World Watch/Kenya/Starting a Business

Starting a Business · Kenya

Starting a business in Kenya: foreigner's guide (2026)

ModerateCompanies Act, 2015 (as amended by the Finance Act, 2016), administered by the Business Registration Service (BRS) via the eCitizen portal; investor entry governed by the Immigration (Class G permit) regime and the Investment Promotion Act administered by the Kenya Investment Authority (KenInvest).Country index 76 · B+

Kenya shaded by its starting a business status

A foreigner can incorporate and wholly own a private limited company in Kenya, registered online through the BRS/eCitizen system, typically within roughly 3–7 working days and with no general minimum share capital. The principal friction for a foreigner is not ownership but the immigration/investor layer: to live and work in the business a Class G (investor) permit generally requires proof of at least USD 100,000 in capital, plus obtaining a KRA PIN, tax compliance and any sector-specific licences.

Key points

100% foreign ownership allowed

Since the repeal of the 30% local-shareholding requirement (Section 975(2)(b) of the Companies Act 2015, deleted by Section 85 of the Finance Act 2016, effective 1 January 2017), foreigners may wholly own a Kenyan private limited company. Sector-specific local-equity rules can still apply in regulated industries (e.g. telecoms, insurance, mining).

Online registration via BRS/eCitizen

Company formation is done through the Business Registration Service on the eCitizen platform: reserve a name, then lodge incorporation forms (CR1, CR2, CR8) with director/shareholder, address and capital details, and pay fees online.

No general minimum capital

There is no statutory minimum share capital for an ordinary private limited company; nominal capital is commonly set at a modest figure (e.g. KES 100,000). Minimum capital thresholds arise only in regulated sectors or for immigration/investment purposes.

Typical timeline: days, not months

If documents are complete, incorporation generally completes within about 3–7 working days, with name approval taking 1–2 days and form processing/certificate issuance a few days more.

Investor permit is the real hurdle

A foreigner who wants to actively run the business needs a Class G (investor) work permit, which generally requires demonstrating at least USD 100,000 of invested/available capital; the same USD 100,000 threshold under the Investment Promotion Act unlocks KenInvest investment incentives.

Tax and compliance setup

After incorporation the company must obtain a KRA PIN and register for applicable taxes; foreign individual directors/shareholders use passports to register, but operating, banking and permit applications require a KRA PIN and tax compliance.

Timeline - major decisions & events

Nov 24, 2025guidanceofficial
World Bank urges procompetitive reforms to revive formal business creation

The World Bank's 'From Barriers to Bridges' report found Kenya's capacity to create formal-sector jobs had deteriorated over a decade (90% of 2024's new jobs were informal), urging removal of foreign-investment restrictions and other barriers to starting and growing businesses.

World Bank
Apr 11, 2025enforcement
Registrar grants 30-day extension on beneficial-ownership filing

After the November 2024 deadline lapsed, the Registrar of Companies gave non-compliant companies until 11 May 2025 to file beneficial-ownership information, underscoring that BO disclosure is now a standing condition of corporate compliance.

Cliffe Dekker Hofmeyr
Oct 17, 2024enforcementofficial
BRS sets mandatory beneficial-ownership filing deadline

A Business Registration Service public notice required all companies and LLPs to file beneficial-ownership information by 24 November 2024, with penalties up to KES 500,000, formalising transparency obligations for every registered entity.

Business Registration Service
Aug 22, 2023decisionofficial
30% local-ownership rule scrapped for the ICT sector

A gazette amendment to the National ICT Policy Guidelines deleted the equity-participation rule requiring 30% Kenyan ownership for ICT licensees, easing market entry and foreign investment in the digital economy.

UNCTAD
Jun 30, 2023guidanceofficial
eCitizen consolidates 5,000 government services online

The government migrated about 5,000 public services—including company and business-name registration—onto the eCitizen platform (and Gava Mkononi app), making online registration the default channel for starting a business.

Ministry of Health (GoK)
Oct 13, 2020lawofficial
Companies (Beneficial Ownership Information) Regulations take effect

New regulations required every company to keep and file a register of beneficial owners (natural persons holding ≥10% shares/voting rights or significant control), adding a transparency layer to incorporation.

Kenya Law
Mar 18, 2020lawofficial
Business Laws (Amendment) Act 2020 digitises business processes

Amending 16 statutes, the Act legalised electronic signatures and electronic registers and cut formalities and costs of transacting, explicitly aimed at improving the ease of doing business in Kenya.

Kenya Law
Jan 1, 2017lawofficial
30% foreign-company local-shareholding requirement repealed

Section 85 of the Finance Act 2016 deleted the Companies Act provision forcing foreign companies to cede 30% of shares to Kenyan citizens, removing a major deterrent to foreign direct investment.

UNCTAD
Jun 15, 2016lawofficial
Companies Act 2015 comes into full force

The remaining parts of the Companies Act commenced (earlier parts began November 2015), replacing the colonial-era Cap 486 framework and operationalising single-member companies and simplified incorporation.

Kenya Law
Sep 18, 2015lawofficial
Companies Act No. 17 of 2015 enacted

A landmark overhaul of company law consolidated incorporation, management and regulation rules, allowing a single person to form a private company and codifying away earlier procedural hurdles to starting a business.

Kenya Law
Sep 11, 2015lawofficial
Business Registration Service Act establishes the BRS

The Act created the Business Registration Service as a state corporation to centrally administer registration of companies, partnerships and business names, the institutional foundation for today's one-stop registration system.

Kenya Law
Jan 1, 1959lawofficial
Companies Act (Cap 486) — colonial-era foundation

Modelled on the UK Companies Act 1948, Cap 486 governed company incorporation and registration in Kenya for decades, establishing the baseline framework that the 2015 reforms eventually replaced.

InvestKenya (GoK)

Kenya - other topics

Last verified 5/23/2026 · Orientation, not legal advice - verify against the primary sources linked above. Explore the full world map →