Kenya Citizenship and Immigration Act

Section 1. Short title Section This Act may be cited as the as the Kenya Citizenship and Immigration 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 compu...

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.

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.]

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 prescrib...

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.

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

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.]

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.]

Section 5D. Report to the National Security Council Section a report on its activities and operations during that year; and

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.

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.]

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 exc...

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,...

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.

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;

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.

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 o...

Section 14. Adopted children Section the production of proof of the Kenyan citizenship of the adopting parent;

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.]

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.]

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 co...

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.

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 ide...

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.

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 w...

Section 22. Rights of citizens Section the right to enter, exit, remain in and reside anywhere in Kenya;

Section 23. Duties of citizens Section owe full allegiance to the State and the Constitution of Kenya;

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.

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. Se...

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...

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 appli...

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.

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 subsection...

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.

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...

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.

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 beli...

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 staf...

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.

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.

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;

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;

Section 39. Loss of permanent residence status Section upon acquisition of Kenya citizenship;

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...

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 engage...

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.

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. Sect...

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 t...

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 conduct...