Hiring Foreign Employees

The Kenyan government has implemented a comprehensive system for regulating foreign employment. Some of the key considerations for hiring foreign employees in Kenya include:

1. Legal requirement: Foreign nationals must obtain work permits before commencing employment in Kenya.
2. Employer responsibility: It is the employer's duty to secure the appropriate work permit or special pass for each foreign employee.
3. Penalties: Employing a foreign national without proper authorization is an offense, punishable by a fine of KES 500,000, imprisonment for up to three years, or both.

There are nine classes of work permits, each designed for specific types of employment, profession or activities:

1. Class A: For mineral prospecting or mining.
2. Class B: For agriculture and animal husbandry.
3. Class C: For prescribed professionals.
4. Class D: For specific employment with a particular employer.
5. Class F: For specific manufacturers.
6. Class G: For investors in trade, business, or consultancy.
7. Class I: For religious and charitable activities.
8. Class K: For retirees and individuals aged 35 or older with an assured income of $24,000 from outside Kenya.
9. Class M: For refugees and their spouses.

The primary consideration for granting work permits is whether the foreigner's presence will benefit Kenya.

Read More : Classes of Work Permit

Kenya offers special passes for foreign nationals seeking short-term work opportunities in the country. These passes have more flexible eligibility criteria compared to standard work permits. However, there are specific requirements that applicants must meet:

1. Existing Employment Offer: Applicants must have a job offer from a Kenyan employer before applying.
2. Specialized Skills: Candidates typically need to demonstrate that they possess unique skills or qualifications currently unavailable in the Kenyan job market.
3. National Benefit: In some cases, applicants may need to show how their work will contribute positively to Kenya in ways that would not otherwise be possible.
4. Short-term Nature: These passes are designed for temporary work assignments rather than long-term employment.
5. Open Qualifications: While requirements are more flexible, each application is assessed on its individual merits.

Kenya offers several other types of long-stay passes suitable for students, researchers, and other foreign nationals. These include:

1. Student's Pass: This pass allows foreign students accepted into Kenyan academic institutions to legally reside in Kenya for the duration of their studies.
2. Dependant's Pass: This pass enables dependents to stay in Kenya with their family member. It is available for family members of foreign nationals living in Kenya who are either Kenyan citizens, holders of a valid permit, or permanent residents.
3. Internship/Research Pass: Specifically for foreign nationals accepted into an internship program or research position with a Kenyan institution, this pass covers the duration of their program or research activities.

Each pass type has specific requirements and application processes. The appropriate pass depends on the individual's purpose for staying in Kenya, their employment status, and their relationship to other permit holders residing in Kenya.

Read More : Kenyan Passes