In Kenya today, we seem to have an explosion of the fake way of doing things. I have heard this tired phrase…fake it till you make bundled around in all platforms but didn’t quite expect people would embrace it this big.

Our media, be it mainstream, blogs, social media or even the gutter press is awash with fake stories of fake doctors, fake teachers, fake cops, fake lawyers, fake schools, fake night runners, fake whores, fake beggars…to name just but a few.

On a more serious note, every time I walk the real streets of Nairobi and look at the beggars lining the streets as busy Nairobians go about their businesses, be they fake or real, and wonder if indeed they are real beggars or the fake ones that own property but during the day their day job is begging.

As my mind is trying to digest that, I look around and see chemists all over the place selling all manner of drugs to Kenyans. I am not even sure if they are fake or real…but even if they were real…what about the drugs they sell? Have we not heard about fake drugs all over the place?

Anyway, let me not dwell there a lot because I have a long journey to make. I buy a newspaper and read about a story of a man who was caught somewhere in Kenya for stealing from unsuspecting men posing as a woman! The story is this man would dress as a woman and approach men…fake or real? Lure them into accepting to take ‘her ‘for the night and ultimately end up drugging them ( am sure using a real drug) and stealing from them!

In the same paper I read of night runners in western Kenya seeking recognition for their very important role of running in the night! Justifications? By running in the night, they keep thieves at bay and therefore contributing to the security and safety of the country! I am not sure but I think I also heard them say that they were also threatened by fake night runners.

At the matatu terminal, I board a mathree to my work place and as soon as I am in, the conductor stretches his hand for fare and I willingly hand him a crisp clean 100 shillings note….he looks at it with suspicion and squeezes it in his hands to confirm it is real. Problem? Well there is a lot of fake money in circulation.

In the office, as I am busy doing my job, I receive an sms on my phone…apparently I have won 100K in a competition I am not aware of and never participated! I politely asked the sender to use the money to buy the mother, struggling in the village with fetching fire woods, a meko to make her life easier.

The rest of my day is OK….it is a Friday anyway.

On Saturday morning, I decide to take my real car( 1989 model of Toyota, by then the fake business was not booming) to an estate fundi for check up. Now my junk had a small problem of becoming a boiler of some sort by turning the water in the radiator into steam…and I explain this to the mechanic…who starts by giving me his story of how he started as a driver in Mombasa with the then OTC and how he ultimately came to Nairobi. Several days later and my car was at his garage with no solution…the problem? Fake mechanic…

If I am to write this story to complete it, I need a fake tarmac road to write on….may be from Mombasa to Kisumu! So I have to cut it here…

But before I do that, my mind is still wondering how shall we deal with this? Am not sure prayers will work if the pastors we have are the Kanyaris! Not sure reporting to the police will work either if the cops we have are Waiganjos….am not sure the courts with all the fake judges and magistrates as has been demonstrated by the vetting processes, will work either

For some time I thought strong regulatory framework would help, but gauging by what is happening with our parliament and Ethics and Anti-corruption commission where the people supposed to be the watch dogs have becomes hyenas instead, I think that too will not work!

So, what will work? I don’t know because probably am also fake! Hahah

See you soon in the fake world.

 

Like them or hate them, the Americans know exactly what they want and go for it. They are very much concerned about their security than many other things after the 9/11 experience. They mean business in terms of who goes to the USA and what for..

When my boss told me that I needed to go to the US for a business conference, the many things that came to my mind were the many stories I had heard about people’s experiences at the consular section of the American Embassy in Nairobi and elsewhere… This did not deter me from starting the process of Visa application. gladly for me, I had very able helping hands to take me all through in a colleague who has worked at the US Embassy before …all the same I kept asking what if…..the visa is denied and so forth! At some point I told my boss, an American as well, that well, if her fellow countrymen liked me and gave me the visa, I would be happy to visit the free world….but should they not, then my life goes on! She was not amused but I really meant it.

Any way to cut the long story short, all went well and an interview was fixed for me to appear before consular officers…and that day traffic was heavy and consequently I got there a few minutes ‘late’ but nonetheless allowed in.

The first thing I saw is how submissive every person going to the consulate was, even the ones that are ordinarily hard headed!…and I joined the queue as humbly as it could be and ushered into the expansive compound after being relieved of anything of value. I mean my mobile phones! from that point onwards I was ‘mteja’ not available on phone.

After a few steps, corners and doors it was my turn to appear at a window for my finger prints to be taken which I did humbly…then ushered at a waiting place outside…..there were drizzles and it was a bit cold but we were many so it was fine for me…. I waited for four hours and was then called back inside to await another turn at the window! I waited…..waited and waited…but the good thing is interviews were being done publicly so I was Ok as I listened to different people arguing their case as to why they want to go to the US: Three cases really mesmerized me:

Case 1: A Somali national who stayed at the window for almost one hour speaking through an interpreter because he was not fluent in English! Except when he felt the interpreter was not hammering his points properly! he would then speak in English! Of course he got a red card meaning rejection!

Case 2: An old  man that wanted to go back to his wife in the US…..surprising he had divorced the same wife twice and the  consular officer asked him to demonstrate that he is married to him and that they keep in touch…the poor guy then unleashed a pile of framed photos of their happy life together…am not sure whether he got a red or green paper but it was a harrowing experience for him…I felt pity on him but still admired his determination to actualize his American dream again!

Case 3: An old mother and her twelve years old daughter who wanted to go to the US to visit her brother. As soon as they were at the window and the consular officer asked a question, the girl took over and answered ALL of them perfectly and the consular officer gave  her the green card in three minutes! Amazing

Then it was my turn and the moment the consular officer saw that I worked for Kenya Immigration in my other life the interview ended as we chatted about how Immigration work is tough with me telling him that he had a tougher job because everyone except me wanted to go to America…Never mind I was actually before him begging for a Visa to go to the USA!…of coz I got the visa!

Indeed America is the place the whole world want to go!

Watch out for part two on my experiences on my way to and in America itself.

Among other places you can find this new law at this address:
http://
http://www.knchr.org/Portals/0/Bills/THE%20SECURITY%20LAWS%20AMENDMENT%20BILL%202014.pdf

Today the 19th of December 2014, one day after the National Assembly passed the Security amendments bill, the  president has signed it into law: It is now The Security Amendments Act 2014! Its implementation is underway and I think once this starts, it is when we can tell if it works for or against various issues it was  anticipated to address:

Those with interest in Kenya Immigration practice should watch out for how it will affect their operations or stay in Kenya but at this point we know that the era of changing Immigration status from a visitor to a work permit will be a thing of the past among other operational changes envisaged in the amendments. Work permits will have to be applied for, processed and approved before one can travel to Kenya.

Lets keep watching this space.

The much awaited bill has today the 18th of December 2014,  been passed by the Kenya National Assembly in a very acrimonious special session. As I had promised before, the passage of this Bill that now awaits presidential assent within fourteen days to become law. I know this has affected many other laws but my concern at this point in this forum is the Kenya Citizenship and Immigration Act 2011.  The Most outstanding  issues of Immigration concern are: 1. The fact that now the Permits Determination Committee will be appointed by the Cabinet Secretary in charge of Immigration. 2.  Now applications for Work Permits will be applied when the applicant is out of the country….this means it will not be possible to apply for a work permit while the person is in country. ( In many other jurisdictions this is the famous change of status) 3. The grounds for invalidation of both permanent residence and work permits have been expanded. 4. Foreigners residing in Kenya for a period exceeding 90 days must now register with an Immigration officer and should they change their residence or travel they must report the same to an Immigration officer. 5. The  Investment Promotion Act 2004 has also been amended to provide for the Minister to make regulations prescribing the categories of employees  to be issued with work permits. In my  view these are some of the provisions that may have an immediate effect on Foreigners seeking for permits or passes from Kenya Immigration services and I am eager to see how the passage of these new laws and appointment of a brand new Cabinet Secretary for Interior who is also in charge of Immigration will change Immigration practice….and before I forget, these new laws also puts a lot of liability on Immigration officers perceived to facilitate the entry of  criminals into the country…the punishment is at least 10 years! I wish them well… Keep watching this space for more updates as they come by.

Today, the 18th of December 2014, the National Assembly of Kenya has approved the appointment of the Hon. Major General (retired) Nkaissery,  as the new cabinet Secretary for Interior. The president will now formally appoint him and he will be sworn to serve.

He is the man in charge of many security agencies like: Kenya Police, National intelligence service, Prisons and Immigration services among others. My interest at this time is how this appointment will affect Immigration Practice because, Immigration has been in the news for all the wrong things since the 2013 West gate terror alert…this is the man that will decide who sits in the Permits Determination Committee as well as confer citizenship to those wishing to regain or acquire Kenyan citizenship….I am very ambivalent on what this means.

Lets keep watching this space for more updates on this issue.

As the reorganization of processes and systems at Kenya Immigration Services continue under the leadership of the new Director, there are a few changes in the manner and processes of applying for various services. In addition to the new checklist form to accompany all applications for work permits, a few forms have also  been re-designed to align with the respective requirements for applicants details. The form for work permit and special pass have been edited a bit and all applications are now to be submitted in these new forms.

To avoid delays and inconveniences, it is advisable to make your application as directed by Immigration officials. Form 25 is available  http://immigration.go.ke

Form 32 ( special pass application) and Form 27 ( report on employments) are yet to be uploaded into the online platform…

Keep watching this space for any updates on the availability of the forms.

Due to the recent changes at the Kenya Immigration  Services after the appointment of the new Director, there is renewed enforcement of all the laws and policies on all matters Immigration. Consequently, all applications for work permits or any other immigration related services, are required to be 100% compliant with the laws and regulations. To this end, applications for Class D work permit MUST have a Kenyan understudy for them to be received or processed. Failure to do this will not only delay the process but also reduce the chances of approval by nearly 50%! One could correctly say this requirement is cast in stones now!

In my view, this is not new but due to weak enforcement of the same in the past, permits were being processed   without complying with this provision….this now has changed and people need to comply. The main reason for this is to ensure skills/jobs are  transferred from the expatriates to Kenyans in the specified  time frame because the government of Kenya position is that Kenyans are well qualified to run the economy.

It will  therefore be very important to ensure that suitable Kenyans are identified to understudy respective expatriates holding  work permits…I am not sure if there are exemptions but if that is to happen, then there must be very clear justifications for it.

Keep watching this space for anything new about Kenya Immigration issues…especially on what the passing of the The Security Amendments Bill 2014 will mean to seekers of  Immigration services not forgetting the crackdown on NGO operating  in Kenya and the order by government for them to report to the NGO coordination board to account for all expatriates holding work permits under their sponsorship!..we are living in very interesting times as the government of Kenya moves to strengthen all security related operations including Immigration.

If you have been following the news now trending in Kenya, you know that the government of Kenya through the SECURITY LAWS AMENDMENT BILL 2014, seeks to amend over 20 legislations to tighten counter terrorism. I have gone through the bill and established that the Kenya Citizenship and Immigration Act of 2012 is being amended. Please check section 86-95 of the bill from this link:  http://www.hapakenya.com/wp-content/uploads/2014/12/THE-SECURITY-LAWS-AMENDMENT-BILL-2014.pdf to see the sections being amended.
In brief, this bill if passed today in Parliament, the following are a few issues that will affect our operations:

1. The Permits Determination Committee will now be solely appointed by the Cabinet Secretary in charge of Immigration.
2. Work permits Must be applied for, processed and approved before a  foreign national enters the country
3. The conditions for invalidation of Work Permits and Permanent residence have now been expanded.
4. The conditions for Foreign national registration: any one residing for more than three months must register with an Immigration officer and always report his/her change of residence/address or travel.

These are  just a few of the issues and I encourage you to read the proposed changes from the  bill and with reference to the Act itself. Important to note is that this bill is being debated today in the National Assembly and from the mood now in the country, after the massacre in Mandera, this bill is likely to pass and be implemented. Hotels and places of accommodation have now a bigger role is submitting the list of guests on a weekly basis to the Director of Immigration service… I hope Immigration officers will be empowered to enforce these laws because in my view, even as at now the laws are pretty tough but the enforcement is weak. Companies employing foreigners now need to emphasize on compliance with all laws because there are new sheriffs in town and they are very military in Nature: I mean The new Cabinet Secretary, Hon Major Retired Nkaissery, The Director General of National Intelligence Services Major General Kameru and the Director of Immigration Service Major General Retired Gordon O. Kihalangwa….and probably the new IGP may as well come from there and the team will be full, ready and rearing to go.

Lets wait and see how the national Assembly will debate the bill….. keep watching this space for more stuff.

When the West gate terror attack happened in September 2013, it was a nightmare being an immigration officer, like I was then,because wherever you turned to, Kenyans saw you as the one that allowed the terrorists into the country! I even remember officers fearing to wear their uniforms for fear of attacks and ridicule: reason? the media and many other agencies blamed the attack on loopholes at Immigration! I was not convinced that the total blame was correctly apportioned to Immigration…and I still believe that it was just a scapegoat! someone had to take it any way. Then came the poisonous alcoholic drinks that killed many Kenyans: some chiefs, Dos and police officers had to go…another blame game. I never quite understood how can you take the blame off a full grown man or woman,  who out of his/her volitions goes out and take some poison in the name of beer and once it has killed that person you blame it on another one that was nowhere when it all happened! I could be wrong but we saw in Tana River some people chasing away a chief who went to stop them from taking illicit alcohol…they said ‘ achana na pombe yetu bwana’ ( leave our liquor alone sir) Thirdly the numerous terror attacks, with the most recent ones being in Mandera where over 50 innocent persons lost their lives: people were baying for Ole Lenku’s and Kimaiyo’s blood! reasons? They had failed to tame he runaway insecurity! well, granted, someone had to rake the hammer for it! That is why both had to be edged out…. There are numerous  such examples in every sector of our economy, where we are always looking for people to blame. It was not a surprise to me at all when the lynch mob on social media went for H.E Uhuru Kenyatta for telling us that security begins with us! All manner of insults were hurled at him for daring to tell us such a thing: They were in their usual Kenyan style of apportioning blames! My contention is that, yes,  Lenku and Kimaiyo are gone but can anyone prove to me that we are now safer than we were two weeks ago? I can bet my nose that the answer is NO.  This could be just a lull….My view from the onset, were and still are that for as long as we continue to put our trust in persons heading institutions instead of building stronger institutions that can with stand change of guard as they do in developed countries, we will keep coming back to square one: blame game. Citizenry needs to invest in creating and operationalizing strong institutions that are run properly and over time such institutions will be so strong to an extent that it will not matter who heads them….they will have a life of their own. I don’t believe that the USA or UK or Germany has superior people than Kenya or Nigeria! The truth is that they have stronger institutions that can withstand vagaries of change of guard while in Kenya or Nigeria we put too much trust in individuals. In my nine years of Immigration service, I saw at least three Directors come and go and each one of them came up with their own style of administration…with varying levels of success of course! I believe whatever they did, they did in good faith but unfortunately, the same problems that have affected services delivery seems to persist and the current Director is trying so hard to sanitize and stream line operations at Immigration. I admire his zeal and wish him well. I believe in order to consolidate all these gains that have been accumulated in reforming institutions over time, we need to put enough resources and focus on strengthening all our institutions, be they Immigration, Police,Education, health or Military, to mention just but a few. If we do not do this, then my view is that we will keep looking for people to blame every time things do not work…as they say, it is madness to do the same thing over and over and expect different results. My dream is that one day, Kenya will have systems that run seamlessly without baby sitting them….I long to see that day when green at traffic lights means go and red means stop without a policeman standing there to mid wife the process…..but above all that day when Kenyans will fall in love with the order brought about by good systems and respect for simple rules and regulations without looking over their shoulders to see if there is a policeman checking on them because only then shall we have become a civilized society of men and women!