Kenya Citizens and Foreign Nationals Management Service Act

This Act may be cited as the Kenya Citizens and Foreign Nationals Management Service Act.

This section provides definitions for terms used in the Act, including "Board", "Cabinet Secretary", "Director", "Director-General", "foreign national", "national population register" and "Service".

Section 10 sets rules for Board meetings: five members make a quorum; the Board may co-opt people (who cannot vote); and the Cabinet Secretary may amend the Second Schedule after consulting the Board.

Information held by the Service is confidential except where disclosure is authorized (investigation, national security inquiry, officer duties with Director-General's consent, or other lawful authorization); the Service may disclose information under Articles 35 and 31 of the Constitution; recipients who received information in contravention of subsection (1) must not disclose or publish it; contravention is an offence punishable by a fine up to ten million shillings or imprisonment up to four years or both.

Board members must not transact commercial business with the Service; Chairperson or Board members with a direct or indirect personal interest must disclose that interest to the Board as soon as practicable, and there are rules about presence, participation and influencing relating to such matters.

The Cabinet Secretary appoints a Director-General on the Board's recommendation after competitive recruitment; the Director-General serves one six-year term, must manage the Service's operations, funds, property and staff; applicants must hold a specified degree or other qualifications prescribed by the Board.

Removal of the Director-General from office for misconduct in contravention of the code of conduct and discipline as developed by the Service.

The Director-General may delegate any of his powers or functions (under the Act or other written law) in writing to various officers, but only with the approval of the Board and on the terms set out in the instrument of delegation.

The Service may appoint directors and other staff on terms and conditions when necessary to carry out its functions; references to Director/Head or department in related Acts are to be read as Director-General or the Service respectively.

The Service's seal must be authenticated by the signatures of the Director-General and the Secretary to the Board; if either is absent an authorised officer or the acting Secretary may authenticate the seal; documents sealed and authenticated as provided are presumed authentic and admissible in evidence.

The Service’s funds include Parliamentary appropriations, appropriations in aid and other authorized monies, grants and donations received by the Board, and any other law-authorized sources; the Service may levy prescribed fees and charges and administer them under this Act or other law.

The Service must prepare annual income and expenditure estimates for the next financial year not later than four months before the end of the current financial year; the Board must approve and submit those estimates to the Cabinet Secretary for final approval before the financial year starts.

The Service's financial year is the 12-month period ending on 30 June each year.

The Service must keep proper books and records of its income, expenditure, assets and liabilities.

A person aggrieved by a Director's decision may apply to the Cabinet Secretary for review of that decision.

Establishes the Kenya Citizenship and Immigration Service Appeals Tribunal, sets its powers, permits appeals to it and from it, and requires the Chief Justice to prescribe appeal procedures.

All assets of the listed departments vest in the Service when this Act comes into effect.

Existing government staff providing specified services continue in their previous positions and on previous terms until the Board is constituted and has competitively recruited for all positions; upon constitution and recruitment such staff shall be redeployed in the public service.

The Cabinet Secretary, in consultation with the Board, may make regulations necessary for carrying out the provisions of the Act.

Establishes the Kenya Citizens and Foreign Nationals Management Service as a body corporate and sets its powers and location of headquarters.

The Service is responsible, under the general supervision of the Cabinet Secretary, for implementing policies, laws and matters relating to citizenship, immigration, vital events, identification and registration of persons, issuance of identity and travel documents, management of foreign nationals, and maintaining a national population register.

Establishes a Board of the Service as the governing body and specifies appointments: Chairperson by the President; Director-General and Secretary as ex officio members; Secretary appointed by the Board; five other non-public-officer members appointed by the Cabinet Secretary.

Section 6 assigns the Board responsibilities including policy formulation and review, monitoring performance, staff appointment/training/discipline/removal, establishing departments, recommending legal reviews, and requires the Board to ensure appointments conform to constitutional values and affirmative action principles.

The Board must establish specified committees and committees have authority to deliberate; committee meetings require a two-thirds quorum; committee resolutions only become Board decisions after being tabled and adopted by the Board.

The Chairperson and every Board member serve a single five-year term (first Chairperson serves six years); they may resign by written notice to the President (Chairperson) or Cabinet Secretary (members).

Appointment of the Chairperson and members of the Board may be terminated for inability to perform their office functions due to medical infirmity.