Your Kenyan business has found the right candidate , and the candidate is not Kenyan. Employing a foreign national is routine, but it places specific obligations on the employer, from the first advert through to the last renewal.
What must an employer do before hiring a foreign national in Kenya?
Work permits under the Kenya Citizenship and Immigration Act 2011 are generally tied to a specific employer and role. The sponsoring employer should expect to support the application with the employment contract, evidence of the candidate’s qualifications, and details of the position. Immigration policy also favours developing local skills, so the case for the hire , why this person, for this role , forms part of the file rather than being a mere cover letter.
What does Kenyan employment law require for a foreign hire?
Separately from immigration, the employment relationship is governed by Kenyan labour legislation, including the Labour Institutions Act, whose text is available on the Kenya Law website at https://www.kenyalaw.org/. The contract for a foreign hire should meet Kenyan statutory requirements on wages, hours and benefits, and payroll registrations and statutory deductions should be arranged before the first payslip. A work permit does not override employment law: the employee accrues the same statutory rights as any colleague.
What ongoing duties does the employer have?
- ensuring the employee works only in the role, and for the entity, named in the permit;
- renewing permits and dependent passes before expiry, and lodging variations when roles change;
- keeping records that connect the permit, the contract and the payroll;
- handling statutory deductions and filings for the employee from the first month of employment.
What are the risks of getting it wrong?
Working outside the terms of a permit is an immigration matter for both employer and employee, and it surfaces at inconvenient moments , audits, inspections, or a routine renewal. Employment law breaches, such as unfair terms or unremitted deductions, expose the company to claims regardless of the employee’s nationality. The two regimes are often handled by different people in a business, which is precisely why they tend to go wrong together.
If you are building a team that includes foreign nationals, it is worth putting the process on a proper footing early. CS Advocates LLP advises employers on permits and employment contracts, and where disputes do arise, our arbitration and ADR experience is available; our practice areas page sets out the range of support.
For guidance on your specific situation, contact CS Advocates LLP , call, WhatsApp, or book a confidential consultation at our Westlands, Nairobi office.