BY SAM ALFAN.
A lobby group has written to Parliament to protest the intended phase-out of the office of the Director General of Immigration through the Huduma bill and has threatened to move to court if the proposals are ignored.
The Bill was tabled in Parliament by majority leader Amos Kimunya but Sheria mtaani na Shadrack Wambui says it is a threat to national security.
The Mathare based lobby group through lawyer Danstan Omari and Paul Macharia says the bill has consequential effects of occasioning major or minor changes over several statutes.
They include the interpretation and general provision Act (cap 2), the tax procedure Act (No.29 of 2015), the Kenya citizenship and immigration Act (No.12 of 2011), the refugee Act (No.16 of 2006), the National Hospital Insurance Act (No.9 of 1998), the election Act (No. 24 of 2011), the marriage Act 2015, the children’s Act (no 8 of 2001) and the traffic Act (cap 403).
Giving an example, Omari said that the Kenya citizenship and Immigration Act is meant to scrap the position of Director of Immigration which will affect services rendered by the department and bring corruption into the department.
“The intended scraping of the director general of immigration is a threat to the national security of this country since it will allow foreigners to come into the country the way they want, take jobs from Kenyans and will be the avenue for corruption by the Executive to collect money for campaigns,” stated Omari.
The memorandum says the bill proposes that section 2(1)(1)(b) be deleted the word ” Director” in the Kenya citizenship and Immigration Act (12 of 2011) and replace it with “principal secretary”.
He says the proposed changes have been made notwithstanding the fact the director general position is an office created by the Public Service Commission and approved by Salaries and Remuneration Commission (SRC), yet the changes have been made without stakeholder participation.
“The scope of immigration officer as provided for in the Kenya citizenship and Immigration Act (no 12 of 2011) goes beyond the national the national corporation registry and as thus it is miscalculation to place the immigration officer with the national integrated management system officer (NIIMS),” said Omari.
The lobby group further contends that the bill makes an assumption that the immigration officer functions only relate to issuance of passports.
The bill at Section 5 proposes to delete and substitute the position of immigration officers, a proposal that will impact negatively on the careers of immigration officers by taking away the gains made by the Kenya Citizenship and immigration Act (No12 of 2011) in professionalizing immigration practice in Kenya, the lobby said.
The lobby said the functions of immigration all over the world are viewed in the purview of national security.
“Immigration officers are therefore law enforcement officers. For instance, in the United Kingdom Terrorist Act 2000 designated counterterrorism officers as immigration officers,” argued the lobby group.
The Bill at section 65 proposes to establish a NIIMS coordination committee where the director general of immigration is not included despite the vital role he plays as the person in charge of citizenship and immigration matters.
“The proposed amendment to the Kenya citizenship and immigration act (no 12 of 2011) by the Huduma Bill 2021 to wit sections 2,4,5,65,71, tales away the gains made in the immigration services in attempt to produce rule by law instead of celebrated doctrine of the rule of law,” said the group.
The group proposed to Parliament to retain the office of the Directorate of Immigration as provided for in the Kenya citizenship and immigration Act and the position of the immigration officer instead of replacing them with NIIMS officers as their duties and responsibilities are distinctively provided for.
The lobby group further advises Parliament that the entire part “V” of the Huduma Bill be retained in the Kenya Citizenship and Immigration Act and be deleted in the Huduma Bill 2021.
