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What is the Cap 107 Law in Kenya?

Published in Kenyan Law 3 mins read

The Cap 107 law in Kenya refers to the Registration of Persons Act, which mandates the registration of all Kenyan citizens aged eighteen years and above. This Act plays a fundamental role in establishing and maintaining a comprehensive national register of individuals within the country.

Understanding Kenya's Cap 107 Law

The Registration of Persons Act, codified as Chapter 107 of the Laws of Kenya, is a crucial piece of legislation that governs the process of identifying and registering individuals. It serves as the legal framework for the issuance of national identity documents, which are essential for citizens to access various services and participate in civic life.

Key Provisions and Applicability

Enacted as Act No. 11 of 1979, the Cap 107 law clearly outlines its scope and the individuals to whom it applies. Specifically, it applies to:

  • Citizens of Kenya: The Act primarily targets individuals who hold Kenyan citizenship.
  • Age Requirement: It mandates registration for persons who have attained the age of eighteen years or over.
  • Apparent Age: In cases where no definitive proof of age exists, the Act applies to individuals who are of the apparent age of eighteen years or over.

This legal framework ensures that every eligible Kenyan citizen is registered and accounted for within the national population records.

Purpose and Importance of the Act

The Registration of Persons Act (Cap 107) is vital for national governance and individual well-being in Kenya. Its primary purposes include:

  • National Identity: Facilitating the issuance of national identity cards (IDs), which are indispensable for personal identification.
  • Record Keeping: Maintaining a comprehensive and up-to-date national register of persons, crucial for demographic data and planning.
  • Civic Participation: Supporting electoral processes by providing a verifiable basis for voter registration.
  • Access to Services: Enabling citizens to access essential services such as banking, employment, education, healthcare, and government benefits.
  • Security and Order: Contributing to national security by providing a means of identification and tracking.

How the Registration Process Works

Under Cap 107, citizens who meet the specified age criteria are required to present themselves for registration. This process typically involves providing personal details, fingerprints, and other biometric information, which are then used to create a unique national identity record and issue an ID card.

To summarize the key aspects of Cap 107:

Aspect Details
Legal Title Registration of Persons Act
Chapter Cap 107, Laws of Kenya
Primary Scope Registration of Kenyan citizens
Age Requirement 18 years and above (or apparent age)
Enactment Year 1979 (Act No. 11)
Issuing Authority National Registration Bureau (under Ministry of Interior)

Where to Find the Act

For the full text and detailed provisions, the Registration of Persons Act, Cap 107, can be accessed through official government publications. An official copy of the document is available on the Ministry of Interior's website: Registration of Persons Act, Cap 107.