ADVOKS GLOBAL · KENYA
Kenya Citizenship and Immigration Act
44. Duties and Liabilities of carriers
Edition: 2022-12-31 · In force
44. Duties and Liabilities of carriers
(1)A person in charge of a carrier arriving from or leaving for any place outside Kenya, or the owner of or agent of the carrier, shall, furnish to an immigration officer at the first port of entry or departure a list in duplicate, signed by himself or by some person authorized to sign it on his behalf, the names of all persons in the carrier including—(a)details of identity of all passengers on board the carrier classified according to their respective destinations;(c)such other information as the cabinet secretary may prescribe.(2)A person in charge of a carrier about to call at any port or place outside Kenya, shall, if so required by an immigration officer, take into his custody any person in respect of which subsection (3) applies, and, on due payment, afford that person a passage to that port or place, and proper accommodation and maintenance during that passage.(3)Where any person who is conveyed to Kenya in a carrier, is refused permission to enter Kenya on the ground that he is a prohibited immigrant or inadmissible person—(a)the owner of the carrier and the person in charge of the carrier which brings in a prohibited immigrant or inadmissible person shall be liable to a surcharge in the sum not exceeding Kenya shillings two hundred thousand for every such person brought into Kenya and in default of payment of the sum surcharged the carrier shall be liable to detention at the cost jointly and severally of the owner and the person in charge;(b)the person in charge of the carrier shall, if so required by an immigration officer, take that person into his custody and ensure that he is removed from Kenya;(c)the owner of the carrier and the person in charge of the carrier shall jointly and severally be liable to pay to the Government all expenses incurred by the Government in respect of the transportation, maintenance and upkeep of that person and his removal from Kenya, and the amount of such expenses shall be a civil debt recoverable summarily;(d)notwithstanding paragraphs (a), (b) and (c) above, any carrier knowingly bringing in passengers with forged documents, passengers without travel documents, passengers with documents issued to other people, passengers without return or onward ticket or passengers without visa shall be liable to a surcharge of Kenya shillings One Million for every passenger and in default of payment of the surcharge the carrier shall be liable to detention at own cost; or(e)notwithstanding paragraphs (a), (b) and (c) above, any carrier bringing in passengers in transit who are improperly documented shall be surcharged Kenya Shillings one Million per passenger failure to which the carrier may be detained at their own cost.(4)Any person who is taken into the custody of the person in charge of a carrier pursuant to this section is deemed to be in lawful custody while he is in Kenya.(5)An immigration officer may examine the passports or travel documents of transit passengers at any entry or exit point and take action where necessary.(6)Where in the opinion of an immigration officer it becomes necessary to examine the travel and other documents of a passenger onboard a carrier, the person in charge of the carrier shall present upon demand by a immigration officer the passenger’s travel documents or details of identity presented at the last point of departure to Kenya.(7)An immigration officer shall have powers to detain a carrier, compel a carrier to pay such surcharge or penalties for bringing inadmissible persons into Kenya and compel the carrier to remove such persons.