How to Set Up a Business in Kenya as a Foreign Investor

By admin
October 22, 2025

How to Set Up a Business in Kenya as a Foreign Investor: Step-by-Step Guide (2025)

KRA PIN, Bank Account, and Company Registration with WKA Advocates

Learn how to set up a business in Kenya as a foreign investor with this complete 2025 guide.
This article—developed with the corporate law experts at WKA Advocates—walks you through every stage of the process: from business registration and obtaining your KRA PIN to opening a corporate bank account and securing all necessary licenses under Kenya’s Companies Act, 2015.

Why Set Up a Business in Kenya?

Kenya remains one of Africa’s fastest-growing economies, with GDP growth averaging over 5% annually and unmatched access to regional markets through the East African Community (EAC) and the African Continental Free Trade Area (AfCFTA).

With digital reforms led by the Business Registration Service (BRS) and tax innovations by the Kenya Revenue Authority (KRA), Kenya offers a transparent, digitized investment environment ideal for foreign entrepreneurs, tech startups, and multinational companies.

Advantages of Doing Business in Kenya

Full Foreign Ownership: Foreign investors can own 100% of a Private Limited Company (PLC) in most industries.
Tax Incentives:
- Special Economic Zones (SEZs): Reduced corporate tax rates (10–15%).
- Export Processing Zones (EPZs): Tax holidays and customs exemptions.
Strategic Location: Nairobi connects East, Central, and Southern Africa through modern infrastructure like the SGR railway and JKIA Airport.
Digital Ecosystem: “Silicon Savannah” leads Africa in fintech and mobile innovation (e.g., M-Pesa, Flutterwave, Safaricom).
Skilled Workforce: A young, English-speaking, and tech-driven labor market supports all sectors.

Pro Tip: Working with WKA Advocates ensures smooth navigation through Kenya’s legal framework, company laws, and investment licensing—saving time and avoiding costly errors.

Pre-Setup: Eligibility and Market Preparation

Before registration, confirm your eligibility as a foreign investor. Kenya allows 100% foreign ownership in most sectors except a few restricted ones such as landholding and certain public utilities, which may require local partnerships or approval from the Kenya Investment Authority (KenInvest).

WKA Advocates assists you with:

Assessing sector restrictions.
Structuring ownership to comply with the Land Control Act and Investment Promotion Act.
Conducting due diligence for mergers, acquisitions, or joint ventures.

Step 1: Conduct Market Research and Feasibility Study

Understanding the Kenyan market is critical.

Analyze demand and pricing using Kenya National Bureau of Statistics (KNBS) data.
Study competitors via WKA Advocates’ market intelligence network.
Identify regulatory barriers in sectors such as agriculture, construction, or fintech.

Timeline: 2–4 weeks
Typical Cost: KES 50,000–200,000 (including WKA consultancy)

WKA Tip: WKA Advocates provides detailed feasibility studies customized to your target region—whether Nairobi, Mombasa, Kisumu, or Naivasha.

Step 2: Choose Your Legal Structure

Your choice determines liability, taxation, and operational control.

Structure	Ownership	Capital	Ideal For
Private Limited Company (Ltd)	100% foreign allowed	KES 100,000	SMEs, Tech, Trading
Branch Office	100% foreign allowed	None	Multinationals
Subsidiary	100% owned by parent	Varies	Long-term operations
Partnership	Shared with locals	None	Joint ventures needing local networks

Most Popular Option: Private Limited Company (PLC) — flexible, low-cost, and allows repatriation of profits.
WKA Advocates drafts all Memorandum & Articles of Association (MemArts), shareholder agreements, and beneficial ownership filings to ensure compliance.

Step 3: Reserve Your Company Name

Log into the eCitizen Portal.
Under BRS Services, submit three unique names for approval.
Approval takes 1–3 business days.
Cost: KES 150.

Pro Tip: WKA Advocates conducts a pre-search to avoid rejections or name conflicts with existing entities.

Step 4: Prepare Incorporation Documents

Once your company name is approved, WKA Advocates prepares and files the following via the Business Registration Service (BRS):

Document	Purpose	WKA Support
Memorandum & Articles of Association	Defines internal governance	Custom drafting for foreign shareholders
Statement of Nominal Capital	Declares share capital	Duty payment handled
CR1, CR2, CR8 Forms	Registers company details	Digitally filed via BRS
Beneficial Ownership (BOF1)	Lists shareholders owning ≥10%	WKA compliance filing
Director/Shareholder IDs or Passports	Identity verification	Notarized via WKA
KRA PIN Certificates	Tax identification	Applied for non-residents
Registered Office Address	Official address in Kenya	Provided by WKA Advocates

Timeline: 7–14 business days
Estimated Fees: KES 10,000–50,000 (excluding legal fees)

Step 5: Obtain a KRA PIN

A KRA PIN (Kenya Revenue Authority Personal Identification Number) is mandatory for all businesses. It’s required for:

Tax filing (VAT, PAYE, Income Tax)
Bank account opening
Customs/imports
Government tenders

How WKA Advocates Manages It:

Registers your company and directors on KRA iTax.
Applies for both corporate and non-resident director PINs.
Links them under one tax profile.
Ensures VAT setup if turnover exceeds KES 5 million.

Verification Timeline: 3–5 working days.

Step 6: Open a Corporate Bank Account

Top Recommended Banks:

KCB Bank
Equity Bank
NCBA Bank
Absa Bank Kenya
Standard Chartered Kenya

Required Documents:

Certificate of Incorporation
Company and Director KRA PINs
CR12 (list of directors)
Director passports or IDs
Proof of address and company resolution

Benefits:

Multi-currency accounts (KES, USD, EUR, GBP)
Mobile and online banking integration (M-Pesa Business, PesaLink)
Faster cross-border payments and payroll services

WKA Advocates coordinates account pre-approval and KYC to reduce physical presence requirements.

Step 7: Obtain Additional Licenses and Work Permits

Depending on your sector, extra compliance may include:

County Business Permit: Issued by county governments.
NSSF/NHIF Registration: For employee pension and healthcare.
Work Permits:
- Class G (Investor Permit) or Class D (Employment Permit) — via Kenya Immigration Services.
NEMA License: For environmental compliance.
EPZ/SEZ Licensing: For export-focused manufacturing.

WKA Advocates ensures your licenses and work permits align with 2025 regulatory standards under Kenya Vision 2030 and the Investment Promotion Act.

Step 8: Launch Operations and Stay Compliant

Once registered and licensed, you can now:

Lease office space or register a virtual office via WKA.
Hire staff through platforms like BrighterMonday or Fuzu.
Register for NSSF/NHIF, PAYE, and VAT via iTax.
File annual returns with BRS Kenya.

WKA Advocates offers ongoing legal, tax, and compliance support—including audit coordination and contract drafting—to keep your business legally protected.

Common Challenges & How WKA Advocates Solves Them

Challenge	WKA Solution
Bureaucratic delays	Fast-track digital filings through eCitizen and BRS
Complex KRA processes	Tax agent coordination and non-resident PIN facilitation
Currency fluctuation	Banking strategy and forex advisory
Regulatory ambiguity	Legal compliance under Companies Act & KRA guidelines
Local representation	Secure nominee and resident director services

Final Tips for Success

Partner with WKA Advocates for end-to-end business setup.
Use a pilot branch to test markets before scaling.
Align with Kenya Vision 2030 to access government incentives.
Use WKA’s legal and accounting partners for tax optimization and corporate structuring.

Frequently Asked Questions (FAQs)

1. Can a foreigner own a business 100% in Kenya?
Yes. Foreigners can own 100% of a Private Limited Company (PLC) in Kenya, except for certain restricted sectors like landholding or defense.

2. How long does it take to register a business in Kenya?
Typically 2–4 weeks, depending on document readiness and sector. WKA Advocates can fast-track registration under BRS.

3. What is a KRA PIN, and why is it needed?
A KRA PIN is your official tax identity number issued by the Kenya Revenue Authority (KRA). It’s required for bank accounts, licenses, tax returns, and imports.

4. What is a nominee director, and why do I need one?
A nominee director satisfies Kenya’s legal requirement for one resident director. They don’t own shares or control the business and are appointed only for compliance.

5. What banks are best for foreign business accounts?
KCB Bank, Equity Bank, NCBA Bank, and Absa Kenya are preferred for foreign investors due to their multi-currency and international remittance options.

6. Do I need a visa or work permit to operate in Kenya?
Yes. Foreign investors require a Class G Investor Permit or Class D Work Permit, applied through Kenya Immigration.

7. How much does it cost to register a company in Kenya?
Expect registration and setup costs between KES 10,000–100,000, excluding capital injection or legal fees.

8. Can WKA Advocates help manage my tax filings?
Yes. WKA offers ongoing corporate tax compliance, iTax filing, and audit support for local and foreign clients.

9. What is the corporate tax rate for foreign companies in Kenya?
The corporate tax rate is 30% for resident companies and 37.5% for non-resident companies.

10. Can I operate remotely as a foreign investor?
Yes. WKA Advocates offers registered office services, power of attorney filings, and virtual board meeting clauses in Articles of Association for remote operation.