Point in Time
Act No: No. 12 of 2011
Act Title: KENYA CITIZENSHIP AND IMMIGRATION
[ Date of commencement: 30th August, 2011. ]
[ Date of assent:27th August, 2011. ]
Arrangement of Sections
PART I – PRELIMINARY
1.
Short title

This Act may be cited as the as the Kenya Citizenship and Immigration Act, 2011.

2.
Interpretation
(1)

In this Act, unless the context otherwise requires—

“application” means a request in a prescribed form made under this Act;

“Board’’ means the Kenya Citizens and Foreign Nationals Management Service Board established under section 5 of the Kenya Citizens and Foreign Nationals Management Service Act;

“border” means the national borders of Kenya and includes the ports of entry, the coastlines and the outer margin of territorial waters;

“Cabinet Secretary” means the Cabinet Secretary responsible for matters relating to citizenship and the management of foreign nationals;

“carrier” includes any ship, boat, aircraft, wagon, truck, or any other vessel of conveyance;

“certificate of registration” means a certificate of registration issued under section 18;

“child” means any human being under the age of eighteen years;

“dependant” means a person who by reason of age, disability or any status of incapacity is unable to maintain himself or herself adequately and relies on another person for his maintenance;

“deportation” means the action or procedure aimed at causing an illegal foreign national to leave the country either voluntarily or compulsorily, or under detention in terms of this Act and the verb ‘to deport’ has a corresponding meaning;

“director’’ means any person appointed as a director under section 16 of the Kenya Citizens and Foreign Nationals Management Service Act, 2011;

“entry” means admission into Kenya at a designated port of entry on the basis of the authority to do so validly granted under this Act;

“exit” means departing Kenya from a designated port of entry in compliance with this Act;

“foreign national” means any person who is not a citizen of Kenya;

“foreign nationals order” means an order made by the Cabinet Secretary under section 56;

“foreign national registration certificate” means a registration certificate issued under section 56;

“habitual residence’’ means stable, factual residence of a person, in Kenya;

“holding facility” means any place designated as a holding facility under section 50 of this Act;

“human smuggling’’ means the procurement, in order to obtain, directly or indirectly a financial or other material benefit, of the illegal entry (and exit) of a foreign national into and outside Kenya;

“immigration officer” means the Director and any of the persons appointed as an immigration officer under section 16 of the Kenya Citizens and Foreign Nationals Management Service Act (Cap. 174);

“inadmissible person” means a person declared under section 33(2) as an inadmissible person.

“Kenya mission” includes an office of a consular officer of the Government of Kenya and where there is no such office, such other office as may be prescribed;

“marriage” means a legally sanctioned conjugal relationship between a man and a woman intended to be permanent and recognized under the laws of Kenya;

“pass” means a pass issued pursuant section 36;

“passport” means a passport issued under this Act or issued by any lawful authority or government recognized by the Government of Kenya;

“permit” means a permit issued under section 40;

“permanent resident” means a person who has acquired permanent residence status under section 38 and has not subsequently lost that status;

“permanent residence” means a status granted to a person under section 37;

“piracy’’ has the meaning assigned under section 369 of the Merchant Shipping Act, 2009 (No. 4 of 2009);

“premises” means any building, structure, enclosure or tent together with or without the land on which it is situated and the adjoining land used in connection with it and includes any land without any building structure or tent and any vehicle, conveyance, vessel or ship;

“prohibited immigrant” means a person declared as a prohibited immigrant under section 33(1);

“port” means a designated place where a person has to report before he or she may move, sojourn, enter, exit or remain within the country;

“Service” means the Kenya Citizens and Foreign Nationals Management Service established under the Kenya Citizens and Foreign Nationals Management Service Act, 2011;

“stateless person” means a person who is not recognized as a citizen by any state under the operation of the laws of any state;

“travel document” means a document issued under this Act or issued by any lawful authority or government recognized by the Government of Kenya for the purpose of travel;

“trafficking in persons” has the meaning assigned to it by section 3 of the Counter Trafficking in Persons Act, 2010 (No. 8 of 2010);

“visa’’ means a visa issued under this Act or issued by any lawful authority or government recognized by the Government of Kenya.

(2)

Despite subsection (1), until after the first elections under the Constitution, references in this Act to the expression “Cabinet Secretary” shall be construed to mean “Minister”.

3.
Age

For the purposes of this Act, a person is considered not to have attained a given age until the commencement of the relevant anniversary of the day of his birth.

PART II – ADMINISTRATION
5.
Appointment of immigration officers

The Service shall appoint such immigration officers as may be necessary for the carrying out of the provisions of this Act.

PART III – CITIZENSHIP
6.
Citizenship by birth

A citizen by birth will carry the same meaning as provided in Article 14 as read together with clause 30 of the Sixth Schedule of the Constitution.

8.
Dual citizenship
(1)

A citizen of Kenyan by birth who acquires the citizenship of another country shall be entitled to retain the citizenship of Kenya subject to the provisions of this Act and the limitations, relating to dual citizenship, prescribed in the Constitution.

(2)

A dual citizen shall, subject to the limitations contained in the Constitution, be entitled to a passport and other travel documents and to such other rights as shall be the entitlement of citizens.

(3)

Every dual citizen shall disclose his or her other citizenship in the prescribed manner within three months of becoming a dual citizen.

(4)

A dual citizen who fails to disclose the dual citizenship in the prescribed manner commits an offence and shall be liable, on conviction, to a fine not exceeding five million shillings or imprisonment for a term not exceeding three years or both.

(5)

A dual citizen who uses the dual citizenship to gain unfair advantage or to facilitate the commission of or to commit a criminal offence, commits an offence and shall be liable, on conviction, to a fine not exceeding five million shillings or imprisonment for a term not exceeding three years or both.

(6)

A dual citizen who holds a Kenyan passport or other travel document and the passport or other travel document of another country shall use any of the passports or travel documents in the manner prescribed in the Regulations

(7)

A dual citizen shall owe allegiance and be subject to the laws of Kenya.

9.
Citizenship by Presumption for foundlings
(1)

Any person who finds a child who is or appears to be less than eight years of age, and whose nationality and parents are not known shall present the child to the Government department dealing with matters relating to children and where there is no such department, present the child to the nearest Government department or agency.

(2)

Where a child is received by a Government department or agency that is not responsible for matters relating to children, the department or agency shall immediately report and present the child to the Government department responsible for matters relating to children.

(3)

The Government department responsible for matters relating to children shall undertake the necessary investigations including, subject to the rights of the child under any written law, the use of media to determine origin of the child.

(4)

If the Government department responsible for matters relating to children fails to determine the origin and identity of the child in question, it shall present the child found to the Children’s Courts and take out proceedings for the determination of the age, nationality, residence and the parentage of the child.

(5)

The court shall after determining the adequacy of the efforts undertaken by the Government department responsible for matters relating to children, issue an order directing that such a child be presumed to be a citizen by birth or any other order that it deems fit to grant.

(6)

Where the court makes an order that the child be presumed to be a citizen by birth, it may direct the Director to register the child in the register of children presumed citizen by birth.

(7)

Any person who brings into Kenya, conspires, assists or facilitates the abandoning of a child with the intention of conferring citizenship on the child commits an offence and is liable, on conviction, to a fine not exceeding ten million shillings or imprisonment for a term not exceeding ten years or to both.

10.
Regaining citizenship
(1)

A person who was a citizen of Kenya by birth and who ceased to be a citizen of Kenya because he or she acquired the citizenship of another country may apply in the prescribed manner, to the Cabinet Secretary to regain Kenyan citizenship.

(2)

The application under subsection (1) shall be accompanied by—

(a)

proof of applicant’s previous Kenyan citizenship;

(b)

proof of citizenship of the other country.

(3)

Upon receipt of an application made under subsection (1), the Cabinet Secretary shall cause the application to be registered and keep a record of such application.

(4)

The Cabinet Secretary shall after registering an application, issue a certificate in a prescribed form to the applicant.

(5)

The Cabinet Secretary may issue an extract of the register to the applicant and such further extracts to such third parties as shall be entitled upon application and payment of such fees as may be prescribed.

12.
Widows and widowers
(1)

A foreign national who has been married to a citizen who but for the death of the citizen would have been entitled, after a period of seven years, to be registered as a citizen of Kenya under section 11, shall be deemed to be lawfully present in Kenya for the unexpired portion of the seven years and shall be eligible for registration as a citizen on application in the prescribed manner upon expiry of the seven year period.

(2)

The conditions for registration provided in section 11(a) to (d) shall apply to a widow or widower who has applied for registration under this section.

(3)

A widow or widower who marries a non-citizen before the expiry of the period of seven years shall not be entitled to acquire citizenship by registration under this section.

14.
Adopted children

A child who is not a citizen, but is adopted by a citizen, is entitled on application in the prescribed manner by the adopting parent or legal guardian to be registered as a citizen upon—

(a)

the production of proof of the Kenyan citizenship of the adopting parent;

(b)

the production of a valid adoption certificate issued in a reciprocating state or other jurisdiction whose orders, decrees are recognized in Kenya; and

(c)

proof of lawful residence of the child in Kenya.

18.
Effect of registration

A person who qualifies to be registered as a citizen of Kenya under this Act, shall upon taking the oath or affirmation or allegiance, in the prescribed manner, be issued with a certificate of registration as a citizen of Kenya.

20.
Voluntary renunciation of citizenship of another country
(1)

A foreign national who applies for registration as a citizen of Kenya shall indicate in the application whether he or she intends to renounce the citizenship of the other country.

(2)

If a foreign national who had indicated his intention to renounce the citizenship of the other country under subsection (1), shall, within ninety days after being registered as a citizen of Kenya, avail to the Cabinet Secretary evidence of renunciation of the citizenship of the other country.

(3)

A person who does not avail the evidence of renunciation as required in subsection (2) shall be deemed to be a dual citizen.

(4)

The Cabinet Secretary may refuse to register any such renunciation if it is made during any period of war in which Kenya may be engaged in with the country referred to in the application or if, in his opinion it is otherwise contrary to public policy.

21.
Revocation of citizenship
(1)

The Cabinet Secretary may, where there is sufficient proof and on recommendation of the Citizenship Advisory Committee, revoke any citizenship acquired by registration on the grounds specified in Article 17 of the Constitution.

(2)

The Cabinet Secretary shall by notice, in writing, inform any person whose citizenship is due for revocation of the intention to revoke his or her citizenship giving reasons for the intended revocation.

(3)

The Cabinet Secretary shall give a person who has been given a notice under subsection (2) an opportunity to present the reasons why his or her citizenship should not be revoked.

(4)

The Cabinet Secretary may after considering the presentations made under subsection (3) revoke the citizenship and cause the revocation to be entered into the register for revocation of citizenship.

(5)

The Cabinet Secretary shall within fourteen days of revocation notify the person of the decision to revoke his or her citizenship giving the reasons for the revocation.

(6)

A person who is aggrieved by the decision of the Cabinet Secretary’s to revoke his citizenship may within thirty days after receipt of communication on the revocation appeal to the High Court.

(7)

Where an appeal has been filed under subsection (6), the person who has appealed shall be deemed to be lawfully present in Kenya until the appeal is determined.

(8)

Where an appeal to the High Court is not allowed, the person may appeal to the Court of Appeal and the Supreme Court and such person may not be removed from Kenya until he has exhausted all the avenues of appeal.

(9)

A person whose citizenship is revoked by the Cabinet Secretary shall cease to be a citizen of Kenya on the date of the revocation or in any case upon exhaustion of appeal.

(10)

The documents of identification that had been previously issued to a person whose citizenship has been revoked shall become invalid on the date of revocation and the holder shall surrender them immediately after the revocation of citizenship is communicated.

(11)

A person who does not surrender the documents of identification commits an offence.

(12)

The renunciation by any person of his or her Kenyan citizenship or the revocation of citizenship shall not relieve that person from his personal obligations or any liability that had accrued before such renunciation or revocation of his or her citizenship.

PART IV – RIGHTS AND DUTIES OF CITIZENS
22.
Rights of citizens
(1)

Every citizen is entitled to the rights, privileges and benefits and is subject to the limitations provided for or permitted by the Constitution or any other written law including—

(a)

the right to enter, exit, remain in and reside anywhere in Kenya;

(b)

the right to be registered as a voter without unlawful restriction;

(c)

the right to participate in free, fair and regular elections based on universal suffrage and subject to the Constitution, to vote and vie for—

(i) any elective body or office established under the Constitution;
(ii) any office of any political party of which the citizen is a member;
(iii) vote in any referendum;
(d)

the right to own land and other property in any part of the country, in accordance with the law;

(e)

the right to be appointed to a public office subject to the Constitution and other relevant laws;

(f)

if the person is a citizen by birth and does not owe allegiance to any other state, the right to vie for any elective office as President or Deputy President subject Article 78 and 137 of the Constitution; and

(g)

the entitlement to any document of registration or identification issued by the State to citizens including—

(i) a birth certificate;
(ii) a certificate of registration
(iii) a passport;
(iv) a national identification card; and
(v) a voter’s card, where applicable.
23.
Duties of citizens

Every citizen of Kenya shall—

(a)

owe full allegiance to the State and the Constitution of Kenya;

(b)

obey the laws of Kenya;

(c)

pay taxes as provided for under the laws of Kenya;

(d)

protect and conserve the environment and ensure ecologically sustainable development and use of natural resources;

(e)

cooperate with State organs and other Citizen of Kenya to ensure enforcement of the law

(f)

respect and promote the dignity and rights of other persons;

(g)

respect and promote national integration and unity, peaceful co-existence; and

(h)

promote the values and principles prescribed in the Constitution.

PART V – PASSPORTS AND OTHER TRAVEL DOCUMENTS
24.
Persons entitled to passports and other travel documents
(1)

Every citizen is, subject to this Act, entitled upon application, in the prescribed manner, to be issued with a passport or other travel documents to facilitate international travel.

(2)

A passport or travel document issued under this Act shall remain the property of the Government of Kenya.

(3)

Notwithstanding subsection (2), a passport validly issued under this Act must remain in the possession of its holder until such time as there is lawful cause for its withdrawal, suspension or confiscation

(4)

The Cabinet Secretary may subject to the Constitution and subject subsection (1), prescribe the information to be provided in a passport or travel document.

25.
Types of passports and other travel documents
(1)

The following types of passports and travel documents may be issued under this Act—

(a)

Ordinary passport, issued on application to any citizen of Kenya;

(b)

Diplomatic passport, issued to such persons as may be prescribed in Regulations;

(c)

East African Passport, issued to a citizen of Kenya who intends to travel within the Partner States in East African Community;

(d)

Temporary passport, issued to any citizen of Kenya who for special circumstances cannot travel on an ordinary passport;

(e)

Emergency Travel Document, issued to a citizen of Kenya who is stranded outside Kenya or is being deported;

(f)

Certificate of Identity and Nationality, issued to a person other than a citizen of Kenya who cannot obtain a passport from the country of citizenship for the purpose of traveling outside Kenya;

(g)

Temporary Permit, issued to a citizen of Kenya who intends to travel within the East African Community Partner States or to such States as may be prescribed by the Cabinet Secretary; and

(h)

Travel Document issued subject to the provisions of the Refugee Act, 2006 (No. 13 of 2006), and any other Humanitarian Convention.

(2)

The Cabinet Secretary may make regulations prescribing the form of passport and other travel documents.

(3)

Notwithstanding the provisions of subsection (1), the Cabinet Secretary may after consultations with relevant agencies, by order, in the Gazette, declare any other document to be a travel document for the purpose of this Act.

26.
Validity of passports and other travel documents
(1)

An Ordinary or Diplomatic passport shall be valid—

(a)

for use in all countries in the world, except for any countries specified in the passport; and

(b)

for a period that does not exceed ten years from the date of issue, and in the case of children for a period not exceeding five years.

(2)

An East African passport shall be valid for—

(a)

use in all Partner States in the East African Community or for such other countries as may be prescribed by the Cabinet Secretary;

(b)

a period not exceeding ten years from the date of issue, and in the case of children for a period not exceeding five years.

(3)

A temporary passport shall be valid for—

(a)

use in all countries in the world, except for any countries specified in the temporary passport in respect of which it is stated not to be valid; and

(b)

a period not exceeding one year from the date of issue.

(4)

An emergency travel document shall be valid for—

(a)

travel to Kenya and other countries of transit; and

(b)

a single journey for a period stated therein;

(5)

A Certificate of Identity and Nationality is valid for travel to all countries stated therein and shall be valid for a period not exceeding two years from the date of issue.

(6)

A Temporary Permit shall be valid for—

(a)

travel in all partner states in the East African Community or for such other countries as may be prescribed by the Cabinet Secretary; and

(b)

a period not exceeding one year from the date of issue.

(7)

Travel Document issued to a refugee shall be valid for travel to all countries except the country of the holder’s nationality and shall be valid for a period of five years.

28.
Application for replacement of a passport and other travel document
(1)

Where the holder of a passport or other travel document requires a replacement of the passport or travel document or wishes to change the particulars in the passport or travel document, the holder shall apply in the prescribed manner.

(2)

An application made under subsection (1) shall not be considered unless accompanied by the passport or travel document that is being held by the applicant.

(3)

Upon issuance of a new passport or travel document the previously issued passport or travel document shall be cancelled.

29.
Lost, stolen mutilated or damaged passport
(1)

Where a passport or travel document is lost or stolen, the holder shall report the loss or theft to the nearest police station and immigration office or if outside the country, to the nearest Kenya mission.

(2)

The immigration officer shall upon receiving information of the loss or theft of the passport or travel document, notify all immigration offices, Kenya missions abroad and other relevant authorities, of the loss or theft of the passport or travel document.

(3)

Any person whose passport or travel document is lost, stolen, mutilated or damaged may apply for replacement, in the prescribed form and pay the prescribed fee.

(4)

An application under subsection (3) shall be accompanied by a statutory declaration or a sworn affidavit of the circumstances surrounding the loss, theft, mutilation or damage of the passport or travel document.

(5)

The immigration officer may, where a passport or travel document is lost, stolen, mutilated or damaged outside Kenya, issue or cause to be issued a passport or travel document upon the applicant complying with the provisions of subsections (3) and (4) as far as is reasonably possible.

30.
Rejection of an application for a passport or other travel document
(1)

An immigration officer shall reject an application for a passport or other travel document where the applicant—

(a)

is not a citizen in the case of an application for passport;

(b)

does not qualify under the provision of this Act in the case of other Travel Documents;

(c)

gives false material information for the purpose of obtaining a passport or other travel document; or

(d)

submits an incomplete application.

(2)

Where an application for passport or other travel document has been rejected, the immigration officer shall within fourteen days give the reasons for rejection to an applicant, in writing.

32.
Passports and travel documents to be evidence of citizenship and domicile.
(1)

A passport shall be prima-facie evidence of the citizenship or domicile of the holder, as the case may be, and of their entitlement to state protection.

(2)

Notwithstanding subsection (1), possession of a passport or travel document does not bar inquiry, investigation or judicial proceedings pertaining to the validity of the passport.

PART VI – IMMIGRATION CONTROL
35.
Issuance of visas
(1)

The Cabinet Secretary shall from time to time, make regulations, prescribing the types of visas and specifying persons or groups of persons and countries whose citizens shall be required to obtain or exempted from obtaining visas before entering Kenya.

(2)

A person who wishes to obtain a visa shall apply to the Director in the prescribed form.

(3)

A visa shall be issued by the Director or such officers as may act under powers delegated by the Director.

(4)

Notwithstanding subsection (3), possession of a visa under this section shall not exempt any person entering Kenya from complying with any legislation relating to immigration.

36.
Types of permits and passes
(1)

There shall be such classes of permits and passes as shall be prescribed under the regulations.

(2)

Permits shall be issued in the manner provided in section 40 of this Act.

(3)

Passes shall be issued by immigration officers in such manner as shall be prescribed in Regulations.

38.
Rights and obligations of permanent residents

A permanent resident shall—

(a)

have the right to enter and remain in Kenya, subject to the provisions of this Act;

(b)

have the right to be employed in Kenya;

(c)

have the right to attend educational facilities;

(d)

have right to own property legally in Kenya;

(e)

have the right to move and settle anywhere in Kenya;

(f)

have the right to access and enjoy social services and facilities in Kenya;

(g)

comply with residency obligation as may be prescribed;

(h)

be provided with a permanent residence certificate as prescribed under the regulations; and

(i)

comply with such other conditions as shall be imposed under the Regulations.

42.
Permits, etc., void for fraud etc.

Any entry permit, pass, certificate or other authority, whether issued under this Act or under the repealed Acts, which has been obtained by or was issued in consequence of fraud or misrepresentation, or the concealment or nondisclosure, whether intentional or inadvertent, of any material fact or circumstance, shall be and be deemed always to have been void and of no effect and shall be surrendered to the service for cancellation.

43.
Power to remove persons unlawfully present in Kenya
(1)

The Cabinet Secretary may make an order in writing, directing that any person whose presence in Kenya was, immediately before the making of that order, unlawful under this Act or in respect of whom a recommendation has been made to him or her under section 26A of the Penal Code (Cap. 63), shall be removed from and remain out of Kenya either indefinitely or for such period as may be specified in the order.

(2)

A person against whom an order has been made under this section shall—

(a)

be returned to the place where he originated from, or with the approval of the Cabinet Secretary, to a place in the country of habitual residence, permanent residence or citizenship, or to any place to which he consents to be taken if the competent authorities or government of that place consents to admit him or her to the country; or

(b)

if the cabinet secretary so directs, be kept and remain in police custody, prison or immigration holding facility or until his departure from Kenya, and while so kept is deemed to be in lawful custody whether or not he has commenced any legal proceedings in court challenging the Tribunals decision until the suit is finally disposed of.

(3)

Subject to this section, an order under this section shall be carried out in such manner as the Cabinet Secretary may direct, subject to the Constitution and related laws.

(4)

Any order made or directions given under this section may at any time be varied or revoked by the Cabinet Secretary by a further order, in writing.

(5)

In the case of a person who arrives in Kenya illegally, the powers of the Cabinet Secretary under this section may be exercised either by the Cabinet Secretary or by an immigration officer.

(6)

An order made or deemed to have been made under this section shall, for so long as it provides that the person to whom it relates shall remain out of Kenya, continue to have effect as an order for the removal from Kenya of that person whenever he is found in Kenya, and may be enforced accordingly; but nothing in this subsection shall prevent the prosecution for an offence under this Act or any other written law of any person who returns to Kenya in contravention of such an order.

(7)

Where a person is brought before a court for being unlawfully present in Kenya, and the court is informed that an application, to the Cabinet Secretary, for an order under this section has been made or is about to be made, the court may order that such person be detained for a period not exceeding fourteen days or admit the person to bail, pending a decision by the Cabinet Secretary.

45.
Duties and obligations of employers
(1)

No person shall employ—

(a)

a foreign national who entered Kenya illegally;

(b)

a foreign national whose status does not authorize him or her to engage in employment;

(c)

a foreign national on terms, conditions or in a capacity different from those authorized in such foreign national’s status.

(2)

It shall be the duty of every employer to apply for and obtain a work permit or a pass conferring upon a foreign national the right to engage in employment before granting him employment and it shall be presumed that the employer knew at the time of the employment that such person was among those referred to in subsection (1).

(3)

An employer employing a foreign national shall—

(a)

for two years after the termination of such employment of the non-national, keep the prescribed records relating thereto; and

(b)

file a report with the Service in the prescribed manner in respect of—

(i) foreign nationals under his employment; or
(ii) any breach on the side of the foreign national’s employment.
(4)

If there is credible evidence that the foreign national who entered Kenya illegally is found on any premises where a business is conducted, conducting himself in such a manner as to suggest that he is in employment within the premises, it shall be presumed that such illegal foreign national was employed by the person who has control over such premises, unless evidence to the contrary is provided.

(5)

For the purposes of this section a person who performs for the benefit of or at the request of another person any work or service of a kind which is commonly performed by a person in employment, is deemed to engage in an employment, and that other person is considered to employ that person.

(6)

A person who contravenes the provisions of this section commits an offence.

48.
Powers of immigration Officer
(1)

Subject to and for the purposes of this Act an immigration officer shall have the power to—

(a)

board, or enter, and search any carrier or premises in Kenya;

(b)

require any person seeking to enter Kenya to answer any question or to produce any document in his possession for the purpose of ascertaining whether that person is or is not a citizen of Kenya and, in the case of any person who is not a citizen of Kenya, for the purpose of determining whether that person should be permitted to enter Kenya under this Act;

(c)

require any person seeking to enter or leave Kenya other than a refugee or any asylum seeker, to produce to him a valid passport or a valid travel document and any form of declaration that may be prescribed;

(d)

require any person seeking to enter Kenya to submit to examination by a medical practitioner; or

(e)

arrest, restrain, stop or deny departure to any person against whom a warrant of arrest has been issued by a competent Kenyan court and hand over the person for custody to the nearest police officer.

(2)

An immigration officer may investigate any offence or suspected offence under this Act and shall have all the powers and immunities conferred by law on a police officer for the purpose of the investigation.

(3)

An immigration or other authorized officer of the Service shall capture biometrics in the course of the discharge of the mandate of the Service.

51.
Evidence
(1)

In any legal proceedings under or for any of the purposes of this Act, a certificate bearing the Cabinet Secretary’s signature or that of any of his officials, or the signature of a duly accredited representative of the Government of Kenya, or of the government of any country, is admissible, upon authentication, as evidence of any of the following matters stated therein, namely—

(a)

the birth, date, place of birth, and the parentage, of any person stated in such certificate to have been born in that country;

(b)

the death, date, place, circumstances of the death, and the parentage, of any person, stated in such certificate to have died or been married in such country;

(c)

the relationship by blood, marriage or adoption of any such person as aforesaid to any other such person;

(d)

the true or the reputed name or names of any such person as aforesaid, of either of the parents, or of the husband, wife or child, of any other relative by blood, marriage or adoption of any such person;

(e)

the adoption of any child stated in such certificate to have been adopted in such country, and the date, place and circumstances of any such adoption, and the true or the reputed name or names of and child so adopted and of either of his natural or adoptive parents; and

(f)

passport, travel documents, visa, identification documents.

(2)

In any prosecution for an offence under this Act, in any proceedings of a civil nature, and in any proceedings in the nature of habeas corpus or under Article 22 of the Constitution, any document lawfully obtained from, any person by immigration officer in the exercise of his powers under this Act is admissible in evidence.

(3)

An order purporting to be signed by the Cabinet Secretary and to be made for any of the purposes of section 43, or purporting to be signed by a immigration officer and to be made for any of the purposes of section 43, is prima facie evidence of its contents in any court.

(4)

Any reference to a passport, travel document, visa, certificate of registration, certificate of naturalization, entry permit, work permit, residence permit, pass, written authority, consent or approval in this Act includes a reference to any such document issued or purporting to have been issued under the repealed Acts.

52.
Institution and conduct of criminal proceedings

Prosecution for an offence under this Act may, without prejudice to any other powers granted to any other public officers, be instituted by an immigration officer, and where the proceedings are instituted in a subordinate court an immigration officer may conduct the prosecution.