Gov’t Clarifies Work Visa Rules for Foreigners

The government has clarified the rules governing foreign nationals who enter the country under the visa-free regime.

In a statement on Monday, September 7, the Ministry of Investments, Trade and Industry said the visa-free entry policy has had a positive impact on tourism and investment, but raised concerns over the misuse of visa applications by some foreign nationals engaging in activities outside the conditions of their entry status.

"The move has created a positive impact on the country, particularly in tourism and investment. We continue to apply the directive to its fullest degree possible," the statement read.

The ministry said some visitors have been deliberately misusing visa applications by entering Kenya as tourists or investors before engaging in activities that are not permitted under those statuses. 

It noted that the high number of foreigners involved in retail and local trade has created a need to ensure that such activities comply with work permit requirements.

"There has been deliberate misuse of visa applications by some visitors, leading to persons on investor or tourist status engaging in activities contrary to the provisions of the grant. 

"Owing to the high number of foreigners involved in the retail and local trade sectors, there is therefore a need to align their activities and ensure compliance with work permit provisions," the statement added.

The government warned that foreign nationals found violating the applicable visa provisions could lose their visas in accordance with Kenyan law.

"Persons found in contravention of the applicable visa provisions will have their visas revoked in accordance with the law," the statement further read.

The ministry further clarified that the visa-free entry arrangement and exemption from Electronic Travel Authorisation (eTA) requirements should not be interpreted as permission to work or operate a business in Kenya.

"Visa-free entry or exemption from eTA requirements does not in itself confer the right to engage in employment, trade or business in Kenya. Such activities remain subject to the applicable immigration, work permit and other regulatory requirements," the statement noted.

This comes weeks after the government unveiled a 10-year implementation strategy for the Kenya-European Union (EU) Economic Partnership Agreement (EPA), outlining how the country plans to maximise the benefits of the trade pact.

In a statement on Thursday, July 9, the Ministry of Trade said the roadmap is intended to help businesses, farmers, manufacturers and exporters take advantage of duty-free and quota-free access to the 27-member EU market. 

It also seeks to improve Kenya's competitiveness, increase exports and create new economic opportunities through expanded trade with Europe.

Speaking during the launch, Trade and Investments Cabinet Secretary Lee Kinyanjui said the plan reflects the government's commitment to building a resilient, competitive and sustainable trading environment that allows enterprises of all sizes to access the European market.

"The Kenya-EU EPA aims to secure existing markets while unlocking new opportunities for Kenyan enterprises, attracting investment and promoting job creation. This strategy therefore serves as a guiding framework to harness the full potential of the EPA," he said.

European Union Ambassador to Kenya Henriette Geiger said the launch of the strategy represents a milestone in deepening trade and economic cooperation between Kenya and the EU.

"The launch of the implementation strategy is an important step in translating the agreement into tangible opportunities for Kenyan businesses and exporters. EU remains committed to working closely with the Government of Kenya and the private sector to ensure that the EPA delivers inclusive growth and long-term benefits for both sides," she said.

Trade Principal Secretary Regina Ombam said the implementation plan is aligned with Kenya's broader development agenda, including Vision 2030 and the Bottom-Up Economic Transformation Agenda (BETA).

"This Strategy provides an effective roadmap for implementing the EPA, thereby promoting sustainable economic growth, expanding trade and advancing prosperity for our nation," she stated.

According to the ministry, the Kenya-EU EPA officially came into force on July 1 guaranteeing Kenyan exports duty-free and quota-free access to the EU, which is Kenya's largest export destination and second-largest trading partner.

The bloc represents a combined market valued at about USD 21.2 trillion and accounts for roughly 21 per cent of Kenya's annual exports.

According to the International Trade Centre, Kenya exported goods worth approximately USD 1.85 billion to the EU in 2025, while imports from the bloc stood at around USD 1.74 billion.

Kenya's leading exports to the EU include cut flowers, live plants, tea, coffee, spices, fruits, vegetables, oil seeds and animal and vegetable fats.

In return, the country imports machinery, pharmaceutical products, electrical equipment, motor vehicles, paper and paper products from the European market.

The implementation strategy focuses on six priority areas, including sanitary and phytosanitary measures, standards and technical regulations, customs and trade facilitation, information and communication technology, structured commodity trade, and trade and sustainable development.