Immigration in Kenya is handled by the Department of Immigration Services located at Nyayo House Kenyatta Avenue/ Uhuru Highway.
The main legislation that provides for Immigration in Kenya is the Kenya Citizenship and Immigration Act No. 12 of 2011, Laws of Kenya and the Regulations referred to in the Act are the Kenya Citizenship and Immigration Regulations, 2012. All the classes of permits are prescribed under the Regulations under Section 36 of the Act.
There are various classes of permits issued to foreigners who will be deemed to benefit Kenya as described under the Seventh Schedule of the Regulations. They include:
Class A: Prospecting and Mining
Issued to individuals who intend to engage in prospecting for minerals or mining in Kenya, whether alone or in partnership.
There needs to be proof of funds for investment of not less than USD. 100,000/- only.
Class B: Agriculture and Animal Husbandry
Issued to individuals who intend to engage in agriculture or animal husbandry in Kenya, whether alone or in partnership.
Class C: Prescribed Profession
Issued to an individual who is a member of a prescribed profession and intends on practicing that specific profession in Kenya, whether alone or in partnership.
Prescribed professions are defined under the Eighth Schedule of the Regulations. These include the following professions; medical, dentists, legal professionals, surveyors, estate agents, valuers, land agents, architects, quantity surveyors, pharmacists, veterinary surgeons, engineers, nurses, physiotherapists, accountants, chartered secretaries, actuaries, scientists, and IT experts.
Class D: Employment
Issued to an individual who is offered specific employment by a specific employer, the Government of Kenya, and an approved technical aid scheme under the UN (not exempted).
You are required to have a Kenyan understudy in the specific role.
It is worth noting that if this permit is issued to an individual who is not present in Kenya at the time it is issued, then the individual will only have ninety (90) days from the date of issue to enter Kenya before this permit expires. The permit may however be extended for a further period not exceeding ninety (90) days, upon application.
This permit is issued for two years, renewable.
Please note that in the circumstance that the holder of this permit stops working for the employer specified in the work permit, the employer is expected to report this information in writing, to the Immigration Director within fifteen (15) days from the date of such cessation. Failure to report this is considered an offense.
Class F: Specific Manufacturing
Issued to individuals who intend to engage in manufacturing in Kenya, whether alone or in partnership.
There needs to be proof of funds for investment in manufacturing of not less than USD. 100,000/- only.
Class G: Specific Trade, Business, or Consultancy
Issued to individuals who intend to engage in a specific trade, business, consultancy, or profession (other than a prescribed profession) in Kenya, whether alone or in partnership.
There needs to be proof of capital to be invested in not less than USD. 100,000/- only.
Class I: Approved Religious or Charitable Activities
Issued to a person who will be approved by the Government of Kenya and is a:
- Member of an institution registered under the Society’s Act as a missionary;
- Member of a company limited by guarantee; or
- Member of a trust registered under the Trustees Act.
Class K: Ordinary Residents
Issued to any individual who:
- Is thirty-five (35) years of age or older;
- Undertakes not to accept employment, paid or unpaid, or engage in any income-generating activity of any kind without a relevant permit;
- Has on his/her right an annual assured income of not less than USD 24,000 per annum, at his/her full and free disposition of such income. The source of funds must not be derived from any employment, occupation, trade, business, or profession.
Instead, the source of income must be derived from either:
- Outside Kenya and will be remitted to Kenya; or
- Pension or annuity payable from sources in Kenya.
It is worth noting that if this permit is issued to an individual who is not present in Kenya at the time it is issued, then the individual will only have ninety (90) days from the date of issue to enter Kenya before this permit expires. The permit may however be extended for a further period not exceeding ninety (90) days, upon application.
Class M: Refugees
Any individual who has been granted refugee status in Kenya, including their spouse, who intends to take up employment or engage in a specific occupation, trade, business, or profession.
There needs to be a recommendation letter from the Department of Refugee Affairs.
In conclusion, all the permits we have summarized above, are subject to the provisions stipulated in the Act and Regulations. Moreover, it is worth noting that any and/or all documents submitted must be in English or translated to English by relevant embassies or authorized organizations.
Please note that this legal article is for information purposes only and should not be relied upon without legal consultation. Should you have any questions, please feel free to contact us.
