Salient Features Of Kenya’s Electronic Travel Authorization (eta)

SALIENT FEATURES OF KENYA’S ELECTRONIC TRAVEL AUTHORIZATION (ETA)

Introduction 

The Government of the Republic of Kenya through the Cabinet Secretary for Interior and National Administration, on the 2nd of January 2024 published the Kenya Citizenship and Immigration (Amendment) Regulations, 2023 which abolished VISA requirements for foreigners travelling to Kenya and replaced it with Electronic Travel Authorization (“ETA”). 

ETA is a semi-automated system that determines the eligibility of visitors who intend to travel to Kenya and is authorised by the Government of Kenya.  Thus, every non-Kenyan travellers apart from those who are holders of valid residence status such as work permits, passes and Permanent residences are required to first obtain an ETA at least 3 days before embarking. The immigration officers at the port of entry however have the final decision on the admission of persons into Kenya and the subsequent endorsement of the passport. 

An Electronic Travel Authorization (ETA) is obtained by making an application through the ETA website (www.etakenya.go.ke). For children under the age of 18, the legal guardian, parent or accompanying adult is responsible for filling in the application. The ETA fee is USD 32.50 per traveller, plus bank and processing fees. 

In this article, we shall discuss the salient features of ETA and the key differences between ETA and the abolished VISA requirements.

Salient features of  Electronic Travel Authorization (ETA) 

The following are the salient features of ETA: - 

1. ETA applications are processed within Three (3 ) days. There might be instances however when the processing may take longer. It is therefore advisable that one applies for an ETA in advance. 

 2. An ETA is valid for Ninety  (90 days) from the date of approval. If the arrival or departure dates have changed, a person is still able to travel as long as the ETA is within the 90-day validity period. 

 3. Every person applying for an ETA must have a valid national passport for at least six (6) months after the planned date of arrival into Kenya with at least one blank page. 

 4. The following documents and information are also required: - 

1. a selfie or passport-type photo; 
2. contact information, email address and phone number; 
3. details of the arrival and departure itinerary; 
4. accommodation booking confirmation; and 
5. credit card, debit card, Apple pay or other means of payment. 

 5. Carriers are required not to onboard passengers who do not hold valid ETA. In addition, every carrier is required to send to the Immigration Department at least 24 hours prior to arrival, an Advance Passenger Information (API) and the Passenger Name Record (PNR). Any carrier which fails to submit the API or PNR shall be surcharged to pay an Administrative Penalty of USD 10,000 which is recovered as a civil debt. 

 6. The following categories of persons are exempted from ETA: - 

1. Holders of valid Kenya Passports or one-way Emergency Certificate issued by Kenya Missions abroad. 
2. Holders of Kenya Permanent Residence, valid Work Permits and Passes.  
3. Holders of valid United Nation Conventional Travel Document issued by the Government of Kenya.  
4. Members of the Diplomatic Missions and International Organizations Accredited to Kenya. 
5. Citizens of the East African Partner States; These countries include Burundi, Democratic Republic of Congo, Rwanda, South Sudan, Tanzania and 
   Uganda. (Exempted for Six (6) months). 
6. All passengers in transit through Kenya arriving and leaving by the same aircraft or transferring to another aircraft and who do not leave the 
   precincts of Airports in Kenya. 
7. All passengers arriving and leaving by the same ship, and who do not leave the ship. 
8. Members of crew of any ship, aircraft, train, vehicle or carrier; whose name and particulars are included in the crew manifest of the ship, aircraft, train, 
   vehicle or carrier; and who is proceeding in such ship, aircraft, train, vehicle or carrier to a destination outside Kenya.  
9. Owners of private aircraft stopping over for refuelling in Kenya and who do not leave the precincts of the airport. 

 The ETA requirement applies to all foreign nationals except the categories of persons named above. This therefore means that foreign nationals of countries which previously did not require VISA to visit Kenya are also required to obtain an ETA. It is also imperative to note that, ETA is a single-entry document which means that a person will have to apply for it every time the person plans to visit Kenya.

Key differences between the previous VISA requirements and the new ETA requirements 

1. An ETA application takes at least 3 days to be processed, unlike the e-visa which was processed within 48 hours. 
2. The nationals of countries which did not require visa to enter Kenya are now required to obtain an ETA before travelling to Kenya. 
3. Carriers of persons travelling to Kenya are now required to submit to the Immigration Department, at least 24 hours before arrival, the API and PNR of its passengers, failure to which they will be surcharged an Administrative Penalty of USD 10,000 
4. The nationals of the East Africa Community which previously did not require visa to enter Kenya are now exempt from ETA for 6 months only. It is unclear whether the exemption will be extended after the expiry of the 6 months. 
5. The ETA allows only for single entry unlike the visa regime which had an option for multiple entries. 

ETA ensures that the government obtains prior information of all persons visiting Kenya. Previously, nationals of countries that did not require VISA to enter Kenya didn’t have to fill out any form or provide any information but just entered the country.  In that case, the government shall be able to collect comprehensive data regarding all visitors, hence improving national security and other strategic interests. 

Conclusion  

The new ETA requirements for foreign nationals travelling to Kenya are completely different from the abolished VISA requirements as discussed above in this Article 

Thus, when visiting Kenya, foreign nationals from nations that have ratified agreements abolishing the need for a visa as well as those who normally do not need one should remember to get an ETA. In addition, airlines must understand their obligations in order to avoid incurring an administrative penalty in accordance with the new regulations 

It is also worthwhile to note that, while Kenya prides itself as a VISA-free country for having abolished VISA requirements for all foreign nationals, it should be noted that entry into the country is not entirely free. All foreign nationals except those exempted listed above are required to obtain an ETA which is a more stringent process. From a point of national security however, the introduction of an ETA is a positive step since all foreign nationals visiting Kenya, including those from countries that did not require VISA to enter Kenya, are now prescreened before they enter the country.  

Contact Persons & Contributors 

 Wahu WAMBUGU (Immigration Lawyer)- mwambugu@cmadvocates.com  

Caiphas CHEPKWONY (Associate Advocate)- cchepkwony@cmadvocates.com 
 

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Disclaimer 

This Alert is for informational purposes only and should not be construed as legal advice.