By Elainer Mogoa

Kenya has introduced a distinct immigration category, the Class R (KEP/R) Permit, specifically applicable to citizens of the East African Community (EAC). This represents a shift in the regulatory treatment of EAC nationals and has direct implications for individuals and employers operating within the region.

Under the Kenya Citizenship and Immigration Act, work authorisation has traditionally been structured around activity-based classes (A-G), including Class D (specific employment) and Class G (trade or business). Until recently, EAC nationals were required to apply within this general framework and indicate their eligibility for gratis consideration on account of their nationality. While application fees were often waived in practice, the underlying legal structure remained that of a foreign national permit.

The operationalisation of Class R separates EAC nationals from this A-G framework. Eligible applicants now proceed under a standalone permit class created specifically for EAC citizens, The fee waiver principle is incorporated into the structure of the permit itself, providing greater procedural certainty. Application, issuance, and renewal fees are generally waived, although statutory obligations including alien registration and compliance with Kenyan tax legislation remain applicable.

Class R is available to citizens of Uganda, Tanzania, Rwanda, Burundi, South Sudan, and the Democratic Republic of the Congo. The permit authorises residence and engagement in lawful employment, trade, business, or professional activity in Kenya, subject to compliance with applicable laws.

The existence of a distinct and largely fee-exempt category does not diminish regulatory scrutiny. Immigration status must correspond with the actual nature of the engagement in Kenya. Employers must ensure that employment contracts, payroll treatment, tax reporting, and corporate registrations are consistent with the permit held. Similarly, individuals undertaking business activities must ensure that their immigration authorisation aligns with the underlying corporate and licensing structures.

We advise both EAC nationals and regional employers on the structuring and submission of Class R applications, as well as the associated employment and tax considerations. If you are engaging EAC nationals our immigration and tax team can assess eligibility, structure the application appropriately, and ensure full alignment with Kenyan regulatory requirements.