ADVOKS GLOBAL · KENYA
Kenya Citizenship and Immigration Act
40. Issuance of permits
Edition: 2022-12-31 · In force
40. Issuance of permits
(1)In this section—"Committee" means the permits determination committee appointed by the Cabinet Secretary.(2)An application for a permit shall be made to the Director in the prescribed manner.(3)The Director shall issue a permit of the required class to a person who is not a prohibited immigrant or inadmissible person, who has—(a)made an application in the prescribed manner before entry into Kenya; and(b)satisfied the Committee that he has met the requirements relating to the particular class of permit.(4)The Director shall issue or revoke a permit on recommendations of the Committee.(5)The Committee shall have power to request for additional information and where necessary, summon the applicants, require production of production supporting documents.(6)The Director shall, within fourteen days of receipt of recommendations of the Committee, cause to be issued a permit to an applicant who so applies and qualifies.(7)Where the Director is of the opinion that the issue of permits to an applicant is not in the interest of the country or for any other sufficient reason, the Director may upon giving reasons, in writing, to both the applicant and the Committee—(a)refer the matter back to the Committee for further consideration; or(b)decline to issue the permit to the applicant.(8)Where the application has been referred back to the Committee, the Committee shall, within fourteen days, make its findings to the Director and such findings shall be limited to the reasons given for the referral.(9)Subject to the provisions of this Act, the Committee shall regulate its own procedures.(10)Any person who is aggrieved by a decision made under this section may apply to the Cabinet Secretary for review in the prescribed manner.(11)A notice of approval or rejection as the case may be, of an application under this section shall be issued to the respective applicant in the prescribed manner.(12)Where the notification issued under subsection (11) is for the rejection of the application, an aggrieved applicant may apply for a review of the Cabinet Secretary's decision within a period of ninety days from the date of receipt of the notification and may appeal the decision of the Cabinet Secretary to the High Court.