ADVOKS GLOBAL · KENYA
Kenya Citizenship and Immigration Act
33. Prohibited Immigrants and inadmissible persons
Edition: 2022-12-31 · In force
33. Prohibited Immigrants and inadmissible persons
(1)For purposes of this Act, a prohibited immigrant is a person who is not a citizen of Kenya and who—(a)not having received a pardon—(i)has been convicted in Kenya or any country of an offence created under a statute for which a sentence of imprisonment is for a minimum term of three years;(ii)has been acquitted by a court of any offence and who at the time of acquittal has no valid immigration status;(iii)has committed or is suspected of having committed an offence provided for under international treaties and conventions ratified by Kenya;(b)a person engaged in human trafficking, human smuggling, sexual exploitation and sex crimes;(c)a person who procures or attempts engage in trafficking or smuggling into and out of Kenya any person for the purpose of engaging in sexual offenses;(d)a person who is reasonably suspected to be engaged in or facilitates the trafficking of narcotics, prohibited, controlled or banned substances;(e)a person who there is reasonable cause to believe that he is engaged in or facilitates trafficking in persons;(f)a person whose presence in or entry into Kenya is unlawful under any written law;(g)a person in respect of whom there is in force an order made or deemed to be made under section 43 directing that such person must be removed from and remain out of Kenya;(h)a person in respect of whom there is reasonable cause to believe that he or she is engaged in, facilitates any activity detrimental to the security of Kenya or any other state;(i)a person in respect of whom there is reasonable cause to believe that he or she is engaged in, facilitates or is sympathetic to acts of terrorism or terrorist activities directed against Kenya or detrimental to the security of Kenya or any other state;(j)a person involved in or is reasonably suspected to be engaged in money laundering;(k)a person convicted of war crimes or crimes against humanity, genocide, murder, torture, kidnapping or in respect of whom there are reasonable grounds for believing they have financed or facilitated any such acts;(l)a person engaged in or suspected to be engaged in illicit arms trade;(m)a person engaged in or suspected to be engaged in illegal human body organs trade;(n)a person involved or reasonably suspected to be involved in crimes related to patents, copyrights, intellectual property rights, cyber- crimes and related crimes;(o)a person involved in or reasonably suspected to be involved in piracy or has been convicted of piracy and served his sentence;(p)a person who is or has been at any time a member of group or adherent or advocate of an association or organization advocating the practice of racial, ethnic, regional hatred or social violence or any form of violation of fundamental rights;(q)a person whose conduct offends public morality;(r)a person who knowingly or for profit aids, encourages or procures other persons who are not citizens to enter into Kenya illegally;(s)a person who is seeking to enter Kenya illegally;(t)a person who is a fugitive from justice;(u)a person whose refugee status in Kenya has been revoked under the Refugee Act (Cap. 173);(v)any other person who is declared a prohibited immigrant by the order of Cabinet Secretary subject to the approval of parliament or who was, immediately before the commencement of this Act, a prohibited immigrant within the meaning of the Immigration Act (Repealed); and(w)a person who has been repatriated and or removed from Kenya under any lawful order.(2)For purposes of this Act, an inadmissible person is a person who is not a Kenyan citizen and who—(a)refuses to submit for examination by a medical practitioner after being required to do so under section 48(1)(d) of this Act;(b)the family and dependants of a prohibited immigrant;(c)incapable of supporting himself and his dependants (if any) in Kenya;(e)anyone who has been judicially declared incompetent;(f)an asylum seeker whose application for grant of refugee status has been rejected under the Refugee Act (Cap. 173); or(g)is, by order of the Cabinet Secretary, declared inadmissible on grounds of national security or national interest.(3)The Cabinet Secretary may make regulations on admission of immigration officer’s right to deny entry a person other than an asylum seeker who, upon entering or seeking to enter Kenya, fails to produce a valid and acceptable passport or travel document recognized in Kenya to an immigration officer on demand or within such time as that officer may allow.(5)Subject to section 34 the entry into and residence in Kenya of a Prohibited Immigrant or an inadmissible person shall be unlawful, and a person seeking to enter Kenya shall, if he or she is a prohibited immigrant or inadmissible person, be refused permission to enter or transit through Kenya, whether or not he or she is in possession of any document which, were it not for this section, would entitle him or her to enter or transit through Kenya.(6)An immigration officer may issue a pass to a prohibited immigrant or inadmissible person to enter or remain temporarily in Kenya for such period or authorize such prohibited immigrant or inadmissible to transit through Kenya subject to such conditions as may be specified in that pass or for transit purposes.(7)The Cabinet Secretary may make Regulations for the declaration of prohibited immigrants or inadmissible persons.(8)The Cabinet Secretary may from time to time review the status of prohibited immigrants and inadmissible persons, subject to the advice of the relevant committee.