Requirements of Pass Application

1. A person who is lawfully in or entitled to enter Kenya, by virtue of—
(a) Being a citizen of Kenya
(b) Having been issued with a permit
(c) Being an exempted person
(d) Being a person to whom section 34(3) of the Act applies
(e) Being a permanent resident, may apply, on behalf of his or her dependant to an immigration officer, in Form 28 set out in the First Schedule, for a dependant’s pass.

2. An immigration officer shall not issue a dependant’s pass unless he or she is satisfied that—
(a) The person, on whose behalf the application is made, depends on the person making the application for his or her maintenance;
(b) the dependant is a spouse or child of the applicant or is by reason of age, disability or any incapacity unable to maintain himself adequately or for some other reason relies upon the applicant for his or her maintenance; and
(c) The applicant has an income sufficient to enable him or her to maintain and continue to maintain the dependant for the duration of the dependant’s stay in the country.

3. A dependant’s pass shall, subject to the terms and conditions specified therein, entitle the dependant in respect of whom it is issued to enter into Kenya within the period specified in the pass and to remain in Kenya during the validity of the pass.

Invalidation of a dependant pass

Where—

(a) the dependent has ceased to depend on the applicant;
(b) The person who applied for the dependants pass has failed or is unable to maintain the dependant
(c) The person who applied for the dependants pass has left Kenya in circumstances which raise a reasonable presumption that his or her absence will not be temporary;
(d) The dependant engages in employment or other income generating activity
(e) The permanent residence status of the applicant ceases
(f) The applicant dies
(g) The dependant was a child, the dependant attains the age of twenty one years, the dependant’s pass shall be deemed to have expired and shall be invalid.