Doing Business in Kenya - RSM International

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Transit VisasThese are visas required by all persons whose nationalities require visas to enterKenya and are intending to transit through Kenya to a third destination for periodsnot exceeding 3 months.Diplomatic VisasDiplomatic (Multiple, Ordinary or Transit) visas are issued gratis to holders ofDiplomatic Passports on official visits.Official/Service VisasOfficial/Service (Multiple, Ordinary or Transit) visas are issued gratis to holders ofOfficial or Service passports on official visits.Multiple Journey VisasAll persons who are nationals of countries which require visas for Kenya and whoby nature of their business or circumstances are required to make frequent visits toKenya may be issued with Multiple Journey Visas for Kenya valid for up to 12 monthsor part thereof as the case may be.Courtesy VisasCourtesy (Transit and Ordinary) visas may be issued gratis in accordance with theProvisions of Categories 1, 2 and 3 of the Visa Regulations, where the applicant is notentitled to a Diplomatic Visa, but where it is considered by the issuing officer to bedesirable on the grounds of international courtesy.The possession of a visa for Kenya is not the final authority to enter Kenya. TheImmigration Officer at the port of entry may refuse such a person permission to enterif he is satisfied that such a visitor is unable to fulfil the immigration requirementsand that the entry and presence of such a visitor in Kenya would be contrary tonational interests even though such a person may be in possession of a valid visafor Kenya.5.2 Foreign Personnel5.2.1 Permits & PassesPermits are issued to any Non-Kenyans wishing to engage in employment in Kenyawhether in gainful employment or voluntary service. The general requirements forobtaining a permit are a duly filled and signed requisite application form (Form3), a covering letter from employer, self or organisation depending on the class(as applicable), copies of the National Passport and two coloured passport sizephotographs of the applicant.Permits issued by the Immigration Department are classified from A to M inclusive.The following are some of the pertinent classes of Permits and their respectiverequirements:62DOING BUSINESS IN KENYA
Class A is issued to a person who is offered specific employment by a specificemployer who is qualified to undertake that employment. One is required to presentcopies of academic/professional certificates along with the CV, evidence that theorganisation failed to fill the vacancy from the local labour market, and the requisiteform dully filled, signed and sealed by the company. The fee for such a permit is Shs100,000 per year. The maximum period of the permit is 2 years and it can be renewedon application.Class D is issued to a holder of a Kenya Dependant’s pass who is offered specificemployment by a specific employer who is qualified to undertake that employment.One is required to present the dependant pass and copies of academic/professionalcertificates along with the CV. The requisite fee is Shs 50,000 per year.Class E is issued to a member of a missionary society approved by the Governmentand whose presence is beneficial to the country. One is required to present a copyof the registration certificate of the organisation and academic and professionalcertificates of the applicant. Fee payable is Shs 2,000 per year.Class F is issued to persons wishing to invest in agriculture and animal husbandry.One is required to present proof of land ownership or leasehold interest in land forthe purpose, proof of capital available for the purpose, clearance from relevantbodies and copy of PIN. Fee charged for this permit Shs 50,000 per year.Class G is for persons intending to engage in prospecting for minerals or mining. Oneis required to submit with the application the necessary licenses and registrationsheld for prospecting minerals and a copy of the PIN. The application must besupported with proof of funds to carry out mining activities.Class H is issued to investors in trade or business (other than a prescribedprofession). One is required to present documentary proof of capital to be invested/already invested a minimum of Shs 10,000,000 or equivalent in any other currency,certificate of incorporation/registration, copies of personal and company PIN. Forrenewals, audited financial statements for the previous 2 years and a certificate oftax compliance from KRA are required. The applicable fee is Shs 50,000 per year.Class I is for investors in the manufacturing sector. The applicant is required topresent copy of license held, proof of funds for investment of Shs 10,000,000 orequivalent in any other currency and copy of the registration certificate of thecompany. For renewals, audited financial statements for the previous 2 years and acopy of the company PIN are required. The fee for this permit is Shs 50,000 per year.Class J is issued to persons wishing to practice certain prescribed professions. Onemust provide proof of membership to a prescribed profession, copies of academicand professional qualifications and copies of personal PIN. Fee applicable is Shs50,000 per year.DOING BUSINESS IN KENYA63
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2.0 General2.1 IntroductionKenya li
Page 13 and 14: Kenya Tanzania Uganda Rwanda Burund
Page 15 and 16: A huge chunk of the Act regulates m
Page 17 and 18: • Stamping of the Memorandum of A
Page 19 and 20: the Registrar within a statutory pe
Page 21: 3.2.3 Thin CapitalisationThin capit
Page 24 and 25: Where a business is carried on or e
Page 26 and 27: territory or domestic market. Motor
Page 28 and 29: • Unrealised foreign exchange los
Page 30 and 31: 4.2.6 Business with Non-Resident Pe
Page 32 and 33: Installments Due Date RateNon-Agric
Page 34 and 35: The current Personal Income Tax rat
Page 36 and 37: c) Housing• The higher of market
Page 38 and 39: partnership in which the husband or
Page 40 and 41: (1) East African Community partner
Page 42 and 43: Where the taxpayer still disputes w
Page 44 and 45: The VAT rates applicable in Kenya a
Page 46 and 47: 4.8.4 De-registration and Disposal
Page 48 and 49: • Payment is received for all or
Page 50 and 51: 4.8.7 Records, Invoices, Credit and
Page 52 and 53: A credit note should be serially nu
Page 54 and 55: However, where a motor vehicle or o
Page 56 and 57: Where there is no tax payable a ‘
Page 58 and 59: granted or is partly granted, the b
Page 60 and 61: • Airtime on cellular mobile phon
Page 64 and 65: Class K is for persons who have an
Page 66 and 67: 5.3.2 WagesAlthough the Employment
Page 68 and 69: NSSF provides the employee with a l
Page 70 and 71: 6.0 ACCOUNTING6.1 Statutory Framewo
Page 72 and 73: 7.0 INTELLECTUAL PROPERTYRIGHTSKeny
Page 74 and 75: Years 1 Shs 1,000Year 2 Shs 1,500Ye
Page 76 and 77: 8.0 Listing Rules8.1 The Capital Ma
Page 78 and 79: • At the date of application, the
Page 80 and 81: 8.3 Payable FeesCompanies pay an in
Page 82 and 83: 9.0 Investing in Kenya9.1 General I
Page 84 and 85: 9.3 Foreign Ownership of Shares and
Page 86 and 87: Contact Details - RSM AshvirRSM Ash
Page 88 and 89: Appendix of Acronyms used in the Bo
Page 90: Notes90DOING BUSINESS IN KENYA
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