What Is the Kenya Foreign Nationals Management Services?
- The “Foreign Nationals Management Services” is part of the broader Kenya Citizens and Foreign Nationals Management Service (KCFNMS or the “Service”), established under the Kenya Citizens and Foreign Nationals Management Service Act, 2011, CAP 171.
- The Service is responsible for immigration, foreign national registration, issuance of permits, control of entry/exit, citizenship, population registration, and related matters.
- The Foreign National Management Services arm or unit deals specifically with registration, monitoring, and regulation of foreign nationals (non-citizens) in Kenya: e.g., issuing registration certificates (alien cards), processing permits/visas, compliance, and enforcement.
Who is a Foreign National under Kenyan Law?
A foreign national is defined in the Kenya Citizenship and Immigration Act, 2011, as any person who is not a Kenyan citizen. This includes tourists, expatriates, businesspersons, students, asylum seekers, and refugees.
Exempted categories (not required to register as foreign nationals):
- Official members of the armed forces
- Accredited public officers and their families
- Refugees already registered under the Refugee Act
- Those in Kenya for less than three months on valid passes
What Law Establishes the Kenya Citizens and Foreign Nationals Management Service?
The service is established under the Kenya Citizens and Foreign Nationals Management Service Act, 2011 (Cap. 171). Key highlights:
- It is a body corporate with perpetual succession.
- It has powers to:
- Sue and be sued
- Acquire and dispose of property
- Charge fees for services
- Enter into contracts
- Maintain a National Population Register for citizens and foreign nationals
Who Composes the Service?
The Service comprises:
- A Board appointed under Section 5 of the Act. It consists of:
- Chairperson (appointed by the President)
- Principal Secretaries from Immigration, Foreign Affairs, and Internal Security
- Director-General (ex officio)
- Secretary (ex officio)
- Five experts (appointed by the Cabinet Secretary), not public officers
- The Director-General, appointed under Section 13
- Other officers appointed under Section 16
- The Tribunal (Kenya Citizenship & Immigration Service Appeals Tribunal) is established under section 23
- The Cabinet Secretary responsible for immigration and citizenship matters
What Are the Functions of the Kenya Citizens and Foreign Nationals Management Service?
The Service is responsible for:
- Implementation of policies, laws on immigration, citizenship, foreign national registration, births and deaths registration, identification & registration of persons, issuance of travel/identity documents.
- Creation and maintenance of a National Population Register capturing both citizens and foreign nationals.
- Foreign national registration: Persons residing in Kenya for more than 90 days are to be registered; issuance of alien cards/ registration certificates.
- Immigration control: Entry, exit, border management, citizenship and immigration matters.
- Advisory role: advising the government/Cabinet Secretary on immigration, nationality, prohibited immigrants, and inadmissible persons.
- Data collection, analysis, record-keeping, and information sharing are subject to law.
- Enforcement and regulatory functions: ensuring compliance, investigating breaches, deportation matters, and issuing orders. (E.g., in the Limin v DG case, the respondent issued a deportation order).
What Are the Duties of the Director-General?
The Director-General is the chief executive of the Service and is responsible for:
- Overseeing day-to-day operations
- Implementing policies and directives from the Board and the Cabinet Secretary
- Issuing permits, residency, foreign national registration certificates (alien cards)
- Supervising registration, immigration, and enforcement functions
- Ensuring data integrity within the National Population Register
- Making administrative decisions on immigration status, permits, and compliance
- Delegating powers / appointing immigration officers.
How Can One Challenge a Decision Made by the Director-General?
If aggrieved by a decision of the Director-General, a foreign national may:
- Section 22 of the CFNMS Act provides that a person aggrieved by a decision of the Director (i.e., DG) under any of the Acts administered may apply to the Cabinet Secretary for a review of that decision.
- Also, one can appeal to the Kenya Citizenship & Immigration Service Appeals Tribunal (established under section 23) from decisions of the DG or Board.
- From the Tribunal’s decision, one may further appeal to the High Court, in such manner/time as prescribed.
- Another avenue is judicial review in the High Court (constitutional petitions) when decisions violate constitutional rights (e.g., denial of fair hearing, arbitrary deportation).
What Is the Kenya Citizenship and Immigration Service Appeals Tribunal?
- The Tribunal is a quasi-judicial body created under section 23 of the CFNMS Act.
- It comprises:
- A Chairperson, qualified to be a High Court judge;
- Two other members with expertise in public administration, immigration, or demography.
- The Tribunal wields the powers of a subordinate court of first class.
- The Tribunal is established to:
- Hear appeals from decisions of the Board or the Director General in matters such as immigration, citizenship, and other foreign national matters under the Acts administered by the Service.
- Make determinations in accordance with prescribed rules of procedure (as may be prescribed by the Chief Justice).
- A person dissatisfied with a Tribunal decision may appeal to the High Court.
What Services Can a Foreign National Access Through the System?
Foreign nationals access services via the Directorate of Immigration or the eFNS portal:
| Visitor’s Pass Extension | Apply for extension beyond the initial stay period |
| Foreigner Certificate Issuance | Mandatory registration for long-term foreign residents |
| Work Permits and Endorsements | Class A–M permits for employment, investment, missionary work, etc. |
| Student Pass | For foreign students enrolled in Kenyan institutions |
| Dependent Pass | For spouses and children of permit holders |
| Re-entry Pass | For foreign nationals temporarily leaving Kenya |
| Permanent Residency | Application for long-term settlement status |
| Citizenship Application | For eligible foreign nationals seeking Kenyan citizenship |
| Refugee Registration | Under the Refugee Act, for asylum seekers and refugees |
| Alien Card Replacement | For lost or expired foreign certificates |
How Njaga & Co. Advocates LLP Can Assist You
At Njaga & Co. Advocates LLP, we provide comprehensive, client-focused support across the entire spectrum of immigration and citizenship services in Kenya. Our team of experienced immigration lawyers ensures every process is handled professionally, lawfully, and efficiently, giving clients the peace of mind that all applications comply fully with Kenyan laws and regulations.
Our Immigration & Foreign National Services Include:
- Work & Investment Permits – advisory, application, renewal, and appeal for all classes of permits (A to R) under the Kenya Citizenship and Immigration Act, 2011.
- Dependent, Student, and Visitor Passes – processing and renewals for family members, scholars, missionaries, and expatriates.
- Foreign Nationals Registration (Alien Cards) – registration of foreigners residing in Kenya beyond 90 days, replacements, and recording of changes.
- Citizenship & Residency – guiding clients through citizenship by registration, marriage, or permanent residence
- Visa Applications & Extensions – support in securing business, investor, multiple-entry, and visitor visas through the eFNS platform.
- Appeals & Reviews – representation before the Director-General of Immigration, Cabinet Secretary, and the Kenya Citizenship & Immigration Service Appeals Tribunal for denied or revoked permits.
- Regularization & Compliance – assistance with rectification, conversions, or status updates for individuals or corporates managing expatriate staff.
- Corporate Immigration Advisory – compliance audits, expatriate quota management, and ongoing support for companies employing foreign nationals.
- Re-entry & Visitor Pass Extensions: Ensuring lawful continuity of stay.
Why Choose Njaga & Co. Advocates LLP?
✅ Expertise in Kenyan Immigration Law
✅ Diaspora-Focused Legal Solutions
✅ Transparent Fee Structures & Timely Execution
✅ Strategic Advisory for Global Clients
✅ Personalized, Client-Centric Service
If you are a foreign investor, expatriate, NGO, or corporate entity seeking reliable legal support on immigration, permit, or citizenship matters, we’d be delighted to assist.
Disclaimer: This article provides general information and does not substitute legal advice on specific circumstances of any individual or organization. While the information is accurate as of the date published, we cannot guarantee it remains accurate at the time you read it or that it will stay current. Before acting on any of this information, please seek professional legal advice tailored to your situation.
