FOREIGNERS MOVING TO KENYA FOR WORK

Introduction

Kenya recently had the honour of hosting the WRC Safari Rally 2021. This even among other sporting events have put Kenya in the global limelight. Many foreigners wish to move to Kenya for work or to invest in Kenya. We will discuss how a foreigner can move to Kenya for work or investment.

Kenya’s immigration laws require that a foreigner obtains the appropriate visa or work permit before settling in Kenya. Section 34 of the Kenya Citizenship and Immigration Act, 2011  provides that no person who is not a citizen of Kenya shall enter or remain in Kenya unless they have the appropriate visa or work permit.

Kenya issues work permits to foreigners to run businesses or render much-needed charitable services to the benefit of the general public or a particular segment of the population.

Kenya has the following different categories of work permits for foreigners aspiring to work in the country:

  1. Class A. – Issued to persons who intend to engage in prospecting for minerals or mining;
  2. Class B. – Issued to persons wishing to invest in Agriculture and Animal Husbandry;
  3. Class D. –Issued to a person who is offered specific employment by a specific employer who is qualified to undertake that employment;
  4. Class G. – Issued to investors in specific trade, business or consultancy;
  5. Class I. – Issued to a member of missionary society approved by the Government of Kenya and whose presence is beneficial to the country;
  6. Class K. – Residence permit issued to persons who have an assured income derived from sources outside and undertakes not to accept paid employment of any kind; and
  7. Class M. –Issued to Conventional Refugees.

In order to apply for a work permit, a foreigner should apply online through the Electronic Foreign National Service (eFNS) portal and provide the required supporting documents.

Buying Property in Kenya

A foreigner can buy land, a house, an apartment or even office space in Kenya.

Employment

Employment in Kenya is mainly governed by the Employment Act, 2007 and its regulations. The Employment Act and its regulations provide the minimum terms of employment in Kenya that cannot be excluded from an employment contract. It is therefore important for each foreign employer and employee to get extensive legal advice on employment law in Kenya.

Consequently, any foreigner who establishes a company in Kenya and has employees will be liable to pay income tax on the employees’ remuneration as pay as you earn (PAYE). The Company will also be required to pay various statutory welfare payments including the National Social Security Fund and the National Health Insurance Fund for all their employees.

For more information or assistance with starting your life or business in Kenya, contact us on info@mmsadvocates.co.ke.

By Andrew Wanga

www.mmsadvocates.co.ke

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