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About Golden Visa Law in Vihiga, Kenya

Kenya does not operate a program formally called a golden visa. If you are looking for residence by investment options similar to golden visas offered in some other countries, the closest Kenyan pathways are long term immigration permits for investors and self sponsored residents. The most relevant are the Class G Investor Permit for persons who intend to engage in trade, business, or consultancy in Kenya, and the Class K Ordinary Resident Permit for financially independent persons who do not intend to work. These permits are issued nationally under the Kenya Citizenship and Immigration Act, 2011 and are administered by the Directorate of Immigration Services. Once granted, they allow you to live and operate anywhere in Kenya, including Vihiga County.

Because immigration is a national function, there is no separate Vihiga specific golden visa law. However, settling and investing in Vihiga involves county level steps such as business licensing, land due diligence, and compliance with local planning and environmental rules. A well prepared application that aligns national immigration requirements with Vihiga County regulations will reduce delays and risk.

Why You May Need a Lawyer

You may need a lawyer if you are choosing the right permit category for your goals. The Class G Investor Permit, Class K Ordinary Resident Permit, or a different work permit class may suit you depending on whether you will run a business, be employed, or retire. A lawyer can assess eligibility and guide you on the documentation and financial thresholds.

You may need help if you plan to register or acquire a business in Vihiga. Aligning your business plan and corporate documents with immigration criteria is critical, including company registration, shareholding structure, capital evidence, tax registration, and county business permits.

Legal assistance is important for land and property matters. Kenya restricts land ownership by non citizens. Foreigners can only hold leasehold interests and there are significant limitations on acquiring agricultural land. Lawyers conduct due diligence at the lands registry, obtain County consents, and structure compliant leases.

You may need representation with immigration filings. Permit and dependent pass applications are submitted on the national eCitizen system and processed by the Directorate of Immigration Services. An advocate can prepare forms, security bonds, statutory declarations, police clearances, and manage queries or appeals.

Legal advice helps with compliance after approval. This includes renewing permits, changing employer or business activity, adding dependents, tax compliance with Kenya Revenue Authority, county licensing renewals, and meeting reporting duties to immigration.

You will benefit from counsel if something goes wrong. Common issues include permit refusals, lapses causing overstay, incorrect entry status while waiting for a permit, or disputes around investment funds and land transactions. Lawyers can regularize status and protect your position.

Local Laws Overview

Kenya Citizenship and Immigration Act, 2011 and Regulations set the framework for entry permits, passes, permanent residence, and citizenship. The Class G Investor Permit generally requires evidence of genuine business activity in Kenya, a viable business plan, and proof of sufficient capital. Public guidance has historically referenced a minimum investment threshold that is often stated as at least USD 100,000 or an equivalent amount, but exact documentary requirements are set by the Directorate of Immigration Services and can change. The Class K Ordinary Resident Permit requires proof of assured income from sources outside Kenya and does not allow you to work in Kenya.

Company and investment rules are found in the Companies Act, 2015 and the Investment Promotion Act, which establish registration procedures and the Kenya Investment Authority. Most applicants set up a Kenyan company, obtain a Personal Identification Number from the Kenya Revenue Authority, and maintain proper corporate records to support the permit file.

Land law is governed by the Constitution of Kenya, 2010 and land statutes. Non citizens and companies with non citizen shareholders cannot hold freehold land. They may hold leasehold interests, typically up to 99 years. Transactions in agricultural land are heavily regulated. Transfers to non citizens are generally restricted and require special approvals. Always seek clearance and confirm land use status before paying deposits. In Vihiga County, you must also comply with county planning approvals and rates.

County licensing is governed by the Vihiga County Finance laws and related by laws. Most businesses operating in Vihiga must obtain a Single Business Permit from the County Government and any sector specific licenses. If your business involves construction, manufacturing, hospitality, healthcare, education, or activities affecting the environment, you may need approvals from national regulators and the National Environment Management Authority.

Tax compliance is required for residents and businesses. Registration with the Kenya Revenue Authority, timely filing, and payment of corporate tax, VAT, withholding taxes, and personal taxes are mandatory where applicable. Immigration authorities expect proof of tax compliance when renewing permits.

Frequently Asked Questions

Does Kenya have a golden visa program?

No. Kenya does not brand any immigration route as a golden visa. The closest options are the Class G Investor Permit for business owners and the Class K Ordinary Resident Permit for financially independent persons.

What is the Class G Investor Permit?

The Class G Investor Permit is a long term residence and work authorization for people who intend to engage in a specific trade, business, or consultancy in Kenya. Applicants typically register a company, provide a business plan, show adequate capital and legitimate source of funds, and demonstrate the business will create value in Kenya.

Is there a minimum investment amount?

Public guidance often references a minimum of about USD 100,000 or an equivalent investment for Class G. The Directorate of Immigration Services decides on adequacy of capital and supporting documentation case by case. Always check current requirements before applying.

Can I qualify by buying real estate in Vihiga only?

Buying real estate alone does not qualify you for a Kenyan residence permit. In addition, non citizens cannot own freehold land and face restrictions on agricultural land. If property is part of a genuine business that meets Class G criteria, it may support the application, but careful structuring and compliance are required.

Can I bring my spouse and children?

Yes. If your permit is approved, your spouse and dependent children can usually obtain dependent passes. They may study in Kenya. A dependent pass does not grant the right to work. A person who wants to work must hold an appropriate permit in their own right.

How long does the permit process take?

Processing timelines vary. Many applicants should plan for several weeks to a few months from a complete filing. Timing depends on the permit class, completeness of documentation, security vetting, and any queries raised by immigration.

Can I apply while in Kenya on short term entry?

You may enter Kenya under the prevailing entry authorization policy, then file your permit application on the national portal. Short term entry status does not allow you to work. You must wait for permit approval and issuance before engaging in employment or business operations that require a permit.

What documents are typically required?

Common items include a valid passport, recent photographs, completed forms, cover letter, company registration documents, business plan, bank statements and proof of capital, source of funds evidence, tax PINs, curriculum vitae, professional certificates where relevant, police clearance, and a security bond. The exact list depends on the permit class and your circumstances.

What are my tax obligations if I move to Vihiga?

Tax obligations depend on your residence status and the type of income. Companies and individuals must register with the Kenya Revenue Authority and comply with corporate, personal, VAT, and withholding tax rules as applicable. A tax advisor can help you structure operations in a compliant and efficient way.

Is there a pathway to permanent residence or citizenship?

Kenya offers permanent residence under defined categories, such as long term residents and spouses of citizens, subject to strict criteria and residency periods. Kenya does not offer citizenship by investment. Naturalization requires lengthy lawful residence and meeting statutory conditions.

Additional Resources

Directorate of Immigration Services for permit classes, requirements, and processing. Applications are submitted on the national eCitizen system.

Kenya Investment Authority for investor facilitation and guidance on establishing enterprises.

Kenya Revenue Authority for tax registration and compliance requirements.

Business Registration Service for company incorporation and corporate filings.

Ministry of Lands and Physical Planning and the National Land Commission for land records, leases, and consents relevant to Vihiga.

National Environment Management Authority for environmental impact assessment and licensing where applicable.

Vihiga County Government for Single Business Permits, local trade licenses, planning approvals, and county rates.

Regional Immigration Office in Kisumu serves Western Kenya and can assist with certain immigration services and inquiries.

Next Steps

Clarify your goal. Decide whether you will invest and operate a business in Vihiga, retire without working, or take up employment. Your objective determines the correct permit class and documentation.

Consult a Kenyan immigration lawyer and, if investing, a corporate and land lawyer familiar with Vihiga County. Ask for an eligibility review, a document checklist tailored to your case, and a timeline with key milestones.

Structure your investment. Register a company if needed, open a Kenyan bank account, obtain Kenya Revenue Authority PINs for you and the company, and prepare a credible business plan aligned with local market realities in Vihiga. Secure any sector approvals that your business will require.

Prepare your immigration file. Gather passports, photographs, police clearances, financial evidence, company documents, and draft the application forms and security bond. Ensure that dependents have birth and marriage certificates and passports ready.

File on the national portal and track progress. Respond promptly to any immigration queries. Do not work or operate regulated business activities until the correct permit is approved and issued. Once approved, complete biometrics and obtain your foreigner certificate.

Complete local compliance in Vihiga. Obtain the Single Business Permit and any trade or health licenses, register for county rates if you hold a lease, and meet environmental and planning requirements. Calendar renewals for permits, passes, and licenses.

Maintain compliance. Keep proper accounts, file taxes, renew permits on time, notify immigration of material changes, and seek legal advice before changing your business scope, employer, or ownership structure.

This guide is for general information. For advice on your specific situation in Vihiga, engage a qualified Kenyan advocate.

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Disclaimer:
The information provided on this page is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and relevance of the content, legal information may change over time, and interpretations of the law can vary. You should always consult with a qualified legal professional for advice specific to your situation. We disclaim all liability for actions taken or not taken based on the content of this page. If you believe any information is incorrect or outdated, please contact us, and we will review and update it where appropriate.