Digital Nomads working in Kenya - How to be Legally Complaint

What Digital Nomads in working in Kenya should know to be Legally Compliant

If you are a foreigner staying in Kenya and working remotely, here are some guidelines to ensure that you are legally protected.

1. Obtain the Correct Visa or Permit

If you're looking to work remotely in Kenya for a few weeks or months, a tourist visa is the simplest option. This visa allows you to stay in the country for up to 90 days and can be extended for an additional 90 days. The tourist visa is typically intended for leisure, but remote work for a foreign employer currently falls into a legal grey area, as you're not engaging in local employment. 

For extended remote work stays, applying for a special pass or work visa is advisable. While Kenya does not yet have a dedicated “digital nomad visa,” several options allow remote workers to stay legally.

• Special Pass:

This is a temporary permit allowing you to legally stay and work in Kenya for up to six months. While it is traditionally for short-term projects, it can be an interim solution for remote workers planning to stay longer than the tourist visa permits.

• Work Visa (Class D):

If you plan to stay in Kenya long-term, a Class D work visa may be necessary. However, this visa is typically issued to foreigners employed by Kenyan companies or working on specific projects in Kenya. As a remote worker employed by a foreign company, you might face challenges proving eligibility.

2. Register as an Alien

Upon arrival, foreigners staying longer than three months must register for an alien card.

3. Register for a Personal Identification Number (PIN)

If you plan to stay for an extended period or engage in financial transactions like opening a bank account, you must register for a Kenya Revenue Authority (KRA) PIN. This is a legal requirement for tax purposes. 

3. Understand Tax Residency Rules

Staying in Kenya for more than 183 days in a calendar year makes you a tax resident. As a tax resident, you're required to declare and pay taxes on your worldwide income, subject to any applicable tax treaties. Consult a lawyer or tax advisor to avoid double taxation if your country has a tax treaty with Kenya. 

4. Open a Local Bank Account (Optional)

While not mandatory, opening a local bank account can simplify financial transactions and tax payments.

5. Comply with Local Laws and Regulations

Ensure that your work activities comply with Kenya’s employment and data protection laws, especially if working with local clients or handling sensitive information.

6. Seek Professional Guidance

Navigating immigration and tax laws can be complex. Consult us to ensure you meet all requirements and avoid any penalties.