The Class B Permit is a crucial immigration document for foreign nationals seeking to engage in agriculture or animal husbandry in Kenya, either individually or in partnership. The Class B Permit is a work permit specifically issued to foreign nationals intending to invest and actively participate in agriculture or animal husbandry in Kenya. This includes activities such as crop farming, large-scale horticulture, dairy or poultry farming, livestock breeding, and other farm-based enterprises.
Eligibility Criteria
To qualify for a Class B Permit, the applicant must:
- Purpose/Objective: Intend to engage in agriculture or animal husbandry in Kenya, alone or with partners.
- Land Ownership/Lease: Have acquired, or have all permissions necessary to acquire, an interest in land of sufficient size and suitability for the proposed business. Proved through lease agreements.
- Proof of Capital: Possess sufficient capital and resources for the business, with a minimum investment of USD 100,000. The amount should be deposited in a Kenyan bank account.
- Business Benefits to Kenya: Demonstrate that their engagement in the business will benefit Kenya (e.g., through job creation, technology transfer, or contributing to food security)
Required Documents
Applicants must prepare and submit the following:
Personal Documents:
- Duly filled and signed Form 25 (Work Permit Application).
- Signed cover letter (from the applicant or company) addressed to the Director General of Immigration Services, detailing the nature of the agricultural or animal husbandry business.
- Copies of a valid national passport (bio-data page).
- Two recent colored passport-size photos.
- Current immigration status (if already in Kenya).
- Police clearance certificate from the home country (if applicable).
Business-Related Documents:
- Proof of land ownership or leasehold (title deed or lease agreement).
- Proof of available investment capital (Kenya bank statement showing at least USD 100,000).
- Clearance or license from relevant regulatory bodies (e.g., the Ministry of Agriculture, the county government).
- Certificate of registration of the organisation or business.
- Copy of KRA PIN certificate (individual and company).
- Valid Tax Compliance Certificate for the company (and individual for renewals).
- Current signed audited accounts (for renewal applications).
- Copy of any previous permit(s) or pass(es) held (if applicable).
- Checklist confirming all documents are included.
Note: All documents in foreign languages must be translated into English by an authorised institution
Application Process
- Company/Business Setup:
- Register your agricultural or animal husbandry business in Kenya.
- Acquire or lease suitable land for the intended activity.
- Open a Kenyan bank account and deposit the required capital of $100,000.
- Document Preparation:
- Gather and certify all required documents as listed above.
- Online Application:
- Create an account on the Government of Kenya Single Sign-On portal.
- Log in to the eFNS (Electronic Foreign Nationals Services) portal.
- Select “Apply Now” and choose the “Permit Issuance/Renewal” tab.
- Complete and submit the online application form (Form 25).
- Upload all supporting documents.
- Payment of Fees:
- An invoice for the processing fees will be generated after applying.
- Pay the non-refundable processing fee of Kshs. 20,000 via the eCitizen platform.
- Upon making the payment, the system generates a receipt.
- Submit the Physical Application
- Upon making the payment, the applicant is required to print the application and the supporting documentation and physically present the documents to the Immigration Department at Nyayo House.
- Upon review by the Registry people and confirming everything is in order, the application is officially received.
- Application Review
- The Directorate of Immigration Services reviews the application.
- Additional information or interviews may be requested.
- The applicant needs to monitor the application status via the portal and email for any corrections or additional documents.
- Approval and Issuance Fees Invoice:
- If approved, you will receive an approval notice via email and the online portal and a payment invoice for the permit issuance fee.
- The applicant should proceed and pay the issuance fees as per the invoice.
- Security Bond
- Under the Kenya Citizen and Immigration Regulations 2012, foreign citizens may be required to execute a security bond before they can be issued a work permit.
- The bond can be in the form of a deposit or bankers’/ insurance guarantee.
- Currently, the amount is about Kshs 100,000 per year.
- The security bond is payable to the Government of Kenya and serves as a financial guarantee to ensure the foreign national complies with Kenyan immigration laws. It is refundable upon cancellation or expiry of the permit (subject to compliance and no outstanding liabilities).
- Obtaining Acknowledgement Receipt
- Upon making the payment of the issuance fees and securing a security bond, the system generates an acknowledgement receipt confirming that the applicant has complied with the permit’s issuance conditions.
- The applicant needs to submit the following information for the acknowledgement receipt to be generated: Bank deposit slip and Security bond receipt.
- After these steps, the permit is then issued.
- Permit Endorsement
- Endorsement is the official stamping of the permit in the applicant’s passport, done by the Directorate of Immigration Services.
- It serves as proof that the applicant has fulfilled all conditions of issuance and is now legally permitted to reside and work in Kenya under the terms of the Class B permit.
Important to Note:
- A permit is not valid for use until endorsed.
- The holder cannot lawfully engage in any agricultural or husbandry activities in Kenya until the permit is endorsed in their passport.
- Endorsement must be done in person at Immigration Headquarters, Nyayo House, or a regional immigration office (where applicable).
📄 Requirements for Endorsement:
- Original passport of the permit holder
- Printed copy of the approved permit notification
- Original payment receipts (permit fee + bond)
- A copy of the Security Bond
Processing Fees
- Application processing fee: KES 20,000 (non-refundable).
- Permit issuance fee: KES 250,000 per year.
- East African Community (EAC) Member States: Gratis (free).
Timelines
- Application review: 2–4 weeks.
- Permit issuance: Upon successful approval.
- Renewal process: Annually, with updated financial and operational records.
Validity and Renewal
- The Class B Permit is usually valid for 1 to 2 years and must be renewed before expiry
- Renewal requires:
- Updated business report and audited accounts.
- Evidence of continued investment and business activity.
- Valid tax compliance certificates (company and individual).
- Proof of ongoing land ownership/lease and regulatory compliance.
- Early renewal (before expiry) is recommended to avoid fines or penalties.
Key Benefits of Class B Permit
Legal Residency and Business Operation: Permit B allows you to reside and operate an agricultural or animal husbandry business in Kenya.
Pathway to Permanent Residency: Long-term permit holders may eventually qualify for permanent residency and, later, citizenship.
Access to Incentives: Eligible for investor certificates and various government incentives for agricultural investors.
Family Inclusion: Dependents (spouse, children) can apply for Dependent Passes to reside legally in Kenya.
Frequently Asked Questions (FAQs)
- Can I apply for a Class B permit without owning land?
No, you must provide proof of land ownership or a lease agreement. - What happens if my application is rejected?
You may appeal or reapply with additional supporting documents. - Can I renew my permit annually?
Yes, provided you submit updated financial records and tax compliance certificates. - Can I renew the permit without audited accounts?
No. Renewal requires submission of signed, audited financials. - Is USD 100K mandatory?
Yes. It’s the minimum required to show a serious commitment to investment. - Can I apply from abroad?
Yes. Non-residents can apply through e-FNS and submit documents via courier or through a local representative. - Can I include family members under the permit?
They must apply separately for Dependent Passes, which we can also assist with. - What if the land is leased and expires?
The lease must be valid throughout the permit period. Renewal may require extension. - Is the permit transferable?
No, each permit is issued to an individual or entity and cannot be transferred. - Are there any sector-specific licenses required?
Yes, you may need additional approvals from relevant regulatory bodies (e.g., the Ministry of Agriculture, the county government).
Final Thoughts
The Class B permit is a crucial requirement for foreign investors in Kenya’s agriculture and livestock sectors. Ensuring compliance with landownership laws, investment requirements, and regulatory approvals will streamline the application process. If you need professional assistance, consider consulting an immigration expert or legal advisor.
How Njaga & Co. Advocates Can Assist
Njaga & Co. Advocates LLP is a leading Nairobi-based law firm with deep expertise in immigration law, business establishment, and regulatory compliance. Our team is well-positioned to guide foreign nationals and investors through every stage of the Class B permit process, ensuring a smooth and successful application.
Our Best Services for Class B Permit Applicants:
- Initial immigration and business setup consultation
- Preparation and submission of Class B permit applications
- Company registration and land acquisition guidance
- Tax and regulatory compliance advisory
- Liaison with government agencies for permits and licenses
- Ongoing legal support and dispute resolution
At Njaga & Co. Advocates LLP’s Immigration Law Department, we prioritise efficiency, legal accuracy, and client satisfaction. Whether you need guidance on your first application or renewal, our team is ready to support you every step of the way and ensure your agricultural or animal husbandry investment is set up for long-term success.
Contact us today to schedule a consultation. Let us make your immigration journey seamless and stress-free!
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a qualified advocate for personalized legal guidance.
