Rev. 2010]
Immigration
CAP. 172
11
arrest as if the reference in section 33 of that Code to a police officer
included a reference to an immigration officer.
(2) A person other than a citizen of Kenya who, having been
ordered to be deported from any country, enters Kenya on his way to
his final destination, may be arrested without warrant by an immigration
officer or a police officer and may be detained in prison or in police
custody for so long as is necessary for arrangements to be made for
his departure from Kenya, and shall be deemed to be in lawful custody
while so detained.
(3) A person who is not a citizen of Kenya shall, on being required
to do so by an immigration officer or a police officer–
(a) declare whether or not he is carrying or conveying any
documents;
(b) produce to the officer any documents which he is carrying
or conveying;
and an immigration officer or a police officer may search that person,
and any baggage belonging to him or under his control, in order to
ascertain whether that person is carrying or conveying any documents,
and may examine, and may detain for such time as he thinks proper for
the purpose of examination, any documents produced to him or found
on the search.
(4) An immigration officer may by summons in writing require
any person other than a citizen of Kenya to attend at his office and to
furnish to that officer such information, documents and other particulars
as are necessary for the purposes of determining whether that person
should be permitted to remain in Kenya.
13. (1) A person who–
(a) makes, whether within or outside Kenya, a false declaration
or statement, which he knows or has reasonable cause to
believe to be false or misleading, for the purpose of obtaining
or assisting another person to obtain an entry permit, pass,
written authority, consent or approval under this Act; or
(b) knowingly misleads an immigration officer seeking
information material to the exercise of any of his powers
under this Act; or
(c) alters or wilfully defaces an entry permit, pass, written
authority, consent or approval, or a copy of an entry permit,
Offences.
4 of 1999, s. 53.
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