ADVOKS GLOBAL · KENYA
Kenya Citizenship and Immigration Act
49. Power of arrest and search of persons
Edition: 2022-12-31 · In force
49. Power of arrest and search of persons
(1)Within twenty four hours after a permanent resident or a foreign national is taken into detention, or without delay afterward, the arresting officer of the Service shall produce the person detained before a judicial officer to review the reasons for the continued detention.(2)An immigration officer or a police officer who has reasonable cause to believe that a person has committed an offence under this Act, or is unlawfully present in Kenya, may, if it appears to him to be necessary to do so in order to ensure that the purposes of this Act are not defeated, arrest that person without warrant subject to the Bill of Rights; and the Criminal Procedures as if police officer include a reference to immigration officer.(3)At least once during the seven days following the review under subsection (1), and at least once during each thirty day period following each previous review, the Service shall produce the detained person before a judicial officer to review the reasons for continued detention.(4)A person other than a citizen of Kenya who, having been ordered to be deported from any country, enters Kenya on his way to his final destination, may be arrested without warrant by an immigration officer or a police officer and may be detained in prison or in police custody or immigration holding facility pending the making of arrangements for his departure from Kenya, and shall be deemed to be in lawful custody while so detained and such person needs to be taken to court within twenty four hours.(5)The Court shall not order the release of a permanent resident or a foreign national unless it is satisfied that the permanent resident or foreign national shall present himself on being required to do so by an immigration officer or a police officer and taking into account the following factors—(a)whether he is a danger to the public and whether or not he is carrying or conveying any documents;(b)whether he is likely to appear for examination or an admissibility hearing or a hearing regarding his removal from Kenya or a hearing to determine whether he should be permitted to remain in Kenya or whether there are pending proceedings that could lead to the making of a removal order;(c)where the Cabinet Secretary is taking necessary steps to inquire into a reasonable suspicion that they are inadmissible on the grounds of security or for violating human or international rights;(d)where the Cabinet Secretary is of the opinion that the identity of the foreign national has not been, but may be, established and have not reasonably cooperated with the Cabinet Secretary by providing relevant information for the purposes of establishing his or her identity or the Cabinet Secretary is making reasonable efforts to establish his or her identity.(6)Notwithstanding any provisions of this Act, all persons against who a deportation order has been issued shall be removed from Kenya within a period of ninety days from the day such final removal order is made or after appeal and further detention shall be extended by a court of law for not more than thirty days; or(7)The court ordering release of a permanent resident or a foreign national in (d) above may impose any conditions that it considers necessary, including the payment of a deposit or the posting of a guarantee for compliance with the conditions.(8)An immigration officer may, by summons in writing, require any person other than a citizen of Kenya to attend at his office and to furnish to that officer such information, documents and other particulars as are necessary for the purposes of determining whether that person should be permitted to remain in Kenya.(9)An immigration officer may by summons, in writing, require any citizen of Kenya to attend at his office, for the purposes of determining whether that person has committed an offence under this Act, or to provide that officer with necessary information, documents and other particulars as may be required.(10)An immigration officer may enter into recognizance any person suspected of having committed an offence under this Act.