Burundi residents camp outside their Embassy along Dennis Pritt Road, Nairobi on September 8 / EZEKIEL AMING'AEast African Community (EAC) nationals living, working or conducting business in Kenya have been urged to regularise their stay following a directive from President William Ruto.
Nominated Senator Crystal Asige has outlined the legal position for EAC nationals who intend to reside in Kenya while working, trading or running businesses, pointing them to the Class R Permit as the applicable immigration status.
The permit is issued to a citizen of an EAC Partner State who is not a prohibited immigrant and intends to reside in Kenya while engaging in employment, an activity, business, trade or a prescribed profession, where their presence will be of benefit to Kenya.
Asige said affected EAC nationals can apply for the permit through the Kenya eFNS portal on eCitizen.
“My heart goes out to those affected and still confused about what immigration laws to follow after yesterday’s deadline. Here is the legal position to help you plan,” she said.
The Class R Permit is available to nationals of Burundi, Rwanda, Uganda, Tanzania, the Democratic Republic of Congo (DRC) and South Sudan. Somalia is also an EAC Partner State.
The permit itself is free, with both the processing fee and final issuance fee listed as Sh0.
However, EAC nationals residing in Kenya on a long-term basis are still required to fulfil standard Foreign National Registration requirements, including the applicable annual Alien Card fee, which is separate from the Class R Permit.
Who needs a Class R Permit?
Not every EAC national visiting Kenya automatically requires a Class R Permit.
EAC citizens enjoy general movement rights under the EAC Common Market framework. However, those intending to reside, work or run a business in Kenya must ensure that they hold the appropriate legal status.
The Class R Permit therefore applies to EAC nationals who intend to establish residence in Kenya while engaging in employment, business, trade or another qualifying activity.
Applicants are required to complete and sign Form 25, which is filled out online and printed at the end of the application.
They are also required to provide two recent passport-size coloured photographs and a copy of the bio-data page of a valid national passport.
Those already in Kenya must provide their current immigration status.
Other requirements include a cover letter from the organisation or employer addressed to the Director General of Immigration Services, a certificate of registration of the organisation or business, academic or professional certificates and clearance letters or licences from relevant bodies for members of prescribed professions.
Additional documents apply depending on the nature of the applicant's activity.
For investors, the requirements include proof of capital investment, proof of land ownership or lease for farmers, a shareholding certificate (CR 12) and proof of source of income for residents.
For renewals, applicants may be required to provide individual and employer Tax Compliance Certificates, while investors are required to produce a Tax Compliance Certificate for the company.
Labourers and small-scale traders may also be required to provide a Kenyan police clearance certificate.
What about missionaries?
There are additional requirements for EAC nationals applying as missionaries.
These include a letter from the sending religious society in their home country and proof that the society is registered.
Applicants are also required to provide details of the sending society's headquarters, including its physical address, telephone number, email address and the contact details of a senior official.
A supporting letter from a local umbrella religious body, such as Supkem, the Hindu Council or Sikh Union, or another recognised religious body, is also required.
Applicants may further be required to provide documentary proof of training in their religious faith and a certificate of ordination where applicable.
Details of the Kenyan workstation are also required, including its name, physical address, telephone number, email address and contact person.
What should traders and investors know?
EAC Partner States have established investment procedures covering key areas such as starting a business, hiring labour, obtaining work and residence permits where applicable, paying taxes, acquiring land and property, and building and construction.
Trade procedures and other procedures include sectoral permits, Export Processing Zones, Special Economic Zones and investment incentives.
The EAC Partner States have also established legal and institutional frameworks for handling these investment procedures.
In Kenya, the material provided points to Articles 3-11 of the Kenya Investment Promotion Act 2014 in relation to investment procedures.
A foreign investor investing in foreign direct investment in Kenya is required to register with the relevant corporation before engaging in investment, with the corporation able to appoint agents to facilitate registration.
The corporation may also request clarifications and additional information for purposes of registration.
However, the Investment Promotion and Facilitation Bill, 2023 should not be treated as current law. The information provided indicates that the Bill had not yet been passed into law and remained at the parliamentary and public participation stages as of mid-2026.
The application print-outs must be presented at Immigration Headquarters or another designated regional immigration office where required.
The guidance also states that engaging in any form of business or employment without the requisite permit or pass is an offence.
For EAC nationals affected by the immigration deadline, the Class R Permit provides a route for those intending to reside in Kenya while working, trading or conducting business to regularise their stay.
This comes after hundreds of Burundian nationals flocked to their country's embassy in Nairobi seeking emergency travel documents and passports following a directive by President Ruto to crack down on foreign nationals operating small-scale businesses without valid work permits.
The directive has created severe anxiety and prompted many traders to prepare for departure out of fear of harassment.
