OMBETA OGONYO & CO.

ADVOCATES

TO

…………………………………………………………………

LEGAL OPINION

IN RESPECT OF APPLICATION FOR A WORK OR RESIDENCE PERMIT IN

KENYA

OMBETA OGONYO & CO.

ADVOCATES
KAKAMEGA DISTRICT CO-OP UNION HSE, 1ST FLOOR
KENYATTA AVENUE/ MUMIAS ROAD
P.O. BOX 1398 – 50100
KAKAMEGA
Tel: 0726595157/ 0732473935
Email: ombetaogonyo@gmail.com
INTRODUCTION

Foreigners can successfully and peacefully work and reside in Kenya, as long as a work and
residence permit has been obtained. A work or residence permit is issued to allow a person to
lawfully work and live in a particular country. The Ministry of Immigration in the Republic of
Kenya issues the work/ residence permits to Non-Kenyans wishing to engage in employment in
Kenya whether in gainful employment or voluntary service.

The Kenya Citizenship and Immigration Act, No. 12 of 2011 provides for matters relating to
immigration such as the issuance of work/residence permits, and this is specifically provided
under Section 40 of the Act. The main offices are located at Nyayo House in Nairobi. Foreigners
engaging in any work in Kenya without a permit are committing an offense and can lead to
immediate deportation and a ban from ever returning to Kenya.

This article shall focus on the process of obtaining a permit and the various types of
work/residence permits in Kenya.

POINTS TO NOTE WHEN APPLYING FOR A PERMIT.

The key points to note when intending to apply for a permit are as follows:

1. The kind of business/investment/employment/residence you intend to get involved in

determines the type of permit to be issued;

2. Proper documentation in regard to the kind of work you intend to carry out in Kenya is
not optional and all necessary licenses or authority to undertake the work should be
provided; and

3. The work intended to be carried out should be legal in Kenya.

The permits are classified from Class A to M and are issued in accordance with the Kenya
Citizenship & Immigration Act 2011 of the Laws of Kenya.

THE PROCESS OF APPLICATION

The process commences at the application stage which is facilitated by the Department of
Immigration on the Kenyan Immigration portal (https://fns.immigration.go.ke/). This is the
official digital payments platform that enables foreign nationals to access and pay for
government services online. One thus needs to first set up an account through the following link

https://fns.immigration.go.ke/

An application form provided on the platform needs to be duly filled. Depending on the category
or class of permit, the following need to be provided as you fill out the relevant application form.
This applies to all types of permits:
  Cover letter from employer/self/organization; depending on the class
 Copies of the National Passport
 Two recent colored passport-size photographs
 Application fees upon receipt of approval of the application

The duly completed application forms are then submitted.

Work permits are issued for a period of two years and so applications for renewal herein ought to
be done three months prior to the expiry date. This is for the purpose of giving the department
ample time to properly verify the application so that the renewal can happen systematically. If
employment or work comes to an end before the expiry of the work permit, the person will be
required to surrender the work permit and the foreigner’s certificate to the immigration offices
and then go back to his/her home country.

If the documents are in foreign languages, they should be translated into English by either the
Embassy, Public Notary, or authorized or recognized institution.

TYPES OF PERMITS

1. CLASS A (Mining permits)

This permit is issued to persons who are planning to engage in prospecting for minerals or
mining. The necessary licenses and registrations should be obtained. This can be obtained by
inquiring with the State Department of Mining and registering for access to the Mining Cadastre
Portal in person. Further instructions are provided for in the aforesaid entities. A processing fee
of Kshs. 10,000 should be paid when applying for this permit. A copy of the Kenya Revenue
Authority PIN certificate and current license will be required when renewing the permit.

2. CLASS B (Agricultural investors)

This one is issued to persons who intend to invest in Agriculture and Animal Husbandry. This
involves farming generally and the business of raising livestock for food or other products and
includes day-to-day care and selective breeding.

Requirements in applying for this permit include;

 Proof of land ownership or leasehold interest in land for purposes of carrying out the
business herein,
 Proof of capital available for the purpose and clearance from relevant bodies. Also, a fee
of Kshs. 100,000/= should be paid annually.

3. CLASS D (Employment permits)

This type of permit is issued to those who are offered specific employment by specific employers
qualified to undertake that employment and whose engagement in that employment is beneficial
to Kenya. Applying for this permit requires the applicant to produce copies of
academic/professional certificates along with the curriculum vitae, evidence that the organization
failed to fill the vacancy from the local labor market, and form 25 duly filled, signed, and sealed
by the company employing.

A processing fee of Kshs. 10,000 should be paid; this fee is non-refundable.

The annual fee for the permit is USD 2000 which translates to Kshs. 200,000 and the permit last
for a period of two years. The applicant may also be required to provide a security bond
amounting to Kshs. 100,000/= for a period of three years.

4. CLASS G (Investor Permits)

This permit is issued to investors in a specific trade, business, or consultancy. The investor may
intend to invest alone or in a partnership in a particular business or consultancy. He/she should
obtain the necessary license or authority necessary to carry out the purpose, should have
sufficient capital or resources to invest in the intended area and this investment should be
beneficial to the Republic of Kenya.

Proper documents regarding the company or business should be provided; for instance,
certificate of incorporation, articles of association, copies of PIN certificate, and shareholding
certificate also known as the CR12.

The investor should provide two copies of bank statements, a valid organizational tax
compliance certificate, and also documentary proof of capital to be invested and this should be at
least USD 100,000. He/she should indicate his current immigration status if in the country
already. All this information is required at the application stage.

When renewing the permit, audited accounts for the previous 2years and a certificate of tax
compliance from the Kenya Revenue Authority are required.
The processing fee, in this case, is Kshs. 10,000/= and it is nonrefundable and Kshs. 100,000/=
payable annually as the work permit fees.

5. CLASS I (Members of missionary societies)

This permit is issued to a member of a missionary society approved by the Government of Kenya
and whose presence is beneficial to the country. It is also referred to as the permit regarding
approved religious or charitable activities. This missionary society should be registered under the
Society’s Act.

The applicant should provide a copy of the registration certificate of the organization, his/her
academic and professional certificates, and the non-refundable processing fee of Kshs. 1,000/=.
The applicant should also indicate the current immigration status if in the country already. In
addition, the applicant should provide a valid organization Tax Compliance Certificate, and
when renewing the permit, he/she should provide both organization and individual Tax
Compliance Certificates from Kenya Revenue Authority.

The annual work permit fee is Kshs. 5,000/=.

6. CLASS K

It is a residence permit issued to those who have an assured income derived from sources outside
and have agreed to not accept paid employment of any kind. Also known as Ordinary Residents’
Permit.

The applicant should not be less than thirty-five years of age, have an assured annual income
of not less than USD 24,000/= derived from sources outside and will be remitted to Kenya, or be
derived from pension or annuity payable from sources in Kenya. The applicant should not accept
employment or engage in any work without a permit and whose presence in Kenya will be of
benefit to Kenya.

The processing fee is Kshs. 10,000 and is non-refundable as well. The annual work permit fee is
Kshs. 100,000/=.

7. CLASS M (Refugees)

This one is issued to Conventional Refugees. The applicant should provide recognition letters
from UNHCR and the Department of Refugees Affairs and indicate the current immigration
status. A valid organization Tax Compliance Certificate should be provided too, upon renewal
the individual Tax Compliance Certificate should be provided in addition to the one for the
organization as issued by the KRA. There is no charge for the processing fee and the permit.

Dependant Pass

Section 36 of the Citizenship and Immigration Act 2011 provides that passes shall be issued by
immigration officers in such manner as shall be prescribed in regulations.

Section 27 of the Citizenship and Immigration Regulations of 2011 (Rev. 2018) stipulates that a
person who is Kenya lawfully, is a Kenyan citizen, a person to whom Section 34(3) of the Act
applies, has a work permit or is a permanent resident may apply on behalf of his/her dependant
for a pass as stipulated in the regulations.

The immigration officer shall only issue a pass once he/she is satisfied that the ‘dependant’
indeed depends on the applicant, that the person is a spouse or a child of the applicant, that the
applicant is able to sufficiently take care of the dependant while in the country, and that the
applicant has observed any other key requirement as provided by law.

Upon completion of application of the Dependant pass, the applicant is required to pay Kshs.
5,000/= and the pass is valid for the period of the work permit.
CONCLUSION

In conclusion, the digitization of processes has made it easy for foreign nationals to apply for
various permits in Kenya.