Last Change:
01/23/2025
Kenya Citizenship and Immigration Act
Year: 2011
Type: Domestic law
Rights Category: Liberty & security of person, Nationality & facilitated naturalization, Work & Workplace rights, Documentation
Description
The Act governs citizenship and immigration matters, outlining procedures for issuing permits, passes, and granting permanent residence. It defines prohibited immigrants, inadmissible persons, and deportation processes, promoting national security and public health. Additionally, it establishes an appeal mechanism for individuals aggrieved by immigration decisions. By regulating the presence of foreign nationals, the Act supports Kenya's broader goals of lawful migration and effective population management.
Selected provisions
(1) A person who is not a citizen of Kenya may apply to the Director for a pass to enter or remain in Kenya for such period and on such conditions as may be prescribed.
(2) The Director may issue a pass of a prescribed class or description to a person who is not a citizen of Kenya, subject to such conditions as may be specified in the pass, authorizing that person to enter or remain in Kenya for such period as may be specified in the pass.
(3) A pass issued under this section shall cease to be valid if any condition specified in the pass is not complied with.
(1) A person who is not a citizen of Kenya and intends to enter or remain in Kenya for purposes of employment, business, or residence may apply to the Director for a permit of the relevant class or description.
(2) The Director may, upon application, issue a permit of a prescribed class or description to a person who is not a citizen of Kenya, subject to such conditions as may be specified in the permit, authorizing that person to enter or remain in Kenya for such period as may be specified in the permit.
(3) A permit issued under this section shall cease to be valid if any condition specified in the permit is not complied with.
(1) A person who has been lawfully resident in Kenya for a continuous period of at least seven years may apply to the Director for permanent residence status.
(2) The Director may, upon application, grant permanent residence status to a person who—
(a) has been lawfully resident in Kenya for a continuous period of at least seven years;
(b) has been of good conduct; and
(c) has sufficient means of livelihood.
(3) A person granted permanent residence status under this section shall be issued with a certificate of permanent residence in the prescribed form.
(1) For purposes of this Act, a prohibited immigrant is a person who is not a citizen of Kenya and who—
(a) not having received a pardon—
(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;
(ii) has been acquitted by a court of any offence and who at the time of acquittal has no valid passport or other travel document, or the means or ability to lawfully remain in Kenya;
(b) is a fugitive from justice;
(c) is involved in human trafficking, human smuggling, or any other international crime;
(d) is a member of a prohibited group or organization;
(e) is engaged in activities that are a threat to national security;
(f) is a person against whom there is in force a deportation order made under section 43;
(g) is a person whose presence in or entry into Kenya is unlawful under any written law;
(h) is a person who, upon entering or seeking to enter Kenya, fails to produce a valid passport or other travel document recognized in Kenya;
(i) is a person who has been declared a prohibited immigrant under this Act or any other written law.
(2) For purposes of this Act, an inadmissible person is a person who is not a citizen of Kenya and who—
(a) refuses to submit to a medical examination when required to do so under section 48(1)(d);
(b) is certified by a medical practitioner to be suffering from a prescribed disease;
(c) is a person in respect of whom there is in force a deportation order made under section 43;
(d) is a person whose entry into or presence in Kenya is unlawful under any written law;
(e) is a person who, upon entering or seeking to enter Kenya, fails to produce a valid passport or other travel document recognized in Kenya;
(f) is a person who has been declared an inadmissible person under this Act or any other written law.
(1) The Cabinet Secretary may, by order in writing, direct that any person whose presence in Kenya is unlawful under this Act or any other written law, or whose presence is, in the opinion of the Cabinet Secretary, undesirable and not conducive to the public good, be deported from and remain out of Kenya either indefinitely or for such period as may be specified in the order.
(2) A person against whom a deportation order has been made shall—
(a) be detained in such manner as may be directed by the Cabinet Secretary; and
(b) be deported in accordance with the directions of the Cabinet Secretary.
(3) The provisions of this section shall be in addition to, and not in derogation of, any other powers conferred by this Act or any other written law for the removal of persons from Kenya.
(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.
(2) An appeal against the decisions of the Cabinet Secretary or of the Service under this Act may be made to the High Court.
A person who does not have an enforceable claim to the citizenship of any recognized state and has been living in Kenya for a continuous period since 12th December 1963, shall be deemed to have been lawfully resident and may, on application, in the prescribed manner be eligible to be registered as a citizen of Kenya if that person satisfies the requirements under this article.
A person who does not have an enforceable claim to the citizenship of any recognized state and has been living in Kenya for a continuous period since 12th December 1963, shall be deemed to have been lawfully resident and may, on application, in the prescribed manner be eligible to be registered as a citizen of Kenya if that person satisfies the requirement under this article.
A person who has attained the age of majority and capacity who has been
lawfully resident in Kenya for a continuous period of at least seven years may on
application be registered as a citizen
"An applicant shall be required to satisfy the Cabinet Secretary that they— (a) have adequate knowledge of Kenya and of the duties and rights of citizens as contained in this Act; (b) are able to understand and speak Kiswahili or a local dialect; (c) have been assessed by the Kenya Revenue Authority and paid taxes; (d) intend to continue to reside in Kenya after naturalization; and (e) have been resident in Kenya throughout the period of twelve months immediately preceding the date of the application."