IOC Law / Africa Intelligence / Kenya
Immigration and Work Permits in Kenya
Foreign nationals need the correct permit or pass before working. The Directorate of Immigration administers applications through the eFNS system; see the official work permits and passes page.
Class D concerns specified employment where the applicant has skills or qualifications not available in Kenya and the engagement benefits Kenya. Published requirements include local-recruitment evidence and a Kenyan understudy. Class G concerns a specified trade, business or consultancy. Other classes address prescribed professions, manufacturing, agriculture, mining and other activities. A special pass is not a universal substitute for the correct long-term category.
Align the sponsoring and employing entity, role, duties, location, duration and remuneration across the offer, contract, job description, organisation chart and application. Make employment conditional on permission and do not allow productive work on visitor status.
Maintain evidence of recruitment, understudy and skills transfer. Track permits, passports and dependent documents centrally. Promotion, employer change, new work location or altered duties may require immigration review before implementation.
Immigration status does not determine tax residence. Assess days, payroll, benefits and treaty position separately. A foreign executive negotiating or concluding contracts may contribute to permanent-establishment risk. At departure, complete payroll, tax, property recovery and any required immigration actions.