The Fundamentals of Immigration Law and Practice in Kenya: An Analysis by Kenya’s Top Immigration Lawyers.

Introduction

Immigration practice in Kenya is governed by a framework of legislation, policies, and procedures designed to regulate the entry, stay, and exit of individuals from the country. In this article, we analyze the applicable laws and the various options available to foreigners seeking to visit the country for leisure, short-term business engagement or long-term investments as well as the option for permanent residence.

Applicable laws

The Constitution of Kenya 2010 - is the supreme from which all other laws are derive their legitimacy. Chapter 3 deals with Citizenship and authorizes Parliament to pass laws to regulate immigration.

The Kenya Citizenship and Immigration Act, 2011 – this is the primary law that governs acquisition and renunciation of citizenship, qualification for permanent residency status, issuance of work permits and special passes and removal of foreign nationals from the territory of Kenya. It also has appellate provisions through which foreign nationals can seek redress in case of denial of permits or passes.

The Kenya Citizenship and Immigration Regulations, 2012 – these regulations, which were enacted pursuant to Section 59 of the Kenya Citizenship and Immigration Act, 2011 give effect to the Act. The regulations create various types of work permits and outlines the procedure for applying for various permits and passes.

The Kenya Citizens and Foreign Nationals Management Service Act, 2011 – this law creates the Kenya Citizens and Foreign Nationals Management Service which is 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.

Work Permits and Passes

Depending on the reason for visiting Kenya, there are various options available to foreign nationals. These are:

Electronic Travel Authorization - Foreign nationals can travel to Kenya for ordinary visits (tourism and visiting family and friends) using the Electronic Travel Authorization (ETA) which has a dedicated portal where applicants can submit their applications.

Work Permits – these are issued to foreign nationals who want to live, work or do business in Kenya. They are of different classes, which are:

Class A – processing and mining

Class B – agriculture and animal husbandry

Class C – prescribed profession

Class D – Employment

Class F- Specific manufacturing

Class G – specific trade, business or consultancy

Class I – approved religious or charitable activities

Class K – Ordinary residents

Class M – refugees

Dependant’s pass – a dependant’s pass is issued to a dependant of a holder of a Kenyan work permit or to a spouse of a Kenyan citizen.

Special pass – a special pass is issued to a foreign national desirous of visiting Kenya for purposes of short-term business engagement for up to 3 months. It can also be issued to an applicant whose work permit or permanent residence application is pending and needs to visit Kenya.

Permanent Residence – the following categories of persons qualify for permanent residence:

-A spouse of a Kenyan citizen who has been married for at least 3 years;

-A foreign national who has lawfully lived in Kenya for at least 7 years and who has been continuously present in Kenya for the 3 years preceding the application;

-A child of a Kenyan citizen who has acquired the citizenship of another country which does not allow its citizens to hold dual citizenship; and

-A Kenyan citizen by birth who lost or renounced his citizenship and acquired the citizenship of another country that does not allow its citizens hold dual citizenship.

Conclusion

Kenya’s immigration laws are quite intricate both in substance and procedure. Therefore, understanding the fundamentals discussed in this article will help navigate the various complexities and ensure compliance with the relevant regulations.

At PM Kithuka & Co. Advocates, we provide customized immigration legal services to our clients. If you have specific scenarios or need legal advice, contact us today to talk to our immigration law experts.

Disclaimer:

This publication is meant for general information only and does not create an advocate-client relationship between any reader and PM Kithuka & Co. Advocates. For particular expert advice on any matter dealt with above, please contact us at advocate@pmkattorneys.com or pmakau@pmkattorneys.com.