Last Change:

08/18/2025

Citizenship and Immigration Regulations, 2012

Year: 2012

Type: Domestic law

Rights Category: Freedom of movement, Nationality & facilitated naturalization, Work & Workplace rights, Documentation

Link to external source: https://www.refworld.org/legal/legislation/natlegbod/2012/en/123211?prevDestination=search&prevPath=/search?keywords=Kenya+Citizenship+and+Immigration+Regulations&order=desc&sm_country_name%5B%5D=Kenya&sort=score&result=result-123211-en
Description

The Kenya Citizenship and Immigration Regulations, 2012 provide a detailed framework for implementing the Kenya Citizenship and Immigration Act, 2011, ensuring effective management of citizenship and immigration processes. The regulations outline procedures for issuing permits, passes, and granting permanent residence, specifying eligibility criteria and conditions. They define categories of prohibited immigrants and inadmissible persons to safeguard public health and national security. Additionally, the regulations govern deportation procedures and provide an appeal mechanism for individuals aggrieved by decisions under the Act, ensuring fairness and transparency in immigration management. These provisions support lawful migration and population oversight in Kenya.

Selected provisions
Regulation 18 - Issuance of Permits:

18. (1) The classes of permits to be issued under section 40 of the Act shall be as set out in the Seventh Schedule.

(2) An application for a permit shall be in Form 25 set out in the First Schedule and shall be accompanied by the prescribed fee.

(3) A permit issued under this regulation shall be in Form 26 set out in the First Schedule.

Regulation 22 - Issuance of Passes:

(1) The classes of passes to be issued under section 36 of the Act shall be as set out in the Eighth Schedule.

(2) An application for a pass shall be in Form 32 set out in the First Schedule and shall be accompanied by the prescribed fee.

(3) A pass issued under this regulation shall be in Form 33 set out in the First Schedule.

Regulation 26- Prohibited Immigrants and Inadmissible Persons:

(1) The persons specified in section 33 of the Act are prohibited immigrants and inadmissible persons and shall not be permitted to enter or remain in Kenya.

(2) Notwithstanding paragraph (1), the Cabinet Secretary may, in writing, permit a prohibited immigrant or inadmissible person to enter or remain in Kenya, subject to such conditions as the Cabinet Secretary may deem fit.

Article 27 - Dependant's pass

(1) A person who is lawfully in or entitled to enter Kenya, by virtue of—
(a) being a citizen of Kenya;
(b) having been issued with a permit;
(c) being an exempted person;
(d) being a person to whom section 34 (3) of the Act applies; or
(e) being a permanent resident,
may apply, on behalf of his or her dependant to an immigration officer, in Form 28
set out in the First Schedule, for a dependant's pass.

Regulation 34 - Deportation

(1) Where a deportation order is made under section 43 of the Act, the person against whom it is made shall—

(a) be informed of the reasons for the deportation; and

(b) have the right to appeal against the order in accordance with section 49 of the Act.

(2) A deportation order shall be in Form 36 set out in the First Schedule.

Regulation 37 - Permanent Residency

The following persons, their children and spouses shall be eligible upon application in the prescribed manner for grant of permanent residence status in Kenya persons who have held work permits for at least seven years and have been continuously resident in Kenya for the three years immediately preceding the making of the application; the spouses of Kenyan citizen married for at least three years.

Regulations - Appeals:

38. (1) A person aggrieved by a decision made under the Act or these Regulations may appeal to the High Court within thirty days of the decision.

(2) The High Court may confirm, vary, or reverse the decision appealed against.

(3) The decision of the High Court on any appeal under this regulation shall be final.