Recent regulations by the Central Bank of Kenya (CBK) now require foreign nationals incorporating a private company in Kenya to obtain a work permit.
Understanding the different types of permits available and their requirements will help you stay compliant with business regulations. This article explains the importance of a permit and how to acquire one.
The Importance of a Work Permit
Non-kenyan nationals need work permits to open and operate bank accounts in Kenya. This permit also allows you to engage in legal employment and business activities within the country.
A work permit demonstrates compliance with immigration regulations and enables you to participate in the local economy. It also provides a legal framework for conducting business activities, ensuring transparency and accountability.
Types of Work Permits and their Requirements
There are various types of work permits available for foreigners in Kenya, but the Employee (Class D) and Investor (Class G) permits are more commonly sought after.
We always recommend The Employee Permit for its faster acquisition process and reduced requirements.
The Investor Permit, on the other hand, necessitates proof of a $100,000 investment in a Kenyan bank account and a minimum of 50% shareholding in the local entity.
Both permits have a validity period of 2 years, which can be renewed for additional 2-year periods.
How to obtain a Work Permit in Kenya
The process of obtaining a work permit in Kenya is as follows:
Document/Incorporation Requirements: The incorporation requirements are:
- Documentary proof of capital to be invested/already invested (minimum of 100,000 US dollars or its equivalent) (for Investor Permit only)
- Proof of deposit of non-refundable security bond
- Certificate of incorporation certificate of the Company
- Police Clearance Certificate from country of origin (for Investor Permit)
- Memorandum and articles of association
- Certificates of compliance from the Kenya Revenue Authority (KRA) for the applicant and company
- Notarised copies of academic and professional certificates for the applicant
- Notarised copy of passport biodata page
- Passport photo with white background
- Notarised copy of employment letter for the applicant (for Employee Permit only)
- Notarized copy of CV of the applicant
- Notarised copy of recent bank statement (for Investor Permit)
The Timelines for the process are as follows
- Notarisation of documents: 2-3 business days
- Police clearance certificate (where required): TBD
- Drafting and review of documentation: 1-2 weeks after receipt of complete set of requested documents
- Preliminary application and acceptance: 1-2 weeks
- Issuance of work permit: 3-6 weeks
All timelines are subject to receipt of the full set of requested documents. Additional documentary requests by the Kenyan Immigration Service may extend these timelines.
Pricing and Fees
Obtaining a work permit involves various fees, including government fees, application fees, facilitation fees, insurance bond, service charge, documentation, alien card, and application fast-track. We offer a comprehensive fee for this service and you can send an email to get started. We also offer a refund of the unused portion of the fees if the application is unsuccessful.
Incorporating a private company as a foreign national in Kenya requires obtaining a work permit. By understanding the available permits, their requirements, and the necessary steps, you can ensure compliance with the regulations and successfully incorporate your private company in Kenya.
