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Aliens Restriction Act, Cap 173

Date of entry into force:18 May 1973

Article 2

In this Act, unless the context otherwise requires -

"alien" means any person who is not a citizen of Kenya;

"aliens order" means an order made by the Minister under subsection (1) or (2) of section 3 of this Act;

"the Minister" means the Minister for the time being responsible for matters relating to internal security.

Article 3

(1)The Minister may, at any time when a state of war exists between Kenya and any foreign power or when it appears that an occasion of imminent danger or great emergency has arisen, by order impose from time to time restrictions on aliens and provision may be made by any such order.

(a)for prohibiting aliens from landing in or otherwise entering Kenya either generally or at certain places and for imposing restrictions or conditions on aliens landing or arriving at any port in Kenya.

(b)for prohibiting aliens from embarking in or otherwise leaving Kenya either generally or at certain places and for imposing restrictions and conditions on aliens embarking or about to embark in Kenya;

(c)for requiring aliens to reside and remain within certain places or districts;

(d)for prohibiting aliens from residing or remaining in any areas specified in the order;

(e)for the appointment of officers to carry the order into effect, and for conferring on such officers such powers as may be necessary or expedient for the purposes of the order;

(f)for imposing penalties on persons who aid or abet any contravention of the order, and for imposing such obligations and restrictions on masters of ships or any other persons specified in the order as appear necessary or expedient for giving full effect to the order.

(g)for conferring upon such persons as may be specified in the order such powers with respect to arrest, detention, search of premises or persons and otherwise, as may be specified in the order, and for any other ancillary matters for which it appears expedient to provide with a view to giving full effect to the order; and (h)for any other matters which appear necessary or expedient with a view to the safety of the country.

(2)Notwithstanding subsection (1) of this section, the Minister may at any time by order require aliens residing in Kenya to comply with such provisions as to registration, notification of change of abode, travelling or otherwise, and in such manners as may be specified in the order.

(3)Any person who contravenes any provisions or requirement of an aliens order shall be guilty of an offence and liable to a fine not exceeding three thousand shillings, or to imprisonment for a term not exceeding six months, or to both such fine and imprisonment that the court before which he is convicted may, either in addition to or in lieu of any such punishment, require that person to enter into recognizances with or without sureties to comply with the provision of the order or such provisions thereof as the court may direct, and if such person fails to comply with the order of the court requiring him to enter into recognizances may be committed by the court to imprisonment for a term not exceeding six months.

(4)Any provision of an aliens order may relate either to aliens in general or to any class or description of aliens.

(5)If any question arises on any proceedings under an aliens order, or with reference to anything done or proposed to be done under any such order, as to whether any person is an alien or not, or is an alien of a particular class or not, the onus of proving that that person is not an alien, or, as the case may be, is not an alien of that class, shall lie upon that person.

(6)The Minister may at any time revoke, alter, or add to any aliens order.

(7)Any powers given under this section, or in any aliens order, shall be in addition to, and not in derogation of, any powers with respect to the expulsion of aliens or the prohibition of aliens from entering Kenya or any other powers conferred on the Minister or any other authority by any other written law.

Topics: Aliens, Alien law,