Trade In services
Trade In services
The Insurance Regulatory Authority (IRA) oversees Kenya's insurance industry. Investors interested in transacting life, non-life insurance or reinsurance business are required to establish operations through a company or subsidiary and obtain licence from the Authority.
At least 1/3 of the controlling interest is reserved for citizens of the East African Community (EAC) Partner States and at least one-third of board members must be local citizens, with the principal officer required to be a resident of Kenya.
Insurance companies are required to have approved reinsurance arrangements. The mandatory reinsurance cessions are as follows: 20% reinsurance treaties to the Kenya Reinsurance Corporation, 10% to the Preferential Trade Area Re-insurance Company (Zep-Re), and 5% to the African Re-insurance Corporation.
Investors interested in transacting life insurance need to establish a locally incorporated company and apply for licence from the Insurance Regulatory Authority.
Click link below to see the market requirements for establishing an insurance company to transact life insurance
Reinsurance licenceReinsurance services can be supplied through cross border supply upon approval by the Commissioner and demonstration of the unavailability of the service in the domestic market or through establishment of commercial presence in Kenya. Investors can establish commercial presence by incorporating local companies/ subsidiaries (foreign branches are prohibited) and applying for licence from the Insurance regulatory Authority. The maximum foreign ownership allowed in the company is 66.6%(two-thirds) with at least one board of directors being a Kenyan national and the managers residents of Kenya.
Click here to see the market requirements for establishing a reinsurance company in Kenya
Non Life insuranceGeneral insurance services are offered by Insurance Regulatory Authority licensed insurance companies. Foreign investors can enter the market through establishment of commercial presence in form of companies/subsidiaries. The maximum foreign ownership in the company is 66.6% (two-thirds) with at least one board of directors being a Kenyan national and the managers residents of Kenya.
Click link below to see the market requirements for establishing an insurance company to supply non-life insurance
This licence is issued to persons who carry on the business of assessing, valuing and negotiating losses on behalf of the insurer, insured or any other interested parties
Loss adjustors licence Insurance Surveyors Licence Insurance Risk Manager Licence Insurance Investigator LicenceThis licence is issued to persons who carry on the business of investigating losses and tracing, on behalf of the insurer, insured or any other interested parties
Insurance Claim Settling Agents Licence Insurance agent licensing
To establish an insurance company, an investor must first get approval from the Insurance Regulatory Authority, register the company, and then apply for a license to operate.
The commercial banking sector in Kenya is regulated by the Central Bank of Kenya. Different forms of market entry is allowed including cross-border supply, establishment of commercial presence, and movement of natural persons. To establish commercial presence, suppliers have the options of registering companies, subsidiaries, branches and representative offices. The maximum individual shareholding is capped at 25%.
Lending is regulated, with banks prohibited from advancing loans exceeding 25% of their core capital and required to maintain at least 20% of their deposit liabilities in liquid assets. Further, banks are allowed to operate within the scope defined by their licenses but are restricted from engaging in insurance underwriting, securities brokerage, and certain retail and wholesale activities among others.
NB/The Central bank has put a moratorium of licensing of commercial banks till further notice.
Click on the link below to see the market requirements for establishing a commercial bank in Kenya.
The Central Bank , under sec 43 of the Banking Act, is empowered to authorize a bank or financial institution incorporated outside Kenya which does not propose to transact banking or financial business in Kenya to establish a Representative Office in Kenya
Permitted Operations
Prohibited Activities
A Representative Office operating in the country is prohibited from:
The Central Bank of Kenya (Amendment) Act, 2021 empowered CBK to license, regulate and supervise digital credit providers (DCPs) to ensure a fair and non-discriminatory marketplace for access to credit.
Credit reference bureau licenceA Credit Reference Bureau (CRB) is an entity licensed to collect and collate credit information on individuals and businesses from different sources and provide that information upon request mainly by credit providers in the form of a credit report.
The Board of Registration of Architects and Quantity Surveyors (BORAQS) is the body that regulates the professions of Architecture.
Forms of establishment
The following forms of establishment are allowed in Architectural Services: Companies, Subsidiaries, Branches of Foreign Companies, Partnerships, Limited Liability partnerships and Sole Proprietorships
Practice and Registration
Professionals coming into Kenya are required to practice under a local Architect for a minimum of 2 years. This then allows them to sit for professional examination which upon completion they apply to be registered architects through the Board. EAC Partner States professionals are given preferential treatment and can register as professionals without sitting for the professional examinations.
Once a registered architect one is eligible for business registration with the Business Registration Service
Alternatively foreigners who have not practised under a local can register a business as long as 51% of the shareholding is a local architect.
See below the Architectural procedures of Professional Examination, Professional Registration and Firm Registration:
Engineering Services in Kenya are regulated by the Engineers Board of Kenya.
Forms of establishment
The following forms of establishment are allowed: Companies, subsidiaries and partnerships.
Registration and Practice
For a foreign firm incorporated in Kenya to be registered as a consulting engineer firm a minimum of 51% shares should be held by Kenyan citizens who are consulting engineers. The rest of the shares, if held by foreign persons, must be for persons registered by the respective engineering bodies of their country of origin and also by Engineers Board of Kenya as Temporary Professional Engineers.
The registered business is then required to obtain registration with the Engineers Board of Kenya.
See below the procedures and market requirements for registration as a temporary professional engineer and registration as an engineering consulting firm:
Temporary Registration is for engineers who are not ordinarily residents in Kenya but intend to be present in Kenya in the capacity of a Registered Engineer for a period not exceeding one year or for the duration of any specific work for which they have been engaged as per Section 23 of the Engineers Act 2011 and Rule 6 of the Engineers Rules 2019.
Engineering consulting firm registrationFor a foreign firm incorporated in Kenya to be registered as a consulting engineers firm a minimum of 51% shares should be held by Kenyan citizens who are consulting engineers. The rest of the shares, if held by foreign persons, must be registered by respective bodies of their country of origin and also by Engineers Board of Kenya as Temporary Professional Engineers.
Health services can be accessed through various channels such as cross-border supply, consumption abroad, or the movement of health professionals.The Kenya Medical and Dental Practitioners Council regulates the training, practice, and licensing of medical and dental professionals, as well as healthcare institutions, including private hospitals, clinics, and funeral homes.The Nursing Council of Kenya (NCK) on the other hand oversees nursing and midwifery.
AfCFTA Partner States looking to establish a commercial presence in Kenya must register their business, with no foreign ownership restrictions in private firms, except for state-controlled public institutions, where the government must hold at least 51% ownership.
Click below link to see market requirements for establishment of a health facility in Kenya.
Foreign trained doctors who possess qualifications equivalent to MBChB and BDS from the University of Nairobi are required to sit Council exams in order to determine their eligibility for registration.
Graduates from the East African Partner States (EAC) except Tanzania, who qualify from approved medical and dental schools are however exempted from Board exams under EAC Boards/Councils Reciprocal Recognition.
Foreign trained specialist registrationForeign trained doctors who possess qualifications equivalent to MBChB and BDS from the University of Nairobi are required to sit Council exams in order to determine their eligibility for either registration or internship training.
Graduates from the East African Partner States (EAC) who qualify from approved medical and dental schools are however exempted from Board exams under EAC Boards/Councils Reciprocal Recognition.
The main regulators of the construction services are the National Construction Authority and the County Governments. The Forms of establishment allowed are companies and Joint ventures. The Modes of entry allowed are Mode 3 and 4.
Registration and Practice
AfCFTA Member States professionals in the construction sector are required to register as contractors through the National Construction Authority. Foreigners are only allowed to undertake works under NCA category 1 while locals can undertake works in categories NCA1- NCA8.
A Joint Venture is required in instances where foreign companies are not incorporated in Kenya or incorporated in Kenya with 51% foreign ownership. The ratio of ownership of a joint venture for construction works between a local firm and a foreign firm shall be at least thirty percent for the local firm.
Projects also ought to be registered with the National Construction Authority and also obtain construction approvals from the respective county government where the project is located.
Contractors operating or willing to undertake construction operations in Kenya are required by law to register through the National Construction Authority (NCA). AfCFTA Partner States can only register for category 1 while locals can register for all categories.
The main regulators of the Communication sector are the Communication Authority of Kenya and the Kenya Film and Classification Board. The forms of establishment allowed are companies, branches of foreign companies, partnerships, sole proprietorships etc. The modes of entry allowed are modes 1,3 and 4.
Registration and practice
The 30% shareholding requirement for local shareholding was removed through a gazette notice on the 22 August 2023 by the Ministry of Information, Communications and the Digital Economy which was an amendment to the National Information Communications and Technology Policy Guidelines of 2020 and thereforeforeigners can register and obtain licences without local shareholding.
Once a registered entity one can obtain the licences for operations from the regulators depending on the activity of the business.
The Modes of entry allowed include Cross border supply, Commercial presence and Movement of natural persons. There are no restrictions on the form of business and investor can register a sole proprietorship, a company, a branch, a partnership etc. There are no restrictions on shareholding and the business can be wholly foreign-owned.
Further, the wholesale and retail sector operators are required to obtain a Business permit from the County government of each county they operate in. The licencing fee vary from one county to another as per their Finance Acts.