Establishment of the department
Directorate of Immigration Services is an institution established through the Executive Order Number 2 of 2023, which outlines organization of the Government of the Republic of Kenya. The Directorate is in the State Department for Immigration and Citizen Services under the Ministry of Interior and National Administration. The Directorate draws its mandate from the Constitution of Kenya, 2010; Kenya Citizens and Foreign Nationals Management Service, 2011; Kenya Citizenship and Immigration Act, 2011; Kenya Citizenship and Immigration Regulations, 2012; among other relevant laws and administrative instructions.
Prior to 1906 the territory of Kenya did not have Immigration laws, movement into and out of the territory was governed by administrative procedures by the British Administrators. Completion of the Kenya-Uganda Railway (KUR) led to influx of foreigners especially from the Indian sub-continent leading to the first legislation – Immigration Restriction Ordinance in 1906. This was meant to control and regulate the movement of foreigners into the colony. The Immigration Restriction Ordinance of 1906 was followed by other Ordinances in 1940, 1944, 1948, and 1956.
The August 1948 ordinance was broad based and became the foundation of Immigration laws. This ordinance was revised in 1962, and 1964 and was renamed Kenya Immigration Act. Further, the act was revised again in 1967 and became the Kenya Immigration Act of 1967, Cap 172 Laws of Kenya which came into force on December 1967.
In order to implement Chapter Three of the Constitution of Kenya 2010, the Kenya Citizenship Act, Cap 170, Kenya Immigration Act Cap 172, and the Alien Restriction Act, Cap 173 were repealed by the enactment of Kenya Citizenship and Immigration Act, 2011.