You have been offered a role in Nairobi, or you are planning to build a business here, and the first question is legal: what permission do you need to live and work in Kenya?
What is a work permit in Kenya?
Under the Kenya Citizenship and Immigration Act 2011 and the Kenya Citizens and Foreign Nationals (Registration) Regulations, a foreign national who wishes to take up employment, engage in business or reside long term in Kenya generally requires an entry permit issued by the Department of Immigration Services. Permits are granted by class, each tied to a defined purpose. Working on a visitor’s pass, or before a permit is issued, is an immigration offence.
Which permit classes matter for employees and investors?
The Regulations prescribe several classes of permit, lettered according to the activity authorised. In commercial practice, four classes arise most often:
- Class D , a person offered specific employment by a named employer, where the employer shows the role requires the applicant’s particular skills;
- Class G , a person who intends to engage in trade, business or consultancy in Kenya, typically through a locally registered enterprise;
- Class K , a person of independent means with an assured income who will reside in Kenya without taking up employment;
- Class I , a person investing in a prescribed applied or production industry, generally at a scale set out in the Regulations.
What does an application involve?
Applications are lodged online, supported by the applicant’s passport, curriculum vitae, certificates, a contract of employment or business documents, and police clearance and medical reports. Requirements differ by class, and prescribed fees are published by the Department of Immigration Services on its website at https://immigration.go.ke/. Processing times vary, so it is prudent to build the permit timeline into any relocation or investment plan.
What conditions attach to a permit?
A permit is usually endorsed in the applicant’s passport and may be subject to conditions, such as employment by a specified employer in a specified role. A change of employer or job title generally requires a fresh application or a variation before the new engagement begins. Permits are issued for fixed terms and must be renewed before expiry to keep status lawful.
Because each class carries its own criteria, and because incomplete files tend to be delayed, it is sensible to take advice before lodging documents. CS Advocates LLP advises employers and individuals on permit classes, applications and compliance under Kenyan immigration law; see our practice areas or read more about the firm.
For guidance on your specific situation, contact CS Advocates LLP , call, WhatsApp, or book a confidential consultation at our Westlands, Nairobi office.