OBTAINING AN INVESTMENT CERTIFICATE IN KENYA

In Kenya, an Investment Certificate is issued by the Kenya Investment Authority under the Investment Promotion Act, Cap 485B, upon application, to investors who invest at least US$ 100,000 for foreigners or K.Shs. 1,000,000 for locals.

The following are the requirements for obtaining an investment certificate:-

1. Duly filled investor application form;
2. A cover letter addressed to the managing Director Kenya Investment Authority;
3. Copies of Memorandum and Articles of Association;
4. Copy of the Certificate of Incorporation or Certificate of Compliance; and
5. Proof of the Investment.

Once the application and all supporting documents listed above are received by the Authority, it will respond within Ten (10) days, all factors remaining constant, acknowledging receipt of the application and setting a date for the inspection of the premises of the applicant. The acknowledgment letter may be sent via email or through postal address or the Applicant/Contact person may collect the letter from Kenya Investment Authority offices.

On the day scheduled for the inspection of the work premises, an officer from the authority inspects the investors work premises and fills an investor feedback form. After evaluation of all the applicants documents and the investor feedback form the Authority makes its decision on the application.

Where the application is granted, an investor certificate is issued to the applicant. Where the application is rejected, the applicant may request the Minister in charge of investments to appoint a panel for the review of the Authority’s decision. The decision of the panel shall be final.

The holding of the Investment certificate entitles the Investors to the issuance of a number of licenses if the applications for the licenses are made within Twelve (12) months of the issuance of the Certificate. Further, holders of the certificates are entitled to three (3) class D entry permits for management or technical staff and three class C, F or G entry permits for owners, shareholders or partners for a maximum period of two(2) years. The permits will be issued together with dependant’s passes for each dependant of the person to whom the permit is issued as well as any re-entry permits as may be required.

It is always important to engage professionals in this process. If you wish to obtain an Investment Certificate in Kenya please do not hesitate to contact us on legalserviceskenya@gmail.com.