Kenya’s immigration system, governed by the Kenya Citizenship and Immigration Act, 2011 and Regulations (2012), categorizes entry and residency into visas, permits, and passes. This technical guide delineates each category’s legal basis, eligibility, application workflows, and compliance protocols for foreign nationals, investors, and professionals.
Governing Legislation & Regulatory Authorities
Primary Statutes
- Kenya Citizenship and Immigration Act (No. 12 of 2011): Defines visa classes, permit requirements, and enforcement mechanisms.
- Immigration Regulations (2012): Specifies application procedures, fees, and eligibility criteria.
- Investment Promotion Act (2004): Governs investor permits (Classes A, B, F, G) and fiscal incentives.
Regulatory Bodies
- Directorate of Immigration Services (DIS): Processes permits/passes and oversees compliance.
- Kenya Investment Authority (KenInvest): Issues Investment Certificates for investor permits.
- Department of Refugee Affairs (DRA): Manages Class M (Refugee) permits.
Visa Categories: Technical Specifications
| Visa Type | Legal Basis | Eligibility | Validity |
|---|---|---|---|
| Ordinary Visa | Sec. 18(1), Immigration Rules | Non-exempt nationals for tourism/business. | Single/Multiple entry |
| Transit Visa | Sec. 18(2) | 72-hour transit to third countries. | 3 days |
| Diplomatic Visa | Sec. 18(3) | Holders of diplomatic passports on official duty. | Aligned with mission term |
| East Africa Tourist Visa | EAC Protocol (2014) | Tourism in Kenya, Uganda, Rwanda. | 90 days |
Application: E-visa via eCitizen portal, except diplomatic/official visas (applied through embassies).
Work & Residence Permits: Classes A–R
Class A (Mining)
- Legal Basis: Sec. 37, Immigration Act; Mining Act (2016).
- Eligibility: USD 100K investment, valid prospecting license.
- Tax Incentives: 100% investment deduction (First-year allowance under Income Tax Act).
Class B (Agriculture)
- Legal Basis: Sec. 38, Immigration Act.
- Requirements: County-approved land lease, audited agri-business plan.
- Incentives: VAT exemption on farm machinery (VAT Act, 2013).
Class C (Prescribed Professions)
- Scope: Engineers, architects, doctors (2nd Schedule, Immigration Regs).
- Compliance: Proof of Professional Society membership (e.g., EBK, APAK).
Class D (Employment)
- Criteria: Skills unavailable locally (Sec. 40, Immigration Act).
- Employer Obligation: Labour Market Test via Ministry of Labour.
Class F (Manufacturing)
- Investment: Minimum USD 500K in SEZ/EPZ.
- Benefits: 10-year tax holiday (SEZ Act, 2015).
Class G (Trade/Business)
- Structure: SPV incorporation under Companies Act (2015).
- Compliance: Annual job creation audit (≥60% Kenyan staff).
Class K (Retirement)
- Requirements: USD 24K annual income, no local employment.
- Path to PR: 7-year continuous residency (Sec. 37(5)).
Class N (Digital Nomad)
- Eligibility: Remote workers with non-Kenyan employers.
- Fees: KSh 20K processing, KSh 100K annual.
Class R (EAC Citizens)
- Exemptions: No fees, expedited processing (EAC Common Market Protocol).
Pass Categories: Special, Dependant, Student
| Pass Type | Purpose | Validity | Key Requirements |
|---|---|---|---|
| Special Pass | Short-term business/research | 90 days | Proof of engagement (e.g., MoU). |
| Dependant Pass | Spouse/children of permit holders | Aligned with primary permit | Marriage/birth certificates. |
| Student/Research Pass | Enrollment in accredited institutions | Course duration | Admission letter, institutional accreditation. |
Compliance & Penalty Framework
Key Obligations
- Renewals: Submit 60 days pre-expiry (Sec. 45, Immigration Act).
- Reporting: Notify DIS of employment/address changes within 14 days.
Penalties
- Overstaying: KSh 50K fine/day + deportation (Sec. 53(1)).
- Unauthorized Work: Permit revocation, 5-year entry ban.
Application Workflow
- Document Preparation: Notarized copies of passports, academic/professional certs.
- eFNS Submission: Upload via DIS portal.
- Payment: Non-refundable processing fee (KSh 10K–100K).
- Committee Review: 60–90 days for investor permits.
- Issuance: Collect permit/pass at Nyayo House, Nairobi.
Tax Implications
- Employment Income: 30% resident tax, 37.5% non-resident (Income Tax Act).
- Investors: 15% CGT on asset disposal; exemptions under DTAs (e.g., Kenya-UK DTA).
FAQs
Q: Can a Special Pass convert to a Work Permit?
A: Yes, via Class G application before expiry (Sec. 26(4), Regulations).
Q: Are dependents permitted to work?
A: No; requires separate Class D permit (Sec. 26(5)).
Q: Penalty for incorrect permit class?
A: KSh 500K fine + permit revocation (Sec. 51(2), Act).
Conclusion
Navigating Kenya’s immigration system demands adherence to statutory frameworks and proactive compliance. Muthii Associates offers end-to-end support for permit applications, tax optimization, and legal audits.
Contact Us: 0722432638
