How select foreigners can register and do business in Kenya under new rules

Kenya opened a 90-day regularisation window for foreign nationals conducting business or residing in the country, giving them time to bring their immigration, work, business registration and licensing documents into compliance.

The September 8 the announcement came after President William Ruto directed the government to tighten rules governing foreign participation in small-scale trade and informal businesses.

State House in its statement subsequently clarified that the measures do not amount to a blanket ban on foreign nationals and that foreigners lawfully residing, working, investing or doing business in Kenya remain protected.

For citizens of the East African Community (EAC), one of the most important and crucial documents one must have is the Class R permit, according to Prime Cabinet Secretary and Foreign Affairs Cabinet Secretary Musalia Mudavadi.

The Class R permit is a Kenyan immigration permit specifically for citizens of EAC member states who intend to reside in Kenya and engage in employment, business, trade, other activities or prescribed professions.

The Directorate of Immigration Services currently lists Class R as the relevant permit for EAC nationals and states that both its processing and issuance fees are Ksh0.

The permit was introduced through the Kenya Citizenship and Immigration (Amendment) Regulations, 2024, which established a dedicated category for EAC citizens.

The new system was subsequently operationalised by Immigration.

The Class R permit is available to citizens of Kenya's EAC partner states.

These include Uganda, Tanzania, Rwanda, Burundi, South Sudan, the Democratic Republic of Congo (DRC) and Somalia.

Kenya is itself an EAC member, but Kenyan citizens obviously do not require a foreign-national permit to live or work in Kenya.

Applicants must also not be classified as prohibited immigrants and must intend to reside in Kenya for a qualifying activity such as employment, business, trade or a prescribed profession.

The Class R permit is free. PCS Musalia Mudavadi in a media interview warned that an EAC citizen should not pay an agent or anyone else a government processing or issuance fee for the Class R permit.

"We wish to reiterate that nobody should be charging an EAC citizen for the Class R Permit, as the government has made it entirely free of charge with zero processing and issuance fees," he said.

However, this does not mean that every immigration, business or regulatory service connected to living in Kenya is free.

Foreign-national registration is a separate requirement for foreigners who stay in Kenya for more than 90 days.

The Directorate's current foreign-national registration page says such residents must register and provides a separate fee for the Foreign Nationals Certificate.

The Directorate's current service page lists Sh1,000 per year as registration fee or part thereof, while its 2025 Service Delivery Charter lists Sh5,000 per year.

Applicants should confirm the amount generated on the official eFNS system before making payment.

The official Immigration checklist requires a completed and signed Form 25, two recent passport-size colour photographs, a copy of the valid passport bio-data page and, where applicable, proof of the applicant's current immigration status.

Additional documents depend on what the applicant does in Kenya.

An employee may need a cover letter from the employer and organisational registration documents.

On the other hand, a trader or business operator may need business registration documentation, while professionals may be required to provide academic or professional certificates and relevant licences or clearance from their professional body.

Investors on their part may be required to provide evidence of capital investment, shareholding documentation and other proof relating to the investment.

Small-scale traders and labourers applying for renewal are specifically listed as requiring a Kenyan police clearance certificate.

Applicants should create or use their eCitizen single sign-on account, access the Electronic Foreign Nationals Services (eFNS) portal, select Apply Now, then go to Submit Applications and choose the permit issuance or renewal option.

After completing the application, the applicant can track the process through the online account. Immigration also requires applicants to print the relevant documents.

The Directorate says printed application documents should be presented at Immigration headquarters at Nyayo House in Nairobi or other designated regional offices for processing or endorsement, depending on the service.

The government says foreign nationals conducting business must ensure their immigration status, work permits, business registration and licensing are compliant.

An EAC citizen operating a shop, providing professional services or running another business should not assume that obtaining a Class R permit automatically completes every legal requirement for the business.

Business registration, tax obligations, county licences and sector-specific requirements remain separate matters.

The government in its announcement also said the regularisation exercise is intended to give affected foreigners a structured opportunity to comply before enforcement of the applicable requirements is carried out more strictly.