Kenya Citizenship and Immigration Act

This Act may be cited as the Kenya Citizenship and Immigration Act.

Section 2 provides definitions of terms used in the Act.

A person has not attained a given age until the start of the relevant birthday anniversary.

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).

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.

The Service must appoint such immigration officers as are necessary to carry out the provisions of this Act.

Establishes the Border Control and Operations Co-ordination Committee and lists its membership.

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.

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.

Requires a report on its activities and operations during that year to the National Security Council.

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.

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.

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 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.

Mentions the production of proof of the Kenyan citizenship of the adopting parent.

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 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 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.

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.

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.

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.

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.

The term "citizen by birth" has the meaning given in Article 14 and clause 30 of the Sixth Schedule of the Constitution.

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.

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.

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.

Citizens are entitled to enter, exit, remain in and reside anywhere in Kenya.

Citizens owe full allegiance to the State and the Constitution of Kenya.

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 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.

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 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.

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.

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.

If an application for a passport or other travel document is rejected, the immigration officer must give the applicant written reasons within fourteen days.

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.

A passport is prima facie evidence of the holder’s citizenship or domicile and of the holder’s entitlement to state protection.

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.

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.

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.

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.

Persons born citizens who later renounced or lost citizenship and whose acquired domicile forbids dual citizenship are described in relation to permanent residence.

Permanent residents are entitled to enter and remain in Kenya, subject to the provisions of this Act.

Loss of permanent residence status upon acquisition of Kenya citizenship

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.

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.

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.

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.

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.

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.

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.

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 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 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.

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.

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.

An immigration officer may institute prosecutions for offences under the Act and may conduct prosecutions when proceedings are in a subordinate court.

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 54 lists offences relating to passports, travel documents and similar identity or immigration documents and prescribes penalties on conviction.

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.

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.

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.

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.

The Cabinet Secretary may make Regulations to better carry into effect the provisions of this Act.

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.

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.

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.

Passports, travel or other documents issued under pre-existing rules, circulars and procedures are to be treated as if issued under this Act.

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.