Exclusive Findings: Shocking Penalties Imposed on Kenyans for ID Card or Passport Destruction
There is a growing trend of frustrated Kenyans burning their national documents.
On June 6, 2022, a presidential candidate burned his voter’s card after being denied eligibility to run, and on June 10, 2022, a university graduate went viral after setting fire to his academic credentials.
In an interview with GossipA2Z, Dr. Brian Mutie, an advocate of the High Court, warned Kenyans that destroying government-issued documents could land them in prison.
Mutie, a governance expert with more than 15 years of experience, explained that the law specifies fines and jail time for those caught destroying national identification cards and passports.
“There is no single statute that addresses the destruction of legal documents.
“When it comes to IDs, the Registration of Persons Act Cap 107 does not explicitly address self-destruction of documents, but Section 14 of the Act under Subsection J(iii) explains mutilation of ID cards,” an experienced attorney told GossipA2Z.
The law states, “Anyone who falsifies or alters an identity card is guilty of an offense and subject to a fine of up to fifteen thousand shillings or imprisonment for up to eighteen months, or both.”
Mutie also disclosed that, according to the Kenya Citizenship and Immigration Act, destroying one’s passport could result in a fine of Ksh5 million.
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Any Kenyan or foreigner who destroyed a visa, work permit, or any other official document issued by the State Department of Immigration was also subject to arrest.
Section 54 of the Act states, “Any person who forges, alters, destroys, or wilfully defaces a passport, travel document, certificate of registration, visa, work permit, residence permit, pass, written authority, consent, or approval, upon conviction, shall be liable to a fine not exceeding five million shillings or to imprisonment for a term not exceeding five years, or to both.”
Regarding academic certificates, Mutie clarified that the Kenyan Constitution did not explicitly regulate the destruction of vital document.
The Kenya National Examinations Act and the Council on University Education have enacted regulations regarding academic practices.
“Unfortunately, the specified offenses involve the integrity of examinations, but there is no provision for those who decide to burn their academic credentials,” he explained.
Dr. Brian Mutie stated that a law must be enacted to address the issue in the future.
“For instance, Section 42(b) of the Accountants Act specifies a fine for anyone who willfully damages examination material, but does not address the destruction of the certificate,” he explained the legal omission.
Exclusive Findings: Shocking Penalties Imposed on Kenyans for ID Card or Passport Destruction
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