Class N Permit Requirements in Kenya: What the Law Says on Income and Local Work

Guidance on Kenya’s Class N digital nomad permit is thin and not always consistent. The Directorate of Immigration Services publishes one set of requirements on its application portal, while the law itself sets criteria in a schedule to the Regulations. This article compares the two and flags what applicants should confirm before applying.

Where the legal text sits

The Seventh Schedule to the Kenya Citizenship and Immigration Regulations, 2012, lists the permit classes. Class N was inserted by Legal Notice No. 155 of 2024, dated 1 October 2024. The consolidated text of the Regulations on Kenya Law shows the amendment. A later amendment, gazetted as Legal Notice No. 198 of 2024 in Supplement No. 225, is listed in the Kenya Gazette of 10 January 2025; we have not read its text and do not rely on it here.

Who qualifies under the Schedule

Class N is for a person who has been offered employment by a company based outside Kenya but works remotely from Kenya, or a freelancer working remotely from Kenya for a company based outside the country. The applicant must have a valid passport, proof of remote work, an assured annual income of USD 55,000 derived from sources outside Kenya, proof of accommodation in Kenya, and a clean criminal record from the country of habitual residence. The applicant must undertake not to accept employment, paid or unpaid, or engage in income-generating activities of any kind in Kenya for an employer or company domiciled in Kenya. The applicant’s presence must be of benefit to Kenya.

What the Directorate’s pack says

The Directorate information pack for Class N lists three categories of applicant: an employee under contract with a foreign company, a shareholder or business operator acting for a foreign company, and a self-employed person serving clients outside Kenya. It states a non-refundable processing fee of USD 200 and an issuance fee of USD 1,000 per year, a validity of one or two years, and a document list that includes three months of bank statements or payslips. It does not state a minimum income figure.

Reading the two together

The Schedule states USD 55,000; the pack states no figure. We read the Schedule as the binding text and the pack as the Directorate’s administrative guidance. An applicant earning below USD 55,000 should not assume the pack’s silence means the requirement has been dropped. Ask the Directorate in writing, and keep the reply. We have not seen a published instrument removing the figure.

The local work restriction

The undertaking not to work for a Kenya-domiciled employer is significant. It rules out taking a Kenyan employer or Kenyan company as a client or employer while on the permit. A self-employed holder serving only foreign clients stays within it. A holder who later wants Kenyan work needs a different permit; see our guide to work permit classes and work permit fees.

Tax is a separate matter

None of these criteria deals with tax. A holder who becomes resident is exposed to Kenyan tax on foreign employment income; see Does a Class N permit exempt your foreign income? and our main Class N guide.

Before you apply

Assemble evidence of income that meets the Schedule figure, not only the pack’s three-month statements. Confirm the current fees. Check whether any later amendment affects the criteria. Have the employer letter drafted so that it confirms a foreign employer and no Kenyan engagement.

Documents and process

The Directorate’s information pack lists the documents for a Class N application. They include the completed and signed Form 25 submitted online, two recent passport-size photographs, a copy of a valid passport, evidence of current immigration status if the applicant is already in Kenya, a signed cover letter from the applicant to the Director General of Immigration Services, and a signed cover letter from the employer or company. The pack also lists three months of bank statements or payslips, proof of accommodation such as a hotel booking or lease, a letter of no objection from the applicant’s embassy, and company and contact details. Incomplete applications are not accepted.

The printed application form is presented at Immigration headquarters at Nyayo House or a regional office for payment and processing, according to the pack. Working or doing business in Kenya without the required permit is an offence, so do not begin work before the permit is issued.

Fees and validity

The pack states a non-refundable processing fee of USD 200 and an issuance fee of USD 1,000 per year of validity, with a permit of one or two years that can be renewed. On those figures a one-year permit would cost USD 1,200 and a two-year permit USD 2,200 in fees, but the pack does not state those totals and we have not verified them against the legal instrument that sets the fees. Confirm the amounts with the Directorate when you apply.

Points to watch in the employer letter

The undertaking not to work for a Kenya-domiciled employer means the employer letter should say clearly that the employer is outside Kenya and that the applicant will not take Kenyan employment. A freelancer should describe the foreign clients being served. Inconsistency between the letter, the bank statements and the application is the commonest reason we see for delay, so check them against each other before filing.