Challenges in regulating foreign nationals in informal businesses: a case of the directorate of immigration services, Kenya.

Abstract

The aim of the study was to assess the overall challenges faced by the investigation and prosecution division at the Directorate of Immigration Services (DIS) Kenya, in regulation of foreign nationals in informal businesses. The study objectives were to assess challenges associated with institutional and legal capacities at the investigation and Prosecution (I&P) division of the directorate. The research employed a case study design. The target population was all the 15 immigration officers in the division where twelve were male and three were female. Both primary and secondary data were captured. Primary data were collected using questionnaires and interview guides. Both open and closed ended questionnaires were administered to the respondents. Key informants were also interviewed using semi structured interview guides. Secondary data were collected from records in the DIS and internet sources. The response rate was 100%. Challenges noted in regulating foreign nationals in the informal business sector in Nairobi were both institutitional and legal. Institutional challenges were found to be understaffing, inadequate training, poor ICT and surveillance systems and lack of sufficient vehicles for conducting patrols. Inter-agency coordination was found to be adequate which contradicts the directorate’s draft policy which allude to challenges in coordination with other agencies such as the Police Service and the Judiciary. Legal challenges were mainly found in general enforcement of immigration laws, knowledge and skill deficiency among staff in operational laws and abuse of bilateral and multilateral laws by foreigners in informal businesses. The study recommends that the directorate recruits more officials to address staffing challenges and enhance capacity building on legal knowledge at investigation and prosecution division to improve overall enforcement capacity. The study also recommends enhancement of ICT infrastructure for foreign national surveillance. Effective inter-agency coordination is also recommended for effective and efficient delivery of the core objectives of the Directorate of Immigration Services. This study was limited to investigators and prosecutors at the DIS. Further studies are therefore recommended to capture the views of other agencies such as officers of the Kenya Police Service and the Judiciary. A study on foreign nationals in informal businesses would also give crucial insights to this area of research.