Rev. 2010]
Immigration
CAP. 172
9
period, shall for all the purposes of this Act (including the exercise of the
Minister’s powers under subsections (2), (3) and (4) be deemed to be an
order made under this section, and shall be enforced accordingly.
(7) An order made or deemed to have been made under this section
shall, for so long as it provides that the person to whom it relates shall
remain out of Kenya, continue to have effect as an order for the removal
from Kenya of that person whenever he is found in Kenya, and may be
enforced accordingly; but nothing in this subsection shall prevent the
prosecution for an offence under this Act or any other written law of any
person who returns to Kenya in contravention of such an order.
(8) Where a person is brought before a court as being unlawfully
present in Kenya, and the court is informed that an application to the
Minister for an order under this section has been made or is about to
be made, the court may order that such person be detained in prison or
in police custody for a period not exceeding fourteen days, pending a
decision by the Minister.
9. (1) The master of a ship, the captain of an aircraft, the guard of Duties and liabilities
a train or the person in charge of a vehicle arriving from or leaving for of carriers.
any place outside Kenya, or the owner of or agent for the ship, aircraft,
train or vehicle, shall, if so required by an immigration officer, furnish a
list in duplicate, signed by himself or by some person authorized to sign
it on his behalf, of the names of all persons in the ship, aircraft, train or
vehicle, and such other information as may be prescribed.
(2) The master of a ship, the captain of an aircraft or the guard
of a train about to call at any port or place outside Kenya, shall, if so
required by an immigration officer, take into his custody any person
in respect of whom an order has been made under section 8, or any
person to whom section 12 (2) applies, and, on due payment, afford
that person a passage to that port or place, and proper accommodation
and maintenance during that passage.
(3) Where any person who is conveyed to Kenya in a ship or
aircraft is refused permission to enter Kenya on the ground that he is a
prohibited immigrant–
(a) the master of the ship or the captain of the aircraft shall, if
so required by an immigration officer, take that person into
his custody and secure that he is removed from Kenya;
(b) the master, the owner and the agent in Kenya of the ship, or
the captain, the owner and the agent in Kenya of the aircraft,
shall be jointly and severally liable to pay to the Government
all expenses incurred by the Government in respect of the
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