To register a company, certain mandatory documents such as the ‘Memorandum of Association’ and ‘Articles of Association’ must be filed with the Registrar of Companies within the Kenya State Law Office. The procedures, cost of registering a company and the duration taken for registration can be found at kenya.eregulations.org

Taxes levied in Kenya are administered by the Kenya Revenue Authority (KRA), and information on these may be accessed at http://www.kra.go.ke

There are four different types of Kenyan registered companies:

• Private company limited by shares (Ltd).
• The members’ liability is limited to the amount unpaid on shares they hold
• Private company limited by guarantee – the members’ liability is limited to the amount they have agreed to contribute to the company’s assets if it is wound up
• Private unlimited company
• No limit to the members’ liability
• Public company limited by shares (Plc) – the company’s shares are offered for sale to the general public through a stock exchange and the members’ liability is limited to the amount unpaid on shares held by them.

Other business entities include;

Partnerships – overseas investors can establish a partnership in Kenya. The partners have ‘joint and several’ liability for all debts.

• Limited Partnerships – consists of one or more persons called ‘general partners’ who are liable for all debts and one or more persons called ‘limited partners’ who contribute a sum or sums of money as capital, or property valued at a stated amount. Limited Partners are not liable for debts/obligations beyond the amount contributed.
• Limited Liability Partnership – this structure provides the benefit of limited liability but allows its members the flexibility of organizing its internal structure and tax arrangements as a traditional partnership.

You are strongly advised to seek legal advice before deciding on the best entity that suits your kind of business.

Kenya has long recognized the benefits of inward investments and has welcomed overseas-owned companies looking to do business in and with Kenya. Kenya Investment Authority is funded by the Kenya government and demonstrates Kenya’s commitment to attracting inward investments by providing free, confidential services to prospective investors.

Kenya has government, trust and privately owned land available. The land is available for lease of up to 99 years. More information is available from National Land Commission

Kenya has a modern and vibrant social and economic fabric, with a good range of schools, both public and private, affordable housing, world class entertainment and hospitality facilities, excellent communication links, as well as adequate healthcare and vibrant education sector. We have a warm and welcoming people, and English is widely spoken both in formal and informal set ups.

Kenya Investment Authority provides support to foreign and domestic companies looking to set up or expand in Kenya. We do this by providing a fully integrated advisory service, assistance in acquiring licenses and requisite entry permits in addition to aftercare support.

Specific services include:

1. Key information on regulatory factors
2. Issuance of the Investment Certificate that facilitates immediate start of business
3. Key information on location factors and business opportunities
4. Sector information and introduction to key sector networks
5. Support to build collaborative partnerships with Kenyan businesses
6. Continued support to companies once they have established.