Kenyans has been hit by unease following a pronouncement by President William Ruto that foreign nationals be barred from operating micro and small enterprises in the country. The pronouncement particularly rattled nationals of East African Community (EAC) countries such as Burundi who have thronged into Kenya over the years.
The Business Daily reviews what it takes for EAC nationals to live, work or do business in Kenya.
Do EAC nationals need to pay for a work permit to engage in small-scale business in Kenya?
East African nationals do not require any fee to register for a work permit that allows them to engage in small-scale business in Kenya.
This applies to nationals from the eight partner states of the EAC: Kenya, Uganda, Tanzania, Rwanda, Burundi, South Sudan, the Democratic Republic of Congo and Somalia.
Citizens of other EAC partner states have the right to live, work, trade, and establish businesses in Kenya under the EAC Common Market Protocol and Kenyan immigration laws.
What papers do other EAC nationals require to live, work or do business in Kenya?
Under Kenya’s Immigration Laws, an EAC national wanting to live in Kenya must obtain the Class R permit.
The Class R permit in Kenya is a free, multi-use work and residence permit issued exclusively to citizens of EAC partner states.
The Class R Permit is a gratis work-and-residence permit for EAC nationals wishing to live, work, or run a business in Kenya.
What procedures does an East African national require to stay in Kenya?
If you are a national of any EAC Partner state doing small business in Kenya, you are required to regularize your stay under the new law.
However, individuals who are not classified as prohibited immigrants are not qualified under that law, as are foreigners/people who intend to reside in Kenya to work, trade, invest, or practice a prescribed profession.
First of all to stay in Kenya, one should be issued with the Class R permit in Kenya.
EAC nationals need to go to the Kenya eFNS portal on eCitizen and apply for a Class R Permit.
This new law is captured under a gazette notice in the Kenya Citizenship and Immigration Amendment Regulations 2024, by the Prime Cabinet Secretary and CS Foreign and Diaspora Affairs, Musalia Mudavadi.
Class R is intended for all skill levels, from workers and entrepreneurs to investors, as long as activities do not fall under other specific permit requirements.
The permit itself is FREE. The processing fee is Sh0, and the issuance fee is Sh0.
But if you intend to trade, EAC nationals, including foreign nationals, must comply with local business licensing, registration, tax laws, and professional regulatory standards-such as specific requirements for regulated professions like law or medicine.
A number of Burundians seated outside the Burundi Embassy in Nairobi with their luggage on September 9, 2026 as they wait to go back home.
Photo credit: Francis Nderitu | Nation Media Group
Is there a special requirement for other EAC nationals seeking to do business in Kenya?
Just like Kenyan local traders, operating small-scale businesses or informal trade requires proper documentation and compliance with Kenyan regulatory frameworks under the County governments as well as at the national level.
Among the documents you will need are your valid passport, a cover letter explaining what you do, your KRA PIN if you are doing business, and a police clearance for small traders.
You will then be required to pay about Sh 5,000 per year for Alien Registration, which is the Foreign National ID.
The application starts online, but you must print the forms and submit them physically at Immigration offices at Nyayo House in Nairobi.
Class R holders may work, start a business, invest, or practice a profession in Kenya without needing a separate work permit.
Can those from other EAC countries bring their spouses and children to Kenya?
They can also bring spouses and dependent children, who enjoy dependent/ EAC resident status.
The permit confers full legal status to live and work in Kenya.
However, it is not a pathway to citizenship; it’s a temporary permit.
Class R holders must still obtain employment passes or licenses for regulated jobs, if required by local authorities.
The Class R permit is typically issued for one or two years. Renewals are also fee-free.
The permit can be renewed before expiry by repeating the application process through eCitizen.
Can an EAC national become a permanent resident in Kenya?
Yes. EAC nationals can apply for Kenyan permanent residence after 7 years of continuous residency, subject to conditions under the Immigration Act.
It is the legal way to live, work, and trade in Kenya as an EAC citizen, and your right is protected by the EAC Common Market Protocol, which calls for 6 freedoms including free movement of goods, services, labour and capital as well as the Right of Establishment and the Right of Residence.
With the free movement of persons, EAC nationals have the right to enter, move freely, stay, and exit partner state territories without a visa.
What does the EAC Treaty under the Common Market Protocol provide for EAC nationals wanting to work and live in other EAC Partner states?
The EAC CMP provides for “six freedoms’-namely free movement of goods, labour, services, and capital: Then the right to residence and the right to establishment.
Under free movement of labour/ workers, the Treaty grants workers the right to accept employment offers and move across borders without discrimination.
And under the free movement of services, it is the right of EAC nationals to provide services across borders without nationality discrimination.
The right of establishment grants EAC partner states citizens the right to set up and manage businesses, companies, or professional practices in any partner state.
The East African Community Treaty does not treat or recognize all citizens/nationals of Kenya, Uganda, Tanzania, Rwanda, Burundi, South Sudan, the Democratic Republic of Congo, and Somalia as foreigners.
Under the Treaty for the Establishment of the East African Community, the term “foreigner” is not explicitly defined as a standalone word; instead, the treaty formally defines a “foreign country” under Chapter 1, Article 1 as “any country other than a Partner State.
Citizens of the EAC partner States are not considered foreigners relative to other member states in the context of community integration rights such as the Common Market Protocol principles governing the free movement of goods, labour, services, and capital, though they remain subject to local laws and immigration procedures of host partner States.
And while at it, the EAC Treaty lays emphasis on non-discrimination and transparency: Treating citizens of other partner states equally without bias based on nationality.
And providing open access to laws, regulations, and administrative guidelines affecting other members.
