Kenyan residents

1. Custody and Maintenance

If either of the parent is absent or missing, or a minor’s Birth Certificate has XXXX indicated under father’s name, then this must be supported by a legal custody order and accompanying documents submitted to the Embassy as listed below:

• Certified and stamped copy of Court proceedings filed in the Children’s Court or a Magistrates Court that has been gazetted to handle children matters as established under Section 73 of the Children’s Act granting legal custody or guardianship order;
• ALL legal pleadings filed including the custody order which bears the stamp and seal of the Court;
• Original Birth certificate of the minor and Certified copy of Birth Certificate from the Principal Registrar of Births and Deaths duly stamped and signed in accordance with Section 7 and 10 of the Births and Deaths Registration Act Cap 149 Laws of Kenya;
• Written consent from both parents if the child is travelling alone, or from the parent who is not accompanying the child, when travelling.
• Original and signed copy of national identity card or passport of the parent not intending to travel to Sweden;
• If one parent is deceased, the original death certificate and Certified copy of Birth Certificate from the Principal Registrar of Births and Deaths (stamped and signed) of the deceased parent.
• Lastly, proof of service of the said legal custody order on the parent of the child not traveling to Sweden, either physically by a licensed process server or by way of Advertisement in a Daily Newspaper in accordance with Order V rule 17(4) of the Civil Procedure rules, 2010.

2. Adoption

The Embassy thus requires Applicants to provide ALL pleadings filed in the High Court as established under Section 154 of the Children’s Act for purposes of proving authenticity of Adoption Orders both local and international.

These include but not limited to:

• Certified and stamped copy of court proceedings emanating from a High Court within the Republic of Kenya.
• ALL pleadings filed in the High Court for appointment of Guardian Ad Litem in accordance with Section 160 and 164 of the Children’s Act and obtaining the Adoption Order either local or international adoptions;
• Adoption Order duly stamped with the Court seal, as read in Section 154 of the Children’s Act;
• A certified copy of an entry in the Adopted Children Register sealed or stamped with the seal of the Registrar-General’s Office as read in Section 169 (2) of the Children’s Act;
• Written consent from every person whose consent is necessary as read in Section 158 (4) of the Children’s Act.

3. Marriages

Applicants are requested to furnish the Embassy with the following documents for purposes of proving their marriage is authentic as recognised pursuant to Section 59 of the Marriage Act, Marriages Rules published thereunder and with guidance of the Mohammedan Laws and Practice under the Kadhi’s Court.

• Civil, Customary, Hindu marriages: Original Certificate of Marriage or certified copy of Certificate of Marriage stamped and signed by the Registrar of Marriages and Divorce, duly signed letter from Ministry of Foreign Affairs, Nairobi;
• Certificate of No Impediment to Marriage for those engaged to be married;
• Islamic marriages: Original Certificate of Marriage or Certified copy of Certificate of Marriage stamped and signed obtainable from the Kadhi’s Court, letter from Ministry of Foreign Affairs, Nairobi.

 4. Divorce

In order for an Applicant to prove that they have satisfied the Resident Magistrate Court within the Republic of Kenya, for the dissolution & divorce one has to submit the following:

• Civil, customary, Christian, Hindu marriage: Certified and stamped with the Court seal Divorce Decree Absolute or Decree Nisi from a Chief Magistrate’s Court, Certificate of Divorce from the Registrar of Marriages and Divorce, ALL pleadings filed in Court for purposes of obtaining a divorce decree and duly signed and stamped Court Proceedings.
• Islamic marriage: Certified and stamped Certificate of Divorce from the Kadhi Court with a visible Court seal, stamped and signed copy of the register of annulment or dissolution from the Registrar of Marriages and Divorce, ALL pleadings filed in Court for purposes of obtaining a divorce decree and signed and stamped Court Proceedings.

 5. Death Certificate

In order to prove the authenticity of the death of a family member, Applicants are requested to submit an Original Death Certificate and a certified copy of the Death Certificate from the Principal Registrar of Births and Deaths duly stamped and signed.

This is in accordance with Section 7, 16 and 18 of the Births and Deaths Registration Act Cap 149 Laws of Kenya: Original Death Certificate, Certified copy of Death Certificate

6. Identity documents

Applicants are in addition requested to submit the following documents, in order to prove their citizenship or identity: Birth Certificate, National Identity Card where applicable and valid Kenyan Passport.

7. Refugees

In accordance with the Refugee Act 2006, Laws of Kenya, all refugees need to prove they are legally residing in Kenya by submitting either a valid residence permit in Kenya or a registration with either UNHCR or Department for Refugee Affairs and/or valid Refugee Identity card  from the Department of Refugee Affairs. 

The Embassy´s jurisdiction is also covering Somalia, Seychelles and the Comoro Island, meaning that residents in the mention countries may also apply for residence permit and have their interviews conducted at the Embassy. The Embassy cannot handle applications for asylum and you are referred to UNHCR.