34
[Subsidiary]
CAP. 172
Immigration
[Rev. 2010
Provided that an immigration officer may accept one composite bond
in respect of any number of persons so long as the amount of the security
provided by such bond does not exceed one hundred thousand shillings in
respect of each person.
(2) Regulation 32 (2) shall apply mutatis mutandis in respect of any
security provided under this regulation.
(3) Every security bond shall be in Form 19 in the First Schedule and
shall be and remain enforceable until such time as an immigration officer is
satisfied that–
(a) the person in respect of whom the security was given and his
wife, children and other dependants, if any, have left Kenya
permanently; or
(b) the person in respect of whom the security was given and his wife,
children and other dependants, if any, are all dead; or
(c) retention of the security is for any other reason no longer
necessary.
L.N. 238/1985.
34. (1) Where any employer enters or intends to enter into contracts for
the employment within Kenya of persons in respect of whom applications will
be made under the Act for the appropriate entry permits and in respect of whose
wives, children and other dependants, applications will be made for dependants
passes, an immigration officer may, in lieu of a deposit or security bond in respect
of each employee and his wife, children and other dependants, if any, permit
the employer to enter into a covenant to provide general security in respect of
all such employees and their wives, children and other dependants, if any, in a
sum not exceeding fifteen thousand shillings in respect of each individual.
(3) Every general security covenant shall be in Form 20 in the First
Schedule.
35. Where security has been provided under regulation 32, regulation
33, or regulation 34 whether by way of deposit, security bond or general
security covenant, an immigration officer may at any time accept a security of
an alternative nature.
36. (1) Any magistrate, on being satisfied that the security given under
any security bond or general security covenant under regulation 33 or regulation
34 has been forfeited, may, on application being made to him in that behalf by
an immigration officer, issue a warrant for the attachment and sale of the
movable property belonging to any person(or his estate, if such person died
after the security was forfeited) bound by such security to pay the sum specified
in the bond or covenant.
Cap. 75.
(2) Any warrant issued under this regulation shall be executed in the
manner provided under subsections (2), (3) and (4) of section 131 of the Criminal
Procedure Code and for the purpose of this regulation any reference to penalty
in the said subsections (3) and (4) shall be construed as a reference to the sum
payable under the bond or covenant.
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