Kenya Citizenship Immigration Act, No. 12 of 2011 covers all matters immigration. One who is not a Kenyan citizen and wish to be in the country for various cause and purposes needs to operate through a permit issued by the Director of immigration.

Work permits in Kenya are classified in 12 classes from (A to M) with each class having its own requirements and qualifications. A processing fee, annual charges and tax obligations are some of the considerations for these different classes and also different variable application is attributed in some specific-sector of work.

Below are the different work permit classes within the Kenyan jurisdiction:

1. CLASS A (PROSPECTING & MINING)

This class covers entities and individuals desirous to prospects mining within Kenya. A pre-requisite to obtaining this permit one needs to obtain a mining license from the State Department of Mining. A proof of financial capacity is another requirement with the minimum permissible being (USD $100,000/-)

A non-refundable processing fee of KSH 10,500 applies with an additional annual charge of KSH 250,050/-

A tax compliance certificate is also a required document.

Renewal of the Permit entails the following statutory documents: signed audited accounts for the last year, a copy of the Kenya Revenue Authority PIN, an individual Tax Compliance Certificate, and current license.

2. CLASS B (AGRICULTURAL AND ANIMAL HUSBANDRY)

The Permit is issued to entities and individuals intending to participate in the Agriculture and Animal Husbandry Sectors in Kenya. To qualify for this Permit, one has to receive all the relevant permissions necessary to acquire an interest in land of sufficient size and one suitable to carry out the activities in the sector. A Proof of financial capacity is a requirement with the minimum amount being (USD $100,000).

Before the permit is issued one requires a tax compliance certificate in addition to a non-refundable processing fee of KSH. 10,050, and an annual fee of KSH. 100,050.

For renewal the following will be required, Current audited accounts and individual tax compliance certificates.

3. CLASS C (PRESCRIBED PROFESSIONS)

Permit is for certain designated professions and applies to entities or individual desirous to work in them solely or in partnership it includes any of the professions listed below: Legal profession, Surveyors, Estate Agent, Valuer, and Land Agent, Architects or Quantity surveyors, Pharmacists, Veterinary Surgeons, Engineers, Nursing Profession, Legal profession, Surveyors, Estate Agent, Valuer, and Land Agent, Architects or Quantity surveyors, Pharmacists, Veterinary Surgeons, Engineers, Nursing Profession, medical professions, dentists, Physiotherapists, Accountants, Chartered Secretaries, Actuaries, Scientist

The profession should have a beneficial attribute to Kenyans, and the person applying should be rightfully be qualified in the profession wishing to practice in and dully registered with a professional body in their country of origin.

Requirements include: valid tax compliance certificate, copies of certified academic and professional qualifications, a copy of the PIN Certificate. The Permit attracts a non-refundable processing fee of KSH, 10,050, and an annual fee of KSH. 100,050. A tax compliance certificate when renewing.

4. CLASS D (EMPLOYMENT)

This permit is designated for persons who have scheduled employment by either the government of Kenya, approved agency or under the United Nations.

Their engagements should be of beneficial attribute to the country. They must possess unique skill sets and qualifications.

Requirements include: valid tax compliance certificate, copies of certified academic and professional qualifications, a copy of the PIN Certificate, and a Tax Compliance certificate when renewing, a non-refundable processing fee of KSH. 10,050 and an annual fee of KSH. 200,050; a dully filled and signed Report on Employment (provided as Form 27, a certificate of registration of the organization and a clearance letter from relevant institutions.

5. CLASS F (SPECIFIC MANUFACTURING)

Permit relates to people intending to engage in specific manufacturing.

Requirements:

• Proof of financial capability of a minimum USD $100,000/-
• Registration, license and permission.
• Tax Compliance certificate.
• Registration certificate of the company.
• Articles of association.
• Memorandum of understanding.
• Copy of PIN certificate.
• A non-refundable processing fee of Kshs. 10,050 and an annual fee of Kshs. 100,050.

The engagements must be beneficial to the country.

Renewal of permit purposes require individual tax compliance certificate and current audited accounts.

6. CLASS G (SPECIFIC TRADE, BUSINESS, OR CONSULTANCY)

The Permit is issued to persons intending to engage in a specific trade, business, consultancy, or profession (other than the prescribed professions provided under Class C) in Kenya.

Requirement include:

• A certificate of Incorporation.
• Articles of Association.
• Dully filled and signed Report on Employment (provided as Form 27).
• Documentary proof of capital to be invested of at least USD $100,000
• Valid tax compliance certificate.
• A non-refundable processing fee is KSH. 10,050 and an annual fee of KSH. 100,050.
• For renewal purposes a signed current audited accounts and individual tax compliance certificates are required.
7. CLASS I (APPROVED RELIGIOUS OR CHARITABLE SOCIETIES)

Permit is designated for members or entities registered under the society’ acts and those members registered through the Trustees Act and approved by the Government of Kenya belonging to a trust. Additionally, a company incorporated and limited by guarantee. Their anticipated activities should be beneficial to Kenyans.

Requirements include:

• Valid organization Tax Compliance Certificate.
• Registration Certificate of the organization.
• Certified copies of professional certificates and academic certificates
• Non-refundable processing fee of Kshs. 1,000 and an annual fee of Kshs. 5,000.

For renewal purposes the following is required: an Individual Tax Compliance Certificate.

8. CLASS K (ORDINARY RESIDENTS)

The permit targets individuals who are above 35 years of age with an assured income of not less than USD $24,000 procured from different sources than the ones permitted by the other respective classes from outside Kenyan jurisdiction but remitted to Kenya nonetheless. The income may also be derived from pension or annuity payable from sources in Kenya.

Requirements include:

• Applicant not employed in Kenya.
• Applicant not to engage in any paying or unpaid income generating activity in Kenya without a permit.
• Applicant presence should be beneficial to Kenyans.
• Documentary proof of annual assured income of at least USD 24,000 from other sources of income other than employment, occupation, trade, business, or profession, income that is derived from sources outside Kenya remitted as pension or annuity, valid organization tax compliance certificate and individual tax compliance certificates for renewal.
• A non-refundable processing fee of KSH. 10,050 and an annual fee of KSH. 100,050.
9. CLASS M (REFUGEES)

It is issued to persons granted refugee status in Kenya who intend to engage in employment or specific trade ,occupation, business, or profession. Issued free of charge. An applicant for this permit should have a recommendation letter from the Department of Refugee Affairs, a valid organization tax compliance, and on renewal, an individual tax compliance certificate will also be required.

Kindly Note: The content of this blog post is intended to be of general use only and should not be relied upon without seeking specific legal advice on any matter.