by an immigration officer or a police officer and may be detained in prison or in police custody or immigration holding facility pending the making of arrangements for his departure from Kenya, and shall be deemed to be in lawful custody while so detained and such person needs to be taken to court within twenty four hours. Section 49(5)(a) whether he is a danger to the public and whether or not he is carrying or conveying any documents; Section 49(5)(b) whether he is likely to appear for examination or an admissibility hearing or a hearing regarding his removal from Kenya or a hearing to determine whether he should be permitted to remain in Kenya or whether there are pending proceedings that could lead to the making of a removal order; Section 49(5)(c) where the Cabinet Secretary is taking necessary steps to inquire into a reasonable suspicion that they are inadmissible on the grounds of security or for violating human or international rights; Section 49(5)(d) where the Cabinet Secretary is of the opinion that the identity of the foreign national has not been, but may be, established and have not reasonably cooperated with the Cabinet Secretary by providing relevant information for the purposes of establishing his or her identity or the Cabinet Secretary is making reasonable efforts to establish his or her identity. Section 49(6) Notwithstanding any provisions of this Act, all persons against who a deportation order has been issued shall be removed from Kenya within a period of ninety days from the day such final removal order is made or after appeal and further detention shall be extended by a court of law for not more than thirty days; or Section 49(7) The court ordering release of a permanent resident or a foreign national in (d) above may impose any conditions that it considers necessary, including the payment of a deposit or the posting of a guarantee for compliance with the conditions. Section 49(8) An immigration officer may, by summons in writing, require any person other than a citizen of Kenya to attend at his office and to furnish to that officer such information, documents and other particulars as are necessary for the purposes of determining whether that person should be permitted to remain in Kenya. Section 49(9) An immigration officer may by summons, in writing, require any citizen of Kenya to attend at his office, for the purposes of determining whether that person has committed an offence under this Act, or to provide that officer with necessary information, documents and other particulars as may be required. Section 49(10) An immigration officer may enter into recognizance any person suspected of having committed an offence under this Act. [Act No. 12 of 2012 , Sch., Act No. 11 of 2017 , Sch.] - 50 Verify source ↗
IMMIGRATION CONTROL - 50. Holding facility
The Service must establish holding facilities at ports of entry/exit and other immigration operation areas for specified categories of persons; the Cabinet Secretary must notify their establishment in the Gazette.
Section 50. Holding facility Section 50(1) The Service shall establish a holding facility at ports of entry and exit and any other immigration operation areas which shall be used for holding persons ordered to be removed to their countries under section 26A of the Penal Code (Cap. 63), ordered deported under section 43 of this Act, persons whose citizenship has not been established, deportees in transit, and persons denied entry awaiting return and who are not under carrier liability. Section 50(2) The Cabinet Secretary shall notify the establishment of holding facilities by notice in the Gazette . [Act No. 11 of 2017 , Sch.] - 51 Verify source ↗
IMMIGRATION CONTROL - 51. Evidence
Defines what types of personal and documentary details may be evidenced in certificates and provides that documents lawfully obtained by immigration officers are admissible in various proceedings; orders purporting to be signed by the Cabinet Secretary or an immigration officer are prima facie evidence of their contents.
Section 51. Evidence Section 51(1)(a) the birth, date, place of birth, and the parentage, of any person stated in such certificate to have been born in that country; Section 51(1)(b) the death, date, place, circumstances of the death, and the parentage, of any person, stated in such certificate to have died or been married in such country; Section 51(1)(c) the relationship by blood, marriage or adoption of any such person as aforesaid to any other such person; Section 51(1)(d) the true or the reputed name or names of any such person as aforesaid, of either of the parents, or of the husband, wife or child, of any other relative by blood, marriage or adoption of any such person; Section 51(1)(e) the adoption of any child stated in such certificate to have been adopted in such country, and the date, place and circumstances of any such adoption, and the true or the reputed name or names of and child so adopted and of either of his natural or adoptive parents; and Section 51(1)(f) passport, travel documents, visa, identification documents. Section 51(2) In any prosecution for an offence under this Act, in any proceedings of a civil nature, and in any proceedings in the nature of habeas corpus or under Article 22 of the Constitution, any document lawfully obtained from, any person by immigration officer in the exercise of his powers under this Act is admissible in evidence. Section 51(3) An order purporting to be signed by the Cabinet Secretary and to be made for any of the purposes of section 43 , or purporting to be signed by a immigration officer and to be made for any of the purposes of section 43 , is prima facie evidence of its contents in any court. Section 51(4) Any reference to a passport, travel document, visa, certificate of registration, certificate of naturalization, entry permit, work permit, residence permit, pass, written authority, consent or approval in this Act includes a reference to any such document issued or purporting to have been issued under the repealed Acts. - 52 Verify source ↗
IMMIGRATION CONTROL - 52. Institution and conduct of criminal proceedings
An immigration officer may institute prosecutions for offences under the Act and may conduct prosecutions when proceedings are in a subordinate court.
Section 52. Institution and conduct of criminal proceedings Section Prosecution for an offence under this Act may, without prejudice to any other powers granted to any other public officers, be instituted by an immigration officer, and where the proceedings are instituted in a subordinate court an immigration officer may conduct the prosecution. - 53 Verify source ↗
IMMIGRATION CONTROL - 53. General offences
Section 53 lists multiple immigration-related offences and penalties, including offences by agents/carriers, false representation as immigration staff, unauthorized employment by non-citizens, false statements, and general penalties on conviction (fine up to 500,000 shillings or imprisonment up to three years).
Section 53. General offences Section 53(1)(a) knowingly misleads an immigration officer seeking information material to the exercise of any of his or her powers under this Act; Section 53(1)(b) having left or been removed from Kenya in consequence of an order made or deemed to have been made under section 43 , if found in Kenya while that order is still in force; Section 53(1)(c) being a prohibited immigrant or inadmissible person fails to comply with an order of a immigration officer to leave Kenya; Section 53(1)(d) harbors any person whom he knows or has reasonable cause to believe to be a person who has committed an offence under paragraph (g) or paragraph (h); Section 53(1)(e) being an agent or a carrier facilitates or assists or enables entry or exit of improperly documented person; Section 53(1)(f) not being a immigration officer or other member of staff of the Service, by words, conduct or demeanor falsely represents himself to be an immigration officer or member of staff of the Service; Section 53(1)(g) exercises or attempts to exercise undue influence over an immigration officer or other member of staff of the Service which is calculated to prevent the delegated officer or other officer or member of staff from carrying out his duties or encouraging him or her to perform any act which is in conflict with his duties; Section 53(1)(h) willfully obstructs or impedes a immigration officer or a police officer in the exercise of any of his powers under this Act; Section 53(1)(i) refuses or neglects to answer any question, to furnish any information, to produce any document, to attend at any place or to submit to medical examination, when required to do so under this Act; Section 53(1)(j) unlawfully enters or is unlawfully present in Kenya in contravention of this Act; Section 53(1)(k) harbors any person whom he knows or has reasonable cause to believe to be a person who has committed an offence under this Act; Section 53(1)(l) fails to comply with any term or condition imposed by a work permit, residence permit or pass, being a term or condition which he is required to comply with; Section 53(1)(m) not being a citizen of Kenya, engages in any employment, occupation, trade, business or profession, whether or not for profit or reward, without being authorized to do so by a work permit, or exempted from this provision by regulations made under this Act; Section 53(1)(n) employs any person, whether or not for reward, whom he knows or has reasonable cause to believe is committing an offence under paragraph (m) by engaging in that employment; Section 53(1)(o) any person who, for the purpose of procuring anything to be done or not to be done under this Act, makes any statement which he knows to be false in a material particular, or recklessly makes any statement which is false in a material particular commits an offence; Section 53(1)(p) smuggles or is reasonably suspected to be engaged in smuggling of human beings; Section 53(1)(q) employs a foreign national in a capacity in which the foreign national is not authorized under this Act to be employed; Section 53(1)(r) offers accommodation without maintaining a record of all its customers who are foreign national in the prescribed manner, Section 53(2) Any person convicted of an offence under this section shall be liable upon conviction to a fine not exceeding five hundred thousand shillings or to imprisonment for a term not exceeding three years or to both; Section 53(3) Any person convicted under subsection (1)(q) is, in addition to the prescribed fine and or term of imprisonment as the case may be, liable to pay for the cost of maintenance and removal of the person he employed. Section 53(4) For purposes of paragraph (1)(p), a person who is a victim of the offence of human smuggling may not be held liable so long as he identifies and is willing to act as a witness in the prosecution of the smuggler. [Act No. 12 of 2012 , Sch., Act No. 11 of 2017 , Sch.] - 54 Verify source ↗
IMMIGRATION CONTROL - 54. Offences relating to documents
Section 54 lists offences relating to passports, travel documents and similar identity or immigration documents and prescribes penalties on conviction.
Section 54. Offences relating to documents Section 54(1)(a) makes, whether within or outside Kenya, a false declaration or statement, which he knows or has reasonable cause to believe to be false or misleading, for the purpose of obtaining or assisting another person to obtain a passport, travel document, citizen registration, visa, work permit, residence permit, pass, written authority, consent or approval under this Act; Section 54(1)(b) forges, alters, destroys or willfully defaces a passport, travel document, certificate of registration, visa, work permit, residence permit, pass, written authority, consent or approval, or a copy of any written authority, work or residence permit, pass, written authority, consent or approval, or any entry or endorsement in or passport or travel document, issued or granted by a lawful service; Section 54(1)(c) knowingly uses or has in his possession a forged passport, certificate of registration, visa, foreign person certificate work permit, residence permit, pass, written authority, consent or approval, or a passport, work permit, residence permit, pass, written authority, consent or approval which has been altered or issued without lawful authority, or a passport or travel document or similar document in which a visa, or endorsement has been forged, or altered or issued without lawful service; Section 54(1)(d) knowingly has in his possession a passport, travel document, certificate of registration, visa, work permit, residence permit, pass, written authority, consent or approval and who cannot reasonably give a proper account of its possession; Section 54(1)(e) gives, sells or parts with the possession of a passport, certificate of registration, visa, work permit, residence permit, pass, written consent or approval intending or knowing or having reasonable cause to believe that it may be used by any other person; Section 54(1)(f) without prior written approval of the immigration officer, in connection with any activity carried on by him takes, assumes, uses or in any manner publishes any name, description, title or symbol indicating or conveying or purporting to indicate or convey or which is calculated or is likely to lead other persons to believe or infer that such activity is carried on under or by virtue of the provisions of the Act or under the patronage of the Service; Section 54(1)(g) presents a forged, altered or false documents for the purposes of obtaining a passport, travel document, certificate of registration, visa, work permit, residence permit, pass, written authority; Section 54(1)(h) counterfeits immigration stamps, receipts, work permits, residence permits, citizenship forms, passes, passport, travel documents, or is in possession of any immigration material without lawful service; Section 54(1)(i) without any lawful cause confiscates, forcefully takes or detains a passport or travel document issued to another person; Section 54(1)(j) any person who fails to comply with any requirement imposed on him by regulations made under this Act or under the repealed immigration Act with respect to surrendering of certificates of naturalization or certificates of registration; Section 54(1)(k) any person printing, publishing, uttering or knowingly being in possession of a document, card, booklet or paper, purporting, either by reason of the use of the word passport or by reason of the contents thereof, to be a passport, other than a passport lawfully issued by the Government of Kenya or by the Government of any other country; Section 54(1)(l) any person who possesses a passport, travel document, visa or other document of Kenyan or other origin that purports to establish or that could be used to establish a person’s identity; or uses such a document, including for purposes of entering or remaining in Kenya; or imports, exports or deals in such a document; Section 54(1)(m) uses as a passport, entry permit, pass, written authority, consent or approval issued to him, an entry permit, pass, written authority, consent or approval issued to another person, Section 54(2) Any person convicted of an offence under this section shall be liable to a fine not exceeding five million shillings or to imprisonment for a term not exceeding five years or to both. [Act No. 19 of 2014 , s. 83.] - 55 Verify source ↗
IMMIGRATION CONTROL - 55. Instant fine
At ports of entry/exit, an immigration officer can offer a departing foreign national the option to enter a written admission of overstaying; upon such admission the officer may impose a fine up to fifty thousand shillings (unless the overstay exceeds ten days); the officer may prosecute anyone who fails to immediately pay that penalty.
Section 55. Instant fine Section 55(1) Where at any port of entry or exit a departing foreign national is found to have overstayed in the country in contravention of this Act, the immigration officer shall have the power to bring it to the notice of that person the option to enter a written admission of contravention in the prescribed manner in relation to the offence. Section 55(2) Upon receipt of the said written admission of contravention the immigration officer may impose a fine not exceeding fifty thousand shillings: Provided that the provisions of this section shall not be invoked if it is proved that the foreign national has overstayed beyond the period of ten days. Section 55(3) An immigration officer may prosecute any person who fails to immediately pay the penalty imposed in subsection (1) above for the offence of unlawful presence.
Part VII
FOREIGN NATIONALS MANAGEMENT
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FOREIGN NATIONALS MANAGEMENT - 56. Foreign Nationals Management
Foreign nationals residing in Kenya continuously for more than three months must register with an immigration officer and notify changes of address; contravening any foreign nationals order is an offence punishable by fines or imprisonment; the court may require recognizance and may imprison for failure to comply; the Cabinet Secretary may revoke, alter or add to foreign nationals orders.
Section 56. Foreign Nationals Management Section 56(1)(a) for prohibiting foreign nationals from landing in or otherwise entering Kenya either generally or at certain places and for imposing restrictions or conditions on foreign nationals landing or arriving at any port in Kenya; Section 56(1)(b) for prohibiting foreign nationals from embarking in or otherwise leaving Kenya either generally or at certain places, and for imposing restrictions and conditions on foreign nationals embarking or about to embark in Kenya; Section 56(1)(c) for requiring foreign nationals to reside and remain within certain places within Kenya; Section 56(1)(d) for prohibiting foreign nationals from residing or remaining in any areas specified in the order; Section 56(1)(e) for imposing penalties on persons who aid or abet any contravention of the order, and for imposing such obligations and restrictions on masters of ships or any other persons specified in the order as appear necessary or expedient for giving full effect to the order; Section 56(1)(f) for any other matters which appear necessary or expedient with relating to the security of the country. Section 56(2) A foreign national residing in Kenya for a continuous period exceeding three months shall be required to register with an immigration officer and notify change of address, travelling or otherwise in such manner as may be prescribed. Section 56(3) A person who contravenes any provision or requirement of an order issued to a foreign nationals commits an offence and liable upon conviction to a fine not exceeding one hundred thousand shillings, or to imprisonment for a term not exceeding three years, or to both. Section 56(4) The court before which a person is convicted under this section may, in addition to or in lieu of any such punishment, require that person enter into recognizance with or without sureties to comply with the provision of the order or such provision thereof as the court may direct, and if the person fails to comply with the order of the court requiring him to enter into recognizance, the court may commit that person to imprisonment for a term not exceeding three years. Section 56(5) Any provision contained in this Act in respect of a Foreign National Order may relate to foreign nationals in general or to any class or description of foreign nationals. Section 56(6) If any question arises in any proceedings under a foreign national order, or with reference to anything done or proposed to be done under any such order, as to whether any person is a foreign nationals or not, or is a foreign nationals of a particular class or not, the onus of proving that that person is not a foreign national, or, as the case may be, is not a foreign national of that class, shall lie upon person contending so. Section 56(7) The Cabinet Secretary may at any time revoke, alter, or add to any foreign nationals’ order. Section 56(8) Any powers given under this section, or in any foreign nationals’ order, shall be in addition to, and not in derogation of, any powers with respect to the expulsion of foreign nationals or the prohibition of foreign nationals from entering Kenya or any other powers conferred on the Cabinet Secretary or any other service by any other written law. [Act No. 19 of 2014 , s. 84.] - 57 Verify source ↗
FOREIGN NATIONALS MANAGEMENT - 57. Review and Appeal
Persons aggrieved by decisions of public officers may apply for review to the High Court; appeals against decisions of the Cabinet Secretary or the Service may be made to the High Court.
Section 57. Review and Appeal Section 57(1) Any person aggrieved by a decision of a public officer made under this Act may apply to the High Court for a review of the decision. Section 57(2) An appeal against the decisions of the Cabinet Secretary or of the Service under this Act may be made to the High Court.
Part VIII
MISCELLANOUS AND TRANSITIONAL PROVISIONS
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MISCELLANOUS AND TRANSITIONAL PROVISIONS - 58. Electronic communication
The Cabinet Secretary may bring this section into operation by notice in the Gazette; applications, enquiries or other actions under the Act may be carried out using electronic information technology subject to the Constitution and conditions prescribed by the Cabinet Secretary.
Section 58. Electronic communication Section 58(1) Any application, enquiry or other action undertaken under this Act may, subject to the Constitution and conditions prescribed by the Cabinet Secretary be carried out by use of electronic information technology. Section 58(2) The Cabinet Secretary may bring the provisions of this section into operation by notice in the Gazette . - 59 Verify source ↗
MISCELLANOUS AND TRANSITIONAL PROVISIONS - 59. Regulations
The Cabinet Secretary may make Regulations to better carry into effect the provisions of this Act.
Section 59. Regulations Section The Cabinet Secretary may make Regulations for the better carrying into effect the provisions of this Act. - 60 Verify source ↗
MISCELLANOUS AND TRANSITIONAL PROVISIONS - 60. General penalty
If a person is convicted of an offence under this Act for which no penalty is specified, they are liable to a fine up to one million shillings, or imprisonment up to five years, or both.
Section 60. General penalty Section A person who is convicted of an offence, under this Act, for which no penalty is specifically provided shall be liable to a fine not exceeding one million shillings or imprisonment for a term not exceeding five years, or both. - 61 Verify source ↗
MISCELLANOUS AND TRANSITIONAL PROVISIONS - 61. Temporary validity of permits and passes issued under repealed Acts
Certificates, certificates of exemption, entry permits or passes issued under repealed Acts continue to have effect according to their terms as if issued under this Act, and this Act's provisions apply to them.
Section 61. Temporary validity of permits and passes issued under repealed Acts Section Any resident’s certificate, certificate of exemption, entry permit or pass granted or issued under the repealed Acts shall have effect according to the terms as if it had been issued under this Act, and the provisions of this Act shall apply accordingly. - 62 Verify source ↗
MISCELLANOUS AND TRANSITIONAL PROVISIONS - 62. Transitional Provisions regarding re-entry
For six months after this Act begins, people who would formerly have been entitled to re-enter Kenya by virtue of a resident's certificate, certificate of exemption, entry permit or pass may enter Kenya, except prohibited immigrants.
Section 62. Transitional Provisions regarding re-entry Section Any person, other than a prohibited immigrant, who would but for the repeal of the former immigration laws, have been entitled to re-enter Kenya by virtue of the grant of a resident’s certificate, certificate of exemption, entry permit or pass, shall, at any time within the period of six months immediately following the commencement of this Act, be permitted to enter Kenya. - 63 Verify source ↗
MISCELLANOUS AND TRANSITIONAL PROVISIONS - 63. Transitional provisions regarding passports
Passports, travel or other documents issued under pre-existing rules, circulars and procedures are to be treated as if issued under this Act.
Section 63. Transitional provisions regarding passports Section Notwithstanding the provisions of this Act, any passport, travel or other document issued according to the rules, circulars and procedures in force before the enactment of this Act shall be deemed to have been issued under this Act. - 64 Verify source ↗
MISCELLANOUS AND TRANSITIONAL PROVISIONS - 64. Transitional provisions regarding removal or deportation
An order made before this Act commenced under repealed Acts that directed a person to be removed or deported from Kenya and remain out of Kenya is treated as if made under this Act and as enforced accordingly.
Section 64. Transitional provisions regarding removal or deportation Section Any order made before the commencement of this Act under the repealed Acts directing that a person be removed or deported from Kenya and remain out of Kenya, whether indefinitely or for a specified period, shall be deemed to be an order made under this Act, and shall be deemed enforced accordingly.
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Kenya Citizenship and Immigration Act
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