High Court judge Justice Bahati Mwamuye has dealt a major blow to the Kenya Kwanza government after issuing conservatory orders halting the implementation of the Immigration (Amendment) Regulations 2023, which introduced the Electronic Travel Authorisation (eTA) system that required visitors to Kenya to pay $30.
''Pending the inter parties hearing and determination of the petitioner's Motion Application, a conservatory order be and is hereby issued staying the implementation or further implementation or the further application and enforcement of the Kenya Citizenship and Immigration (Amendment) Regulations, 2023,'' the ruling read in part.
The court’s intervention follows petitions challenging the legality of the amendments, with opponents citing concerns over transparency and due process.
The Immigration (Amendment) Regulations 2023 introduced the eTA system, which introduced significant changes, including stricter requirements for citizenship applications, expanded definitions of foreign nationals, and new visa-free entry protocols.
eTA system was introduced as part of Kenya’s visa-free entry policy, following a directive by President William Ruto citing security and identification measures. eTA requires travellers to pay a fee before entering Kenya, with the government terming it a security matter rather than a tax collection tool.
In the ruling, Justice Mwamuye also stopped access, withdrawal, and transferring any funds collected or accrued under or from the ETA framework.
Following the conservatory orders, the department has been stopped from directly or indirectly paying their agents, servants, employees, or associated entities with monies accrued from or under the eTA framework and the impugned Public Private Partnership.
Other regulations under the amendments include Advance Passenger Information (API), where airlines must provide detailed passenger data before arrival.
Those applying for citizenship under the regulations must also provide a statutory declaration affirming they have not pledged allegiance to a foreign state or served in foreign military forces engaged in hostilities against Kenya.
The judge has ordered all the 11 respondents in the case, including Interior CS Kipchimba Murkomen, the office of the Attorney General, and the Director of Immigration & Registration of Persons, to provide all information, documents, financial records, legal opinions, correspondence, and material on the regulations to the court before the next hearing.
The conservatory orders will serve until June 25, when the court will hear the case.
''The motion will be mentioned on June 25 to confirm compliance and to take either a date for highlighting written submissions in respect of the application or to take a Ruling Date/ Judgment Date,'' the judge concluded.
