ADVOKS GLOBAL · KENYA
Kenya Citizenship and Immigration Act
34. Residence
Edition: 2022-12-31 · In force
34. Residence
(1)A person who is not a citizen of Kenya or an asylum seeker shall not enter or remain in Kenya unless she or he has a valid permit or pass.(2)Subject to the provisions of this section, the presence in Kenya of any person who is not a citizen of Kenya shall, unless otherwise authorized under this Act, be unlawful, unless that person is in possession of a valid work permit or a valid residence permit or a valid pass.(3)This section shall not apply to—(a)the accredited representative to Kenya of the government of any Commonwealth country, and the spouse and any child of that representative;(b)the accredited envoy to Kenya of a foreign sovereign state, and the spouse and any child of that envoy;(c)a person upon whom the immunities and privileges set in the laws relating to Privileges and Immunities have been conferred under these laws, and the spouses and any children or other dependants of that person;(d)the accredited diplomatic or consular staff of the persons referred to in paragraphs (a) and (b), and the spouses and any children of the accredited diplomatic or consular staff;(e)the official staff of the persons referred to in paragraphs (a) and (b), and the spouses and any children of the official staff;(f)the domestic staff of the persons referred to in paragraph (a), (b) and (c), and the spouses and any children of the domestic staff;(g)any person, or class or description of persons, exempted by the Cabinet Secretary from the provisions of this section by notice in the Gazette.(4)Where a person who is exempted from the provisions of this section under subsection (3) ceases to be so exempted, that person shall after the expiration of such period of time, not exceeding six months, as an immigration officer may allow for the departure of the person from Kenya, report to the director accordingly and apply for the grant of a new status under this Act.