africa

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

/ George Mati Mucee (BA, MA, LLB- MPRSK) / Leave a comment

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 8th 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)

#Mtukazi

KENYA: NEW IMMIGRATION FEES: PART 1: CITIZENSHIP APPLICATION PROCESS

/ George Mati Mucee (BA, MA, LLB- MPRSK) / Leave a comment

KENYA: NEW IMMIGRATION FEES: PART 1: CITIZENSHIP APPLICATION PROCESS

Introduction:

Kenya initiated the process of increasing immigration related fees vide a special issue of the Kenya Gazette dated November 7, 2023, by the Cabinet Secretary for Interior and National Administration, the Hon. Prof. Kithure Kindiki. 

This was contested in court and orders issued stopping the same. Consequently, Prof. Kindiki revoked the November 7 notice and published another one on the 14th of December 2023 inviting public participation for the fees notified to take effect on the 1st of January 2024.

The new fees took effect on the 1st of April 2024 and covers many services offered by the Directorate of Immigration Services (DIS). In this article we will cover only Citizenship Application related fees.

Kenyan Citizenship Application

Kenya offers two pathways to citizenship: one is either born a citizen or can be registered as a citizen after;

  1. Marriage to a Kenyan citizen for 7 years or
  2. Residing in Kenya on the authority of a permit for 7 years.

The Services and fees:

There about Twelve (12) services around citizenship in the Immigration portal (EFNS) I will list them all and the fees charged.

Important to note is previously, there was no Processing fees charged on these services but now a processing fee of Kshs. 20,000 (Twenty thousand) has been introduced for all except for one category of Disabled Children or dependent of Kenyans.

  1. Lawful Resident Category: This is where a person having resided in Kenya on a permit for at least 7 years applies to be a Citizen. The fees are.
    1. Processing fee:              Kshs. 20,000
    1. Issuance fee:                 Kshs. 1,000,000 (one million)

NB: It is mandatory to declare dual Nationality once citizenship is issued thus the dual declaration fees will apply. 

  • Dual Declaration: The law requires one to declare dual nationality once granted Kenyan citizenship or a Kenyan that acquires another citizenship.
    • Processing fee: Kshs. 20,000
    • Issuance fee:     Kshs. 10,000
  • Endorsement: if one wishes to have an endorsement in their non-Kenyan Passport saying they are Kenyan to allow them travel as Kenyans even without the Kenyan passport then they can apply for the same.
    • Processing fee: Kshs. 20,000
    • Issuance fee:     Kshs. 10,000
  • Renunciation: This applies to a Kenyan that wishes to voluntarily renounce their Kenyan citizenship to acquire citizenship of another country that does not allow dual nationality
    • Processing fee: Kshs. 20,000
    • Issuance fee:     Kshs. 50,000
  • Regaining: This applies to Kenyans that had lost their Kenyan citizenship under the old constitution upon acquiring citizenship of another country and now wishes to regain it.
    • Processing fee: Kshs. 20,000
    • Issuance fee:     Kshs. 50,000
  • Spouse of Kenyan: a. Kenyan married to a non-Kenyan for at least 7 years, can apply for their spouse to be registered as a Kenyan citizen. There is a disparity in fees based on where the foreign spouse comes from:
    • East African national:
      • Processing fee:             Kshs. 20,000
      • Issuance fee:                 Kshs. 50,000
    • Rest of the world:
      • Processing fee:              Kshs. 20,000
      • Issuance fee:                 Kshs. 100,000
  • Widow/widower of Kenyan: Where one is married to a Kenyan citizen and the Kenyan spouse dies before they are registered as Kenyan, the non-Kenyan spouse can still apply for the same subject to the 7 years rule and other provisions.
    • Processing fee:             Kshs. 20,000
    • Issuance fee:                 Kshs. 50,000
  • Children and Dependents of Kenyans: Applies to a child or dependent of Kenyan below 18 years but not older than 22 years who upon application by the parent/guardian can be registered.
    • Processing fee:              Kshs. 20,000
    • Issuance fee:                 Kshs. 100,000
  • Children and Dependents of Kenyans living with Disabilities: Applies to a child of Kenyan below 18 but not more than 22 years but living with disability.
    • No processing fee          –
    • Issuance fee:                 Kshs. 20,000
  • Migrants: Applies to person who voluntarily migrated into Kenya before the 12th of December 1963 and has continuously lived in Kenya.
    • Processing fee:              Kshs. 20,000
    • Issuance fee:                 Kshs. 10,000
  • Stateless Persons: Applies to a person who does not have an enforceable claim to citizenship of any recognized state and has been lawfully living in Kenya for a continuous period since 12th December 1963 
  • Descendant of migrants and Stateless persons: These are children born of migrants and stateless persons in no 10 & 11 above.
    • Processing fee:              Kshs. 20,000
    • Issuance fee:                 Kshs. 10,000

Conclusion:

In calculating the full cost of the processes across all the 10 categories, one must include the Kshs. 20,000 processing fees and Kshs. 30,000 for dual declaration because the law requires one to declare dual nationality once granted Kenyan citizenship. Migrants and stateless persons are not expected to declare dual nationality because the very reason they are being considered on those grounds shows they do not have claim to other nationalities.