The Primary law governing the issuance of permits is the Kenya Citizenship and Immigration Act. This law is gradually undergoing amendments which may have a positive impact on Foreign Direct Investment. Kenya is on the verge of adopting new Work Permits. This article breaks down the new changes and permits introduced by the Kenya Citizenship and Immigration (Amendment) Regulations, 2024.
Newly introduced Permits
A notably important permit was introduced via Legal notice number 179 0f 2024 on the 1st of October. This is the Class N: Digital Nomad Work Permit. This permit allows a foreigner working for an employer or Company which is not based in Kenya to work remotely from Kenya. This majorly applies to Jobs that can be done without the need of the employee’s physical presence like freelancing. This permit enables foreigners with a deep interest in Kenya to work in Kenya and even possibly become a citizen later on.
There are some Formal requirements and Conditions that have to be met for a foreigner to be eligible for a Class N work permit. The only formal requirement is a valid passports. The conditions for eligibility include:
- Proof of remote Work.
- Assured annual income of $55,000 USD derived from sources outside Kenya.
- Proof of Accommodation arrangement in Kenya.
- Proof of clean Criminal Record from the country of the habitual residence,
- An undertaking to engage in any employment whether gainful or not if it involves working for an employer or Company domiciled in Kenya.
- The foreigner has to show that his/her presence in Kenya is beneficial to the country.
This Change in Immigration law is indeed a positive change, however, the salary requirement might limit it to a few individuals. Aside from the class N permits, there are other permits that were newly introduced under the Kenya Citizenship and Immigration (Amendment) Regulations, 2024. The new sets of permits seek to remedy some gaps that were not properly addressed by the existing work permits. The table below illustrates how some of the Existing classes of permits will be affected by the new introductions:
Work Permits and investment Permits
| Original Permit | Introduced Permit | Impact and Difference |
| Class D (employment) | Class N – Digital Nomad
– |
Compared to class D which is limited to when the employer is domiciled in Kenya, Class N allows for a foreign employee whose employer is domiciled in another Country to work remotely in Kenya if such an employee prefers staying in Kenya. |
| Class G (Investor Permit – specific trade, business or consultancy) | Class N – (digital Nomad) | A foreign investor with a class N work permit will be able to work remotely in Kenya even when the employer is not domiciled in Kenya. |
Class I (approved religious and charitable activities) – it majorly applied to foreigners who were:
Class D (employment permit)
|
Class Q: (for professionals working with religious or Charitable Organisations) | Foreign professionals working with religious or charitable Organisations eligible for class Q are those not directly engaged in religious worship but majorly inclined to charitable missions.
Class Q therefore caters for foreigners who may engage in charitable work as doctors, teachers or nurses which are not directly related to preaching and worshiping for instance. The new regulation reduces the fee for eligible foreigners to acquire the Class Q permit from the typical Kshs. 50,000 (issuance fee for class I) to Kshs 20,000. This therefore means that such organisations do not have to rely on Class D to benefit from the services of missionaries. (Considering that the issuance fee for class D permit is Kshs 500,000 per year) |
| Class D
Class C |
Class P – for United Nations (UN) workers | This will apply to UN officials who may no longer have to rely on Class D or Class C permits. |
| Class D
Class G |
Class R – ( for nationals of EAC member states) | Only members of the East African Community (EAC) will be eligible to the Class R work permit. This Permit consolidates applicants who are nationals of EAC countries regardless of what they do. Whether a permit applicant is a a skilled employee, trader, farmer, unskilled employee or investors, eligibility is guaranteed as long as he/she is a member of EAC. |
Conclusion
These are some of the major changes that may shape the Kenyan immigration laws. These changes clearly show that Kenya is open to the idea of improving the economy through the introduction of new work permits. Religious organisations and charitable organisations will be relieved to a great extent due to support from foreign missionaries and professionals due to the reduced costs on work permits. Foreigners that will work in Kenya remotely will also help improve the Kenyan Economy due to the introduction of Class N – Digital Nomad Permit.
