Foreigners can register and own a company in Kenya with 100% ownership without any specific restrictions. However, foreign nationals who wish to own or run a business in Kenya must obtain an Investor Class D permit from the Immigration Department. This permit is not required if the foreign national does not intend to reside in the country.

It is important to note that conducting business or trade in Kenya with a valid Business Investor permit is legal. The provisions of the Immigration Act (Cap 172, Laws of Kenya) state that non-Kenyans must have a valid entry permit or pass to enter Kenya, and engaging in any employment, occupation, trade, business or profession without authorisation is punishable by a fine or imprisonment.

The Class D permit has legal restrictions on foreign ownership in specific industries, such as private companies that intend to purchase agricultural property, banking companies, security companies, and telecommunication companies. In addition, the investor must have a minimum of USD 100,000 or equivalent in a Bank account to qualify for this permit.

To register a limited liability company (LLC) in Kenya, a minimum of one director and shareholder and a registered office within the Republic of Kenya are required. There are generally no restrictions on foreign ownership of a company in Kenya, but certain types of businesses need a local shareholder.

Once the application is submitted, the Immigration Department presents it to a committee for approval, which can take two to six months. Before approving or rejecting the application, the committee considers the applicant’s potential to invest in the economy, potential for job creation, and nationality.

Upon approval and payment of the fees, the applicant receives a Class D Permit endorsed in their passport. If rejected, the applicant may appeal to the Minister or cancel their investment plans. Expert assistance is recommended to avoid rejection.

In conclusion, owning a company in Kenya as a foreigner is possible, but obtaining the necessary permits and following legal requirements is essential. Rayness Analytica offers immigration consultation and immigration law services to assist. For more details and insights, contact rna@raynessanalytica.com.