East African Community (EAC) citizens can enter Kenya without a visa, but the arrangement does not give them automatic permission to work, run a business or stay in the country indefinitely.
The visa-free arrangement is part of the EAC Common Market, which allows citizens of Partner States to move freely across the region and is meant to make it easier for people to travel, seek employment and engage in economic activities.
For an EAC citizen travelling to Kenya, visa exemption means they do not need to apply for a visa before entering the country, provided they meet the applicable immigration requirements.
However, visa-free entry and the right to work or establish a business are two different things.
The EAC Common Market Protocol gives citizens rights to establishment and employment in other Partner States, but these rights are exercised in line with the laws and procedures of the country where they intend to work or operate.
An EAC national who wants to establish a business in Kenya is therefore required to comply with the relevant regulations, including business registration, tax requirements and county licensing where applicable.
Kenya also has a specific immigration category for EAC nationals.
The Directorate of Immigration Services provides a Class R permit for EAC citizens who intend to reside in Kenya while engaging in employment, business, trade or another approved activity.
EAC citizens are, however, given preferential treatment under the regional arrangement.
Work permit fees have been waived for citizens of the EAC Partner States traveling to Kenya for employment and to settle down.
For those travelling to Kenya temporarily for purposes of conducting business and trading or professional practice, there is a provision of Special Pass. It enables a foreign national to undertake his/her business and trade or profession temporarily and is available at no cost to the citizens of the EAC region.
The Common Market framework also provides EAC workers with the right to seek employment in other Partner States and protection from discrimination based on nationality.
They are also entitled to rights relating to working conditions and social security, subject to the applicable laws.
The clarification comes amid growing debate over the presence of foreign nationals working and doing business in Kenya.
The government has recently sought to sort out matters relating to foreigners through President William Ruto’s crackdown on foreigners working within the country.
Ruto further clarified that Kenya is open to foreigners who can invest and work in Kenya but at the same time following the laws of the land.
“Kenya is very open for business. I know there has been a lot of debate about who should work in Kenya or should invest in Kenya. Let me say this for the record. All investors have a space in Kenya,” Ruto said.
Additionally, Ruto indicated that the government will cooperate with the relevant authorities and embassies to ensure that the foreigners have an opportunity to regularize themselves and their activities in the country.
In other words, even though one can move freely between the two borders without having to have a visa, it is important for the individual who intends to work, reside or conduct business in Kenya to obtain the required permits as per the Kenyan laws.
Visa-free movement should therefore not mean that the foreigners are exempted from the laws of the land including those of immigration, taxes and business.
