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Immigration corruption

Last activity 20 March 2020 by BONVENTURE

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Richard ball

Hi, I thought I would share my experience of Kenyan immigration corruption which I experienced yesterday.                                             I have been living in Kenya for five years, I am married to a Kenyan and have four boys, all born here. I have the correct permits to live here and have always followed the laws.


At 10 am yesterday morning I heard a loud banging at the gate to my family home in Ngong, I opened the gate to be greeted  by immigration and police, they said they were checking all forigners in the area and needed to see my documents. I showed them everything they asked for and all was in order until they asked for my forigners Id, I explained my old Id has just expired and my new card had not been issued yet, with that the immigration officer became angry, telling me he could report me, I explained that I had applied in good time for my new card and can't do anything about the time it takes to issue a new one, with that the police were told to arrest me, I was pushed to the ground in front of my wife and  two small children, handcuffed and dragged to a pickup. Two other white men were in the pickup,all for not having a new I'd card we were taken to Ngong police station and put in this filthy cell.

After several hours two police officers and an immigration officer came into the cell and demanded we each pay 100k or we would be deported, my wife was already at the station and was able to raise the bribe and I was released.

This was a terrible experience , that has left me and my family living in fear, to be honest, we have discussed moving to Scotland, as we don't feel safe here.
Please be careful as I am sure many of you find new I'd cards can be slow to be issued and this could happen to anyone.

Longonot62

Thanks for posting this.

The corruption has evidently shifted from the similar amounts that used to be 'asked for' when applying for permits, to this, which is somewhat disturbing.  I also hope that in the presidents effort to stamp out corruption, that a xenophobia isn't emerging.

What is to prevent them from returning at any point while your new ID is pending?  Were you issued with a receipt to prove that it had been applied for?  Immigration used to issue this, due to the known length of time that ID cards took to be issued.

Life in the UK might not be so much fun for your wife - Brexit has been responsible for a resurgence of unpleasant racism.  Is your wife a dual national?  If not, then moving to the UK for her could well be a lengthy, extremely expensive process.

occamsrazor

Legally I think their threats are invalid... From everything I have read, I do not see any requirement under Kenyan law to HAVE an Alien ID card. The law stipulates that all foreigners resident within Kenya for a period exceeding 90 days BE REGISTERED. As you registered when you applied for the new Alien ID card.... you should be in compliance with the law. The card itself is just a convenient proof of that, but is not in itself the legal requirement.
You should have got a receipt for the Alien ID card application.... it is good to keep a copy of that for such circumstances.
Alien ID cards are printed by the NSSF printers I believe, and their card printer was not functioning for many months resulting in no cards getting printed during that time. This is not the first time that has happened. I don't know the current status.
All of that said.... I am not a lawyer nor expert on Kenyan laws. But then neither are the police and rule of law is pretty limited here.....
Sorry for your experience.... Kenya has become increasingly xenophobic toward foreigners of all sorts, and that xenophobia is being actively encouraged by the government.

mwaniki fraciah

Good Afternoon,
I greatly apologize for the experience and do hope that it never happens again. However, i wish you had refused to pay the bribe since now you have shown them that you are willing to do it, they might return when they are "hungry" again and ask for more. Please get a good lawyer who can be on standby if this happens again. This might save you more cash and if they don't allow you to call then your wife should be able to call him/her if it happens again (I REALLY HOPE IT won't THOUGH) Also it might help to show them your waiting card (issued after you apply for an alien card).

Further, as long as you have a permit, you are legally entitled to be in Kenya so you cannot be deported.
I hope you recover from the trauma soon.
Cheers

Longonot62

"However, i wish you had refused to pay the bribe since now you have shown them that you are willing to do it, they might return when they are "hungry" again and ask for more."

That would be my concern too.  Thinking about it, it was all made too easy for them.  The police and others have much more limited routes for bribery, so tactics such as these may become more common. 

It is all to easy to criticise the Kenya Police, but their pay and conditions aren't great and I bet they haven't got better now that corruption has been clamped down on - there are two sides to every coin.

It is my understanding that foreigners must carry ID, but doesn't specify that this must be the Foreigners Certificate.  I also found something that law enforcement officers have the right to detain you don't have ID and they have grounds to suspect that you are non Kenyan.  You can be held until the ID is produced.  Extrapolating this to the max, officers could try and argue that the only 'valid' ID is the Foreigners Certificate.

The Foreigners Certificate and the registration process are both part of the same process, so you cant register and not have the certificate (or interim document) to evidence that you have registered.  If you don't have the Foreigners Certificate AND can't locate the receipt, then I imaging this may give grounds for arrest.

It really is useful to know the law around immigration.  If you don't, get legal advice, as recommended above.

"Kenya has become increasingly xenophobic toward foreigners of all sorts, and that xenophobia is being actively encouraged by the government."

Just to comment on this; Kenya isn't any worse than many other countries and hardly a patch on what is happening in Britain at the moment.   It seems to be an international trend led by the developed world.  It is somewhat ironic that countries like to UK are clamping down hard on immigration, yet when Kenya does the same it's somehow less acceptable............just saying.   What is a shame is when corrupt officials decide to act on the back of this.

I think that Kenya is right to have tighter immigration laws.  Foreigners have got away with lax law enforcement and taking full advantage of the corrupt system for their own benefit for many years and of course the corruption aint criticised quite so much if the end result is that you can live in Kenya with little scrutiny. 

As for xenophobia, my Kenyan wife feels far more discriminated against in the UK, with a post referendum escalation, than I have ever felt when I am in Kenya

prettyb

Sorry for what has happened,not everyone is like that but i would request you to look for a lasting solution.otherwise they have found a cash cow and will not stop.Visit the immigration offices with your wife and i belief you will get some good advice.look for a genuine lawyer who  will be in a position to advice you the way forward.good luck

BONVENTURE

Sorry for the experience. It is illegal to harass anyone. Have a lawyer, feel free to contact me on immigration law.

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