Kenya permits foreign nationals to work, conduct business, practise certain professions, and engage in other approved activities, but immigration authorization is generally required before a foreign national begins an activity that requires a permit or pass.

The Kenya Citizenship and Immigration Act, 2011 provides the statutory framework for work and residence permits, while the Directorate of Immigration Services administers applications and the different permit categories.

What Is a Work Permit in Kenya?

A work permit is an immigration document issued by the Director of Immigration Services that enables a foreign national to undertake specified employment, business, professional, or other approved activities in Kenya.

Kenya has several permit classes since the requirements differ depending on what the foreign national intends to do. The immigration framework covers activities ranging from employment and business to agriculture, manufacturing, professional practice, remote work and religious activities.

Can a Foreigner Work in Kenya?

Yes, but they must have immigration status that authorizes the intended employment or activity, unless a specific exemption applies.

Section 45 of the Kenya Citizenship and Immigration Act requires an employer to obtain a work permit or pass conferring the right to employment before employing a foreign national. It also prohibits employing a foreign national whose status does not authorize employment or who works outside the terms or capacity permitted by that status.

Kenyan immigration law further provides that a person who engages in employment, occupation, trade, business or a profession without the required authorization commits an offence, subject to applicable exemptions.

What Are the Work Permit Classes in Kenya?

Kenya’s immigration framework provides different permit classes depending on the activity a foreign national intends to undertake. The fees below are based on the Directorate of Immigration Services’ published service information and may be subject to change.

• Class A – For a foreign national intending to engage in mineral prospecting or mining in Kenya, with the required licences, resources, and investment. The fee is KES 20,000 for processing and KES 500,000 per year for issuance; qualifying East African Community (EAC) nationals are exempt from the fees.
• Class B – Applies to foreign nationals intending to engage in agriculture or animal husbandry and requires suitable land, sufficient resources and the necessary permissions. The applicable fee is KES 20,000 for processing and KES 250,000 per year for issuance.
• Class C – For foreign nationals who belong to a prescribed profession and intend to practise that profession in Kenya, subject to the required qualifications and professional registration. The fee is KES 20,000 for processing and KES 250,000 per year for issuance.
• Class D  – Applies to a foreign national offered specific employment by a specific employer where the applicant has skills or qualifications not available in Kenya and the employment will benefit Kenya. The fee is KES 20,000 for processing and KES 500,000 per year for issuance.
• Class F – Covers foreign nationals intending to engage in specific manufacturing activities and requires the necessary licences, resources and approvals. The fee is KES 20,000 for processing and KES 250,000 per year for issuance.
• Class G – Applies to foreign nationals intending to engage in a specific trade, business, consultancy or qualifying profession other than a prescribed profession. The fee is KES 20,000 for processing and KES 250,000 per year for issuance, and applicants must meet the relevant capital, licensing and business requirements.
• Class I – Intended for qualifying foreign nationals engaged in approved religious activities, including certain missionary and worship-related activities. The fee is KES 5,000 for processing and KES 20,000 per year for issuance.
• Class K – Applies to certain foreign nationals aged at least 35 who have an assured annual income of at least USD 24,000 from qualifying sources and who undertake not to work or engage in income-generating activity without the relevant permit. The fee is KES 20,000 for processing and KES 250,000 per year for issuance.
• Class M – For persons who have been granted refugee status in Kenya and, in specified circumstances, their spouses who intend to work or engage in a specific occupation, business or profession. Processing and issuance are free of charge for this category.
• Class N – For qualifying foreign nationals who work remotely from Kenya for a company registered outside Kenya or provide qualifying services to clients outside the country. The fee is USD 200 for processing and USD 1,000 per year for issuance, with applicants required to provide evidence such as recent income records and accommodation.
• Class P – Covers qualifying staff of the United Nations, diplomatic missions, intergovernmental organizations and certain international non-governmental organizations. The issuance fee is USD 1,000 per year, although applicable diplomatic and organizational exemptions may apply.
• Class Q – For qualifying professionals working for religious or charitable organizations who are not involved in preaching or conducting religious worship and rituals. The fee is KES 20,000 for processing and KES 100,000 per year for issuance.
• Class R – For qualifying citizens of East African Community member states who intend to reside in Kenya and engage in employment, business, trade or a prescribed profession. No processing or issuance fee is charged for this category.

Exemptions

Kenyan immigration law also provides for certain persons or categories of persons to be exempt from obtaining a work permit where the Cabinet Secretary has granted an exemption through a Gazette notice. Whether an exemption applies depends on the person’s circumstances and the relevant legal provision.

How Do You Apply for a Kenya Work Permit As a Foreigner?

Applications for Kenyan work and residence permits are submitted online through the eFNS portal. Applicants create or access their Government of Kenya Single Sign-On account, select the relevant permit application, complete the required forms, upload supporting documents and make the applicable payment.

Once the Directorate processes and issues an application, it instructs applicants to print the permit from the eFNS portal and present it to an immigration office for endorsement, where required.

The documents required depend on the category. For example, a Class D application may require employer information, professional qualifications and details of a Kenyan understudy, while a Class G application requires evidence relating to the proposed business and available capital.

Can You Start Working While Your Application Is Pending?

A pending application should not automatically be treated as permission to work.

Section 45 of the Kenya Citizenship and Immigration Act places the responsibility on the employer to obtain the work permit or pass that authorizes the foreign national’s employment before granting employment.

The foreign national and employer should therefore establish whether the person’s existing immigration status already permits the proposed work rather than relying solely on the fact that an application has been submitted.

What Should Employers Know About Hiring Foreign Nationals?

Employers have specific obligations when hiring foreign nationals in Kenya.

They must ensure that the person entered Kenya lawfully, has immigration status that authorizes employment and works within the terms and capacity permitted by that status. Employers must also apply for and obtain the relevant work permit or pass before granting employment.

For certain categories, such as Class D, the application process also requires information about the employer, the position, the foreign national’s qualifications and a Kenyan understudy.

NB: Immigration compliance should therefore be addressed before employment begins.

What Happens If a Foreigner Works Without the Required Permit?

Working or conducting business without the required immigration authorization can have legal consequences.

The eFNS specifically states that engaging in business or employment without the requisite permit or pass is an offence. The Kenya Citizenship and Immigration Act also provides offences relating to unauthorized employment and employing foreign nationals whose status does not authorize employment.

The consequences of a particular situation will depend on the person’s immigration status, the activity undertaken and the applicable provisions of Kenyan law.

Sources & Further Reading

• Kenya Citizenship and Immigration Act, 2011 — Kenya Law
• Directorate of Immigration Services — Work Permits and Passes — Directorate of Immigration Services
• eFNS — Immigration Permit Information Pack — eFNS Permit Information Pack