OLM KNOWLEDGE · LEGAL GUIDE

Class G work permit Kenya: the investor and business owner's guide

A Class G work permit Kenya is the permit for a foreign national who comes to run a business rather than to be employed. It is the investor’s and entrepreneur’s route. One requirement decides most applications: you must show capital to be invested of at least USD 100,000. This guide explains who qualifies, the company documents you need, the fees, and how the application is made.

John Maina, Partner at OLM Law Advocates LLP By John Maina, Partner, OLM Law Advocates LLP. Advocate of the High Court of Kenya.

At a glance

  • Class G is for a person engaging in a specific trade, business, consultancy or profession (other than a prescribed profession) in Kenya.
  • The headline requirement is documentary proof of capital to be invested of at least USD 100,000.
  • You apply through a registered Kenyan company, using its incorporation documents, PIN and CR12.
  • The fees are a non-refundable KES 20,000 processing fee and a KES 250,000 per year issuance fee.
  • Applications are made online, and a Special Pass can cover the wait.

Who this guide is for

This guide is for foreign investors, entrepreneurs and independent consultants setting up or running a business in Kenya. If you are being employed by a Kenyan company, you need a Class D permit instead; our Class G versus Class D comparison explains which one fits. If you plan to live in Kenya on independent income without trading, that is Class K.

Background: what Class G is

Class G sits in the Kenya Citizenship and Immigration Regulations, 2012, under the Kenya Citizenship and Immigration Act, No. 12 of 2011. The Directorate of Immigration describes it as a permit for a person who intends to engage, alone or in partnership, in a specific trade, business, consultancy or profession that is not a prescribed profession.

The distinction from Class D matters. Class D is employment by someone else, while Class G is running your own venture. Because the applicant is the investor, the state asks a different question: not whether a Kenyan could do the job, but whether this is genuine, funded investment. That is why the capital test, rather than an understudy plan, sits at the centre of a Class G application. A prescribed profession, meaning one of the regulated professions that fall under Class C, is carved out of Class G.

How it works

Who qualifies

The applicant must be genuinely engaging in a trade, business, consultancy or non-prescribed profession in Kenya, through a properly registered entity, and must be able to prove the capital behind it. This is not a permit for a passive shareholder. It is for a person who is actively running or directing the business in Kenya.

The USD 100,000 capital requirement

This is the requirement that decides most applications. You must provide documentary proof of capital to be invested of at least USD 100,000. Asserting a plan is not enough. The file needs evidence, such as bank statements, transfer records, asset or equipment valuations, or audited figures, showing that the money is real and committed to the Kenyan business. A vague or unevidenced capital claim is the most common reason a Class G application stalls, so assemble more proof than you think you need and make sure it ties to the company that is applying.

What you must file

The application is filed through the company and includes, among other things:

  • Form 25 and Form 27, completed and signed.
  • A cover letter from the company to the Director General.
  • The applicant’s passport bio-data, a passport photo, and current immigration status.
  • Documentary proof of capital to be invested of at least USD 100,000.
  • Company registration documents, meaning the certificate of incorporation and the memorandum and articles of association.
  • PIN certificates for the company and the individual, and a valid Tax Compliance Certificate (the company’s for a new application; company and individual on renewal).
  • The CR12, which is the official record of the company’s shareholders and directors.
  • Audited accounts for the previous two years, on renewal.

Fees

The processing fee is KES 20,000 and is non-refundable, payable on filing. The issuance fee is KES 250,000 per year, payable on approval. Citizens of East African Community partner states are issued free of charge.

Item Amount
Processing fee (on filing, non-refundable) KES 20,000
Issuance fee (on approval, per year) KES 250,000
Minimum capital to be invested USD 100,000 (documentary proof)
EAC partner-state citizens Free

Note the two currencies at work. The capital test is set in US dollars, while the fees are in shillings. Budget for both.

Making the application

Applications are made online through the immigration portal, in the company’s name. The company and capital documents are uploaded, and the file goes to the Permit Determination Committee for a recommendation. In practice a Class G application succeeds or fails on the strength of the capital evidence and the corporate file, which is the part we prepare and present for clients. Our guide to applying through eFNS covers the mechanics of the system. Readers who want the raw procedure and the current forms can find them on the Directorate of Immigration’s official portal at fns.immigration.go.ke.

Duration and renewal

Class G permits are commonly issued for up to two years and are renewable. Renewal is where the audited-accounts requirement bites, because you must show that the business has actually traded and that the investment is real. Keep proper books and audited accounts from year one, and apply to renew before expiry to avoid a gap in status.

Dependants

A spouse and children can apply for dependant’s passes tied to the Class G holder, and these are renewed alongside the permit.

How this sits with your other obligations

A Class G permit assumes a functioning Kenyan company behind it, so the company work comes first. You register under the Companies Act, 2015 through the Business Registration Service, obtain KRA PINs and a tax compliance certificate, and file the company’s beneficial-ownership information, which is the CR12 and ownership picture the immigration file relies on. Depending on the sector, you may also need a specific licence, such as a county trading licence or a regulator’s approval where the activity is regulated. A Class G application is really the last step of a company set-up, and it goes smoothly only when the corporate, tax and beneficial-ownership layers are already clean.

A worked example

A South African founder wants to open a logistics business in Mombasa. She first incorporates a Kenyan company, obtains its PIN and CR12, and opens a corporate bank account. She funds the company and documents USD 120,000 in committed capital through transfer records and an equipment valuation. She then files a Class G application through the company, attaching the incorporation certificate, the memorandum and articles, the capital evidence, and Form 27. She pays the KES 20,000 processing fee. A Special Pass covers her presence while the Committee considers the file. On approval she pays the KES 250,000 issuance fee and completes the endorsement, then keeps audited accounts from year one so the two-year renewal is straightforward.

Common questions

What counts as the USD 100,000 capital? Committed investment into the business, evidenced, such as cash transferred, equipment, or assets. Keep the proof, because an unevidenced figure is the usual sticking point.

Do I need a company, or can I apply as an individual? Class G runs through a registered business. Even a solo consultant usually applies through a registered entity with a PIN and CR12.

Can I be employed by another firm on a Class G permit? No. Class G is for your own trade or business, while employment by another is Class D.

How long does it last? Commonly up to two years and renewable, and renewal requires audited accounts for the previous two years. Confirm the term on determination.

Can my family join me? Yes. Dependant’s passes are available for a spouse and children.

Is the capital a fee I pay to the government? No. The USD 100,000 is investment into your own business that you must evidence, not a payment to immigration. The government fees are the separate shilling amounts shown above.

Common pitfalls

The usual failure is capital that cannot be proven, meaning a business plan without evidence of funds actually committed. An incomplete corporate file comes next, whether a missing CR12, no company PIN, or an out-of-date tax compliance certificate. Some applicants file as Class G when they are really employees, which is Class D. On renewal, the absence of audited accounts for the previous two years causes delay. And founders who leave the immigration step to the end, after signing leases and hiring staff, can find themselves without status when they most need it. A Special Pass covers that gap, but it is a bridge, not a substitute for the permit.

What you should do now

  • Confirm Class G is right: your own business, not employment.
  • Incorporate the Kenyan company and obtain its PIN, CR12 and tax compliance certificate first.
  • Assemble documentary proof of at least USD 100,000 in committed capital, tied to the company.
  • Apply online through the company and pay the processing fee, and plan a Special Pass if needed.
  • Keep proper books and audited accounts from year one for the renewal.
  • Diarise the renewal date on grant.

How OLM Law can help

Our immigration, corporate and business-registration teams set up the company, the tax registrations and the beneficial-ownership record, then prepare and present the Class G application, including the capital evidence that decides it. We also handle Special Passes, dependant’s passes, renewals and appeals. To discuss a Class G application, contact John Maina, Partner, at OLM Law Advocates LLP.


This article is a general guide only and is not legal advice. Please seek advice on your specific circumstances.

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