Rev. 2010]
Immigration
CAP. 172
Kenya, and thereafter the owner, person in charge or agents may take such steps
as may be reasonable to ensure that the prohibited immigrant complies with the
terms of the notice served on him.
33
[Subsidiary]
31. (1) Any magistrate, on being satisfied that any expenses have
been or will be incurred by the Government in connexion with the detention,
maintenance, medical treatment or removal from Kenya of any person under the
Act and of his wife, children and other dependants, if any, may, on application
being made in that behalf by an immigration officer, issue a warrant for the
levy of the amount by distress and sale of any movable property belonging to
such person.
.
(2) Any warrant issued under this regulation may be executed in the same
manner as a warrant for the levy of the amount of a fine under section 334 of
the Criminal Procedure Code.
Cap. 75.
(3) The partial recovery of expenses under this regulation shall not
prejudice the liability of any surety for the balance, nor shall the issue or
execution of a warrant under this regulation be a condition precedent to the
liability of a surety.
Part VIII–Security
32. (1) As a condition precedent to the issue of every entry permit or pass L.N. 238/1985,
an immigration officer may, in his discretion, require a sum not exceeding one L.N. 71/1999.
hundred thousand shillings to be deposited with him in respect of each entry
permit or pass.
(2) Every deposit may, if necessary, be used to defray any expenses
incurred or likely to be incurred by the Government in connexion with the
detention, maintenance, medical treatment or removal from Kenya of the person
in respect of whom the entry permit or pass was issued and of his wife, children
and other dependants, if any.
(3) Every deposit shall, if not used as authorized by paragraph (2), be
refunded to the depositor if an immigration officer is satisfied that–
(a) the person in respect of whom the deposit was made and his wife
and children and other dependants, if any, have left or are leaving
Kenya permanently; or
(b) the person in respect of whom the deposit was made and his wife,
children and other dependants, if any, are all dead; or
(c) retention of the deposit is for any other reason no longer
necessary.
33. (1) An immigration officer, in lieu of requiring a deposit under L.N. 238/1985,
regulation 32, permit the applicant for an entry permit or pass or some other L.N. 71/1999.
person on his behalf, to enter into a bond to provide security, with or without
sureties, in a sum not exceeding one hundred thousand shillings in respect of
each entry permit or pass.
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