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
Travel Document issued subject to the provisions of the Refugee Act, and any other Humanitarian Convention.
"A person who unlawfully enters or is unlawfully present in Kenya commits an offense."
"A person convicted of an offense under this section shall be liable to a fine not exceeding five hundred thousand shillings or to imprisonment for a term not exceeding three years, or to both."
(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.
(2) A passport or travel document issued under this Act
shall remain the property of the Government of Kenya.
(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
(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.
Travel Document issued to a refugee shall be valid
for travel to all countries except the country of the holder’s
nationality and shall be valid for a period of five years.
(1) A person who—
(a) makes, whether within or outside Kenya, a false
declaration or statement, which he knows or has
reasonable cause to believe to be false or misleading,
for the purpose of obtaining or assisting another
person to obtain a passport, travel document, citizen
registration , visa, work permit, residence permit,
pass, written authority, consent or approval under
this Act;
(b) forges, alters, destroys or willfully defaces a
passport, travel document, certificate of registration,
visa, work permit, residence permit, pass, written
authority, consent or approval, or a copy of any
written authority, work or residence permit, pass,
written authority, consent or approval, or any entry
or endorsement in or passport or travel document,
issued or granted by a lawful service;
(c) knowingly uses or has in his possession a forged
passport, certificate of registration, visa, foreign
person certificate work permit, residence permit,
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pass, written authority, consent or approval, or a
passport, work permit, residence permit, pass,
written authority, consent or approval which has been
altered or issued without lawful authority, or a
passport or travel document or similar document in
which a visa, or endorsement has been forged, or
altered or issued without lawful service;
(d) knowingly has in his possession a passport, travel
document, certificate of registration, visa, work
permit, residence permit, pass, written authority,
consent or approval and who cannot reasonably give
a proper account of its possession;
(e) gives, sells or parts with the possession of a
passport, certificate of registration, visa, work
permit, residence permit, pass, written consent or
approval intending or knowing or having reasonable
cause to believe that it may be used by any other
person;
(f) without prior written approval of the immigration
officer, in connection with any activity carried on by
him takes, assumes, uses or in any manner publishes
any name, description, title or symbol indicating or
conveying or purporting to indicate or convey or
which is calculated or is likely to lead other persons to
believe or infer that such activity is carried on under
or by virtue of the provisions of the Act or under the
patronage of the Service;
(g) presents a forged, altered or false documents for the
purposes of obtaining a passport, travel document,
certificate of registration, visa, work permit, residence
permit, pass, written authority;
(h) counterfeits immigration stamps, receipts, work
permits, residence permits, citizenship forms, passes,
passport, travel documents, or is in possession of any
immigration material without lawful service;
(i) without any lawful cause confiscates, forcefully takes
or detains a passport or travel document issued to
another person;
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(j) any person who fails to comply with any requirement
imposed on him by regulations made under this Act
or under the repealed immigration Act with respect to
surrendering of certificates of naturalization or
certificates of registration;
(k) any person printing, publishing, uttering or knowingly
being in possession of a document, card, booklet or
paper, purporting, either by reason of the use of the
word passport or by reason of the contents thereof,
to be a passport, other than a passport lawfully
issued by the Government of Kenya or by the
Government of any other country;
(l) any person who possesses a passport, travel
document, visa or other document of Kenyan or other
origin that purports to establish or that could be used
to establish a person’s identity; or uses such a
document, including for purposes of entering or
remaining in Kenya; or imports, exports or deals in
such a document, commits an offence.