By Elainer Mogoa

The Kenya Citizenship and Immigration (Amendment)  Bill, 2021 (the “Bill”) was passed by the Senate on 11th January 2022. The Bill puts in place mechanisms to safeguard the welfare of Kenyans living abroad and ensure their active participation in the country’s socio-economic development. 

Kenyans living abroad contribute to the Gross Domestic Product in Kenya through foreign remittances. The Bill seeks to enhance these contributions while simultaneously tapping into the skills and expertise of Kenyans living abroad. 

The Bill describes a “Kenyan living abroad” as a citizen of Kenya who is domiciled in a country outside Kenya and a “returnee” as a Kenyan living abroad who is returning to reside permanently in Kenya.

The Bill mandates the cabinet secretary to:

• Develop and implement strategies for Kenyans living abroad to participate in the development process;
• Develop measures to enhance the safety and security of Kenyans living abroad; 
• Develop and implement mechanisms for engagement with Kenyans living abroad and; 
• Establish an administrative and institutional framework for coordinating matters relating to Kenyans living abroad. 

Kenyans living abroad will be able to access voluntary saving schemes.

The Bill gives Kenyans living abroad access to saving schemes. The cabinet secretary may develop policies and programmes offering incentives to invest in Kenya. He may also establish a database setting out information on programmes and projects in Kenya for investment by Kenyans living abroad.

The Bill also states that he may place measures to prevent fraudulent practices that hinder investment by Kenyans living abroad in Kenya. 

Kenyans living abroad can form an association. 

Kenyans abroad will be able to form associations. The Kenya missions shall keep and maintain an up-to-date register of all associations of Kenyans living abroad and collaborate with the relevant associations for the holding of events to mark a national day in Kenya.

Returnees to access government services 

Returnees will be able to access government services, including: 

1. updating any citizen information, including voter registration, National Social Security Fund and the National Health Insurance Fund; 
2. updating any documents relating to the education of that person; and 
3. access to other social services.

The Constitution requires the State to safeguard the welfare of all Kenyan citizens whether or not they are situated in Kenya. The Cabinet Secretary will provide accountability by submitting an annual report to Parliament on the implementation of policies relating to the management of welfare of Kenyans living abroad and returnees. The reporting will ensure that the State is aware of the challenges of its citizens abroad, but also Kenyans living abroad can collectively advocate for their needs.