KENYA IMMIGRATION PART 1: UNPACKING THE LEGAL NOTICE NO. 198: ARE MEMBERS OF COMPANIES LIMITED BY GUARANTEE AND REGISTERED TRUSTS PROVIDED FOR?

Introduction:

Under legal Notice No. 198, carried in a special issue of the Kenya Gazette, supplement No 225 (Legislative Supplement No 95) dated 16 December 2024, the Cabinet Secretary, who was then acting as the Cabinet Secretary for Interior and National Administration, amended the Kenya Citizenship and Immigration Regulations to introduce new classes of permits: I, N, Q, and R. In this piece, I will only unpack Class I and Q.

Analysis of Class I & Q:

Prior to these amendments, the Class I Permit provided for members of an institution registered under the society’s Act engaged in missionary work, a company limited by guarantee, and a registered trust. The fees under this category were Kshs. 1000 as processing fee and Kshs. 5000 per year approved.

Under the new regulations, the government has retained ONLY members of institutions registered under the Society’s Act engaged as missionaries whose activities are directly involved in preaching or conducting religious worship and rituals. What this means is that only Missionaries will be allowed under Class I. The new fee for this is Kshs. 20,000 per year approved.

Additionally, a class Q permit has been introduced to cater to members of the Prescribed profession working for religious and/or charitable organizations and who are NOT involved in preaching or the conduct of religious worship and rituals. The fee for Class Q is Kshs. 20,000 (processing fee) and Kshs. 100,000 per year approved as issuance fee.

This introduction of members of prescribed professions narrows down those that can apply for class Q to members of the 15 professions such people as doctors, lawyers, and engineers among others as provided for under the 8^th schedule of the Kenya Immigration and Citizenship Regulations of 2012 as amended.

Curiously, there is no mention of members of a company limited by guarantee and members of registered trusts as was the case previously in either class I or Q. Is this a lacuna in law, or was it bad drafting? As of now, it is NOT clear whether the term “charitable organizations’ covers the same.

In my considered view, this was an error in drafting that must be corrected through an amendment to avoid any legal issues from a litigious person. In the meantime, the Director General can exercise discretion to process members of companies by guarantee and trusts under Class Q.

By George Mati Mucee (GMM)

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