Property Owners, Property Management Companies or any person or Organisation managing properties on behalf of the owner have a duty to verify and confirm that any Foreign Nationals residing at their accomodation or operating a Business at their premises have the relevant Work Permit or valid documents authorising them to be reside in Kenya Lawfully.
It is the duty of the person in charge of the property to make the relevant enquries with the Department of Immigration to confirm that the documents provided are valid.
7.1 OBLIGATION TO ACCOMMODATION/ BUSINESS PREMISES
Under Section 47(1) of the Kenya Immigration and Citizenship Act 2011, any person or business offering accommodation or business premises to foreign nationals must obtain documentation pertaining to their eligibility to be in Kenya legally.
It is mandatory for all individuals and business owners prior to offering accommodation or business premises must obtain the foreign nationals immigration records.
Where an illegal foreign national is found on any premises, it shall be presumed that such illegal person was harbored by the person who has control over such premises.
7.2 PENALTY
If convicted of the offence, the person will be liable to a ne not exceeding Ksh 500,000 or to imprisonment for a term not exceeding 3 years or both.
In addition, to the fine and imprisonment the person will be liable to meet the cost incurred when maintaining the illegal immigrant and their subsequent removal costs.