A person who was a citizen of Kenya by birth who had ceased to be citizen of Kenya because he or she acquired the citizenship of another country may to regain the Kenyan citizenship on application in Form 1 set out in the First Schedule.

The Cabinet Secretary shall upon registering an application made under paragraph (1) issue the applicant with a certificate of regaining Kenyan citizenship in Form 2 set out in the First Schedule.

The passport of any other country that is held by a dual citizen may, upon application by the holder, be endorsed to indicate that the holder is a citizen of Kenya.

A dual citizen may apply for endorsement under paragraph (1) in Form 4 set out in the First Schedule.

A dual citizen whose passport of another country has been endorsed under paragraph (1) may use the passport to enter into or exit out of Kenya and shall be exempted from visa, pass or permit requirements.

An endorsement made under this regulation shall be in Form 5 set out in the First Schedule and be valid for the period that the dual citizen remains a citizen Kenya.

An immigration officer may, after the holder of a passport that has been endorsed in accordance with this section has ceased to be a citizen of Kenya, cancel the endorsement.

A citizen of Kenya by birth who wishes to renounce the Kenyan citizenship in accordance with section 19 of the Act shall voluntarily make a declaration of renunciation of Kenyan citizenship in Form 6 set out in the First Schedule.

The Cabinet Secretary shall, upon registering a declaration of voluntary renunciation, issue a certificate of voluntary renunciation, in Form 7 set out in the First Schedule, to the person who has voluntarily renounce the Kenyan citizenship.

A person who wishes to be registered as a citizen of Kenya under sections 10, 11, 12, 13, 14, 15, 16, 17 or 18 of the Act shall apply to the Cabinet Secretary, in Form 8, 9, 10, 11, 12, 13, 14 or 15 set out in the First Schedule, whichever is applicable to be registered as a citizen of Kenya.

Notwithstanding paragraph (2), the Cabinet Secretary may waive the requirements of paragraphs 2 (a) and (b) for applications made under sections 15, 16 and 17 of the Act.

A person who qualifies for registration as a citizen of Kenya shall take an oath or affirmation of allegiance set out in the Second Schedule before the person is issued with a certificate of registration as a citizen of Kenya.

A person who qualifies for registration as a citizen of Kenya shall upon taking an oath or affirmation of allegiance be issued with a certificate of registration as a citizen of Kenya in Form 16 set out in the First Schedule.

The Cabinet Secretary shall, before revoking any citizenship acquired by registration on the grounds specified in Article 17 of the Constitution, issue a notice in Form 17 set out in the First Schedule, informing the person of the intention to revoke the citizenship.

The Cabinet Secretary shall within fourteen days of revoking the citizenship of any person notify the person of the revocation in Form 18 set out in the First Schedule.

The persons occupying the offices or having status set out in the Third Schedule together with the members of their families specified, with respect to each category, shall be entitled, upon application, to be issued with diplomatic passports.

The Cabinet Secretary may, where he considers it necessary, authorize the issuance of a diplomatic passport to a person who does not fall in any of the categories set out in the Third Schedule.

The holder of a diplomatic passport shall, upon ceasing to hold the office or having the status specified in the Third Schedule, surrender the diplomatic passport.

Any passport that has not been surrendered in accordance with paragraph (3) shall cease to be valid, with effect from the date of ceasing to hold the office or having the status specified in the Third Schedule.

A person who wishes to enter into or exit from Kenya shall enter or exit through any of the points of entry or departure, at the times specified in the Fourth Schedule.

Where any train, vehicle or other carrier enters Kenya, the person-in-charge or his or her agent shall give the immigration officer who is at the point of entry, a list in duplicate, with the name of every passenger on board.

Where any ship, aircraft or other carrier enters Kenya carrying any foreign national whose destination is outside Kenya but who fails to continue his or her journey in that ship, aircraft or other carrier, in circumstances which raise a reasonable presumption that the person has remained in Kenya, the person in charge or agent of the ship, aircraft or other carrier shall, immediately notify the nearest immigration officer of the failure of the person to continue his journey.

Any person who contravenes this regulation commits an offence.

Where any train, vehicle or other carrier leaves or is about to leave Kenya, the person in charge or agent thereof shall provide a list in duplicate of the names of every person who leaves or is about to leave Kenya by means of that train or vehicle to an immigration officer.

Any person who contravenes this regulation commits an offence.

Where a foreign national is found, at the point of departure to have over stayed in the country in contravention of the Act, the foreign national shall upon being notified of the option to enter a written admission in accordance with section 55 of the Act, the foreign national may enter a written admission of contravention in Form 21 set out in the First Schedule.

The Director shall, after considering an application made under paragraph (1) issue a visa in any of the categories set out in the Fifth Schedule.

A person who is applying for a visa to enter Kenya shall provide his or her passport or any other travel document, including the Seaman’s Discharge Book, issued by a Government or agency recognized by the Government of Kenya and that is valid for a period of at least six months.

Visa and other consular services may be undertaken on behalf of the Governments specified in the Sixth Schedule in accordance with the agreements entered into between the Government of Kenya and the countries therein listed.

An application for permanent residence shall be made to the Director in Form 23 in the First Schedule.

The Director shall, after considering an application made under paragraph (1), issue a permanent residence certificate in Form 24 set out in the First Schedule, upon the payment of the applicable fees prescribed in the Ninth Schedule.

A permanent residence certificate issued in respect of a person who is not present in Kenya, at the time of application, shall cease to be valid if such person fails to enter Kenya within one year from the date of issue.

An application for a residence or work permit shall be made to the Director in Form 25 set out in the First Schedule.

The Director shall, after considering an application made under paragraph (1), issue a residence or work permit, in any of the classes specified in the Seventh Schedule, in Form 26 set out in the First Schedule, upon the payment of the applicable fees prescribed in the Ninth Schedule.

A residence or work permit issued in respect of a person who is not present in Kenya, at the time of issue, shall cease to be valid if such person fails to enter Kenya within ninety days from the date of issue:

Provided that the Director may, upon application, in writing, extend the validity of such residence or work permit for a period not exceeding ninety days.

The Director shall not issue a class K residence permit to any person unless that person has proven that he or she has funds or has in his or her own right and at his or her full and free disposition an assured annual income of at least twenty four thousand US dollars or its equivalent in Kenya shillings.

A class K residence permit shall be valid for the period specified in the permit:

Provided that the holder has in his own right and at his or her full and free disposition the specified assured annual income.

For the purpose of class C permits the prescribed professions shall be the professions specified in the Eighth Schedule.

Where the holder of a work permit ceases to engage in the employment in respect of which the work permit was issued, the employer specified in the work permit shall, within fifteen days from the date of such cessation, report, in writing, to the Director that the holder has ceased to engage in such employment.

Any employer who contravenes this regulation commits an offence.

The period of validity of a permit shall be determined by the Director and may be renewed for further periods on the payment of the renewal fee specified in the Ninth Schedule.

No permit shall be issued or renewed under the Act for a period exceeding five years from the date of issue or renewal, as the case may be.

An immigration officer may issue a pass under these Regulations on such terms and conditions as may be specified in the pass and upon the payment of the applicable fees specified in the Ninth Schedule.

An immigration officer may vary the terms and conditions specified in a pass or cancel a pass issued under these Regulations:

Provided that a pass shall not be varied or cancelled before the holder is given sufficient notice and an opportunity to be heard.

An applicant shall pay the fees specified in the Ninth Schedule before the issue of any of the passes referred to in paragraph (1).

An immigration officer shall after considering an application made under paragraph (1) issue dependant’s pass in Form 29 set out in the First Schedule.

A dependant’s pass shall, subject to the terms and conditions specified therein, entitle the dependant in respect of whom it is issued to enter into Kenya within the period specified in the pass and to remain in Kenya during the validity of the pass.

A person who is seeking to enter or remain in Kenya for the purposes of internship or an academic research within Kenya, may apply an immigration officer, in Form 30 set out in the First Schedule, for an intern and researcher’s pass.

The parent or guardian of a person seeking to enter into and remain in Kenya for the purposes of receiving education or training at an educational or training institution in Kenya, where he or she has been accepted as a student, may apply, on the person’s behalf, to an immigration officer, in Form 30 in the First Schedule, for a student’s pass.

If the person seeking to enter into and remain in Kenya under paragraph (1) is a citizen of on an East African Community Partner State, the person shall be exempted from the payment of any applicable fees specified in the Ninth Schedule.

An immigration officer shall after considering an application made under paragraph (1) issue a student’s pass, to the applicant, in Form 31 in set out the First Schedule.

A student’s pass shall, subject to the terms and conditions specified in the student’s pass, entitle the holder to enter Kenya within the period specified in the pass, to remain in Kenya for such period from the date of his or her entry into Kenya as may be specified in the pass and if the holder is a citizen of an East African Community Partner State, to re-enter Kenya at any time during validity of the pass.

A principal of an educational or training institution who allows a student who is required under this regulation to obtain a student’s pass to attend training in such an institution without a student’s pass commits an offence.

An Immigration officer may issue a visitor’s pass, in Form 33 set out in the First Schedule, subject to such terms and conditions as may be specified in the pass.

A visitor’s pass shall permit the holder to enter Kenya within the period specified therein and to remain in Kenya for such period, not exceeding six months from the date of his entry into Kenya, as may be specified in that behalf, and to re-enter Kenya at any time during the period of validity of the pass.

An immigration officer may, from time to time, extend the validity of a visitor’s pass for such further period or periods as he may determine or vary its terms and conditions:

Provided that the aggregate period of validity of a visitor’s pass shall not exceed six months from the date of the holder’s entry into Kenya.

The holder of a visitor’s pass shall not accept or engage in any form of employment, whether paid or unpaid, or engage in any other income generating activity in Kenya, without the permission of an immigration officer, in writing.

The holder of a visitor’s pass who accepts or engages in such employment or activity without the permission of an immigration officer commits an offence and the visitor’s pass held shall, with effect from the date of such acceptance or engagement, be deemed to have expired and shall cease to be valid.

Subject to the provisions of these Regulations on work permits and permanent residence, a person who comes to Kenya to engage in any form of employment whether paid or unpaid or in any other income generating activity for a period not exceeding three months, shall not be issued with a visitor’s pass and shall apply for a special pass in the manner provided in this Act.

A visitor’s pass shall not be issued in advance to persons intending to come to Kenya.

A transit pass shall be endorsed in the holder’s passport.

A transit pass shall, subject to the terms and conditions specified therein, entitle the holder to enter into and remain in Kenya for the purpose of travelling to a destination outside Kenya, and shall be valid for such period, not exceeding three days, as may be specified in the pass.

An application by a person who is, in accordance with section 33 of the Act, a prohibited immigrant or inadmissible for a prohibited immigrant’s pass or inadmissible person’s pass shall be in Form 32 set in the First Schedule and the application shall be made before arriving at the point of entry.

An immigration officer may, after considering an application made under paragraph (1), issue a prohibited immigrant’s or inadmissible person’s pass in Form 34 set out in the First Schedule, to the applicant.

An immigration officer may, after considering an application made under paragraph (1), issue a special pass to the applicant in Form 35 set out in the First Schedule, for such period that does not exceeding six months as he may specify in the pass.

A special pass shall, subject to the terms and conditions as may be specified in the pass, permit the holder to enter Kenya within the period specified therein and to remain in Kenya for such period, not exceeding six months from the date of issue and to re-enter Kenya at any time during the period of validity of the pass.

The holder of a dependant pass, who is lawfully in Kenya, who intends to leave Kenya temporarily or who, having left Kenya temporarily and having been at the time of his or her departure lawfully present in Kenya, failed for reasons which an immigration officer are satisfied are good and sufficient reasons, to apply for a re-entry pass before his departure, may apply to an immigration officer, in Form 36 set out in the First Schedule or in such other form as an immigration officer may require, for a re-entry pass.

An immigration officer shall, after considering an application made under paragraph (1), endorse a re-entry pass, in Form 37 set out in the First Schedule in the holder’s passport, if he is satisfied that the presence of the applicant in Kenya on re-entry would be lawful otherwise than by virtue of the re-entry pass.

A re-entry pass shall be endorsed in the holder’s passport upon payment of the fees, if any, specified in the Ninth Schedule:

Provided that, where application for a re-entry pass is made by a person who is not in Kenya, an immigration officer may, if he is satisfied that good and sufficient reasons exists for such person’s failure to apply for a re-entry pass and to produce his or her passport for endorsement, before his departure from Kenya, issue a re-entry pass otherwise than by way of endorsement in the holder’s passport upon payment of the fee, if any, specified in the Ninth Schedule.

A re-entry pass shall be valid for the expected period of absence from Kenya but shall not in any case exceed two years from the date of issue.

A re-entry pass shall, subject to the terms and conditions specified in the pass, entitle the holder to re-enter Kenya at any time and from time to time during the period of validity:

Provided that a re-entry pass shall not entitle the holder thereof to re-enter Kenya if his presence in Kenya would for any reason be unlawful.

An exclusion arising by virtue of subparagraph (1)(a) shall cease if the person fails to continue his or her journey to a destination outside Kenya in the ship, aircraft, train, vehicle or carrier in which he or she entered Kenya or, being a member of the crew, in another ship, aircraft, train, vehicle or carrier that is owned by the persons who own the ship, aircraft, train, vehicle or carrier in which he or she entered Kenya and the person shall be unlawfully present in Kenya.

An immigration officer may issue a notice, in Form 38 set out in the First Schedule, to a person who has been declared to be a prohibited immigrant or an inadmissible person and who enters or intends or attempts to enter Kenya by any means.

An immigration officer may vary the terms and conditions specified in the notice to a prohibited immigrant or inadmissible person.

Any prohibited immigrant or inadmissible person to whom a notice has been issued under this regulation has been who refuses or fails to comply with any requirements of the notice commits an offence.

Where an immigration officer has issued a notice to a prohibited immigrant or inadmissible person under this regulation, the immigration officer may, if he deems it fit, issue a copy of such notice to the owner, person in charge or agents of the carrier on or from which the prohibited immigrant or inadmissible person entered, intended or attempted to enter Kenya, and thereafter the owner, person in charge or agents may take such steps as shall be necessary to ensure that the prohibited immigrant or inadmissible person complies with the terms of the notice served on him:

Provided that compliance with the requirements of a notice under this regulation shall not relieve the owner, person in charge or agents of the carrier of his obligations under the Act or any other written law.

Where a prohibited immigrant or an inadmissible person has been refused permission to enter Kenya, the immigration officer shall issue a notice in Form 39 set out in the First Schedule to the owner, person in charge or agents of the carrier on or from which the prohibited immigrant or inadmissible person entered, intended or attempted to enter Kenya requiring the owner, person in charge or agents of the carrier on or from which the prohibited immigrant or inadmissible person entered, intended or attempted to enter Kenya to take the prohibited immigrant or an inadmissible person into their custody and ensure that the prohibited immigrant or an inadmissible person is removed from Kenya.

Where the Government is has incurred or is likely to incur any expenses in connection with the detention, maintenance, medical treatment or removal from Kenya of any person or the spouse, children and other dependants under the Act, the Director may issue a notice to the person against whom the expenses have been or are likely to be incurred, the owner or person in charge or agents of the carrier by which the person entered or intended to enter into the country or the surety or other person liable for the expenses demanding the reimbursement, within the period specified in the notice, of the expenses incurred or to be incurred by the Government.

Where there is default in reimbursement of the expenses incurred by the Government, the Director may apply to a court of competent jurisdiction in that behalf, for an order to recover the expense incurred as a civil debt from the owner, person in charge or agents of the carrier on or from which the person entered, intended or attempted to enter Kenya.

Any warrant issued under this regulation may be executed in the same manner as a warrant for the recovery of a civil debt and may in the alternative be executed as if it was a warrant for levy of distress in respect of a fine under section 334 of the Criminal Procedure Code (Cap. 75).

The partial recovery of expenses under this regulation shall not prejudice the liability of any surety for the balance, nor shall the issue or execution of a warrant under this regulation be a condition precedent to the liability of a surety.

The Director may, as a condition precedent to the issue of every permit or pass the, require the deposit as security of such amounts are specified prescribed in the Ninth Schedule to be deposited with the Service in respect of each permit or pass.

Every deposit may, if necessary, be used to defray any expenses incurred or likely to be incurred by the Government in connection with the detention, maintenance, medical treatment or removal from Kenya of the person in respect of whom the permit or pass was issued and of the spouse(s), children and other dependants, if any.

The Director may, in lieu of requiring a deposit under regulation 38, permit the applicant for a permit or pass or some other person on his behalf, to enter into a bond to provide security, with or without sureties, in a sum as shall be prescribed in the Ninth Schedule in respect of each permit or pass:

Provided that the Director may accept one composite bond in respect of any number of persons so long as the amount of the security provided by such bond does not in aggregate exceed the amount prescribed in the Schedule in respect of each person.

Regulation 52(2) shall apply mutatis mutandis in respect of any security provided under this regulation.

Where any employer enters or intends to enter into contract a for the employment within Kenya with a person in respect of whom an application required under the Act for the necessary permit and in respect of whose spouse, children and other dependants, applications may be made for dependants’ passes, the Director may, in lieu of a deposit or security bond in respect of an employee and the spouse, children and other dependants, if any, permit the employer to enter into a covenant to provide general security in respect of the employee and his or her spouse, children and other dependants, if any, in a sum as shall be prescribed in the Ninth Schedule in respect of each individual.

A general security covenant shall be in Form 41 set out in the First Schedule.

A subordinate court of the First Class may, on being satisfied that the security given under any security bond or general security covenant under regulation 39 or regulation 40 has been forfeited, on application being made by the Director, issue a warrant for the attachment and sale of the property belonging to any person or his estate, if such person died after the security was forfeited bound by such security to pay the sum specified in the bond or covenant.

Any warrant issued under this regulation may be executed in the same manner as a warrant for the execution for a civil debt.

If sufficient cause is not shown and the forfeited security is not paid, the court may proceed to recover it by issuing a warrant for the attachment and sale of the movable property belonging to that person, or his estate if he is dead.

A warrant may be executed within the local limits of the jurisdiction of the court which issued it; and it shall authorize the attachment and sale of the movable property belonging to the person without those limits, when endorsed by a magistrate within the local limits of whose jurisdiction the property is found.

If the security is not paid and cannot be recovered by attachment and sale, the person so bound shall be liable, by order of the court which issued the warrant, to imprisonment for a term not exceeding six months.

Any person who is aggrieved by a decision of the court made under this regulation may appeal to the High Court.

A foreign national to whom section 56(2) applies shall, within thirty days of the date when the order is made under section 56(2), or such other duration as the Cabinet Secretary shall declare, report to the nearest immigration officer in the area in which the foreign national resides.

A foreign national shall upon reporting produce a valid passport or other travel document to establish his or her identity and nationality, two recent passport size photograph of himself taken not more than twelve months before the date of attendance and any additional particulars as may be required by an immigration officer and shall have his or her biometrics taken.

A foreign national shall apply for registration in Form 42 set out in the First Schedule.

Subject to subsection (2), where a registered foreign national changes his residence, he or she shall report the fact of his or her arrival at, and the address of, his new residence to the nearest immigration officer of the area in which he or she is situated within seven days of the date of his arrival.

A registered foreign national who does not established residence in Kenya and who moves from the place he or she was to another shall, after the movement report, within seven days, his or arrival to the immigration officer responsible for that area.