Facilitating Foreign Business Engagement in Kenya

December 1, 2023

Foreign nationals planning to visit Kenya for business or tourism typically need to apply in advance for the requisite visa or pass. The selection of an appropriate visa or pass depends on the purpose and duration of the applicant’s intended stay in Kenya. Tourists usually opt for the visitor’s pass, specifically designed for tourism purposes, with a validity of two (2) months, extendable through an application for extension. However, it is important to note that a visitor’s pass restricts the holder from engaging in business activities, seeking employment, or forming business partnerships upon arrival in Kenya.

For foreigners seeking to invest in Kenya, the preferred visa option is the Special Pass. This pass, issued for a renewable period of three (3) months, allows applicants to apply for the relevant work permit and engage in temporary business, trade, or profession. Also known as a temporary work permit under Regulation 34(c) of the Kenya Citizenship and Immigration Regulations, 2012, the Special Pass enables professionals to apply for the Class D work permit. This is applicable when the applicant has received a specific employment offer from an employer, the government of Kenya, or within an approved technical aid scheme under the United Nations or another sanctioned agency. The applicant must demonstrate possession of skills or qualifications not readily available in Kenya, ensuring that their employment benefits the country.

Regulation 3 of The Kenya Citizenship and Immigration Regulations, 2012 outlines the specifics of the Special Pass, indicating that it permits entry into Kenya within the specified period and allows the holder to remain in the country for a maximum of six months from the date of issue. Notably, Special Passes cannot be renewed after the six-month period.

Conclusion:

At Olinga Advocates, we have successfully assisted numerous clients in the application and acquisition of various passes and the necessary work permits. Our legal services encompass all aspects of immigration, labor, and employment matters, delivered with a practical and innovative approach and characterized by quick turnaround timelines. We invite your valuable feedback and inquiries regarding this article or any other legal concerns. For queries or clarifications, please do not hesitate to contact us through the undersigned or via email at law@olingaadvocates.com and phone +25470700-091-077. We look forward to serving your legal needs with diligence and professionalism.