10
CAP. 172
Immigration
[Rev. 2010
transport and maintenance of that person and his removal
from Kenya, and the amount of such expenses shall be a civil
debt recoverable summarily at the suit of the Minister.
(4) Any person who is taken into the custody of the master of a
ship, the captain of an aircraft or the guard of a train pursuant to this
section shall be deemed to be in lawful custody while he is in Kenya.
Administration, Offences and Legal Proceedings
Immigration officers.
10. (1) There shall be such number of immigration officers as
may be necessary for the purposes of this Act.
(2) In the performance of their functions under this Act,
immigration officers shall act in accordance with such instructions as
may be given by the Minister.
Powers of
immigration officers.
11. (1) For the purposes of any of his functions under this Act, an
immigration officer shall have power–
(a) to board, or enter, and search any ship, aircraft, train or
vehicle in Kenya;
(b) to require any person seeking to enter Kenya to answer any
question or to produce any document in his possession for
the purpose of ascertaining whether that person is or is not a
citizen of Kenya and, in the case of any person who is not a
citizen of Kenya, for the purpose of determining whether that
person should be permitted to enter Kenya under this Act;
(c) to require any person seeking to enter or leave Kenya to
produce to him a valid passport and any form of declaration
that may be prescribed;
(d) to require any person seeking to enter Kenya to submit to
examination by a medical practitioner.
(2) An immigration officer investigating any offence or suspected
offence under this Act shall have all the powers and immunities conferred
by law on a police officer for the purpose of the investigation.
Power of arrest and
search of persons.
Cap. 75.
12. (1) An immigration officer or a police officer who has
reasonable cause to suspect that a person has committed an offence
under this Act, or is unlawfully present in Kenya, may, if it appears
to him to be necessary to do so in order to secure that the purposes of
this Act shall not be defeated, arrest that person without warrant; and
sections 33 and 36 of the Criminal Procedure Code shall apply to that
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