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Increases, obligations and possible changes for foreigners in Kenya

The visa, permit, licence plate and real estate situation

11-11-2023 by redazione

It is a crucial time in Kenya as far as the near future of foreign nationals is concerned. In recent weeks, between parliament, the council of ministers, government bodies and the official gazette, there have been several attempts to change, even drastically, the rules, laws and regulations that have been in place until now.
Kenya, we have mentioned several times, is a democracy and as such laws cannot be changed from one day to the next without all the appropriate institutional and bureaucratic steps being taken.
In the same way, citizens, whether private individuals, associations, activists or professional associations, can appeal to the courts against any decision that is defined as arbitrary.
Here are the attempts to turn the tables on the directives that regulate the entry and activities of foreigners in Kenya.

1. TOURIST ENTRY VISA

For months now, tourism trade associations have been working to try to make the costs less onerous for those who take a holiday in Kenya. The aim is mainly to entice more tourists to travel to Kenya and to make the destination more competitive with those offering better value for money solutions.
Unfortunately, since the new government took office, after the first relations had been forged between the diplomatic services, especially the European ones with the Italian one among the protagonists, with the Minister of Tourism Peninah Malonza, the latter was replaced with her former colleague at Foreign Affairs, Alfred Mutua.

In having to 'start afresh', the news is nevertheless positive, because Mutua knows Italy and its institutional interlocutors very well. A few months ago, when he was still Foreign Minister, he had visited Rome and discussed the issues of direct Italy-Kenya flights and Malindi International Airport with Deputy Finance Minister, Maurizio Leo, who has a home and part of his heart in Malindi.
Italy will now return to the table and will have him as a direct interlocutor in the very area most suited to talk about optimal solutions for tourism development and the incentive to bring more Italians to Kenya.

In the meantime, however, the government has attempted to play a 'trick' on those who want to visit Kenya as tourists, by trying to increase, even double, the entry fee, or rather the famous visa to be made online.
According to a special edition of the Official Gazette of 6 November, the visa would rise from the current 50 dollars (about 47 euros) to exactly double. But that's not all, the same ordinance would set renewal after three months at 30 thousand shillings (it used to be free). In short, it would be quite a drain, especially for those who organise short holidays in hotels or resorts. A price tag that could turn into a boomerang for Kenyan tourism, because many could compare the costs with those of other African destinations, such as neighbouring Tanzania or Cape Verde.

The conditional, fortunately, is a must because, as we said before, democracy has its stakes: a few hours after publication in the Official Gazette (normally 14 days must pass to make a rule effective, if no one opposes it or no one revises it) the High Court in Nairobi provisionally blocked the edict for the arrival of petitions. It is postponed for now until next 29 November.


2. WORK AND RESIDENCE PERMITS

The same publication in the Official Gazette on 6 November also indicated stellar increases for foreigners living and working in Kenya: work permits for investors would rise from 100 thousand shillings a year (they last two years and you have to pay in advance, so 200 thousand shillings, plus 10 thousand in advance to start the application) to 250 thousand! So 500 for the two-year permit, with the practice opening going up to 20 thousand. This proposal is also stalled, but has a better chance of being confirmed.


3. CAR NUMBER PLATES TO BE CHANGED

If you are a car owner, by April 2024 you will have to change your old car number plate with the new one containing a microchip, like modern ones. In order to do so, however, the car must be owned by the person applying to change the number plates and entered into the local motor vehicle registration authority (Ntsa) account, which, if it has not yet been set up, must be compulsorily done for anyone with a Kenyan vehicle and/or licence. The account is already indispensable for buying or selling a vehicle.
In order to act on the account, however, a valid Alien Card number is needed. But for the past two years Alien Cards have no longer been issued to non-resident foreigners.
It has been discussed for months that this rule should not be pre-empted, or that those who already own a vehicle can register it and be able to make any movement in the online account, even without the Alien Card.


5 PURCHASE AND SALE OF LAND AND REAL ESTATE

The issue of real estate transactions carried out by non-resident foreigners in Kenya, is linked to the PIN, i.e. the opening of a tax code in Kenya, which identifies one's position with the tax authorities. Again, to buy and sell you would need the Alien Card, but from some reports, with the PIN it may not be necessary or the expired one may be valid, just give the serial number.


6 OPENING A BANK ACCOUNT

Here, too, there is a proposal to change the regulations, which would not allow banks to let tourists open bank accounts. But this decision is always postponed, probably under pressure from the banks themselves. For now it is only strictly applied by the banks that have a direct line to the state, such as KCB and Equity Bank.

As always, the portal of Italians in Kenya will keep you updated on all the above issues.

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