Typically via the national portal with a name search, director/shareholder details, company documents, tax registration, and local licensing. If hiring or working, ensure immigration compliance. We’ll match you to corporate/immigration counsel.

Yes for many activities (banking, vehicle purchase, some leases). Our partners help you apply correctly.

Yes, you can have expat clients while working remotely under a digital nomad visa, but there are important tax implications to consider: 

Digital Services Tax (DST) Requirements: 

If you provide digital services to clients located in Kenya, you’ll be subject to Kenya’s Digital Services Tax at 1.5% of gross transaction value. This applies when: 

• Clients access your services from devices in Kenya 
• Payment is made using Kenyan financial institutions 
• Services are acquired using Kenyan IP addresses or phone codes 
• Clients have business or residential addresses in Kenya  

Work Permit Considerations: 

Since you’re providing services to clients in Kenya, this could be considered business activity that requires a work permit, especially if you’ll be resident in Kenya. Our immigration laws require foreigners to obtain appropriate visas or work permits before settling in Kenya.   

Tax Liability: 

The DST applies to both resident and non-resident income derived from digital services utilized by users located in Kenya. You’d be liable for this tax regardless of your visa status. 

Recommendation: 

Consider consulting with the Immigration Department about whether servicing Kenyan clients under a digital nomad visa requires a Class G work permit for business activities to ensure full compliance. 

If your expat clients don’t have a business or residence in Kenya, you may not be subject to Digital Services Tax (DST) for those specific clients. 

DST User Location Requirements: 

The DST only applies when providing services to users located in Kenya. A user is considered located in Kenya if they meet any of these conditions: 

• Access services from devices in Kenya 
• Pay using Kenyan financial institutions 
• Use Kenyan IP addresses or phone codes 
• Have business, residential or billing addresses in Kenya  

Your Situation: 

If your expat clients don’t have business or residential addresses in Kenya, and they’re accessing your services from outside Kenya using non-Kenyan payment methods and IP addresses, then the DST likely wouldn’t apply to those transactions. 

However: 

You’d still need to track where each client is located and which services trigger DST obligations, as the tax applies to both resident and non-resident income when services are utilized by users located in Kenya. 

Recommendation: 

Keep detailed records of client locations and service delivery points to ensure proper DST compliance for any Kenya-located users while exempting those clearly outside Kenya’s jurisdiction. 

Yes, you’ll need a business permit regardless of where you reside. To conduct any business within Kenya’s counties, you require a Single Business Permit from the respective county government where your business operates. 

The Unified Business Permit consolidates all necessary licenses including trading license, fire clearance certificate, health certificate (if applicable), food hygiene license (for consumables), and advertising signage license. This permit is valid for one calendar year and must be renewed annually. 

As a foreign business owner, you can wholly own certain business entities like private limited companies or sole proprietorships without requiring residency in Kenya. However, the business permit requirement applies to all businesses operating within county jurisdictions, regardless of the owner’s residence status. 

The permit ensures your business complies with local regulations and allows you to legally conduct business operations, including banking transactions as a signatory. 

Here are additional key things foreigners and entrepreneurs should know: 

Employment Law Compliance: 

If you hire employees, you’ll be liable for income tax on their remuneration as Pay-As-You-Earn (PAYE). You must also pay statutory welfare payments including National Social Security Fund and National Health Insurance Fund for all employees. 

Legal Framework Understanding: 

Your business will be subject to various laws including taxation, employment regulations, consumer protection, health and safety planning, workplace injury laws, and environmental protection laws. 

Professional Legal Support: 

Consider hiring a lawyer for drafting Memorandum and Articles of Association, Statement of Nominal Capital, and contracts. Professional legal advice is valuable for business compliance. 

Expatriate Staff Considerations: 

Investors can have expatriate staff in senior management or where locals with specific skills aren’t available. Work permits are valid for maximum two years and renewable through the Immigration Department. 

Property Rights: 

Our Constitution guarantees property rights to everyone, including foreign nationals, making property investment viable for inheritance planning. 

Public Company Requirements: 

For public companies, 30% of shares must be held by Kenyans, with minimum three directors and seven shareholders required. 

Yes! As a foreigner, you can own 100% of certain business types in Kenya: 

Sole Proprietorship: 

This type of entity can be wholly owned by a foreigner.  

Private Limited Company: 

A private limited company can be wholly owned by a foreigner, and some argue that a work permit may not be required in its formation. There is no requirement for a resident director or a company secretary. 

General Rule for Private Companies: 

Individual shareholders may either be Kenyan citizens or foreigners. There is no mandatory requirement for local shareholders, except in regulated industries such as the telecommunications industry.  

Exception – Public Companies: 

For public limited companies, 30% of the shares must be held by Kenyans. 

Regulated Industries: 

Some sectors like telecommunications require local ownership – the Communications Authority requires certain companies to have local shareholding. 

So, for most business types, you can maintain 100% foreign ownership! 

Yes! A visitor with a five-year visa can start a business in Kenya, but you may need to obtain a work permit if you plan to be actively involved in running the business while residing in Kenya. 

Business Entity Options: 

• Sole Proprietorship – Can be wholly owned by a foreigner 
• Private Limited Company – Can be 100% foreign-owned with no requirement for a resident director or company secretary 
• Limited Liability Partnership – Available to foreigners 

Key Requirements: 

You’ll need to complete name search and reservation, then fill required forms (CR1, CR2, CR8, and Statement of Nominal Capital for companies). You’ll also need names, addresses, passport photos, KRA PIN certificates, and copies of IDs for all directors and shareholders. 

Work Permit Consideration: 

While some argue a work permit may not be required for forming a private limited company, if you’ll be resident in Kenya and actively managing the business, you should obtain the appropriate work permit to comply with our immigration laws. 

Additional Steps: 

After registration, you’ll need business permits from county governments and essential certificates including PIN, VAT registration, and NHIF registration. 

While you can technically start a business during a 90-day visit, this approach has important legal considerations: 

Business Registration: 

Yes, you can register a business entity like a sole proprietorship or private limited company during your visit. Registration typically takes 7 days for sole proprietorships.  

Work Permit Requirements: 

However, if you plan to be actively involved in running the business while in Kenya, you may be required to obtain a work permit, especially if you’ll be resident in Kenya. 

Registration Requirement: 

Our immigration laws require all foreign nationals’ resident in Kenya for more than 90 days to register with authorities.  

Legal Compliance: 

Our immigration laws require foreigners to obtain appropriate visas or work permits before settling in Kenya.  Repeatedly entering on visitor status while actively managing a business could raise compliance questions. 

Recommendation: 

For ongoing business operations, consider obtaining the proper work permit (Class G for business investment) to ensure full legal compliance rather than relying on repeated visitor entries. 

Yes! You can handle most business registration steps from the US: 

Online Registration: 

• Name search and reservation through eCitizen portal 
• Fill required forms (CR1, CR2, CR8, Statement of Nominal Capital for companies or BN2 for sole proprietorships) 
• Upload documents and complete registration online  

What You Can Do Remotely: 

• Register sole proprietorship (takes 7 days) 
• Register private limited company 
• Draft legal documents like Memorandum and Articles of Association 
• Obtain KRA PIN certificates 

Required Documents: 

You’ll need names, addresses, passport photos, and copies of passports for all directors/shareholders. 

Limitations: 

• Limited Liability Partnership registration must be done manually at Registrar of Companies (Sheria House) 
• Some permits and approvals may require physical presence 
• Banking setup typically requires in-person visit 

Important Note: 

While you can register the business remotely, if you plan to actively manage it while residing in Kenya, you’ll still need the appropriate work permit before entering the country. 

Yes, you can have your headquarters in the US while registering your business in Kenya! This is a common setup for international businesses. 

Branch of Foreign Company Option: 

You can register a branch of your US company in Kenya. You’ll need: 

• Copy of Memorandum and Articles of Association of your US parent company 
• List of directors/shareholders with full details 
• Registered office address in Kenya 
• Full details of an authorized local representative in Kenya  

Registration Requirements: 

For the Kenya registration, you’ll need a registered office address in Kenya, but your operational headquarters can remain in the US. The registration process takes 3-5 days once all required information is submitted. 

Key Considerations: 

• You must have a registered office address in Kenya for legal and compliance purposes 
• An authorized local representative in Kenya is required 
• You’ll need to file your US parent company’s audited financial statements annually with Kenya’s registrar of companies 
• Tax obligations will apply as advised by Kenya Revenue Authority 

This structure allows you to maintain US operations while having a legal presence in Kenya for business activities. 

Having your headquarters in the US with a Kenya branch will create tax obligations in both countries: 

Kenya Tax Obligations: 

Your Kenya branch will be subject to relevant applicable taxes as advised by Kenya Revenue Authority, including: 

• Income tax (corporate tax, PAYE, withholding tax) 
• VAT (if revenue exceeds threshold) 
• Rental income tax (if applicable) 
• Excise duty (on specific goods/services)  

Annual Filing Requirements: 

You must file your US parent company’s audited financial statements with Kenya’s registrar of companies annually, along with a declaration confirming the same. 

Tax Compliance Requirements: 

In Kenya, you’ll need to file all tax returns on or before due dates, pay all applicable taxes on time, and clear any outstanding tax debt to maintain compliance.  

US Tax Implications: 

Your US headquarters will likely remain subject to US tax laws on worldwide income, though specific treatment of the Kenya branch income depends on US tax regulations and any tax treaties between the countries. 

We recommend consulting with tax professionals in both countries to understand the complete tax implications and any available treaty benefits. 

Perfect! If you’re only registering the business in Kenya (not the US), then you’ll have simpler tax obligations: 

Kenya Tax Requirements: 

Your Kenya-registered business will be subject to relevant taxes including: 

• Income tax (corporate tax, PAYE, withholding tax) 
• VAT (if revenue exceeds threshold) 
• Excise duty (on specific goods/services) 
• Other applicable taxes as advised by Kenya Revenue Authority  

Business Registration Options: 

You can register as: 

• Sole Proprietorship – Can be wholly owned by a foreigner, takes 7 days  
• Private Limited Company – Can be 100% foreign-owned with no requirement for resident director or company secretary 

Tax Compliance: 

You’ll need to file all tax returns on or before due dates, pay all applicable taxes on time, and clear any outstanding tax debt to maintain compliance.  

Since the business is only registered in Kenya, you won’t have the complexity of branch registration or filing US parent company statements – just standard Kenya business tax obligations. 

Having a US address without US business registration doesn’t negatively affect your Kenya registration – it’s quite straightforward! 

For Kenya Registration Requirements: 

You’ll need to provide a proposed physical address of the business in Kenya during registration, along with names, addresses, passport photos, KRA PIN certificates, and copies of IDs for directors/shareholders.  

Your US Address Role: 

Your US address would simply be listed as your personal residential address in the registration documents. When registering, directors and shareholders must provide their residential addresses regardless of where they’re located globally.  

No Complications: 

Since you’re only registering in Kenya (not as a branch of a US company), there are no additional requirements like filing US parent company statements or providing US incorporation documents.  

Business Entity Options: 

• Sole Proprietorship – Can be wholly owned by a foreigner, takes 7 days 
• Private Limited Company – Can be 100% foreign-owned with no requirement for resident director or company secretary 

The registration process remains the same whether you’re residing in the US, Kenya, or anywhere else – you just need the required documents and can complete most steps online through the eCitizen portal. 

Yes! You can run a registered business in Kenya from another country. Here’s what you need: 

Business Registration Options: 

• Sole Proprietorship – Can be wholly owned by a foreigner and completed online through eCitizen portal (takes 7 days)  
• Private Limited Company – Can be 100% foreign-owned with no requirement for a resident director or company secretary 

Key Requirements: 

• Complete registration online via eCitizen portal with required forms (BN2 for sole proprietorship, CR1/CR2/CR8 for companies) 
• Provide names, addresses, passport photos, KRA PIN certificates, and copies of IDs 
• Have at least one Kenyan director for eCitizen platform access to submit forms easily  

Important Considerations: 

• You may need a work permit if you plan to be resident in Kenya while actively managing the business 
• Essential certificates needed: PIN, VAT registration with KRA, NHIF registration (mandatory), and NSSF registration 
• Business permits from county governments where you operate 

Work Permit Note: 

Investors can have expatriate staff in senior management positions. Work permits are valid for maximum two years and renewable through Immigration Department.