A Class D Employment Permit in Kenya is a work authorization issued to foreign nationals who have been offered specific employment by a Kenyan employer. It is intended for individuals possessing skills or qualifications that are not readily available in Kenya and whose employment will benefit the country. The permit allows the holder to live and work legally in Kenya under the sponsorship of the employing entity. The Kenyan government closely monitors these permits to protect the local labor market and ensure jobs available to Kenyan citizens are not unduly taken by foreigners.
What is Class D Employment Permit?
The Class D Employment Permit, often simply called the Class D Work Permit, is regulated under Section 40 of the Kenyan Citizenship and Immigration Act of 2011 and the Seventh Schedule of the Kenya Citizenship and Immigration Regulations,2012 (work-permit classes). It is issued primarily to expatriates with unique or specialized skills needed by Kenyan employers, government entities, or approved international organizations under the United Nations or some other approved agency. It is designed to fill skill gaps in the local labor market by allowing foreign professionals to contribute to sectors where their expertise is not readily available locally.
Who Qualifies for a Class D Employment Permit?
This permit is granted to individuals who meet the following criteria:
- Have a confirmed job offer from a Kenyan employer.
- Possess skills or qualifications not readily available in Kenya.
- Demonstrate that their employment will be of benefit to Kenya, either economically or strategically.
- Are sponsored by their employer, registered company or organization, employer operating legally in Kenya.
- The employer must name and document a Kenyan understudy (CV, contracts, qualifications) who will be trained by the foreign employee in the course of employment.
N.B. The understudy should at least have relevant qualifications for the work the foreign employee has been offered to do to benefit from the foreign employee’s skills.
Conditions and Restrictions of Class D Permit
- The permit is employer-specific; holders cannot switch employers without reapplying.
- The sponsoring organization must demonstrate efforts to recruit locally before seeking foreign talent.
- A Kenyan understudy must be appointed to ensure skills transfer.
- The permit is typically issued for two years and is renewable for up to a maximum of four years.
- Consultants may be seconded to other entities only if this is explicitly stated in the application.
Requirements for a Class D permit
- Duly filled and signed application Form 25
- Signed cover letter from the employer/company/organisation addressed to the Director General of Immigration Services
- Copies of national passport (bio-data page)
- Current Immigration status: if in the country, upload a recent colored passport-size photo
- Valid Tax Compliance Certificate for the company (new application), and/or valid Tax Compliance Certificates (for the company and individual) in case of permit renewal
- Duly certified copies of academic and professional certificates
- Curriculum Vitae for the applicant.
- Duly filed and signed application form 27
- Name and identity card of the Kenyan understudy
- Certified copies of academic /professional certificates and full contacts of the understudy: – email address, cell phone
- Curriculum Vitae of the Understudy
- Certificate of registration of the organization
- Clearance letters from relevant regulatory bodies (e.g., professional associations).
- Evidence that the organization failed to fill the vacancy from the local labor market (evidence of competitive recruitment processes)
- Documents in foreign languages should be translated into English by either the Embassy, a Public Notary, or an authorised and recognised institution.
Fees for Class D Permit
- Processing Fee: KES 20,000 (non-refundable)
- Issuance Fee: KES 500,000 per year
- East African Community nationals: Gratis (are exempted from the relevant fees)
Validity and Timelines
- Initial permit application processing can take approximately 2 to 5 months (depending on the completeness of documentation and the responsiveness of the applicant and employer).
- Issued for up to 2 years, with renewals subject to continued compliance and justification.
- Start renewal at least 3 months before expiry.
Common refusal triggers & how to de-risk
- Understudy gap (no credible Kenyan understudy or weak training plan).
- Skills-availability test not met (no evidence that the role can’t be filled locally).
- Incomplete certification of academic/professional credentials.
- Employer non-compliance (missing KRA TCC/registration proof).
- Mismatched role (job description vs. applicant’s qualifications).
- Mitigation: robust job description, organization chart, recruitment evidence, and a concrete understudy training schedule attached to the employer’s letter.
Benefits of Holding a Class D Permit
The benefits of a Class D Employment Permit in Kenya for foreign workers include:
- Legal Employment Authorization: The permit allows foreign nationals to work legally in Kenya under a sponsoring employer, ensuring compliance with immigration and labor laws.
- Employment Rights Similar to Locals: Permit holders enjoy work conditions similar to Kenyan employees, allowing them to integrate professionally.
- Tax Registration: Holders are eligible to apply for a Personal Identification Number (PIN) and register as taxpayers in Kenya.
- Visa-Free Travel: Permit holders can enter and exit Kenya without additional visa requirements or fees, facilitating ease of travel.
- Property Investment: Holders can purchase or invest in leasehold property within Kenya, opening personal and business opportunities.
- Banking Access: The permit allows holders to open and operate bank accounts in Kenyan financial institutions.
- Family Accommodation: Dependents such as spouses and children can apply for dependent passes to stay in Kenya alongside the permit holder.
Frequently Asked Questions (FAQ) on Class D Employment Permit Kenya
- What is a Class D Employment Permit?
It is a work permit issued to foreign nationals with specialized skills who have secured employment with a Kenyan employer. It allows legal employment and residence in Kenya. - Who qualifies for a Class D Work Permit?
Foreign nationals with skills, qualifications, and experience not readily available locally, who have a formal job offer from a Kenyan registered entity, UN body or any other approved agency and whose employment benefits Kenya economically or strategically. - How long does the application process take?
Typically, 3 to 5 months. This includes document preparation, submission, payment, and biometric processing. - Can I apply for a Class D Permit while outside Kenya?
Yes. The application is submitted online via the eFNS portal and can be initiated from abroad. However, passport endorsement and Alien Card registration must be completed in Kenya after approval. - What is the validity period of the permit?
Usually issued for 1–2 years, renewable up to a maximum of 4 years. Renewal should begin at least 90 days before expiry. - Is a security bond required?
Yes. After approval, the applicant must execute a security bond (typically KES 100,000) through a licensed insurer or bank. - Can my spouse and children join me in Kenya?
Yes. They can apply for Dependant’s Passes separately, subject to approval and applicable fees. - Is a Kenyan understudy mandatory?
Yes. The employer must nominate a Kenyan understudy and provide their CV, academic credentials, and a training plan to ensure skills transfer. - Can I change employers while holding a Class D Permit?
No. The permit is employer-specific. A change in employer or role requires a new application or variation of the permit. - What is the understudy requirement?
The employer must appoint a Kenyan understudy to the foreign employee for skills transfer during the permit period. - Can Njaga & Co. Advocates assist with the application?
Yes. The firm offers end-to-end support, including eligibility assessment, document preparation, understudy planning, eFNS filing, and post-approval compliance.
How Njaga & Co. Advocates Can Help
At Njaga & Co. Advocates LLP’s Immigration Law department, we simplify the Class D Employment Permit process by offering:
- Eligibility assessment and strategic case structuring
- Document preparation, certification, and eFNS filing
- Understudy planning to meet compliance requirements
- Security bond coordination and post-approval support
- Dependant pass applications for accompanying family members
Whether you’re an HR manager onboarding foreign talent or a professional seeking legal entry into Kenya’s workforce, Njaga & Co. Advocates LLP is your trusted partner in immigration compliance and strategic legal support.
📞 Get in touch today for expert guidance and a seamless immigration experience.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a qualified advocate for personalized legal guidance.
