This archive report was first published on 4 December 2019.
Published on December 4, 2019, by George M Mucee, a communication and immigration consultant and law student at the University of Nairobi.
Great societies are founded on functional families, and in Africa, this is more pronounced due to our communal nature of doing things. The ubuntu spirit of 'I am because you are' has its foundation on the family.
Article 45 of the Constitution states that the family is a natural and fundamental unit of society and the necessary basis of social order, and shall enjoy the recognition and protection of the State.
However, the reality for foreign spouses of Kenyans is far from this ideal. They are issued a Dependent Pass, which allows them to reside in the country lawfully but does not grant them the right to work.
According to George M Mucee, 'the assumption is that the foreigner depends on their Kenyan spouse for everything and is, therefore, not allowed to work.'
But this is not in line with the Constitution and the law, which have levelled the ground for every Kenyan regardless of their sex. Mucee argues that 'it is, therefore, important for us to come up with a category of a visa or permit that automatically grants spouses of Kenyans, male and female, the rights to earn a living lawfully in Kenya without requiring them to apply for a work permit.'
He also points out that many countries globally allow spouses of their citizens/residents to work, and that many Kenyans abroad are beneficiaries of these arrangements.
Immigration should rectify the anomaly by coming up with a category of passes or permits that allow spouses of Kenyans to work or do business without being subjected to further bureaucracies.
