ADVOKS GLOBAL · KENYA
Kenya Citizenship and Immigration Act
53. General offences
Edition: 2022-12-31 · In force
53. General offences
(1)A person who—(a)knowingly misleads an immigration officer seeking information material to the exercise of any of his or her powers under this Act;(b)having left or been removed from Kenya in consequence of an order made or deemed to have been made under section 43, if found in Kenya while that order is still in force;(c)being a prohibited immigrant or inadmissible person fails to comply with an order of a immigration officer to leave Kenya;(d)harbors any person whom he knows or has reasonable cause to believe to be a person who has committed an offence under paragraph (g) or paragraph (h);(e)being an agent or a carrier facilitates or assists or enables entry or exit of improperly documented person;(f)not being a immigration officer or other member of staff of the Service, by words, conduct or demeanor falsely represents himself to be an immigration officer or member of staff of the Service;(g)exercises or attempts to exercise undue influence over an immigration officer or other member of staff of the Service which is calculated to prevent the delegated officer or other officer or member of staff from carrying out his duties or encouraging him or her to perform any act which is in conflict with his duties;(h)willfully obstructs or impedes a immigration officer or a police officer in the exercise of any of his powers under this Act;(i)refuses or neglects to answer any question, to furnish any information, to produce any document, to attend at any place or to submit to medical examination, when required to do so under this Act;(j)unlawfully enters or is unlawfully present in Kenya in contravention of this Act;(k)harbors any person whom he knows or has reasonable cause to believe to be a person who has committed an offence under this Act;(l)fails to comply with any term or condition imposed by a work permit, residence permit or pass, being a term or condition which he is required to comply with;(m)not being a citizen of Kenya, engages in any employment, occupation, trade, business or profession, whether or not for profit or reward, without being authorized to do so by a work permit, or exempted from this provision by regulations made under this Act;(n)employs any person, whether or not for reward, whom he knows or has reasonable cause to believe is committing an offence under paragraph (m) by engaging in that employment;(o)any person who, for the purpose of procuring anything to be done or not to be done under this Act, makes any statement which he knows to be false in a material particular, or recklessly makes any statement which is false in a material particular commits an offence;(p)smuggles or is reasonably suspected to be engaged in smuggling of human beings;(q)employs a foreign national in a capacity in which the foreign national is not authorized under this Act to be employed;(r)offers accommodation without maintaining a record of all its customers who are foreign national in the prescribed manner,commits an offence.(2)Any person convicted of an offence under this section shall be liable upon conviction to a fine not exceeding five hundred thousand shillings or to imprisonment for a term not exceeding three years or to both;(3)Any person convicted under subsection (1)(q) is, in addition to the prescribed fine and or term of imprisonment as the case may be, liable to pay for the cost of maintenance and removal of the person he employed.(4)For purposes of paragraph (1)(p), a person who is a victim of the offence of human smuggling may not be held liable so long as he identifies and is willing to act as a witness in the prosecution of the smuggler.