The Jomo Kenyatta International Airport Law Courts (JKIA Law Courts) have fined a Somali national Sh370,000 after he pleaded guilty to charges related to illegally staying in Kenya and fraudulently obtaining a Kenyan identity card and passport.
The ruling followed an in-depth investigation by detectives from Kenya’s Directorate of Criminal Investigations (DCI), who took over the case from immigration officials at JKIA.
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According to the DCI, the investigation established that the accused initially obtained Kenyan identity documents using false information and later secured a Kenyan passport by providing misleading details.
The accused pleaded guilty to all three charges brought against him. He was fined Sh150,000 for unlawful presence in Kenya, Sh150,000 for the forgery used to obtain the Kenyan passport, and Sh70,000 for intentionally using an identity card containing false information to deceive people.
The court ruled that he would be jailed if he failed to pay the fines and further ordered that he be deported to Somalia after completing payment of the fines.
In addition, the court ordered that the fraudulently obtained Kenyan passport be handed over to the Director General of Immigration Services for destruction.
The case highlights Kenya’s strict immigration enforcement measures, which require foreigners to meet the country’s lawful entry requirements and prohibit the acquisition of identity and travel documents using misleading information.
Somalia has been explicitly excluded from Kenya’s visa-free policy for citizens of African countries.
Holders of Somali passports remain subject to immigration procedures and must obtain a visa or an Electronic Travel Authorisation (eTA), with their applications falling under the referred-visa category, which requires approval directly from the Director of Immigration Services.
However, Somali citizenship does not prevent a person from legally acquiring Kenyan citizenship.
Foreign nationals, including Somalis, may legally apply for Kenyan citizenship if they meet the requirements set out in the Constitution and the Kenya Citizenship and Immigration Act.
An adult foreign national who has lawfully and continuously lived in Kenya for at least seven years is eligible to apply for registration as a citizen of the country.
The law also provides for applications by foreigners who have been married to Kenyan citizens for at least seven years, provided they meet all other legal requirements.
The DCI said it remains committed to protecting the security and integrity of Kenya’s identity and travel documents, working with relevant agencies to track down and prosecute anyone who attempts to circumvent the law using forged documents.
