By Purity Ngigi – Sundays 

A Kenyan citizen, a permanent resident or a valid permit holder (“the Applicant”) who intends to live in Kenya over a long period of time may make an application to the Kenyan immigration officer on behalf of their spouse, child or disabled adult living under their care (“the Dependant”) so that the Dependant is legally allowed to live with the person in the country.

A Dependant is an individual who has little or no income or is otherwise unable to take care of themselves because of age, medical condition or lack of income. The Dependant is thus reliant on the Applicant for maintenance during the duration of their stay in Kenya.

When making an application for a Dependant’s pass, the Applicant needs to prove that he/she has sufficient income to support the Dependant for the duration of stay in the country. The Applicant must also provide proof of his/her relationship with the Dependant by the presentation of a birth certificate, a marriage certificate or a death certificate. In case the Dependant has a disability due to a medical condition, the Applicant may produce a medical certificate as proof of incapacity.

The Director of Immigration shall upon receipt of the Applicant’s application issue the Dependant with a pass (“Dependant’s Pass”) upon being satisfied that the Dependant is reliant on the Applicant and that the Applicant has sufficient income to support their livelihood while in Kenya.

The Dependant’s Pass allows the Dependant to enter and live in Kenya for the duration the pass remains valid. The pass may, however, be revoked or become invalid in the event that:

• the Dependant ceases to depend on the Applicant;
• the Applicant has failed or is otherwise unable to continue maintaining the Dependant;
• the Applicant leaves the country in circumstances that raise a reasonable presumption that his/her absence may not be temporary;
• the Dependant gets employment or an income-generating activity;
• the Applicant dies, loses his/her permanent residence or his/her legal validity to remain in Kenya; and
• where the dependant being a child, attains 21 years of age.

Where a Dependant’s Pass is declared invalid or revoked, the Dependant is required to make an application to acquire a valid permit or exit the country until he/she has acquired a valid permit or pass.