Governors ‘Hit at Foreign Affairs Special Visas’

“GOVERNORS HIT AT FOREIGN AFFAIRS ON US SPECIAL VISAS”

  1. The Ministry of Foreign Affairs refers to erroneous reports (2/3 March 2017) accusing the Ministry of denial and/ or refusal to facilitate County Government Officials application for Category ‘A’ VISAS to the United States.
  2. Application and issuance of visas is the prerogative of any issuing State. In practice and in fact, considerations for issuance or denial of visas irrespective of Category, remains a sovereign right of the issuing state.
  3. The Ministry of Foreign Affairs under Executive Order no 1/2016, undertakes facilitation by way of issuing a note verbale for officials applying for official visas on official business. This has not changed.
  4. The United States of America Government has provided the Ministry with updated information on which categories officials qualify for official non-migrant visas under the United States Regulations as follows:
    • The official visa status (A Visa Category) will only pertain to officials who are traveling on behalf of the national government and immediate family members (spouse and unmarried sons and daughters)
    • County government officials travelling for official duties on behalf of the national government qualify for official visas
    • County officials travelling to the United States exclusively on behalf of their county governments do not qualify for official visa status, whether they are traveling on diplomatic passports or regular passports.
    • County officials not travelling on behalf of the national government must follow normal visa procedures and cannot be granted official visa status. They must be interviewed, provide fingerprints and pay application and issuance fees.
    • All County officials, except those traveling on behalf of the national government, will henceforth be issued with B1/B2 visa category which does not require a diplomatic note (note verbale) from the Ministry of Foreign Affairs.
    • County Governors and their immediate family members traveling on diplomatic passports, however, are exempt from fees, regardless of whether they are traveling for national or country business, although they must appear at the Embassy to provide fingerprints.
    • The duration of processing all visa applications by the Embassy is ten (10) business days prior to the date of travel.
  1. The Vienna Convention on Diplomatic Relations of 1961, Article 41, 2 states inter alia, “All official business with the receiving state entrusted to the mission by the sending state shall be conducted with, or through the Ministry of Foreign Affairs or the receiving state or such other ministry as may be agreed”.
  2. In compliance with this Article, the US Embassy in Nairobi conveyed the decision of its government as outlined above.
  3. In exercise of its mandate the Ministry diligently shares information that impacts or may impact on a section or whole government and its citizens with the highest degree of accuracy as enshrined in Chapter 6 of the Kenya Constitution.
  4. In avoidance of protracted engagement on a matter we feel is straight forward, the Ministry wishes to clarify that the decision is a sovereign decision taken solely by the Government of United States of America.

 

Amb. (Dr.) Amina Mohamed, EGH, CAV

CABINET SECRETARY

MINISTRY OF FOREIGN AFFAIRS

March 10, 2017