A GUIDE TO PROTOCOL PRACTICE IN THE REPUBLIC OF KENYA

Introduction

Kenya, being a Signatory to the Vienna and Geneva General conventions on Diplomatic and
Consular Relations, adheres and administers the provisions of the Conventions through its
Protocol Department in the Ministry of Foreign Affairs.

The Administration of the Diplomatic Privileges and Immunities is done in accordance with
the relevant provisions of the Kenyan Law. This is done to facilitate the working and the
general welfare and security of the Diplomatic Community in Kenya and the effective
management of Presidential Visits abroad and the receiving of all State and Official guests in
the Country.

ADMINISTRATIVE FORMALITIES FOR DIPLOMATIC CORPS

1.1 Appointment with H.E. the President, Cabinet

Ministers & Senior Government Officials.

The Ministry of Foreign Affairs arranges appointments between the Ambassadors/High

Commissioners and His Excellency the President, Cabinet Ministers, Permanent Secretaries,
Provincial Commissioners, District Commissioners, Senior Civil Authority officials and other
senior Government officials. To facilitate this, the embassies are expected to submit requests
for such appointments through a diplomatic note to Protocol Division. The contents of the
note should include the name(s) of officials, their title, time and date of the Ambassador’s
preference for the appointment. Sufficient notice should be given to facilitate the necessary
consultations and arrangements.

The same arrangements should apply when visiting foreign officials desire to call on His
Excellency the President or other senior Government officials.

When the appointment is confirmed the embassy will be notified through a diplomatic note or
by telephone.

1:2 Visits to the Provinces

1:2:1 Official Visits

Ambassadors and High Commissioners are free to visit any part of the country officially or
privately. When an Ambassador wishes to visit a province or a district officially it is
mandatory that the Protocol Division be informed in order to request the Provincial
Administration to make appropriate arrangements to receive the Ambassador at an appropriate
level. A notice of two weeks is preferred.

1:2:2 Private Visits

When the Ambassador wishes to visit the country privately and not call on any senior
personality or visits any national, provincial or bilateral project a telephone notification to the
Chief of Protocol is sufficient.
1:3 Immigration Formalities

1:3:1 Nationality

A child born in the Republic of Kenya attains Kenyan citizenship unless if at the time of birth
the father enjoys immunity from jurisdiction under the Privileges and Immunities Act
(Cap.179) the same status applies to a child whose father enjoys immunity from jurisdiction
under some other agreement.

1:3:2 Aliens Restriction Act

Any person who is a member of a mission within the Privileges and Immunities Act Cap.179
and any person who is a member of the family forms part of the household of such a family is
exempt from compliance with the requirements of Aliens Restriction Act (Cap.173).

1:3:3 Work Permits

Dependants of diplomatic and consular personnel are not exempt from the requirements of
work permits. Applications for such permits should be addressed to the Chief of Protocol,
Ministry of Foreign Affairs for transmission to the Immigration Department.

1:4 Employment Formalities

Kenya Government respects the right of foreign missions to appoint members of their staff in
accordance with Article 7 of the Vienna Convention on Diplomatic Relations and Article 19
of the Vienna Convention on Consular Relations. However, in cases where the person to be
appointed as a member of local staff is a national of the sending state of the mission
concerned or is a national of the sending state of the mission concerned of a third state, the
Mission should comply with the Kenya Immigration requirements regarding the employment
of aliens. Missions are expected to comply with the current Kenya Immigration requirements.

1:5 Identity Cards

The Chief of Protocol issues identity cards to diplomatic staff and to members of the
administrative, technical and service staff mission and their families. These identity cards do
not in themselves confer any entitlement to immunity or privilege. The seven types of identity
cards are as follows: -

Category of Staff:

Category color
Head of Mission and Diplomatic Staff Red
Administrative and Technical Staff in Foreign Buff or Beige
Mission

Consular Staff Green

Officials of UNEP Blue

Officials of UN-HABITAT Blue
Officials of United Nations Agencies Blue

Experts, Administration and Technical Staff of Buff or Beige

United Nations Organizations

An appropriate number of airport passes are issued by the Kenya Airports Authority to the
Heads of Mission, their spouses and a limited number of diplomatic staff of the mission. To
obtain the pass the Mission is expected to submit a note verbale to Protocol Division.
Following approval by the Ministry the applicant is expected to fill in an application.

1:6 Personal Identification Numbers (PIN)

The Commissioner of Income Tax requires that all Kenya residents should posses a Personal
Identification Number although they do not pay Income Tax. Members of the Diplomatic
Corps are therefore requested to fill the appropriate forms for this purpose.

1:7 Returns of Diplomatic & Consular Personnel

Diplomatic missions are expected to submit on quarterly basis, returns of their personnel to
Protocol Division. The returns should clearly indicate the title/rank of the respective officials
of whether or not they are deployed as diplomatic, administrative, technical, service staff or
private servants.

1:8 Directories of Diplomatic Corps

Every year the Protocol Division compiles a directory which, among other things, contains the
names of diplomatic, consular and honorary consuls who are accredited to Kenya, their
chancery and residential addresses, telephone numbers, national days etc.

The directory contains information on names and rank of the officials within the Ministry of
Foreign Affairs. The name and addresses of Kenya’s Foreign Missions is also shown in the
directory.

To facilitate preparation of the directory, missions are expected to submit up to date returns
on or before the end of the month of January every calendar year.

1:9 Airport Facilities

1:9:1 Customs & Immigration Clearance

The Ministry of Foreign Affairs operates a 24-hour Protocol office at the Jomo Kenyatta
International Airport. The officer manning this office liaises with the Customs and
Immigration Department within the airport to ensure speedy and convenient clearance of
members of the diplomatic corps and official visitors attending conferences and meetings, etc.

The Ministry of Foreign Affairs may make the necessary arrangements to clear officials
through other points of entry like Mombasa and Kisumu if a request is conveyed in good time
to Protocol Division.
1:9:2 Examination of Personal Baggage

The personal baggage of diplomatic agents is exempt from inspection unless there are serious
grounds for presuming that it contains prohibited or restricted goods. Such inspection shall be
conducted only in the presence of the diplomatic agent orhis authorized representative. The
members of the families of diplomatic agents forming part of their household are also entitled
to this exemption. However, the exemption does not apply to members of the administrative
and technical staff and their families.

The personal baggage of consular officers and members of their families forming part of their
household is exempt from inspection unless there serous grounds presuming that it contains
prohibited goods. This exemption does not apply to consular employees and their families.

1:9:3 Use of VIP Lounge

Apart from the State Pavilion, which is strictly for the use of Heads of State and Government,
the Kenya Airports Authority has two other VIP lounges, at Jomo Kenyatta International
Airport. The VIP Lounge which is in Unit III, is reserved for the use of former Presidents and
officials of the rank of Vice President. The VIP II is reserved for use of diplomats, officials of
the rank of the Heads of Mission, ministers, permanent secretaries, etc.

Whenever the mission wishes to use any of the VIP lounges, a request should be channeled
through Protocol Division promptly to facilitate the necessary arrangements. The Protocol
officer is located in the VIP 11.

1:10 Security of Diplomatic Corps

A section within the Police Headquarters, the Diplomatic Police is assigned to security
matters related to members of the Diplomatic Corps. Whenever missions have any incidents
to report, the officer-in-charge of this section should be called on the phone. Missions are also
expected to report such incidents to the nearest police station and also submit a note verbale to
the Protocol division on the incident.

1:11 Firearms (including shotguns)

All members of a mission are expected to comply with the requirements of the firearms Act
(Cap.114, laws of Kenya) by obtaining: -

Firearms permit in respect of any arms and ammunition, which they possess or intend to
acquire by purchase or importation.

Application for the permits should be made to the Chief of Protocol, Ministry of Foreign
Affairs, Prior to the certificate being issued; any arms or ammunition arriving at the airport
will be held under security and released on production of the valid permit.

1:12 Purchase (and Sale) of Land and Property)

1:12:1 Purchase
No foreign government should buy or commit itself to buy land/or real property in Kenya
without first obtaining permission from the Government of Kenya. When asking for
permission through the Ministry of Foreign Affairs, missions are requested to indicate where
the property in question is located and for what purpose it will be used. Individual members
of foreign missions similarly need permission to buy land or real property in Kenya.

1:12:2 Sale

When a foreign government intends to sell real property, which it already owns in Kenya, the
Mission concerned should inform the Ministry of Foreign Affairs. When a foreign
government owns real property and wishes to alter its use (e.g. to change the Ambassador’s
residence to a chancery), the Ministry of Foreign Affairs should be informed before the
change is made.

1:12:3 Renting

The permission of Kenya Government is not necessary for the renting of property. It should
be noted, however, that rented properties do not qualify for tax exemption, as the taxes are
levied on the individual landlords, who take the incidence of such taxation into consideration
when deciding on the rent.

1:13 Air Clearance

There are two types of air clearance namely diplomatic clearance and clearance for military
planes, vessels etc.

The Ministry of Foreign Affairs in conjunction with Directorate of Civil Aviation grants
diplomatic clearance. Clearance for military planes/vessels is granted by the Department of
Defense on request through the Ministry of Foreign Affairs.

To obtain the two types of clearance, missions are expected to submit their requests to the
Ministry of Foreign Affairs two weeks in advance. The request should contain among other
things, flight number, call sign, name of the pilot, expected time of arrival, expected time of
departure, entry point, exit point etc.

1:14 Communication Equipment

Requests for licensing communication equipment like radio equipment is processed through
the Protocol Division in conjunction with Kenya Posts and Telecommunications Corporation.
Such requests should be submitted in writing and include the following information: Brochure
on the equipment, which should show the type of equipment, and part number,