ADVOKS GLOBAL · KENYA
Kenya Citizenship and Immigration Act
31. Confiscation or suspension of a passport or travel document
Edition: 2022-12-31 · In force
31. Confiscation or suspension of a passport or travel document
(1)An immigration officer or any other law enforcement officer may suspend or confiscate a passport or other travel document where—(a)the holder permits another person to use his passport or travel document;(b)the holder has been deported or repatriated to Kenya at the expense of the Government;(c)the holder is convicted for drug trafficking, money laundering, trafficking in persons and smuggling, acts of terrorism or any other international crime;(d)a warrant of arrest has been issued against the holder and there is a risk of absconding;(e)the holder is a person against whom there is a court order restricting movement or authorizing denial, confiscation, or suspension of the passport or travel document;(f)the holder is involved in passport or document fraud, passport or document forgery or transnational crimes;(g)it is necessary to examine the passport or travel document for a period not exceeding seven days; and(h)subject to the Constitution, any other circumstances which in the opinion of the Director would be prejudicial to the interest of the State or holder of the passport.(2)The immigration officer shall, on suspending or confiscating the passport or travel document in accordance with subsection (1), inform the holder, in writing, within seven days, citing the reason, and may require him to surrender the passport or travel document.(3)Upon being served with a notice under subsection (2), the holder shall within twenty one days of service, surrender the passport or travel document to the nearest immigration office or an authorized agent.(4)Where the holder of a passport or travel document fails to surrender the passport or travel document as required under subsection (3), it shall become null and void after the expiry of twenty one days from the date of service of the notice to surrender the passport or travel document.(5)A person who is aggrieved by the decision to suspend or confiscate their passport may, within fourteen days of the receipt of written notice of such suspension or confiscation, file an appeal to the High Court.