A job offer in Nairobi, or a plan to build a business here, raises the first legal question: what permission is needed to live and work in Kenya? Under the Kenya Citizenship and Immigration Act 2011 and its Regulations, permits and passes are granted by class, and each class is tied to a defined activity. Choosing the wrong class, or starting work before one is issued, creates problems that follow the file.
Quick answer: a foreign national needs an entry permit or pass that matches the activity to be carried out. The Directorate of Immigration Services publishes classes for employment, trade and business, prescribed professions, manufacturing, specific sectors and residence. Applications are lodged online, and the permit is endorsed and tied to the activity described in the application.
What a work permit is
Under the Act and its Regulations, a foreign national who wishes to take up employment, engage in business or reside long term in Kenya generally requires an entry permit issued by the Directorate. Working on a visitor’s status, or before a permit is issued, is an immigration problem for both the individual and the employer.
A permit is normally endorsed in the applicant’s passport, may carry conditions about the employer, role or activity, and is issued for a fixed term. Those features explain why the choice of class matters so much: the class determines what the holder may lawfully do, and a change in activity may require a variation or a fresh application.
The classes the Directorate publishes
The Directorate publishes the classes of permits and passes on its website. The table below summarises the headings it uses; the current requirements for each class should be confirmed on the Directorate’s pages before an application is prepared.
| Class | Activity described by the Directorate | Who it commonly suits |
|---|---|---|
| Class A | Prospecting and mining | Foreign nationals working in the extractive sector through an approved vehicle |
| Class B | Agriculture and animal husbandry | Investors or managers in agricultural enterprises |
| Class C | Prescribed profession | Professionals whose occupation is prescribed |
| Class D | Employment | Employees offered a specific role by a named employer |
| Class F | Specific manufacturing | Investors or managers in manufacturing operations |
| Class G | Specific trade, business or consultancy | Founders, partners and consultants running a Kenyan enterprise |
| Class I | Approved religious and charitable activities | Personnel of approved religious and charitable organisations |
| Class K | Ordinary residents | Long-term residents assessed on the Directorate’s criteria |
| Class M | Refugees | Persons recognised under the refugee framework |
Employment and business routes in practice
In commercial practice, two routes arise most often. Class D covers a person offered specific employment by a named employer, where the employer shows that the role requires the applicant’s particular skills. Class G covers a person who intends to engage in trade, business or consultancy in Kenya, usually through a locally registered enterprise. Class K covers ordinary residents and is assessed on its own criteria. The Directorate’s page for each class should be consulted for the current requirements.
The right class is determined by what the person will actually do, not by the label that appears easiest to process. A founder who will run the enterprise is in a different position from an executive deployed to an existing business, and a consultant working across several clients is in a different position again.
What an application involves
Permit and pass applications are made and submitted online through the Directorate’s Foreign Nationals Services portal, with the supporting documents uploaded. Once the permit is processed and issued, the applicant prints it and presents it at the immigration office for endorsement. The published requirements differ by class, so the checklist for the chosen class should be followed exactly.
Applications commonly call for the applicant’s passport and photograph, current immigration status, curriculum vitae and qualifications, a contract of employment or business documents, police clearance and medical reports, together with the enterprise documents that support the chosen class. Because requirements change, the Directorate’s current page should be checked before filing rather than relying on an old list.
Conditions attached to a permit
A permit may be subject to conditions, such as employment by a specified employer in a specified role or engagement in the activity described in the application. A change of employer or job title generally requires a fresh application or a variation before the new engagement begins. Permits are issued for fixed terms and must be renewed before expiry to keep status lawful.
Conditions are not administrative decoration. Working outside them can affect the current permit and future applications, and an employer that relies on an unauthorised arrangement carries its own exposure.
Timing and sequencing
Processing times vary, so the permit timeline should be built into any relocation or investment plan from the start. Corporate steps such as incorporation, licensing, bank account opening and tax registration take their own time, and the permit application may rely on documents produced by those steps. Dependants’ passes should be planned alongside the principal application.
When to get advice, and a pre-application checklist
Take advice before lodging where the activity spans more than one class, the applicant has held a different status, the enterprise is in a regulated sector, or a previous application was refused. Our governance advisory practice advises employers and individuals on permit classes, applications and compliance. Related guides cover the Class G investor permit and hiring foreign staff in Kenya. For a confidential first assessment, contact the firm.
- Describe the activity precisely and match it to the correct class.
- Check the current requirements on the Directorate’s page for that class.
- Confirm that the employer or enterprise documents support the application.
- Align the application with incorporation, licensing and tax steps.
- Plan dependant passes alongside the principal application.
- Check passport validity and immigration history before filing.
- Diarise the endorsement step and the renewal date.
- Take advice before filing if the activity crosses classes.
Primary sources
- Directorate of Immigration Services: work permits and passes, for the classes and the application route.
- Directorate of Immigration Services: Class G permit, for an example of class-specific requirements.
- Kenya Law, for the current text of the Kenya Citizenship and Immigration Act 2011 and subsidiary legislation.
This article is general information, not legal advice.
