The thesis deals with the law and practice of immigration control in the
United Kingdom and Kenya. A study of the law and practice of immigration control
naturally falls into the fields of Constitutional and Administrative Law. 'There¬
fore, although attention will be focused on the analysis of the immigration laws
and their administration one must remember that the problems that are raised invari¬
ably touch on various aspects of Constitutional and Administrative Law.
Part I of the thesis first examines the scope and content of certain important
aspects of the immigration laws of the two countries. The matters examined are:
(i) those relating to people who have the right of free entry
and stay, that is, patrials and citizens;
(ii) those relating to the rules and regulations for the
guidance and administration of control;
(iii) those relating to appeals and
(iv) those relating to deportations.
The thesis then deals briefly with the purposes or ends that the immigration
Laws are intended to serve in each country.
Part II of the thesis contains detailed examinations of the administration of
the laws in the U.K. and Kenya in that order. The administration of the laws
ixtends from pre-departure requirements, to the purposes for which one may apply for leave
to enter a country and to the regulations such a person is subject to if allowed
country and stay.
The detailed examination of the United Kingdom and Kenyan immigration law and
systems of control inevitably entailed separate treatment because of the many differsnces
between their laws and the varied methods of administration of the laws,
fhere possible, however, comparisons have been made between the two systems.
Part III is devoted to a comparative examination of the control of discretionary
lowers of the immigration authorities in both countries through administrative and
ludicial means. The constitutional importance of such control cannot be over¬
The final section of the thesis suggests the most urgent amendments that should
-e made to the immigration laws of both countries if the laws are to become more
onsonant with the constitutional requirements of civilized societies that believe in
he liberties of individuals. The suggestions are by no means exhaustive and should
ot be taken to mean that the thesis is exclusively reform-oriented.
Finally, it must be mentioned that immigration will probably always remain
an aspect of state sovereignty of all countries. For this reason countries
will be, in varying degrees, unwilling to surrender its control entirely to
an independent adjudicator. Be that as it may, it is the assertion of this
thesis that human rights must always take precedence over the notion of
sovereignty and to that extent there is a case for arguing that the U.K. and
Kenya, indeed all other countries of the world, owe it to humanity to start
moving towards making immigration entirely a matter of law of rights.