Kenya Citizens and Foreign Nationals Management Service Act

Section 1. Short title Section This Act may be cited as the Kenya Citizens and Foreign Nationals Management Service Act.

Section 2. Interpretation Section In this Act, unless the context otherwise requires— "Board" means the Kenya Citizens and Foreign Nationals Management Service Board established under section 5 ; "Cabinet Secretary" means the Cabinet Secretary responsible for citizens and foreign nationals management matters; "Director" includes the Director-General and any of the persons appointed under section 16 ; "Director-General" means the Director-General appointed under section 13 ; "foreign national" has the meaning provided under the Kenya Citizenship and Immigration Act (Cap. 170) and includes asylum seekers and refugees as defined in the Refugee Act (Cap. 173); "national population register" means a register developed under this Act for the purpose of capturing registration information on all Kenyans and Foreign Nationals resident in Kenya; "Service" means the Kenya Citizens and Foreign Nationals Management Service established under section 3 .

Section 3. Establishment and composition of the Service Section 3(1) There is established the Kenya Citizens and Foreign Nationals Management Service which shall be a body corporate with perpetual succession and a common seal. Section 3(2)(a) suing and being sued; Section 3(2)(b) taking, purchasing or otherwise acquiring, holding, charging or disposing of movable and immovable property; Section 3(2)(c) borrowing and lending money; Section 3(2)(d) charging fees for services rendered by it; Section 3(2)(e) entering into contracts; and Section 3(2)(f) doing or performing all such other things or acts necessary for the proper performance of its functions under this Act which may be lawfully done by a body corporate. Section 3(3) The headquarters of the Service shall be in the capital city, but the Service may establish branches at any place in Kenya to ensure reasonable access to its services.

Section 4. Functions of the Service Section 4(1) The Service shall, under the general supervision of the Cabinet Secretary, be responsible for the implementation of policies, laws and any other matter relating to citizenship and immigration, births and deaths, identification and registration of persons, issuance of identification and travel documents, foreign nationals management and the creation and maintenance of a comprehensive national population register. Section 4(2)(a) receiving, storing and updating information from primary registration agencies; Section 4(2)(a)(i) receiving, storing and updating information from primary registration agencies; Section 4(2)(a)(ii) generating of appropriate unique identifier for individuals and groups in accordance with this Act; Section 4(2)(a)(iii) subject to the Constitution and in consultation with other relevant institutions, regulating the sharing of information by the various registration agencies and other users; Section 4(2)(a)(iv) implement the relevant policies and guidelines and provide the Cabinet Secretary with the necessary information to guide the formulation of new policies, review of existing policies and guidelines; Section...

Section 5. Establishment of the Board Section 5(1) There shall be a Board of the Service which shall be the governing body of the Service. Section 5(2)(a) the Chairperson to be appointed by the President; Section 5(2)(b) immigration and population registration; Section 5(2)(b)(i) immigration and population registration; Section 5(2)(b)(ii) foreign affairs; Section 5(2)(b)(iii) internal security; Section 5(2)(c) the Director-General who shall be an ex officio member; Section 5(2)(d) the Secretary to the Board to be appointed by the Board who shall be an ex officio member; and Section 5(2)(e) five other persons with expertise or experience in matters relating to this Act who are not public officers, to be appointed by the Cabinet Secretary:

Section 6. Responsibilities of the Board Section 6(1)(a) formulation and review of the policies of the Service in accordance with constitutional values and principles including the principle on public participation; Section 6(1)(b) monitoring of the performance of the Service; Section 6(1)(c) appointment training, discipline and removal of members of staff of the Service; Section 6(1)(d) establishing departments within the Service and allocate responsibilities to such departments; and Section 6(1)(e) reviewing and recommending for review laws and regulations for the better management of the Act. Section 6(2) The Board shall ensure that all its appointments conform to the values and principles of the Constitution including the principles of affirmative action for gender equality, regional balance and inclusion of the marginalized populations at all levels of employment in accordance with Articles 27, 54, 55, 56, 232 and other relevant provisions of the Constitution of Kenya.

Section 7. Committees of the Board Section 7(1) The Board shall establish a Citizenship Advisory Committee, a Permits Determination Committee and such other committees as it shall deem necessary for the efficient and expedient disposal of the business of the Board. Section 7(2) A committee of the Board shall have authority to deliberate on and make resolutions or recommendations over such matter as shall be referred to it by the Board. Section 7(3) A committee of the Board shall be chaired by a member appointed by the Board and in the absence of the member, the members of committee present shall appoint one member from among themselves to chair the meeting. Section 7(4) The quorum for each meeting of a committee shall be two-thirds of its membership inclusive of its chair. Section 7(5) No resolution of a committee of the Board shall become a decision of the Board until it has been tabled before the Board and adopted by the Board.

Section 8. Tenure of office of the Chairperson, and members of the Board Section 8(1) The Chairperson of the Board and every member of the Board shall hold office for a single term of five years but for transitional purposes, the first Chairperson shall hold office for a term of six years. Section 8(2) The term of office of the Chairperson and members of the Board as first constituted and at every reappointment or change in membership shall commence on the date of publication in the Kenya Gazette . Section 8(3) The Chairperson or a member of the Board may resign his office by written notification under his hand addressed to the President in the case of the Chairperson and to the Cabinet Secretary in the case of a member of the Board.

Section 9. Termination of appointment of Chairperson, and members of the Board Section for his inability to perform the functions of his office by reason of medical infirmity;

Section 10. Meetings of the Board Section 10(1) The provisions of the Second Schedule shall apply to the meetings of the Board and other matters provided for in that Schedule. Section 10(2) Five members of the Board shall constitute a quorum for the transaction of any business of the Board. Section 10(3) The Board may co-opt any person to participate in such of its deliberations as it shall deem necessary, but a person so co-opted shall have no right to vote. Section 10(4) The Cabinet Secretary may, after consultation with the Board, amend the Second Schedule.

Section 11. Confidentiality Section 11(1)(a) for the purpose of an investigation of a cognizable offence; Section 11(1)(b) in the course of an inquiry into matters, of national security; Section 11(1)(c) in the course of his duties subject to the consent of the Director-General being sought and obtained by the officer; or Section 11(1)(d) under such other lawful circumstances as the Director-General shall either generally or with regard to any particular circumstances authorize: Section 11(2) Notwithstanding subsection (1) the service may disclose information that it is holding pursuant to Article 35 of the Constitution and subject to Article 31 of the Constitution. Section 11(3) No person who receives information in contravention of subsection (1) shall disclose or publish the information. Section 11(4) A person who contravenes any provision of this section commits an offence and shall on conviction be liable to a fine not exceeding ten million shillings or to imprisonment for a term not exceeding four years or both such fine, and imprisonment.

Section 12. Disclosure of interest by the Chairperson, and member Section 12(1) No person sitting on the Board shall be allowed to transact any commercial business with the Service. Section 12(2) The Chairperson or member of the Board who has any other direct or indirect personal interest in a matter being considered or to be considered by the Board shall as soon as practicable after the relevant facts concerning the matter have come to his knowledge disclose the nature of his interest to the Board. Section 12(3)(a) be present during any deliberations on the matter by the Board; or Section 12(3)(b) take part in the decision of the Board on the matter. Section 12(4)(a) be present during the deliberations of the Board nor take part in the making of such determination by the Board; or Section 12(4)(b) influence any other member in the way they will take part in the making of such determination.

Section 13. Appointment of the Director-General Section 13(1) There shall be a Director-General of the service who shall be appointed by the Cabinet Secretary upon the recommendation of the Board after a competitive recruitment process, on such terms and conditions as are specified in the instrument of appointment. Section 13(2)(a) the day-to-day operations of the Service; Section 13(2)(b) the management of funds, property and affairs of the Service; and Section 13(2)(c) the administration, organization and the control of the staff of the Service. Section 13(3) The Director-General shall hold office for a single term of six years. Section 13(4) To qualify for appointment as a Director-General, a person shall possess a degree in either law, economics, immigration matters, refugee affairs, administration, management, population studies or demography and such other additional qualifications as the Board may prescribe. [Act No. 12 of 2012 , Sch.]

Section 14. Removal of the Director-General from office Section misconduct in contravention of the code of conduct and discipline as developed by the Service;

Section 15. Delegation of powers of the Director-General Section The Director-General may, with the approval of the Board, delegate in writing, any of his powers or functions under the Act or any other written law to a Director, an immigration officer, a registrar, a registration officer or any other officer or member of staff on the terms specified in the instrument of delegation.

Section 16. Appointment of directors and other members of staff Section 16(1) The Service may upon such terms and conditions appoint such Directors and other members of staff as may be necessary for carrying out its functions. Section 16(2) Any reference to a Director or Head of a department or any member of the staff of the service by whatever reference adopted and in relation to the laws administered by the Service shall be construed as reference to the Director- General. Section 16(3) Any reference to a department under the Acts set out in the First Schedule shall be deemed to be reference to the Service. [Act No. 12 of 2012 , Sch.]

Section 17. Seal of the Service Section 17(1) The seal of the Service shall be authenticated by the signature of the Director-General and the Secretary to the Board. Section 17(2) In the absence of the Director-General an officer designated by him or her or by the Board for the purpose may authenticate the seal in his place, and in the absence of the Secretary to the Board, the person for the time being performing the functions of the Secretary may authenticate the seal in his or her place. Section 17(3) Every document purporting to be an instrument issued by the Service and to be sealed with the seal of the Service authenticated in the manner provided by subsection (1) or (2) shall be deemed to be such an instrument and shall unless the contrary is proved be deemed to have been so sealed and authenticated and shall be received in evidence accordingly.

Section 18. Funds of the Service Section 18(1)(a) monies provided by Parliament through the national government; Section 18(1)(b) appropriations in aid or such other moneys as may be authorized to accrue to or vest in the Service in the course of the exercise of its powers or the performance of its functions under this Act or under any other written law; Section 18(1)(c) such grants, donations or endowments received by the Board on behalf of the Service; and Section 18(1)(d) funds that may be received by the Service from any other sources authorized by the law. Section 18(2) The Service may in the discharge of its functions levy such fees and charges as may be prescribed from time to time and administer it in accordance with the authority granted by this Act or any other law.

Section 19. Annual estimates Section 19(1) The Service shall, not later than four months before the end of a financial year, prepare an estimate of the income and expenditure of the Service for the next financial year. The financial year of the Service will be the same as the government’s. Section 19(2)(a) the payment of salaries, emoluments, benefits, allowances and other charges of the staff of the Service; Section 19(2)(b) the acquisition, construction and proper maintenance of the buildings and the grounds of the Service as may be approved by the national government; Section 19(2)(c) pension contributions, gratuities and other charges in respect of the staff of the Service in accordance with the relevant laws; Section 19(2)(d) the proper maintenance, repair and replacement of the equipment and other property of the Service; and Section 19(2)(e) the creation of such reserve funds to meet future or contingent liabilities in respect of such other matter as the Service considers appropriate in line with the public financial management laws. Section 19(3) The annual estimates shall be approved by the Board and shall be submitted to the Cabinet Secretary for final approval as provide...

Section 20. Financial year of the Service Section The financial year of the Service shall be the period of twelve months ending on the thirtieth June of each year.

Section 21. Accounts and records Section 21(1) The Service shall keep or cause to be kept proper books and records of its income, expenditure, assets and liabilities. Section 21(2) The accounts of the Service shall be audited and reported upon in accordance with the public financial management laws.

Section 22. Review of Director’s decisions Section 22(1) A person aggrieved by a decision of the Director made pursuant to any of the Acts specified in the First Schedule may apply to the Cabinet Secretary for review of the decision of the Director. Section 22(2) The application under subsection (1) shall be in such manner as shall be prescribed.

Section 23. Establishment of the Tribunal Section 23(1) There is established a tribunal to known as the Kenya Citizenship and Immigration Service Appeals Tribunal. Section 23(2)(a) a Chairperson who shall be a person qualified to be appointed a judge of the High Court; Section 23(2)(b) two persons qualified and experienced in matters relating to public administration, immigration or demography. Section 23(3) The Tribunal shall have the same powers as a subordinate court of the first class. Section 23(4) Any person aggrieved by a decision of the Board or Director under this Act may appeal to the Tribunal in accordance with subsection (5). Section 23(5) The Chief Justice shall prescribe the manner of appeal and rules of procedure for the Tribunal. Section 23(6) A person aggrieved by a decision of the Tribunal under this section may appeal to the High Court in such manner and time as may be prescribed under subsection (5).

Section 24. Vesting of assets Section All assets whether movable or immovable registered in the name of or otherwise belonging to any of the departments referred to in the Acts of Parliament set out in the First Schedule or in Acts repealed by any of the Acts referred to in the First Schedule shall upon coming into effect of this Act vest in the Service.

Section 25. Transition of staff Section 25(1) Until the Board is constituted and has competitively recruited for all the positions in accordance with this Act, the staff of any department or public officer employed by the government for the purposes of providing the services under the laws specified in the First Schedule immediately before the commencement of this Act, shall continue to provide such services in their previous positions on the previous terms and conditions of employment. Section 25(2) Subject to subsection (3), the member of staff or public officer referred to in subsection (1) shall, upon constitution of the Board and competitive recruitment by the Board for all positions in accordance with this Act, be redeployed in the public service. Section 25(3)(a) require such member of staff or public officer to make an application for employment to the Board; and Section 25(3)(b) using the criteria determined by the Board, vet such a person to ensure that he or she is fit and proper to serve in the position applied for as a member of staff of the Service.

Section 26. Regulations Section The Cabinet Secretary, in consultation with the Board, may make such regulations as shall be necessary for the better carrying out of the provisions of this Act.