How to get a work permit in Kenya: Requirements, process and fees for foreigners

The question has taken on fresh urgency after the government gave undocumented foreign traders 90 days to regularize their immigration, work-permit, business registration and licensing status.

The government has stressed that the directive does not target foreigners who are lawfully resident, employed or doing business in Kenya.

For anyone planning to take up employment, start a business or carry out professional work in Kenya, the starting point is simple:

Being allowed to enter the country is not the same as being allowed to work here.

Which foreigners need a work permit?

Kenya's immigration law requires a foreign national engaging in employment, business, trade, a profession or another occupation to have the appropriate authorisation.

The permit is not necessarily the same for everyone. Kenya has different classes covering employment, business, manufacturing, agriculture, mining, prescribed professions and other activities.

For someone who has been offered a specific job by a Kenyan employer, the most relevant route is generally the Class D Employment Permit.

Class D: The permit for foreign employees

The Class D permit is issued to a foreigner offered specific employment by a specific employer where the applicant has skills or qualifications that are not available in Kenya and the employment is considered beneficial to the country.

That means an overseas applicant is not simply assessed on whether they have found a willing employer.

Immigration requires evidence concerning the position, the applicant's qualifications and the effort made to recruit locally.

The employer must provide evidence of a competitive recruitment process showing that the vacancy could not be filled from the local labour market.

The application also requires details of a Kenyan understudy, including their identity, qualifications and contacts.

What documents are required?

For a Class D application, the Directorate of Immigration Services currently requires documents including a completed Form 25, a detailed cover letter from the employer, a valid passport, recent passport photographs, certified academic and professional certificates and the applicant's CV.

The employer also supplies its registration certificate and tax-compliance documentation, alongside Form 27 and information on the Kenyan understudy.

Where relevant, Immigration may also require clearance or approval from the appropriate professional or regulatory body.

Documents prepared in another language must be translated into English by an embassy, public notary or other authorized institution.

How do you apply for a work permit?

Applications are submitted online through the government's Electronic Foreign Nationals Services portal, or eFNS.

The applicant creates an account through the government Single Sign-On system, enters eFNS, selects permit issuance or renewal and uploads the required documents.

Once the application is completed, the system generates an invoice.

The applicant can then pay through the available online channels and track the application through the eFNS account and email notifications.

Immigration says permits and passes are printed from the portal once issued and presented to an immigration office for endorsement as required.

An incomplete application will not be accepted, and the processing fee is non-refundable.

How much does a Kenyan work permit cost?

For a Class D Employment Permit, the current Immigration Department fee schedule lists:

Processing fee: Sh20,000, non-refundable.

Issuance fee: KSh500,000 per year.

The department currently lists citizens of East African Community member states as exempt from those fees for the Class D category.

The fees are different for other categories, so choosing the correct permit matters.

Does the requirement include EAC citizens?

This is particularly important under the current debate.

An eligible citizen of an EAC member state has a specific immigration route under Class R.

The permit allows an EAC national to reside in Kenya and engage in employment, business, trade or a prescribed profession, subject to the applicable requirements.

The current Class R application requires documents such as a valid passport, photographs, a cover letter from the employer or organisation, registration documents and relevant academic or professional certificates.

Immigration currently lists the processing and final fees as Sh0 for EAC nationals.

But regional integration does not mean that an EAC citizen can simply arrive and start trading without documentation.

The government has specifically clarified that visa-free entry does not confer the right to work, trade or operate a business without the required authorization and licenses.

What if a foreigner wants to start a business?

A foreigner coming to Kenya to establish or operate a business generally falls under a different category.

The Class G permit covers specific trade, business or consultancy activities.

Among its requirements, Immigration asks applicants to demonstrate investment capital of at least US$100,000, alongside company registration, tax-compliance documents and relevant licences or approvals.

This distinction matters because a foreign entrepreneur is not using the same immigration route as a foreign employee taking up a job with an existing Kenyan company.

Can a visitor work in Kenya?

No, not simply because they have legally entered the country.

Kenya's immigration regulations restrict visitors from undertaking employment or income-generating activity without the required permission.

For certain short-term activities, a Special Pass may be appropriate instead of a long-term work permit.

The Special Pass is designed for temporary business, trade or professional activity in Kenya and is therefore different from a standard employment permit.

In practical terms, a visitor's status should not be used as a substitute for a work permit.

What happens when someone works without authorization?

Kenya's immigration law places obligations on both sides.

A foreigner cannot work in a capacity that their immigration status does not allow, while an employer cannot knowingly employ a foreign national whose status does not authorise employment or in a role different from the one authorised.

The law provides criminal penalties for breaches, including fines and possible imprisonment.

Employers also have duties relating to foreign-worker records and notification requirements.

A permit itself also comes with conditions.

Under the law, a permit can be invalidated if a holder takes up unauthorised employment or another occupation outside the activity for which the permit was issued.