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"content": "(a)Mr. Abass Mohamed, holder of travel document No.0009315, was not deported from Kenya on 20th August, 2012. Instead, he was denied entry on 17th August, 2012 because he did not have the prerequisite referred visa. (b)The following are the procedures for a foreigner to be issued with an entry visa to Kenya:- (i) The Kenyan visa policy is guided by the Kenya Citizenship and Immigration Act, 2011 and the Kenya Citizenship and Immigration Regulations, 2012; (ii) The Fifth Schedule of the Kenya Citizenship and Immigration Regulations, 2012 documents the categories of visas; (iii) Category 1 enumerates the countries whose nationals do not require visas to enter Kenya. Category 2 lists countries whose nationals require visas to enter Kenya and who may be issued with the Kenyan visa upon arrival at the port of entry, while Category 3 nationals are required to apply for visas prior to arrival (Referred visas). (iv) Nationals whose countries fall under Category 3 submit their visa applications through Kenyan missions abroad or consulates for onward transmission to the Department of Immigration Services. (v) Requirements for visa application include, but are not restricted to the following: Visa application form, duly filled; passport (bio-data page) copy of the applicant; two passport size photographs of the applicant and a copy of the Identity Card of the host. (vi) Once received by the Department of Immigration Services, the application is processed and an authority letter addressed to the respective mission is scanned and e-mailed, while a hard copy of the same is forwarded to the Ministry of Foreign Affairs for transmission by diplomatic courier. (vii) If the application is approved, the visa issuing officer in the Kenyan mission endorses the applicant’s passport with a visa sticker which authorizes them to travel to Kenya within a particular timeframe. (viii) Possession of a Kenyan visa does not guarantee automatic entry into the country given that the final authority lies with the immigration officer at the port of entry. (ix) Upon arrival, the traveler is still subject to the normal bona fide checks. A person that fails the normal Kenyan entry criteria will, therefore, be denied entry. (b) The following informed the refusal of entry for Mr. Abbas Mohamed Athaman:- (i) The above mentioned is a stateless national holding Irish Travel Document No.0009315. (ii) Stateless nationals fall under Category 3 and are thus required to apply for a Kenyan visa prior to arrival (Referred Visa). (iii) Mr. Athaman applied for a Referred Visa on 3rd august, 2012 at the Kenyan Embassy in Dublin, Ireland. (iv) The visa application was forwarded to the Department of Immigration Services through the aforementioned process, that is the Diplomatic Bag, and was received on 22nd August, 2012. This was after he had already been returned at the airport."
}