Immigration in Kenya // 8 Required Passes You Need to Understand

Immigration in Kenya // 8 Required Passes You Need to Understand as a Business Person

By Sheila Munyi – Advocate of the Kenya High Court &  Partner at MA Law Africa.

Immigration in Kenya is handled by the Department of Immigration Services located at Nyayo House Kenyatta Avenue/ Uhuru Highway in the capital city of Nairobi.

The main legislation that provides for Immigration in Kenya is the Kenya Citizenship, and Immigration Act No. 12 of 2011, Laws of Kenya and the Regulations referred to in the Act are the Kenya Citizenship and Immigration Regulations, 2012. 

All the passes are prescribed under the Regulations pursuant to Section 36 of the Act. These are discussed as below:

 

DEPENDENT’S PASS

 

This pass is issued to individuals whose spouse, parent or guardian is lawfully entitled to enter Kenya. Dependency can also be in an instance whereby reason of disability or incapacity, an individual depends on someone to maintain themselves adequately.

They are issued to the dependants of Kenya Citizens, Permit holders, Exempted Persons and Permanent Residents.

Exempted Persons mean all persons who are entitled to privileges and immunities under Section 34 (3)(a)  to (g) of the Act who are exempt from obtaining a permit or pass. They are:

 

• Accredited representatives to Kenya of the government of any Commonwealth country and includes the spouse and child of the representative;

• Accredited envoy to Kenya of a foreign sovereign state, and includes the spouse and child of that envoy;

• A person upon whom the immunities and privileges have been conferred and include their spouses and children or other dependants;

• Accredited diplomatic and consular staff and includes their spouses and children;

• Official staff of persons mentioned under clauses 1.1 and 1.2 and includes their spouses and children;

• The domestic staff of persons mentioned under clauses 1.1, 1.2 and 1.3 and includes their spouses and children; and

• Any person/ class of persons exempted by the Cabinet Secretary.

 

 

SPECIAL PASS

 

Pursuant to Section 34 of the Regulations, this pass is issued to persons who wish to enter or remain in Kenya for:

 

• A limited period for the purpose of applying a review of a decision denying a permit;

• Applying for a permit or pass;

• Temporarily conducting any business, trade or profession whether paid or unpaid; or

• Any other purpose which the immigration officer considers suitable.

 

Depending on the type of profession, you may be required to submit a clearance from the regulatory bodies in Kenya. For instance: for a doctor, clearance from the medical and dentist board; for an engineer, clearance from the engineering board.

The pass is issued for a period not exceeding three (3) months renewable once subject only to reasons that may be considered valid by the immigration officer.

 

STUDENT’S PASS

 

This pass is issued to individuals who would want to remain in Kenya for the purpose of receiving education or training at a Kenyan-based educational or training institution pursuant to Section 30 of the Regulations. The individual must have already been accepted as a student/pupil.

Additionally, the institution the individual wishes to obtain education or training from must be registered as an educational establishment. In the event where the institution is relatively new, a copy of the registration must be submitted.

 

INTERNSHIP OR RESEARCH PASS

 

This pass is issued to persons who wish to undertake an internship or take part in academic research in an accredited institution in Kenya. The person must have been accepted as a researcher of intern in a Kenyan institution pursuant to Section 29 of the Regulations.

The intern or researcher shall remain in Kenya for a period not exceeding twelve (12) months.

 

VISITOR’S PASS

 

Pursuant to Section 31 of the Regulations, this pass is issued to persons who wish to enter Kenya:

 

• As a visitor;

• For a holiday; or

• For any temporary purpose approved by the immigration officer. The visitor’s pass is given for a maximum period of six (6) months.

 

RE-ENTRY PASS

This pass is endorsed in the holder’s passport issued to a holder of a dependent pass, lawfully in Kenya who intends to leave Kenya temporarily or who left Kenya temporarily but at the time of departure from Kenya, was lawfully present in Kenya.

A re-entry pass is valid for the expected period of absence from Kenya but shall not in any case exceed two (2) years.

 

TRANSIT PASS

 

This pass is endorsed in the holder’s passport entitling the holder to enter and remain in Kenya for the purpose of travelling to a destination outside Kenya.

This pass is valid for a period not exceeding three days pursuant to section 32 of the Regulations.

 

PROHIBITED IMMIGRANTS PASS OR INADMISSIBLE PERSONS PASS

 

This pass is issued to persons to enter or remain temporarily in Kenya for such period or to allow transit through Kenya subject to conditions as may be specified in the pass or for transit purposes pursuant to section 33 of the Regulations.

A prohibited immigrant is described as any non-Kenyan citizen who is a criminal or is suspected of being a criminal and has committed any crimes more specifically outlined under section 33(1)(a)-(v) of the Act. Pursuant to section 33(2)(a)-(f) of the Act, an inadmissible person is described as a non-Kenyan citizen  who:

1. 1. Refuses to submit for medical examination by a medical practitioner after being required to do so by an immigration officer;
   2. The family and dependents of a prohibited immigrant;
   3. Incapable of supporting themselves and the dependants;
   4. Is adjudged insolvent;
   5. Has been judicially declared incompetent; and/or
   6. An asylum seeker whose application for grant of refugee status has been rejected.

In conclusion, all the passes we have summarized as above, are subject to the provisions stipulated in the Act and Regulations.

Note: This legal article is for information purposes only and should not be relied upon without legal consultation. Should you have any questions, please feel free to reach MA Law via email at contact@malawafrica.com or phone number: +254 (0) 703 124 871.