ADVOKS GLOBAL · KENYA
Kenya Citizenship and Immigration Act
2. Interpretation
Edition: 2022-12-31 · In force
2. Interpretation
(1)In this Act, unless the context otherwise requires—"application" means a request in a prescribed form made under this Act;"Board" means the Kenya Citizens and Foreign Nationals Management Service Board established under section 5 of the Kenya Citizens and Foreign Nationals Management Service Act (Cap. 171);"border" means the national borders of Kenya and includes the ports of entry, the coastlines and the outer margin of territorial waters;"Cabinet Secretary" means the Cabinet Secretary responsible for matters relating to citizenship and the management of foreign nationals;"carrier" includes any ship, boat, aircraft, wagon, truck, or any other vessel of conveyance;"certificate of registration" means a certificate of registration issued under section 18;"child" means any human being under the age of eighteen years;"dependant" means a person who by reason of age, disability or any status of incapacity is unable to maintain himself or herself adequately and relies on another person for his maintenance;"deportation" means the action or procedure aimed at causing an illegal foreign national to leave the country either voluntarily or compulsorily, or under detention in terms of this Act and the verb ‘to deport’ has a corresponding meaning;"director" means any person appointed as a director under section 16 of the Kenya Citizens and Foreign Nationals Management Service Act (Cap. 171);"entry" means admission into Kenya at a designated port of entry on the basis of the authority to do so validly granted under this Act;"exit" means departing Kenya from a designated port of entry in compliance with this Act;"foreign national" means any person who is not a citizen of Kenya;"foreign nationals order" means an order made by the Cabinet Secretary under section 56;"foreign national registration certificate" means a registration certificate issued under section 56;"habitual residence" means stable, factual residence of a person, in Kenya;"holding facility" means any place designated as a holding facility under section 50 of this Act;"human smuggling" means the procurement, in order to obtain, directly or indirectly a financial or other material benefit, of the illegal entry (and exit) of a foreign national into and outside Kenya;"immigration officer" means the Director and any of the persons appointed as an immigration officer under section 16 of the Kenya Citizens and Foreign Nationals Management Service Act (Cap. 171);"inadmissible person" means a person declared under section 33(2) as an inadmissible person."Kenya mission" includes an office of a consular officer of the Government of Kenya and where there is no such office, such other office as may be prescribed;"marriage" means a legally sanctioned conjugal relationship between a man and a woman intended to be permanent and recognized under the laws of Kenya;"pass" means a pass issued pursuant section 36;"passport" means a passport issued under this Act or issued by any lawful authority or government recognized by the Government of Kenya;"permit" means a permit issued under section 40;"permanent resident" means a person who has acquired permanent residence status under section 38 and has not subsequently lost that status;"permanent residence" means a status granted to a person under section 37;"piracy" has the meaning assigned under section 369 of the Merchant Shipping Act (Cap. 389);"premises" means any building, structure, enclosure or tent together with or without the land on which it is situated and the adjoining land used in connection with it and includes any land without any building structure or tent and any vehicle, conveyance, vessel or ship;"prohibited immigrant" means a person declared as a prohibited immigrant under section 33(1);"port" means a designated place where a person has to report before he or she may move, sojourn, enter, exit or remain within the country;"Service" means the Kenya Citizens and Foreign Nationals Management Service established under the Kenya Citizens and Foreign Nationals Management Service Act (Cap. 171);"stateless person" means a person who is not recognized as a citizen by any state under the operation of the laws of any state;"travel document" means a document issued under this Act or issued by any lawful authority or government recognized by the Government of Kenya for the purpose of travel;"trafficking in persons" has the meaning assigned to it by section 3 of the Counter Trafficking in Persons Act (Cap. 61);"visa" means a visa issued under this Act or issued by any lawful authority or government recognized by the Government of Kenya.