6 CAP. 172 Immigration [Rev. 2010 (2) Subject to this section, the presence in Kenya of any person who is not a citizen of Kenya shall, unless otherwise authorized under this Act, be unlawful, unless that person is in possession of a valid entry permit or a valid pass. (3) This section shall not apply to– (a) the accredited representative to Kenya of the government of any Commonwealth country, and the wife and any child of that representative; (b) the accredited envoy to Kenya of a foreign sovereign State, and the wife and any child of that envoy; Cap. 179. (c) a person upon whom the immunities and privileges set out in Part II of the Fourth Schedule to the Privileges and Immunities Act have been conferred under that Act, and the wife and any child of that person; (d) a person upon whom the immunities and privileges set out in Part III of the Fourth Schedule to the Privileges and Immunities Act have been conferred under that Act, and the wife and any child of that person; (e) the accredited diplomatic or consular staff of the persons referred to in paragraphs (a) and (b), and the wives and any children of the accredited diplomatic or consular staff; (f) the official staff of the persons referred to in paragraphs (a) and (b), and the wives and any children of the official staff; (g) the domestic staff of the persons referred to in paragraphs (a), (b) and (c), and the wives and any children of the domestic staff; (h) any person, or class or description of persons, exempted by the Minister from the provisions of this section by notice in the Gazette. (4) Where any person ceases to be a person to whom subsection (3) refers, then, after the expiration of such reasonable period following that cessation as an immigration officer may in his discretion allow for the departure of that person from Kenya, his presence in Kenya shall, unless otherwise authorized under this Act, be unlawful.

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