The International Conference on Migration in Africa (ICMA) hosted by the Scalabrini Institute for Human Mobility in Africa (SIHMA) and the Institute for Social Development at UWC, on 3 December 2014 brought together local, African and international scholars, academics, researchers, practitioners, professionals, policy makers and NGO representatives and funding bodies to discuss issues relating to human mobility in Africa. The topics included south-south migration, the nexus between migration and development, irregular migration and reintegration of returnee migrants.

1. IRREGULAR
MIGRATION IN
KENYA
Dr. Linda A. Oucho
International Migration in Africa
Conference
Scalabrini Institute of Human
Mobility in Africa (SIHMA)
3 December 2014
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2. CONTENTS
Purpose
Background of irregular migration in Kenya
Who are the irregular migrants
Mode of Entry
Migration Policies
Challenges of Policy and Practice
Media and Irregular Migration
What can be done?
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3. PURPOSE
The purpose of this presentation is to:
• provide an overview of irregular migration in Kenya;
• outline the current policies and practices that have been
developed by the government to handle irregular migration;
• explores the effectiveness as well as efficiency of the policies in
managing irregular migration in Kenya; and
• Discuss how the media has represented irregular migration in
Kenya.
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4. BACKGROUND:
IRREGULAR MIGRATION IN KENYA
 Irregular migration (clandestine/ illegal/undocumented migrant or migrant in
an irregular situation) refers to someone who, owing to illegal entry; expiry of
his or her visa; lacks legal status in a transit or host country; Infringe a
country’s admission rules; and any other person not authorized to remain in
the host country (RMMS, 2013:6). Also includes smuggled, trafficked
persons and rejected asylum seekers (Opiyo, 2014);
 Irregular migration  response to some of the events taking place in
neighbouring countries and beyond. Some people choose to move because
the conditions in their country are not conducive to them or do not meet their
expected standards. (e.g. to access goods, services, needs and/or lifestyles
that are otherwise unavailable in their country of origin);
 Those that have the resources have an opportunity to migrate legally
whereas those that lack the resources use other means (e.g. smuggling ,
which may result to trafficking; or moving to a country and operate as an
irregular migrant). Smugglers take advantage of the corrupt environment to
meet the needs of its clientele.
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5. WHERE ARE IRREGULAR MIGRANT'S FROM?
 South Sudan/ Sudan: Civil conflict in the country led to influx of migrants (asylum
seekers/ refugees and irregular migrants);
 Democratic Republic of Congo
 Conflict in DRC in the past and recently has led to a surge of irregular migrants from Congo via
Uganda. There are some reports indicating that the number of Congolese is high but the few that
have been reported have been refugees/ asylum seekers. Others are living under the radar
 Ethiopia
 Negative conditions in the country (e.g. poverty) pushed some nationals to migrate to Kenya either
on transit or as the destination. Most are smuggled or trafficked. Kenya and Ethiopia have signed
a bilateral agreement that allows visa-free migration
 Somalia
 Environmental/climate change affect pastoralists are the border between Somalia and Kenya;
 Conflict and Civil War in the country led to a large number of people fleeing the insecurity in the
country. Those seeking refuge in Kenya end off in the Camps (Dadaab and Kakuma), but others
enter Kenya without the intention of seeking refuge but with the intention of settling;
 Kenya-Somali ethnic group exist in Kenya and may also include irregular Somalis. Corruption may
have led many to acquire Kenyan IDs but recently there are reports that the vigilant approach
used by the Kenyan government has led to Kenyan-Somalis to not receive an ID despite being
citizens by birth.
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6. WHERE ARE IRREGULAR MIGRANT'S FROM?
 Eritreans
 The negative economic, political conditions in the country have led many to seek opportunities
outside the country. Most have used Kenya as a transit country to access other African countries
but also countries in Europe.
 Majority of those that go to Europe are smuggled through North Africa
 East African Community (EAC Members)
 Despite being members of the EAC, nationals of Uganda, Tanzania, Rwanda and Burundi can
become irregular migrants if they do not obtain the permission to be in the country simply by
crossing the border, There are reports of Ugandans been deported.
 Those who are seeking employment opportunities, will need to meet the requirements for work
permit holders as outlined in the Free Movement of Persons Protocol (EAC).
 Non-African Nationals
 Reports of Pakistani and Indian nationals residing in Kenya illegally;
 Women been trafficked to Kenya to work in brothels (KMMTF)
 Most access the country with the needed paper work but later on go under the radar
 Reports of nationals from the West being irregular in Kenya have emerge but their nationalities
are unknown.
 Not known why they become irregular in Kenya  need for research
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7. (ICMPD,
2008:46)
Map of Kenya
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8. MODE OF ENTRY
 Air
 Those transiting Kenya bound for other destinations in the Middle East, Southern Africa or
Europe. Other migrants destined for Kenya from further countries in Africa an beyond, enter
under a legal status and may breach the conditions of their by staying beyond the allowed
time
 Land
 Porous borders which are unmanned (e.g. Moyale, Sio Port) or through borders where they
enter with a legal status but do not return to their country of origin becoming irregular in
Kenya. Ethiopians access Kenya through the north and porous borders usually guided by a
smuggler. Kenya may not be their final destination.
 Sea/ Lake
 Areas in western Kenya bordering with Uganda on Lake Victoria have reported some
evidence of people accessing Kenya through the Lake.
 Due to lack of resources, the border officials are unable to record the number of migrants
accessing Kenya through the lake. Others enter through points such as Mombasa and Lamu.
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9. CURRENT MIGRATION RELATED
POLICIES  The Kenya Citizenship and Immigration Act No. 12 (2011),
 addresses all matters of migration and citizenship, in line with the new Constitution and
ratified international conventions. Part VI concerning immigration control outlines prohibited
immigrants and inadmissible persons. The focus is on:
 Human trafficking and smuggling, those that have a criminal offence (e.g. committed war crimes in
country of origin, involved in human/arms smuggling/ trafficking) or intention to commit a criminal
offence (e.g. terrorism), is a security threat to the country or any other state, those engaged in terrorist
acts, person seeking to enter Kenya illegally;
 Inadmissible migrants include family members of irregular immigrants and rejected asylum seekers;
and
 Outlines the laws related to removal of immigrants found to be illegally present in the country.
 Kenya Citizens and Foreign Nationals Management Service (No.31, 2011)
 Maintenance of national population register and administration of laws related to birth and
deaths, identification, immigration, refugees. Unclear about irregular immigrants
 The Counter-Trafficking in Persons Act (2010) indicates that:
 ‘a victim of trafficking in persons shall not be criminally liable for any offence related to being
in Kenya illegally or for any criminal act that was a direct result of being trafficked’.
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10. HOW PRACTICAL ARE THE POLICIES?
 Legal guidelines are available on migration in general, but there is lack of
understanding of irregular migration and how it should be handled by the law;
 Irregular migrants in Kenya linked mostly to human trafficking and smuggling
(e.g. Ethiopian and Eritreans);
 Lack of data and information on the scale of irregular migration in Kenya.
Unconfirmed reports indicate its high;
 Lack of implementation of the current laws remains a low priority to the
government (ICMPD, 2008);
 Lack of resources to manage irregular migration. Porous borders allow
access to irregular migrants.
 When law is enforced there has been some evidence of human rights abuses
which may be linked to the inadequate training available for police
/enforcement officers;
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11. CHALLENGES MANAGING IRREGULAR
MIGRATION IN KENYA
Human rights abuses of irregular migrants have been reported
by agencies such as Human Rights Watch and UNHCR of
refugees that have refugee status.
 Operation Usaalma Watch activity introduced in response to the insecurity in the
country at the time and also after the issuing of the Government Directive for all
urban refugees to return to the camps (March 2014) and. It led to…
 Stop and search activities conducted by the Police and GSU requesting ID for all those
stopped. Those without ID were arrested and detained at Kasarani Stadium;
 The arrest of persons without the relevant paper work to be resident in Kenya; and
 Reported inhuman treatment of persons at the stadium reported by Human Rights Watch
and other agencies
 e.g. overcrowded prison cells meant for 20 people housed almost 100 people;
unsanitary prisons
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12. THE MEDIA AND IRREGULAR
MIGRATION
 International Media Headlines
 ‘Kenya: Over 600 Arrested in Illegal Immigrants Swoop’ April 05, 2014, All Africa,
 Kenya Deports Somalis, Arrest Hundreds in Crackdown after Attacks, April 09, 2014, Voice
of America
 ‘Kenya Arrests Ethiopian Immigrants, Traffickers’ , March, 25
 Local Media Headlines
 ‘Somalia Backs Deportation of Illegal Immigrants’ , April 12, 2014, Standard Media
 ‘Kenya: Halt Crackdown on Somalis’ , April 11, 2014, Human Rights Watch
 ‘Kenya to deport 225 illegal immigrant’, April 17, 2014, The East African
 ‘How cartel lets illegal immigrants into the country’ April, 22 2014, Daily Nation
 ‘Scores arrested in Nakuru security swoop’, December 01, 2014 Standard Media
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13. THE MEDIA AND IRREGULAR
MIGRATION
 Media has the power to influence ideas, thoughts and
perceptions and the local media houses in Kenya gives
impression that:
 Irregular migration is linked to human trafficking and smuggling;
 Majority of the irregular migrants that are deemed a threat are Somalis creating a
sense of fear and possibly xenophobia especially after Westgate Attack and recent
attack in Mandera;
 The increased need to protect Kenya and its nationals from the negative impact
irregular migration may have on the country (e.g. Drugs,/ arms trafficking);
 Focus is on the number arrests and deportation but no indication on estimated
numbers in Kenya or efforts been made by the government to determine the
numbers of irregular migration in Kenya;
 Reports on enforcement by police and other law enforcement officers, but no
indication on policy development
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14. WHAT CAN BE DONE?
 Need to do research/ baseline study (e.g. survey) to be able to get an idea of
the problem before conducting a larger scale research on the topic
 Challenge: the clandestine nature of this migration makes it difficult to investigate
as has high risks
 Review of current migration policies to identify the policy needs. Can be done
by interacting with organisations and agencies that may have engaged in this
topic to be able to provide a way forward to handle this issue
 A committee should be set up by the Government of Kenya with experts from
agencies that will allow them to interact and engage on the best mechanism to
handle irregular migration. This will also allow key representatives of
ministries to also provide their input and perspective on the matter including
policy development;
 Need for the government to improve border management at the porous
borders and provide adequate training of enforcement officers to ensure
irregular migrants are handled appropriately.
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