African Immigration Policies: the Case of Kenya, 1906-2000
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AFRICAN IMMIGRATION POLICIES: THE CASE OF KENYA, 1906-2000. BY OPON DAN ODHIAMBO A THESIS SUBMITTED IN PARTIAL FULFILLMENT OF THE REQUIREMENT FOR THE DEGREE OF MASTER OF ARTS IN INTERNATIONAL RELATIONS, DEPARTMENT OF POLITICAL SCIENCE & PUBLIC ADMINISTRATION, FACULTY OF ARTS, UNIVERSITY OF NAIROBI University of NAIROBI Library ■0369880 H im 0 JULY, 2003 DECLARATION This thesis is my own original work and has not been presented for a degree in any other University. SIGNED:' OPON DAN ODHIAMBO DATE (Candidate) This thesis has been submitted for examination with my approval as a University Supervisor. ^ / o ^ / o S DATE 11 DEDICATION To my late father, Charles Opon Ombewa and my mother, Rispa, for whom I feel greatly indebted for their commitment and moral support, and to all who have dedicated their lives to the service of others. i2 ***n rr ot iii ACKNOWLEDGEMENTS The efforts of many people contributed in one way or another to the successful completion of this work. I acknowledge with sincere gratitude, the Department of Political Science and Public Administration through which the Sasakawa Peace Foundation channeled Scholarship for this study. The support I received from the former chairman, Professor Nick G. Wanjohi and the current chairman, Dr. Peter O. Wanyande contributed immensely to the success of this work. My supervisor, and former undergraduate lecturer, Dr. S.W. Rohio did a superb job in providing academic insight into this policy-oriented thesis. He was more than prompt in reading this work and offered every logical criticism and was quick to suggest positive way forward. Despite the fact that the progress of this thesis was greatly hampered by lack of adequate secondary and primary data, Dr. Rohio kept on encouraging me to go in-depth in search for missing data until I got them. He provided hope when mine was already waning and kept on asking when this work would complete. In him I have learnt the virtues of endurance, dedication and a will to succeed, from his constant scholarly and fatherly advice and unfailing encouragement. Special to the revived and eventual completion of this work are my current seniors, the Head of Immigration Department, Mr. Henry T. Ole Ndiema, his deputies, Major (Rtd) Madam P.N. Ikua and Mr. Peter Kafwihi. Their decision to nominate me and to source scholarship for my post-Graduate Diploma in International Relations at the Institute of Diplomacy and International Studies (IDIS), University of Nairobi, contributed significantly to the success of this work. It was during my one-year study leave that I was able to collect and analyse the data necessary for the completion of this thesis. This study was a IV vital catalyst to my efforts in academic pursuit bearing in mind that this work is the first of its kind and directly concerns policies of the Immigration Department. Many thanks go to the entire immigration staff who offered valuable input as far as data and advice were concerned, particularly from my Immigration colleague C. Kimaru who just completed his thesis recently from the Department of History, University of Nairobi. Deserving special mention is my Immigration Colleagues, Messrs: Mr. Charles Musili, Fredrick M. Baya, Cyrus M. Omooria,Simon Ole-Meeli and Paul Mboya with whom I criss-crossed the city of Nairobi working as Immigration investigators and in the process obtaining valuable data relevant to this work. The success of field data was simplified by head of my data collection unit, Mr. Joseph Otieno Ikawa (Babu) and Stephen O. Ojwang' who obtained relevant information and material from the Archives, the foreign missions in Kenya as well as international organizations. I wish to mention my colleague, Daniel C. Tanui of Ministry Foreign Affairs, and International cooperation for his inputs in Kenya Foreign Policy material from the Ministry's Library, Elizabeth Nzomo for her data on visa fees charged by Embassies and High Commissions in Kenya. Space may not allow me to thank everyone individually but I must thank Professor J.B. Ojwang', Dr. Philip Odinga Nying'uro, Mr. G. Ikiara, Professor A.B.C. Ocholla-Ayayo, George Gona and Professor J.D. Olewe-Nyunya who kept reminding me that in academics, one makes oneself. Were it not for the efforts of Mrs. Agnes Andollo-Olulo of Population Studies and Research Institute, typing, arrangement and printing of this work would not have been a success. My friend, Mr. Okeyo-Obosi, contributed a great deal not only in terms of encouragement but also in thesis design and format. To My wife, Everlyn, I have special thanks for her unfailing endurance, understanding, perseverance and moral support during the long period of loneliness she had to undergo when I was away from her to give special attention to this noble cause. There may be many who played significant roles in one way or another to the success of this work but I wish to mention that I am solely responsible for any commissions, omissions as well as all views and opinions expressed in this work. VI a b s t r a c t This study was undertaken to evaluate the relevance of colonial immigration policies in the post-independent Kenya. The work set out to achieve three objectives. Firstly, the discussion of the functions of the immigration department.Secondly,assessment of whether or not continuation of most colonial immigration policies serves the best national interest of Kenya.Thirdly, to examine the social,economic,and political impact of immigration in the post-colonial Kenya. Most existing relevant literature were reviewed and raw data in form of personal interview were collected from sample of about 150 respondents. Such data were analysed both by use of content and table statistics techniques. ' S. < The study came out with the following findings. Firstly, the current Kenya Immigration functions and structure are a replica of the pre-independence immigration ordinances, which do not sufficiently serve the contemporary government, and the consumers of immigration services. Secondly, the continuation of the colonial immigration policies is not in the best national interest of Kenya. Thirdly, the visa policy, the passport regulations and the citizenship legislations reflect negative economic, social and political impacts in the post-colonial Kenya. Based on the findings, the study made cogent recommendations to the academic fraternity, to the policy apparatus of organizations and to the general public. VII LIST OF ABBREVIATIONS ABEDA Arab Bank for Economic Development in Africa ADB African Development Bank AIO Assistant Immigration Officer APIO Assistant Principal Immigration Officer CAP Chapter CGFNS Commission on Graduate of Foreign Nursing School CIN Certificate of Identity and Nationality CO Clerical Officer COMESA Common Market for Eastern and Southern Africa DIS Danish Immigration Service DLCO Desert Locust Control Organization DPIO Deputy Principal Immigration Officer DRC Democratic Republic of Congo DSI Directorate of Security Intelligence EAC East Africa Community EEC European Economic Community EU European Union IBEACO Imperial British East Africa Company IBRD International Bank for Reconstruction and Development IDC Identity Card IDIS Institute of Diplomacy & International Studies IGAD Inter-Governmental Authority on Development IMF International Monetary Fund viii 10 International Organization 101 Immigration Officer One ION Immigration Officer Two IOIII Immigration Officer Three IRLCO International Red Locust Control Organization ISSJ International Social Science Journal KC Kenya Citizen KDP Kenya Dependant's Pass KEP Kenya Entry Permit KPP Kenya Pupil's Pass KREP Kenya Re-Entry Pass KSP Kenya special pass KVP Kenya Visitor's Pass MFA/IC Ministry of Foreign Affairs & International Cooperation OAU Organization of African Unity PIN Prohibited Immigrant Notice PIO Principal Immigration Officer PTA Preferential Trade Area RPF Rwandese Patriotic Front SAP 10 Senior Assistant Principal Immigration Officer SS Subordinate Staff TD To Effect Department TEP Temporary Employment Pass TP Temporary Permit UK United Kingdom IX United Nations Conventional Travel Document United Nations High Commissioner for Refugees United Nations Organization United States of America Union of the Soviet Socialist Republics World Bank TABLE OF CONTENTS DECLARATION........................................................................................................................ii DEDICATION....................................................................................................................... iii ACKNOWLEDGEMENTS................................................................................................... iv ABSTRACT............................................................................................................................ vii LIST OF ABBREVIATIONS.................................................................................................. viii TABLE OF CONTENTS....................................................................................................... xi LIST OF TABLES.................................................................................................................xvii LIST OF M AP....................................................................................................................... xvii CHAPTER ONE.................................................................................................................... 1 1.0 INTRODUCTION...................................................................... 1 1.1 STATEMENT