There has been a growing interest in Kenya as a retirement country for foreigners. A common question that we have received has been, therefore, what permit is suited for such persons and what are the requirements?

The relevant law is the Kenya Citizenship and Immigration Act, no.2 of 2011. Section 20 of the Act provides for work and residence permits.

A class K residence permit is most suited for such immigrants. This is ordinarily referred to as the “Retiree Permit.”

Conditions for Grant of Class K Permit

20(4) of the Act provides the conditions for issuance of a residence permit which are;

• – That the applicant must be over thirty (35) years of age.
• – The applicant must show that he/she has of his/her own right access to an annual income, outside of Kenya of US$24,000 or its equivalent in Kenya Shillings. 
• – The applicant is required to undertake that he/she will not take up any employment or conduct any business or activities for profit while in Kenya.
• – Applicants are also required to show how their stay in Kenya will be beneficial to the country.

The application is made online.

Our work as your immigration attorneys will be to advise on this process, put your documents/ information together, make the application and track progress until the permit is issued.

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The documents required are as follows:

• – A copy of your passport’s Bio Page;
• – Evidence of sources of income outside of Kenya which would include rental income, pension annuities, royalties etc.
• – Detailed application letter addressed to the Director of Immigration Services.
• – Coloured passport photo.
• – A non-refundable fee of Kshs.10,000 and an annul issuance fee of Kshs.100,000. (approximately $815)

Once the application is granted, one must enter Kenya within ninety (90) days of the issuance. There is, however, leave to apply for an extension. 

Once the permit is issued one will be registered as a Foreign National and be issued with a certificate to this effect. With this certificate, the immigrant will apply for a tax certificate which is necessary for property ownership.

After seven (7) years of being legally in Kenya, one can apply for Kenyan Citizenship which would mean that they no longer have to pay an annual fee for their continued stay in Kenya.

Property Ownership

Article 65 of the Constitution of Kenya, 2010 provides that non-citizens can own land of a leasehold tenure for 99 years only.  

Most of the residential properties and properties within cities, municipalities and townships are leaseholds. An immigrant with a Class K Permit will, therefore, have a wide variety to choose from.

We offer conveyance services which will entail identification of the property upon provision of specifications, conducting due diligence, negotiating the terms of the sale and ultimately transferring title.

If you have any question regarding this write up, do not hesitate to contact Scola Kayugira on E-mail: scola@smkadvocates.com, Tel:+254 723 495 054, Linked In: Scola Munyao-Kayugira

This write up is meant for general information only and should not be relied upon without seeking specific legal advice.