Immigration developments in Kenya
At a glance
- In the past three months, the Government has made changes to the immigration laws and regulations in Kenya by introducing new classes of work permits.
- It has also done away with the visa requirements for citizens of African states, other than Libya and Somalia.
- This article delves into the changes introduced by the Government and the intended effect of these developments.
1. CLASS N Permit: This permit is tailored for foreigners who live in Kenya but work remotely for foreign companies (companies not located in Kenya). Such people are considered to be digital nomads. The legal notice defines a digital nomad as “someone hired by a foreign company but works remotely from Kenya, or a freelancer in Kenya providing remote services to a company based abroad”.
To qualify for the Class N Permit the applicant must have a valid passport, provide evidence of remote work, provide proof of accommodation in Kenya, have a clean criminal record from their home country, have a guaranteed annual income of at least $24,000 from sources outside Kenya, and declare that they will not take up any paid or unpaid job or engage in any income-generating activities for a Kenyan-based employer or company.
This permit resolves the long-standing dilemma that faced unmarried foreign couples residing in Kenya where one couple held a Kenyan work permit and their partner was unable to qualify for a dependent pass on account of not having a marriage certificate. With the introduction of the Class N Permit the partner who doesn’t work for a Kenyan employer may reside in Kenya legally while still working remotely for their foreign employer.
2. CLASS P Permit: This permit is tailored for foreigners working with internationally recognised and accredited not-for-profit organisations (NPO) operating in neighbouring countries that are facing hardship.
The permit creates a safe abode for the dependents of such employees, allowing them to live in Kenya on dependent passes with the NPO employee being the principal permit holder. Previously, such dependents would have had to either find employment in Kenya or apply for an ordinary residence permit (Class K Permit).
3.CLASS Q Work Permit: This work permit is tailored towards foreign professionals working for religious or charitable organisations. Such people should not be involved in preaching or leading religious services or rituals, (if they are involved in such activities then the Class I Permit will be applicable) and their presence in Kenya will be beneficial to the country.
However, the question remains as to whether non-governmental organisations and public benefit organisations are categorised as charitable organisations and whether their employees qualify for the Class Q Work Permit.
4. CLASS R Permit: This class creates a permit category for citizens of countries that are members of the East African Community (EAC). Previously, citizens of EAC member countries would be required to obtain similar permits to citizens of non-EAC member countries but the application and issuance fees would be waived. With the creation of the Class R Permit the exemptions on applicable government fees have been upheld and the process of permit issuance to our neighbours can be better managed.
The information and material published on this website is provided for general purposes only and does not constitute legal advice. We make every effort to ensure that the content is updated regularly and to offer the most current and accurate information. Please consult one of our lawyers on any specific legal problem or matter. We accept no responsibility for any loss or damage, whether direct or consequential, which may arise from reliance on the information contained in these pages. Please refer to our full terms and conditions. Copyright © 2025 Cliffe Dekker Hofmeyr. All rights reserved. For permission to reproduce an article or publication, please contact us cliffedekkerhofmeyr@cdhlegal.com.
Subscribe
We support our clients’ strategic and operational needs by offering innovative, integrated and high quality thought leadership. To stay up to date on the latest legal developments that may potentially impact your business, subscribe to our alerts, seminar and webinar invitations.
Subscribe