ADVOKS GLOBAL · KENYA
Kenya Citizenship and Immigration Act
56. Foreign Nationals Management
Edition: 2022-12-31 · In force
56. Foreign Nationals Management
(1)The Cabinet Secretary may on advice of the Cabinet and National Security Council, at any time when a state of war exists between Kenya and any foreign power or when it appears that an occasion of imminent danger or great emergency has arisen, by order impose from time to time restrictions on foreign nationals and provision may be made by the order—(a)for prohibiting foreign nationals from landing in or otherwise entering Kenya either generally or at certain places and for imposing restrictions or conditions on foreign nationals landing or arriving at any port in Kenya;(b)for prohibiting foreign nationals from embarking in or otherwise leaving Kenya either generally or at certain places, and for imposing restrictions and conditions on foreign nationals embarking or about to embark in Kenya;(c)for requiring foreign nationals to reside and remain within certain places within Kenya;(d)for prohibiting foreign nationals from residing or remaining in any areas specified in the order;(e)for imposing penalties on persons who aid or abet any contravention of the order, and for imposing such obligations and restrictions on masters of ships or any other persons specified in the order as appear necessary or expedient for giving full effect to the order;(f)for any other matters which appear necessary or expedient with relating to the security of the country.(2)A foreign national residing in Kenya for a continuous period exceeding three months shall be required to register with an immigration officer and notify change of address, travelling or otherwise in such manner as may be prescribed.(3)A person who contravenes any provision or requirement of an order issued to a foreign nationals commits an offence and liable upon conviction to a fine not exceeding one hundred thousand shillings, or to imprisonment for a term not exceeding three years, or to both.(4)The court before which a person is convicted under this section may, in addition to or in lieu of any such punishment, require that person enter into recognizance with or without sureties to comply with the provision of the order or such provision thereof as the court may direct, and if the person fails to comply with the order of the court requiring him to enter into recognizance, the court may commit that person to imprisonment for a term not exceeding three years.(5)Any provision contained in this Act in respect of a Foreign National Order may relate to foreign nationals in general or to any class or description of foreign nationals.(6)If any question arises in any proceedings under a foreign national order, or with reference to anything done or proposed to be done under any such order, as to whether any person is a foreign nationals or not, or is a foreign nationals of a particular class or not, the onus of proving that that person is not a foreign national, or, as the case may be, is not a foreign national of that class, shall lie upon person contending so.(7)The Cabinet Secretary may at any time revoke, alter, or add to any foreign nationals’ order.(8)Any powers given under this section, or in any foreign nationals’ order, shall be in addition to, and not in derogation of, any powers with respect to the expulsion of foreign nationals or the prohibition of foreign nationals from entering Kenya or any other powers conferred on the Cabinet Secretary or any other service by any other written law.