3 min read464 words
Author: Gallant Law & Associates · Published: June 2025 · Jurisdiction: Kenya
Legal context: Kenya Citizenship and Immigration Act, 2011 · Kenya Citizenship and Immigration Regulations, 2012
A foreign national who owns, manages or works for a business in Kenya needs a specific class of work permit before starting; which class depends on whether they are investing or being employed.
Class G: the investor permit
The Class G permit, commonly called the Investor Permit, is for a foreign national who intends to engage, alone or in partnership, in a specific trade, business or consultancy in Kenya. The Directorate of Immigration Services requires documentary proof of at least USD 100,000 in capital committed to that specific business, together with company registration documents, a CR12, and evidence of tax compliance. Processing carries a non-refundable application fee, with a separate, larger issuance fee charged annually once the permit is approved. A Class G permit is tied directly to the approved business activity and it does not authorise unrelated work.
Class D: employment by a Kenyan company
The Class D permit is different in that it is for a foreign national who has been offered employment by a Kenyan company, rather than investing personally. It does not require personal capital investment, but the employer must justify why the role could not reasonably be filled by a Kenyan citizen, and supports the application with company incorporation records, tax compliance status and a formal justification letter. The choice also affects family. A Class G permit generally allows the holder to bring dependants, while a Class D permit's dependant provisions are tied to the sponsoring employer, which matters when a founder is relocating with family.
Match the permit to the actual role
Choosing the wrong category is one of the more common reasons an application is rejected outright. An investor who is also drawing a salary from the business, or an employee who has also taken an equity stake, needs the permit that actually matches how they are engaged and not simply the one that seems closest.
Why approval must come before work begins
The consequences of getting this wrong are not just administrative. Under section 53 of the Kenya Citizenship and Immigration Act, a foreign national working without the required authorisation and the Kenyan entity that allows it can face substantial fines or imprisonment. For a business bringing in its own founders or specialist staff, this makes immigration planning a legal compliance question to resolve before anyone begins work in Kenya, not a formality to finalise once operations are already under way.
Coordinate permits with company registration
Gallant Law & Associates advises international businesses and their staff on selecting the correct permit category, preparing the supporting documentation, and sequencing immigration approval alongside company registration so operations aren't delayed, or exposed, by a mismatched permit.
Plan the Kenya entry sequence before capital moves
If this raises a question about your ownership, operating or regulatory structure, Gallant Law can help you coordinate the next steps.
This article is general legal information, not legal advice, and does not create a lawyer–client relationship.