Immigration law refers to the set of laws, regulations, and policies that govern the entry, stay, and departure of foreign nationals in a particular country. It outlines the rights, responsibilities, and procedures for individuals seeking to visit, reside, or become citizens of a foreign country. Immigration law in Kenya is primarily governed by the Kenya Citizenship and Immigration Act, 2011, and its accompanying regulations. The law sets out the legal framework for the entry, stay, and departure of foreign nationals in Kenya, as well as the acquisition of Kenyan citizenship. Here are some key aspects of immigration law in Kenya:

 

  1. Visas and Permits: Foreign nationals visiting Kenya typically require a visa, unless they are from visa-exempt countries. The Act provides for various visa categories, including tourist visas, business visas, student visas, and work permits. The specific requirements, duration of stay, and conditions for each visa or permit category are outlined in the regulations.

  2. Work Permits: The Act sets out the conditions and procedures for obtaining work permits for foreign nationals who wish to engage in employment or business activities in Kenya. Work permits are generally granted to individuals who possess specialized skills or expertise not readily available in the local labor market. Different classes of work permits exist, including Class A (investors), Class B (professionals), and Class C (specific employment).

  3. Residence Permits: Residence permits are required for foreign nationals who wish to reside in Kenya for an extended period. The Act outlines the various categories of residence permits, including dependant permits, student permits, and retirement permits. The regulations provide details on the application process, eligibility criteria, and renewal requirements for each category.

  4. Refugee Law: Kenya has specific legislation to address the protection and assistance of refugees. The Refugee Act, 2006, establishes the legal framework for the recognition and protection of refugees in Kenya. It outlines the procedures for seeking asylum, refugee rights and obligations, and the role of the Refugee Affairs Secretariat in refugee matters.

  5. Citizenship: The Kenya Citizenship and Immigration Act, 2011, outlines the requirements and procedures for acquiring Kenyan citizenship through birth, descent, registration, naturalization, and marriage to a Kenyan citizen. It sets out the conditions for dual citizenship and the revocation of citizenship in certain circumstances.

  6. Immigration Enforcement: The Act grants immigration authorities the power to enforce immigration laws, including conducting inspections, detaining individuals suspected of immigration violations, and initiating deportation proceedings. It also outlines the penalties for immigration offenses, such as illegal entry or overstaying.