The Kenya Citizenship and Immigration (Amendment) Regulations, 2024, (The Regulations) which established the new class N-Digital Nomad Permit, were introduced on
1 October 2024, by the Cabinet Secretary for Interior and National Administration.
The new Class N-Digital Nomad Permit is issued to non-Kenyan citizens employed by companies based outside the country but work remotely from Kenya, or freelancers remotely working from Kenya for a company domiciled outside of Kenya. This new permit opens the door for international remote workers who want to experience Kenya’s rich culture to legally work from Kenya and provides a possible route to permanent residency and eventually, citizenship.
The Digital Nomad Permit varies from the Class D-Work Permit and Class G-Investor Permit in that, it is limited to foreigners who are employed by companies domiciled outside Kenya but work remotely from Kenya as opposed to the Class D and G Permits whereby the applicants are employed by companies, employers or organisations based in Kenya.
The Regulations make provisions for the following eligibility requirements for issuance of the Digital Nomad Permit:
• A valid national passport;
• Proof of remote work;
• Assured income of USD 55,000 derived from sources outside Kenya;
• Proof of accommodation in Kenya; and
• Proof of a clean criminal record from the country of habitual residence.
The Regulations further provide that the applicants should undertake not to accept any form of employment or engage in any income-generating activities of any kind in Kenya for an employer/company domiciled in Kenya. The applicants’ presence in Kenya should also be of benefit to Kenya.
The fees for the new permit class were not set by the Regulations. The Government has not yet clarified when they will release guidelines on the application process, applicable fees and the Permit’s validity period. We anticipate that more information will be released in due time.
We have prepared this alert cautiously to serve the purpose of general guidance, and not intended to constitute specific legal advice. For specific professional advice concerning this alert, please contact our Partner Victoria.Muya@CMS-DI.com.
*Contributors
• Wambui Kariuki, Associate
• Nancy Muturi, Company Secretary
• Dennis Karuri, Company Secretary
