Retiring in Kenya: A Guide to Obtaining a Class K (Ordinary Residents) Permit for Foreigners

Introduction

With its stunning landscapes, rich culture, and welcoming climate, Kenya is becoming an increasingly popular destination for foreigners looking to retire. A Class K, or an Ordinary Resident permit, is the primary immigration document allowing retirees to settle in Kenya without engaging in employment or business. Below is a detailed guide on who qualifies, the requirements, the application process, and the pathway to long-term residency and eventual citizenship in Kenya.

Who Qualifies for a Class K Permit?

A Class K permit is tailored for individuals wishing to reside in Kenya while maintaining their income outside the country. The essential qualifications include:

• Age: Applicants must be at least 35 years old.
• Assured Income: Applicants must have an assured annual income of at least USD 24,000 derived from sources outside Kenya. This income could be from pensions, investments, or other legitimate sources at the applicant’s free disposal.
• Non-Engagement in Employment: Applicants must undertake not to engage in any form of employment, business, or professional activities within Kenya.
• Good Character: Proof of good conduct, typically a police clearance certificate from the applicant’s home country, is required to ensure that the applicant has no criminal record.
• Benefit to Kenya: The applicant’s presence in Kenya should be beneficial to the country.

Application Requirements

To apply for a Class K permit, you will need to prepare the following documents:

• Cover Letter: Addressed to the Director-General of Immigration Services, explaining your reasons for applying.
• Passport Copy: A clear copy of your current passport.
• Recent Passport Photo: A recent colored passport-sized photograph.
• Proof of Assured Income: Documentation such as bank statements, pension documents, or proof of investments showing an annual income of at least USD 24,000.
• Contact Information: Details of your residential address in Kenya.

Application Process

The process of obtaining a Class K permit involves several steps:

1. Document Preparation: Gather all necessary documents as listed above.
2. Submission: The completed application form (Form 25) and all required documents must be submitted online via the eFNS portal.
3. Fees: The application involves several fees:
   • Processing Fee: Kshs 20,000 (approximately USD 150).
   • Issuance Fee: Kshs 250,000 per year (approximately USD 1,875) upon approval.
   • Security Bond: Kshs 100,000 (approximately USD 750).
4. Approval Timeline: The processing time for a Class K permit typically ranges from 2 to 3 months. Once approved, the applicant must enter Kenya within 90 days.

Long-Term Residency and Citizenship

While the Class K permit itself does not grant Kenyan citizenship, it is a crucial step for foreigners who wish to eventually become Kenyan citizens. Here’s how the process can unfold:

1. Permanent Residency

   A foreigner may apply for permanent residency after holding a Class K permit for seven (7) years or has been married to a Kenyan citizen for three 9 3) years and demonstrating a commitment to residing in Kenya. This status offers more security and the right to reside indefinitely in Kenya.

Rights of a Permanent Resident

The rights enjoyed by a person having permanent residency include: –

1. the right to enter and remain in Kenya, subject to the provisions of The Kenya Citizenship And Immigration Act, 2011;
2. have the right to be employed in Kenya;
3. have the right to attend educational facilities;
4. have the right to own property legally in Kenya;
5. have the right to move and settle anywhere in Kenya;
6. have the right to access and enjoy social services and facilities in Kenya;
7. comply with residency obligation as may be prescribed.
8. be provided with a permanent residence certificate as prescribed under the regulations and
9. comply with such other conditions as shall be imposed under the Regulations.

Duties of a Permanent Resident

As a Kenyan citizen, you have duties which include duty to:-

1. owe full allegiance to the State and the Constitution of Kenya;
2. obey the laws of Kenya;
3. pay taxes as provided for under the laws of Kenya;
4. protect and conserve the environment and ensure ecologically sustainable development and use of natural resources;
5. cooperate with State organs and other Citizens of Kenya to ensure enforcement of the law;
6. respect and promote the dignity and rights of other persons;
7. respect and promote national integration and unity, peaceful co-existence; and
8. promote the values and principles prescribed in the Constitution.

1. Naturalization: After maintaining permanent residency for at least seven years, an individual may be eligible to apply for Kenyan citizenship through naturalization. This process involves meeting additional requirements, such as proficiency in Swahili and knowledge of Kenyan culture and laws, as well as not being convicted for any criminal offense.
2. Dual Citizenship: Kenya allows dual citizenship, meaning that an individual who becomes a Kenyan citizen through naturalization does not necessarily have to renounce their original citizenship, provided their home country also permits dual nationality.

Long-Term Benefits of Kenyan Citizenship

Becoming a Kenyan citizen offers several long-term benefits:

• Entry and Exit Rights: As a citizen you have the the right to enter, exit, remain in and reside anywhere in Kenya.
• Voting Rights: As a citizen, you have the right to be registered as a voter without unlawful restrictions and the right to participate in free, fair and regular elections based on universal suffrage and subject to the Constitution, to vote and vie for.
• Employment and Business Opportunities: Citizenship opens up the opportunity to engage in employment, run a business, and own property in Kenya without restrictions.
• Property Rights: the right to own land and other property in any part of the country, under the law.
• Public Appointment and Nomination: the right to be appointed to a public office subject to the Constitution and other relevant laws;
• Entitlement to the document of registration and identification: As a Kenyan citizen one is entitled to issued by the State to citizens, including—

1. a birth certificate;
2. a certificate of registration
3. a passport;
4. national identification card; and
5. a voter’s card, where applicable.

• Social Integration: Citizenship fosters a deeper sense of belonging and integration into Kenyan society, allowing for full participation in the country’s social, economic, and cultural life.

How Njaga & Co Advocates Can Help

If you’re considering retiring in Kenya and want to obtain a Class K permit, Njaga & Co Advocates is here to assist you every step. Our experienced legal team can guide you through the entire application process, from preparing and submitting your documents to navigating the legal complexities of securing your permit. We can advise on long-term residency options and the path to Kenyan citizenship, ensuring your transition to retirement in Kenya is smooth and hassle-free.

Contact Njaga & Co Advocates today to schedule a consultation and start your journey towards a peaceful retirement in one of the most beautiful countries in the world. Let us help you make Kenya your new home.

Book your consultation at: https://njagaadvocates.com/get-in-touch/