Kenya Clarifies Work Visa Rules, Warns Foreigners Against Misusing Visitor Status

By Monyonge O’kebati

The government has clarified that Kenya’s visa-free entry regime does not give foreigners automatic permission to work, trade or operate businesses in the country.

The Ministry of Investments, Trade and Industry said foreigners entering Kenya as tourists or investors must comply with immigration and work permit requirements when engaging in employment, trade or other business activities.

In a statement issued by Cabinet Secretary Lee Kinyanjui, the ministry said the clarification follows an announcement by President William Ruto on work visa applications for foreigners.

The government said Kenya introduced a visa-free entry regime on January 1, 2024, allowing visitors from across the world to enter the country without traditional visa requirements. In January 2025, Kenya also removed Electronic Travel Authorisation (eTA) requirements for citizens of most African countries.

According to the ministry, the measures have had a positive impact on tourism and investment, and the government remains committed to implementing the visa-free policy.

However, the ministry raised concern over what it described as the deliberate misuse of visa applications by some visitors, saying some individuals have entered the country under investor or tourist status before engaging in activities that are outside the terms of their entry.

The government particularly pointed to the growing presence of foreigners in retail and local trade sectors, saying there was a need to ensure that those involved comply with Kenya’s work permit and other regulatory requirements.

“Visa-free entry or exemption from eTA requirements does not in itself confer the right to engage in employment, trade or business in Kenya,” the ministry said.

It warned that foreigners found violating applicable visa provisions could have their visas revoked in accordance with the law.

EAC citizens

The government also stressed that enforcement of the directive would take into account Kenya’s obligations under the East African Community (EAC) framework.

Kenya, as an EAC member state, has committed to the free movement of goods and people within the Customs Union, a consideration the government said would remain important when implementing immigration and work permit requirements affecting citizens of other EAC Partner States.

The ministry assured that enforcement would be undertaken in a lawful, orderly and transparent manner, while respecting the spirit of regional integration.

At the same time, Kinyanjui said Kenya would remain open to legitimate foreign investors and businesses that operate within the law and contribute to economic growth, job creation and national development.

The clarification effectively draws a distinction between the right to enter Kenya and the right to work or conduct commercial activities in the country, with foreigners required to obtain the appropriate permits where applicable.