Penal Code
26A. Recommendation for removal from Kenya
26A. Recommendation for removal from Kenya
Where a person who is not a citizen of Kenya is convicted of an offence punishable with imprisonment for a term not exceeding twelve months the court by which he is convicted, or any court to which his case is brought by way of appeal against conviction or sentence may, by directions to the Inspector-General of Police and the Commissioner-General of Prisons (including directions on how the order shall be carried out) order that the person be removed from and remain out of Kenya either immediately or on completion of any sentence of imprisonment imposed; but where the offence for which the person is convicted is punishable with imprisonment for a term exceeding twelve months, the court shall, where it is satisfied that the person may be removed from Kenya, recommend to the Cabinet Secretary for the time being responsible for immigration that an order for removal from Kenya be made in accordance with section 43 of the Kenya Citizenship and Immigration Act (Cap. 170).[Act No. 24 of 1967, Sch., Act No. 19 of 1984, Sch.]Source: Kenya Law