Since 2003, Healy Consultants Group assists multinational Clients doing business in Kenya including i) company registration ii) regulatory licences iii) nominee professional, passive resident director and shareholder and iv) Kenyan multi-currency corporate bank account opening v) employment visas and vi) office rental solutions.

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Kenya business setup summary

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• Advantages of doing business in Kenya

  

  1. Kenyan business set up is easy if you know how. Specifically:
     • Within a month, a Kenyan LLC can be legally incorporated and a tax registration number received;
     • Only one director and one shareholder is required, there is no minimum paid up capital requirement and no travel requirement;
     • All going well, within four weeks Healy Consultants Group’s banking team can open a Kenya multicurrency corporate account with quality e-banking. Our Clients are not required to travel to meet the bank;
     • For multinational Clients looking to fast secure a government contract in Kenya, we also offer a fast Kenya business set up solution;
     • To streamline company set up formalities, the Kenyan government operates several ‘one stop shops’ across the country which assist with business registration, licensing and support services.
  2. Kenya is a gateway to serve African regional markets because:
     • Kenyan exporters enjoy low- or zero-tariff access to more than 20 countries and 450 million people because of the country’s membership of regional trade blocs including the Common Market for Eastern and Southern Africa (COMESA) and the East African Community (EAC);
     • Compared to other countries in East Africa, Kenya has reasonable road, rail, airport and port networks including Mombasa Port, a new deep water port at Lamu under construction, and a new dry port at Naivasha, which opened in 2020;
     • East Africa is the continent’s fastest-growing region. For example, Ethiopia registered 9% average annual GDP growth since 2010, while in 2019, Kenya’s economy grew 5.7%, one of the fastest in sub-Saharan Africa. The World Bank says growth was underpinned by a ‘stable macroeconomic environment, positive investor confidence and a resilient services sector’.
  3. Kenya boasts seven Export Processing Zones (EPZ), ideal for export-orientated foreign investors, particularly manufacturers. A Kenyan EPZ company enjoys many benefits including:
     • Being legally exempt from corporate income tax and withholding tax for up to 10 years;
     • Indefinite exemption from VAT and customs import duties and stamp duties;
     • Can operate with a single licence that will be approved within a month;
     • Good infrastructure within the free zone compared to outside the zone, including modern ready-made factories, good security and serviced land;
     • Konza Technology City will provide office space, infrastructure and incentives to business process outsourcing companies when it is complete. KTC is being built as part of Kenya’s Vision 2030 initiative.
  4. The Kenyan domestic market is also attractive for some multinational Clients because:
     • Spending power among ordinary Kenyans is increasing. For example, in 2019 disposable personal income was US$79 billion, up from US$72 billion in 2018. The country’s population of 52 million is growing fast, thereby boosting demand for consumer goods such as electronics, cars etc;
     • A major growth sector in Kenya is telecoms. In the coming years, there will be huge demand to expand the country’s telecoms networks. Kenya already ranks 3rd in Africa in terms of telecoms network quality. About one fifth of the country’s population currently has internet access;
     • Kenya is also an emerging African e-commerce hub. More Kenyans are using e-payments and banking online via mobile phone. The Covid-19 situation in 2020 accelerated this trend;
     • Business process outsourcing: Kenya’s low labour costs, English-speaking population and good educational standards make it an increasingly popular destination for business process outsourcing. Being in the UTC+3:00 time zone, Kenya can serve both Europe and the Middle East on more convenient hours than other popular BPO locations like India.
  5. Compared with South Africa, running a business from Kenya is cost effective. For example:
     • Water and electricity bills in Kenya are one third of those in South Africa, making it attractive for energy-intensive industries such as manufacturing;
     • Communications tariffs (e g mobile and internet plans) are significantly cheaper in Kenya;
     • The average monthly salary in Kenya is US$1,263, compared with US$2,088 in South Africa. Furthermore, grade A office space in Nairobi CBD is about half the going rate in Johannesburg;
  6. Kenya has the largest qualified talent pool in East Africa. For example i) an estimated 80% of the population is proficient in English, the second highest figure on the continent after South Africa. Foreign business owners in Kenya should therefore have little difficulty communicating with government workers, bank officers, customers, suppliers and fellow entrepreneurs. It is also easy to recruit English-speaking staff for a Kenyan business ii) three quarters of the population is computer literate, making employees more employable and productive and iii) skilled labour standards are the second best on the continent after South Africa;

• Problems with doing business in Kenya

  1. Outside free zones, Kenyan businesses suffer high taxes. For example i) corporate income tax is 30% ii) withholding tax is 20% and iii) VAT is 16%. The withholding tax burden on Kenyan companies is increased since Kenya has signed only seven double taxation treaties with other countries;
  2. Although the World Bank ranks it one of Africa’s best places to do business, our multi-national Clients complain of:
     • Challenges in everyday dealings with inefficient government departments. Examples of government inefficiency include i) taking an average of three months to secure a work visa for a foreign employee ii) taking four months to receive refunds for VAT and withholding taxes and iii) one month to obtain customs clearance;
     • Corrupt public servants that raises the costs of doing business;
     • A weak judicial system. Foreign investors receive little support in resolving disputes;
     • Frequent project delays and frequent power cuts;
     • Poor security for employees, exacerbated by regular deadly terror attacks by Al Shabab and high crime rates in general. Kenya has a high crime rate. In addition to taking care of their personal safety, investors often have to spend money on securing property, offices, land and their employees. Business insurance premiums are high;
     • While infrastructure in Kenya is better than in most East African countries, it is nevertheless in poor shape and hinders movement of people and goods. Electricity supply is erratic, roads and railways are in varying condition, and telecoms networks are prone to outages. To run a modern, efficient office in Kenya, an investor will have to spend money;
  3. Getting a work permit for a skilled expatriate is difficult. Normally, a Kenyan company will have to deposit at least US$100,000 in a Kenyan bank account, or have an auditor’s report confirming that previously at least US$100,000 was invested, before the authorities will grant the visa. This unwelcome cash flow consideration impacts small businesses in particular;
  4. While in theory it is possible to freely repatriate money out of Kenya, in practice any transaction exceeding US$10,000 must be supported by documentary proof of the reason for the transfer;
  5. It is very difficult for a foreigner to acquire land in Kenya for a project. Land regulations are opaque, and the Ministry of Lands has cumbersome regulations;
  6. Foreign ownership of Kenyan companies is restricted in aviation, insurance, telecommunications and agriculture. National resident shareholders are required.
  7. Kenya Revenue Authority (KRA) requires foreign-owned Kenyan companies to i) appoint a local registered tax agent and ii) show a minimum investment of US$100,000 in foreign or local bank account, before allotting a Corporate Tax Number.