Related documents
- Is amended by 24th Annual Supplement
- Is amended by Election Laws (Amendment) Act
- Is amended by Statute Law (Miscellaneous Amendments) Act, 2018
LAWS OF KENYA
REGISTRATION OF PERSONS ACT
CAP. 107
- Assented to on 26 December 1947
- Commenced on 16 May 1949
- [Amended by Missing ACT (Act No. 13 of 1951) on 1 January 1951]
- [Amended by Missing ACT (Act No. 39 of 1956) on 1 January 1956]
- [Amended by The Transfer of Powers (Minister for Education, Labour and Lands) (No. 1) Order, 1956 (Legal Notice 140 of 1956) on 27 March 1956]
- [Amended by Transfer of Powers (Variation) (No. 2) Order, 1960 (Legal Notice 172 of 1960) on 19 April 1960]
- [Amended by Kenya (Amendment of Laws) (Miscellaneous Amendments) (No. 2) Regulations, 1963 (Legal Notice 604 of 1963) on 1 June 1963]
- [Amended by Kenya (Amendment of Laws) (Written Laws) Order, 1963 (Legal Notice 2 of 1964) on 12 December 1963]
- [Amended by Kenya (Amendment of Laws) (Miscellaneous Amendments) (No. 4) Order, 1964 (Legal Notice 236 of 1964) on 12 December 1963]
- [Amended by Statute Law (Miscellaneous Amendments) Act, 1966 (Act No. 21 of 1966) on 12 July 1966]
- [Amended by Registration of Persons (Amendment) Act, 1979 (Act No. 11 of 1979) on 6 February 1978]
- [Amended by Statute Law (Miscellaneous)(Amendments)(No. 2) Act, 1979 (Act No. 18 of 1979) on 7 September 1979]
- [Amended by Statute Law (Repeal and Miscellaneous Amendments) Act, 1980 (Act No. 13 of 1980) on 24 December 1980]
- [Amended by Registration of Persons (Amendment) Act, 1987 (Act No. 9 of 1987) on 7 August 1987]
- [Amended by Statute Law (Miscellaneous Amendments) Act.(No.2), 1990 (Act No. 21 of 1990) on 18 January 1990]
- [Amended by Statute Law (Miscellaneous Amendments) Act, 2002 (Act No. 2 of 2002) on 7 June 2002]
- [Amended by Statute Law (Miscellaneous Amendments) Act, 2012 (Act No. 12 of 2012) on 13 July 2012]
- [Amended by Security Laws (Amendment) Act, 2014 (Act No. 19 of 2014) on 22 December 2014]
- [Amended by Statute Law (Miscellaneous Amendments) Act, 2015 (Act No. 25 of 2015) on 24 December 2015]
- [Amended by Election Laws (Amendment) Act (Act No. 36 of 2016) on 4 October 2016]
- [Amended by Statute Law (Miscellaneous Amendments) Act, 2018 (Act No. 18 of 2018) on 18 January 2019]
- [Revised by 24th Annual Supplement (Legal Notice 221 of 2023) on 31 December 2022]
1. Short title
This Act may be cited as the Registration of Persons Act.2. Application
This Act shall apply to all persons who are citizens of Kenya and who have attained the age of eighteen years or over or where no proof of age exists, are of the apparent age of eighteen years or over.[Act No. 11 of 1979, s. 2, Act No. 13 of 1980, Sch.]3. Interpretation
In this Act, unless the context otherwise requires—"authorised officer" means a registration officer authorized by the Principal Registrar to exercise the powers or perform the duties and functions in respect of which the expression is used;"Biometric" means unique identifiers or attributes including fingerprints, hand geometry, earlobe geometry, retina and iris patterns, voice waves and Deoxyribonucleic Acid in digital form;"chief fingerprint officer", "deputy chief fingerprint officer, senior fingerprint officer", "fingerprint officer" and "senior fingerprint assistant" means the persons appointed as such by the Principal Registrar under section 4(2);"Director" means the Director of National Registration appointed by the Public Service Commission;"District Registrar" and "Provincial Registrar" means the persons appointed as such by the Principal Registrar under section 4(3);"Global Positioning System coordinates" means the unique identifier of precise geographic location on the earth, expressed in alphanumeric character being a combination of latitude and longitude;"identity card" means a card issued under section 9;"physical form" means existing in a form that one can see and touch;"Principal Registrar" and "Deputy Principal Registrar" means the persons appointed as such under section 4;"Principal Secretary" means the Principal Secretary in the Ministry responsible for matters relating to registration of persons;"register" means the register established and maintained under section 5;"registered person" means a person who is registered under this Act;"registration document" means a document used for the purposes of registration of persons under this Act whether prescribed or not;"registration officer" means the Principal Registrar, Deputy Principal Registrar and any of the persons appointed under section 4(2);"senior assistant principal registrar", "assistant principal registrar", "senior registrar", "registrar" and "assistant Registrar" means the persons appointed as such by the Principal Registrar under section 4(2).[Act No. 11 of 1979, s. 3, Act No. 9 of 1987, s. 2, Act No. 21 of 1990, Sch., Act No. 25 of 2015, Sch., Act No. 18 of 2018, Sch.]4. Appointment of Principal Registrar and staff
5. Register
6. Registration
7. Registration of persons returning from abroad
Any person who, by reason of his absence from Kenya at the time at which he would otherwise have been required to register under this Act, is not a registered person, shall within thirty days of his entry into Kenya attend before a registration officer for the purpose of being registered.[Act No. 11 of 1979, s. 7.]8. Power to demand proof of information
9. Registration officer to issue identity cards
9A. Establishment of the National lntegrated Identity Management System
10. Production and inspection of identity cards
11. Entries in identity card
No person, other than a registration officer or other person authorized by the Principal Registrar in writing in that behalf, shall make any entry in, alteration to or erasure from an identity card.12. Proof of exemption
Where any person claims that this Act does not apply to him, the burden of proving that fact shall lie upon that person.13. Evidential value of certificates
Any document purporting to be a certificate under the hand of the Principal Registrar, the Deputy Registrar, or any of the officers appointed under section 4(2) and certifying that any return required to be made to him under this Act or any rules made thereunder has not been made, certifying a copy or extract of any record kept by the Principal Registrar under this Act or certifying that any thumb or finger impressions are the thumb or finger impressions of a person specified in the certificate shall, in any proceedings for an offence under this Act, be prima facie evidence of the facts stated therein.[Act No. 13 of 1951, s. 6, Act No. 11 of 1979, s. 9, Act No. 2 of 2002, Sch.]14. Offences and penalties
15. Offences cognizable to police
Offences under this Act shall be cognizable to the police.16. Rules
The Cabinet Secretary may make rules—17. Validity of identity cards previously issued
Every identity card issued under this Act, whether or not expressed to be valid up to any particular date, shall continue to be valid up to such time as the Cabinet Secretary may by notice in the Gazette declare, and upon such declaration every person with an identity card so declared to be invalid shall within ninety days of the declaration present himself before a registration officer to be registered in accordance with section 6.[Act No. 9 of 1987, s. 9, Act No. 2 of 2002, Sch.]17A. Powers of arrest without warrant
Where a person is reasonably suspected of committing or having committed an offence under this Act or any rules made thereunder, an authorized officer or a police officer of or above the rank of inspector may demand his name and address, and if he refuses or fails to give that information to the satisfaction of that officer or if that officer has reasonable grounds for believing that unless arrested that person may escape or cause an unreasonable delay, trouble or expenses in being made answerable to justice, he may without warrant arrest him and hand him over to a police officer, or in the absence of a police officer take him to the nearest police station without unnecessary delay.[Act No. 21 of 1990, Sch.]18. Prosecution of offences
A prosecution for an offence under this Act may, without prejudice to any other power in that behalf and in particular subject to the general or special directions of the Director of Public Prosecutions, be instituted and conducted by any registration officer of or above the rank of registrar or fingerprint officer.[Act No. 9 of 1987, s. 9, Act No. 12 of 2012, Sch.]18A. Power to cancel registration and revoke an identity card
History of this document
31 December 2022 this version
Revised by
24th Annual Supplement
18 January 2019
04 October 2016
Amended by
Election Laws (Amendment) Act, 2016
24 December 2015
22 December 2014
Amended by
Security Laws (Amendment) Act, 2014
13 July 2012
07 June 2002
18 January 1990
07 August 1987
24 December 1980
07 September 1979
06 February 1978
12 July 1966
12 December 1963
01 June 1963
19 April 1960
27 March 1956
01 January 1956
Amended by
Missing ACT
01 January 1951
Amended by
Missing ACT
16 May 1949
Commenced
26 December 1947
Assented to
Cited documents 0
Documents citing this one 42
Judgment 36
Legal Notice 5
Gazette Notice 1
1. | The Registration of Persons Rules | 1 citation |
Subsidiary legislation
Title
|
Date
|
|
---|---|---|
The Registration of Persons (National Integrated Identity Management System) Rules | Legal Notice 195 of 2020 | 31 December 2022 |
Declaration of Invalidity of Identity Cards | Legal Notice 47 of 2009 | 31 December 2022 |
The Registration of Persons Rules | Gazette Notice 894 of 1949 | 31 December 2022 |