ADVOKS GLOBAL · KENYA
Refugees Act
41. Offences and penalties
Edition: 2022-12-31 · In force
41. Offences and penalties
(1)A person commits an offence if that person—(a)makes any false declaration or statement to a refugee officer or appointed officer which the person knows or has reasonable cause to believe to be false or misleading, for the purpose of obtaining or assisting another person to obtain admission, and or registration as an asylum seeker or refugee;(b)knowingly misleads any refugee officer or authorized officer seeking information material to the exercise of any of her/his powers under this Act;(c)after entering Kenya, fails to report without good reason within the period set out in this Act to a refugee officer or authorised officer to apply for asylum or recognition as a refugee;(d)after having been lawfully admitted into Kenya other than as an asylum-seeker or refugee, knowingly submits without justifiable cause an application for asylum after the period for which he or she was admitted in Kenya expires;(e)forges, alters, destroys or willfully defaces a refugee identification document or any other document issued under this Act;(f)knowingly uses or has in his or her possession a forged refugee identification document or any other document issued under this Act;(g)gives, sells or parts with the possession of a refugee identification document or any other document issued under this Act intending, knowing or having reasonable cause to believe that the document may be used by any other person;(h)uses a refugee identification document or any other document issued under this Act to another asylum-seeker or refugee;(i)bribes or attempts to bribe a refugee officer or authorised officer in order to access any of his or her rights or any protections conferred by this Act;(j)solicits a bribe from a refugee or asylum-seeker in order to facilitate access to services or rights;(k)knowingly and wilfully enters into a marriage for the sole purpose of obtaining any of the benefits conferred by this Act;(l)being a refugee, knowingly and wilfully enters into a marriage for the sole purpose of assisting another refugee to obtain any of the benefits conferred by this Act; or(m)being a refugee, works or is engaged in gainful employment without the payment of tax.(2)A person convicted of any of the offences set out in subsection (1) or any other offence under this Act whose penalty has not been prescribed, shall be liable, on conviction, to a fine not exceeding fifty thousand shillings or imprisonment for a term not exceeding six months, or both.(3)A person commits an offence of if that person—(a)being a Kenyan citizen, knowingly applies for or obtains recognition, admission or registration as an asylum-seeker or refugee in Kenya;(b)being a refugee, knowingly applies for a Kenyan identity card or passport; or(c)assists another person to commit the offence set out in paragraph (a) or (b),and shall be liable, on conviction, to a fine not exceeding five hundred thousand shillings or imprisonment for a term not exceeding three years, or both.