Enforcement of Kenya Immigration Laws: a case of the Directorate of Immigration Services

Abstract

This study aimed to examine how effectively the Directorate of Immigration Services (DIS) enforces Kenya immigration laws, especially those related to post-entry and residence of foreign nationals in Kenya. The study had three objectives: to identify noncompliant incidences encountered by the DIS in enforcing Kenya immigration laws; to examine methods of enforcement used by the DIS Services to ensure compliance with Kenya immigration laws, and to identify challenges faced by the DIS in enforcing Kenya immigration laws. The study adopted a case study research design. The researcher employed both primary and secondary sources of data. Collection of primary data was through questionnaires administered to immigration officers while secondary data were collected from review of records in the Investigation and Prosecution Section at the DIS for the period, January, 2018 to December, 2019. Target population involved 15 immigration officers at the DIS, Investigation and Prosecution Section. The researcher opted for a census. Data were analyzed quantitatively by use of Microsoft Excel and presented using tables and figures. The response rate was 93%. The research found that most of the noncompliance incidences to immigration laws are related to document forgeries, illegal entry, overstay and engaging in employment without authority. The study also found that the DIS uses various methods to enforce Kenya immigration laws. Such methods include arrests, prosecution, detention, repatriation, deportation, administrative removals and watch listing. The study found that the DIS encounters various challenges in the enforcement of Kenya immigration laws. Such challenges are low staffing levels, inadequate holding/detention facilities, high cost of enforcing removals, lack of modern and appropriate technology, shortage of functional vehicles for use, inadequate cooperation and coordination with other government agencies, delays in enforcement action taken against suspected noncompliance and lack of independence in decision making resulting from interference from senior government officials within and/or without the Directorate of Immigration Services. In order to address the challenges encountered in the effective enforcement of immigration laws, the study proposes recommendations for policy makers and practitioners. For policy, the study recommends use of appropriate technology in post-entry surveillance of foreign nationals, creation of interior management committees to coordinate interior enforcement of immigration laws and increase in funding to cater for recruitment of more enforcement officials, purchase of vehicles and the identification, and prompt removal, of undesirable persons from Kenya. For practice, the study recommends emphasis on the perennial noncompliance incidences for deterrence, and continuous research and training to build the capacity of immigration officers. The limitations of this study concern methodology and context. On methodology the study did not involve top management in the target population, and probably their views could have had some effect on the findings. On context, the study was carried out at the DIS, Headquarters, Kenya, and therefore the findings could not be generalized to other similar contexts within and outside Kenya. Suggestions for further studies are therefore recommended on replications through different methodology and contexts.