Legal requirements foreigners seeking employment in Kenya

A foreigner who wants to be legally employed in Kenya must obtain a work permit. Under the Kenya Citizenship and Immigration regulations 2012, there are various types of work permits that one may apply for. A person wishing to be employed would apply for a Class D type of work permit. The current Class D permit was previously termed as Class A work permit in the repealed Immigration Act (CAP 172 Laws of Kenya).

The 7^th Schedule of the Kenya Citizenship and Immigration Regulations 2012 sets the following conditions on the Class D type of work permit:

1. The person must be offered specific employment by a specific employer, the government of Kenya or any other person or authority under the control of the Government or an approved technical aid scheme under the United Nations Organization or some other approved Agency (not being an exempted person under section 34(3),
2. Must be in possession of skills or qualifications that are not available in Kenya, and
3. The person’s engagement in that employment will be of benefit to Kenya.

Section 53 (1)(L)of the Kenya Citizenship and Immigration Act 2012 then makes it an offence for anyone who does not comply with a term or condition imposed by a work permit.

A person who obtains the Class D type of work permit must be employed by a specific employer. Failure to so comply will be an offence.  Important to note is that this type of work permit does not leave room for a holder of that class of work permit to work for many different people as ‘specific employer’ connotes a single employer.

The employer specified in the Class D work permit, is obligated to notify the Director of Immigration within 15 days of an employee ceasing employment with them. It would then follow that on ceasing employment with the specific employer, the work permit would stand as cancelled.

It is therefore advisable that once a person obtains the class D work, they abstain from engaging in activities that would lead to compromise of the employment status. Such activities would include engaging in consultancy, investment or other type of business. Anyone wishing to carry on consultancy activities or any type of business should obtain a class G type of work permit.