This journey assumes
- The Indian parent is a company manufacturing finished human medicines in India, not a bank, NBFC or insurer, with no account classified as a non-performing asset.
- Products will be manufactured in India and imported into Kenya; local manufacturing in Kenya is not planned at the outset.
- The Indian investment is within the automatic route for overseas direct investment.
- The Kenyan entity will import, hold stock, promote and distribute to wholesalers, hospitals and tenders; it will not run retail pharmacies.
- Rules are stated as at 19 October 2026. Kenyan product registration requirements were largely not source-checked and must be confirmed with the Pharmacy and Poisons Board.
If any assumption is wrong for your business, the conclusions change. Ask WONE Global to re-run the analysis with your facts.
Both sides of the border, issue by issue
Each row is one part of the work. The left and right columns show what each country's rules require, so you can see where one side's decision constrains the other.
Investing from India and registering in Kenya
The Kenyan subsidiary is an overseas direct investment under India's FEMA rules, with a net-worth limit, a bona fide business test and reporting through one AD bank. In Kenya the Indian company can either incorporate a subsidiary or register itself as a foreign company with a local representative.
- The investment is governed by the RBI Master Direction - Overseas Investment (updated as on 1 April 2026) and the Overseas Investment Rules and Regulations, 2022, and the Kenyan company must carry on a bona fide business.12
- Total financial commitment to all overseas entities, including equity, loans and guarantees to the Kenyan company, must stay within 400% of the Indian company's net worth.3
- One AD bank is designated; Form FC is filed to obtain a UIN on or before the first remittance, and an Annual Performance Report is due by 31 December each year.456
- If the Indian company operates in Kenya directly, it registers as a foreign company under Part XXXVII of the Companies Act 2015 and appoints a local representative.7
- The local representative answers for the foreign company's statutory obligations and can be personally liable for penalties.8
- Incorporation steps for a Kenyan subsidiary, director and company secretary rules and the beneficial ownership register were not source-checked.
Distributor, branch or subsidiary
Many Indian manufacturers start through a Kenyan distributor or local agent and move to their own subsidiary once volumes justify it. A subsidiary is an overseas direct investment taxed at 30% in Kenya; a branch is part of the Indian company, now taxed at the same 30% rate in Kenya, with its profits also forming part of Indian income.
- A branch is not an overseas direct investment; the Indian company may fund its own overseas office for normal business, but the branch cannot be used to make overseas investments.9
- The Indian company is taxed on worldwide income, so branch profits are taxed in India with relief for Kenyan tax, while subsidiary profits reach India as dividends.10
- Kenyan resident companies and branches of foreign companies are both taxed at 30%; since January 2024 the branch rate is no longer higher.1112
- Who may hold product registrations and act as local technical representative for a foreign manufacturer, and whether a third-party distributor can do so, was not source-checked; this often decides the structure.13
Registering medicines and protecting the brand
Every medicine must be registered with Kenya's Pharmacy and Poisons Board before it is imported and sold. The registration rules date from 2022, but their detailed requirements could not yet be checked. Patents and trade marks are registered through KIPI or international routes, and Kenya's Anti-Counterfeit Authority can act against fake products.
- The Indian manufacturer will need to supply the dossier, manufacturing site information and certificates required by the Board; the Indian documents typically requested (for example a certificate of pharmaceutical product or GMP certificate from Indian regulators) were not source-checked.
- Non-preferential certificates of origin for shipments to Kenya are issued through DGFT's common digital platform.14
- Health products are registered under the Pharmacy and Poisons (Registration of Health Products and Technologies) Rules, Legal Notice No. 100 of 2022, administered by the Pharmacy and Poisons Board.13
- Patents and trade marks are handled by the Kenya Industrial Property Institute; Kenya is party to the Paris Convention, the PCT and the Madrid Protocol, so Indian applications can extend to Kenya.1516
- The Anti-Counterfeit Authority enforces trade mark rights against counterfeit goods, with seizure, destruction and criminal penalties.17
Tax on both sides and the India-Kenya treaty
The India-Kenya treaty caps withholding at 10% on dividends, interest, royalties and technical fees, well below Kenya's domestic 15% and 20% rates, which matters for dividends, brand royalties and technical support fees paid to India. Transfer pricing on the price of medicines sold by the Indian factory to the Kenyan company is the main ongoing tax issue on both sides.
- India's Income Tax Department lists India-Kenya treaty rates of 10% on dividends, interest, royalties and fees for technical services.18
- Sales of medicines to the Kenyan company and any service or licence fees are international transactions that must be priced at arm's length and documented, with an accountant's report filed before the Indian return.19
- If the Kenyan company is in substance managed from India, it risks Indian tax residence under the place of effective management test; board and decision-making in Kenya matter.20
- Kenya's domestic withholding on payments to non-residents is 15% on dividends and interest and 20% on royalties and management or professional fees; the treaty cuts all four to 10% for an Indian resident.2122
- The Kenyan company must price its purchases from India at arm's length and keep documentation for the Kenya Revenue Authority.23
- VAT is 16% at the standard rate; whether specific medicines are exempt or zero-rated was not source-checked. All invoices must go through eTIMS.2425
Staff sent from India and Kenyan payroll
India has no social security agreement with Kenya, so Indian staff seconded to Kenya may face contributions in both countries. The Kenyan company runs local payroll with NSSF, Social Health Insurance Fund and housing levy deductions. Kenyan work permits for Indian staff were not source-checked.
- Kenya is not among the countries with which EPFO lists a social security agreement, so there is no agreement-based exemption for Indian staff working in Kenya.26
- Salary costs recharged between the Indian parent and the Kenyan company for seconded staff are related-party transactions needing arm's length support.19
- Employer and employee each pay 6% of pensionable earnings to the NSSF within the monthly earnings limits; employees pay 2.75% to the Social Health Insurance Fund; employer and employee each pay a 1.5% housing levy.272829
- Indian staff need a Kenyan work permit; the class, conditions and fees were not source-checked.
Money flows, compliance and patient data
Export proceeds, dividends and other dues from Kenya must come back to India on time through the AD bank. Kenya's FATF grey-list status affects bank onboarding and payment checks. Pharmacovigilance and patient data are health data under Kenyan law, which brings registration with the data protection regulator regardless of size and strict transfer rules.
- Dividends and other dues from the Kenyan company must be repatriated to India within 90 days of falling due.30
- The FEMA timeline for realising export proceeds from sales to Kenya was not source-checked.
- Kenya has been on the FATF increased monitoring list since February 2024 and remained on it in June 2026, so expect enhanced checks on cross-border payments.31
- Businesses in the health sector must register with the Office of the Data Protection Commissioner regardless of size.32
- Transferring health data, such as adverse event reports, out of Kenya needs appropriate safeguards and the data subject's explicit consent.33
- Kenya applies the New York Convention to awards made in other contracting states, which supports arbitration clauses in distribution and supply contracts.34
Structures to consider
These are the structures businesses commonly weigh, not a recommendation. The right one depends on the facts listed under "What we need from you".
What has to happen first
- IndiaBoard of the Indian company approves Kenya entry, the product list and the entry model; check net-worth headroom for any investment.
- Both sidesPrioritise products and check with the Pharmacy and Poisons Board what each registration needs, including the local representative, dossier and site inspection requirements.After step 1
- Both sidesFile patent and trade mark applications covering Kenya through KIPI or international routes before launch.After step 1
- Both sidesDecide the entry model: distributor, branch or subsidiary.After step 2
- IndiaDesignate the AD bank and file Form FC to obtain the UIN before remitting capital (subsidiary route).After step 4
- KenyaIncorporate the Kenyan company, or register the Indian company as a foreign company and appoint a local representative.After step 4
- Both sidesSubmit product registration applications and supply the Indian manufacturing and quality documents requested.After step 2, 6
- KenyaRegister the Kenyan entity for tax and eTIMS, with the data protection regulator as a health-sector business, and for payroll deductions.After step 6
- Both sidesAgree intercompany supply, distribution and service agreements and a transfer pricing policy accepted in both India and Kenya, using the 10% treaty rates.After step 4, 6
- Both sidesArrange work permits and payroll for staff sent from India, and plan for contributions in both countries.After step 6
- Both sidesShip registered products with certificates of origin, clear Kenyan customs and start distribution.After step 7, 8, 9
- Both sidesOngoing: APR by 31 December, repatriation of dues within 90 days, Kenyan returns and transfer pricing files on both sides, registration renewals and pharmacovigilance reporting.After step 11
What we need from you before anyone can advise
- Which products will be registered first, their dosage forms and whether any are already registered in Kenya through a partner.
- Whether the Indian manufacturing sites hold the GMP certifications the Board will rely on, and whether a Kenyan inspection will be needed.
- The preferred entry model and whether a Kenyan partner already holds local representation.
- The Indian company's net worth and existing overseas financial commitments.
- Planned intercompany flows: product prices, royalties, technical fees and any loans.
- Number of Indian staff to be posted to Kenya and for how long.
- Whether the company will bid for public tenders, and through which entity.
- What patient or adverse event data the Kenyan operation will process and where it will be stored.
What this guide does not yet confirm
These points need checking with a qualified local professional before you rely on them.
- Pharmacy and Poisons Board registration requirements (local technical representative, dossier format, GMP inspection, timelines, validity and fees) were not source-checked; the Kenya Law text of the 2022 Rules and the Board's own pages could not yet be checked, and the claim citing the Rules is a research draft.
- Indian export-side approvals for medicines (CDSCO certificates such as a certificate of pharmaceutical product, export NOCs, Pharmexcil registration) were not source-checked.
- Kenyan import duty on medicines under the East African Community Common External Tariff, and VAT treatment of specific medicines, were not source-checked.
- Signing and entry-into-force dates of the India-Kenya treaty were not confirmed; rates rely on the Income Tax Department rate table and PwC.
- Whether an India-Kenya bilateral investment treaty exists or is in force was not confirmed; India terminated many of its investment treaties from 2017.
- Kenyan company incorporation, director and company secretary rules, beneficial ownership filing and any foreign ownership limits in pharmaceutical distribution were not source-checked; official text of Companies Act 2015 sections 974, 975 and 979 could not yet be checked.
- Kenyan work permit classes, conditions and fees were not source-checked.
- FEMA export proceeds realisation period and Kenyan foreign exchange practice were not source-checked.
- Pharmacy and Poisons Board premises licensing for wholesale distribution and Kenyan public procurement rules for medicines tenders were not researched.
Brief for your advisers
Questions to put to your advisers in each country. Copy them, or download them as a text file to send with your requirement.
- Kenyan regulatory adviser: what does the Pharmacy and Poisons Board require for each of our products, who must act as local technical representative, and will our Indian sites need inspection?
- Kenyan regulatory adviser: what fees, timelines and renewal periods apply under the 2022 registration rules?
- Indian regulatory adviser: which Indian certificates and approvals do we need to export these medicines to Kenya?
- Kenyan corporate adviser: subsidiary or branch, and can the subsidiary hold our product registrations?
- For our AD bank: what is needed for Form FC and the UIN for a Kenyan pharmaceutical distribution company?
- Both tax advisers: how should the price of medicines sold to the Kenyan company be set and documented, and how will dividends and fees be taxed under the 10% treaty rates?
- Kenyan tax adviser: which of our medicines are VAT exempt or zero-rated, and what import duty applies?
- Kenyan employment adviser: which work permit fits our seconded staff, and what payroll registrations are needed?
- Kenyan data protection adviser: what registration and transfer arrangements do we need for pharmacovigilance and patient data shared with India?
Who can help, on each side
India
- Setting up and running a company · Arranged by WONE Global on request
- Payments and currency · Arranged by WONE Global on request
- Tax and structuring · Led by Sandeep Gupta
- Contracts and commercial law · Arranged by WONE Global on request
- Licences, permits and regulators · Arranged by WONE Global on request
- Trade marks, patents and brands · Arranged by WONE Global on request
- Customs, trade and export controls · Arranged by WONE Global on request
- Accounting and annual filings · Led by Sandeep Gupta
- Employment, payroll and immigration · Arranged by WONE Global on request
- Banking and capital · Arranged by WONE Global on request
- Data protection and cyber · Arranged by WONE Global on request
- Anti-bribery, sanctions and compliance · Arranged by WONE Global on request
Kenya
- Setting up and running a company · Arranged by WONE Global on request
- Payments and currency · Arranged by WONE Global on request
- Tax and structuring · Led by Farheen Khandwalla
- Contracts and commercial law · Led by James Ngochi Ngugi
- Licences, permits and regulators · Arranged by WONE Global on request
- Trade marks, patents and brands · Arranged by WONE Global on request
- Customs, trade and export controls · Arranged by WONE Global on request
- Accounting and annual filings · Led by Farheen Khandwalla
- Employment, payroll and immigration · Led by James Ngochi Ngugi
- Banking and capital · Arranged by WONE Global on request
- Data protection and cyber · Arranged by WONE Global on request
- Anti-bribery, sanctions and compliance · Arranged by WONE Global on request
Sources and review status
Each statement is numbered to the source it was checked against. We use official sources where we can, and each statement says whether it was checked against an official or a secondary source. Sources last checked on 19 October 2026. None of it has been professionally reviewed yet: it is research checked against official and secondary sources by WONE Global, not legal or tax advice.
Overseas investment by Indian residents is governed by the RBI Master Direction - Overseas Investment, read with the Foreign Exchange Management (Overseas Investment) Rules, 2022 and Regulations, 2022. Applies to any person resident in India making overseas direct or portfolio investment, including an Indian company setting up a UAE subsidiary. The Master Direction was issued on 24 July 2024 and its content was updated as on 1 April 2026.
The Rules (G.S.R. 646(E), 22 August 2022) are issued by the Central Government; the RBI-hosted gazette PDF of the Rules returned a bot check and could not yet be checked.
Overseas investment may be made only in a foreign entity engaged in a bona fide business activity, directly or through a step-down subsidiary or special purpose vehicle. The Master Direction does not define bona fide business activity; the definition sits in the OI Rules.
An Indian entity's total financial commitment in all foreign entities taken together must not exceed 400% of its net worth as per its last audited balance sheet, or as directed by the Reserve Bank. Overall automatic-route limit in Schedule I of the OI Rules. Financial commitment includes equity, debt and guarantees given to or on behalf of the foreign entity.
Secondary source. The RBI Master Direction (para 21) refers to the Schedule I limit without stating the percentage, and the official Rules text could not yet be checked.
An Indian investor must designate one authorised dealer (AD) bank and route all transactions relating to an overseas direct investment through it. A unique identification number (UIN) must be obtained through the designated AD bank before the outward remittance or acquisition of equity, whichever is earlier. The bank can be changed after obtaining an NOC from the existing bank.
Form FC, with the required documents, must be submitted to the AD bank to obtain a UIN on or before making the initial overseas direct investment. The UIN is a database number and is not an RBI approval.
An Indian investor with overseas direct investment must submit an Annual Performance Report for each foreign entity by 31 December each year. Not required where the holding is under 10% without control and there is no other financial commitment, or where the foreign entity is under liquidation. The APR must be certified by a chartered accountant where statutory audit does not apply (Master Direction para 17(3)).
Part XXXVII of Kenya's Companies Act 2015 governs foreign companies carrying on business in Kenya, including their registration, the requirement to have a local representative and the lodging of financial statements and returns with the Registrar. Sections 973 to 998 (section 974: when a foreign company may carry on business in Kenya; section 975: application for registration; section 979: foreign company required to have local representative; sections 987 and 989: financial statements and returns). Applies if the Indian company operates in Kenya through a branch rather than a Kenyan subsidiary.
Secondary reproduction of the Act; only section headings were read, because the individual section pages were rate limited. The Kenya Law official text could not yet be checked.
The local representative of a registered foreign company in Kenya is answerable for the acts the company is legally required to do and can be held personally liable for penalties the company incurs if the court considers it appropriate. Companies Act 2015, section 981. Where there are two or more local representatives they are jointly and severally answerable.
Secondary reproduction of the Act; the Kenya Law official text could not yet be checked.
An Indian entity may remit funds to its own branch or office outside India for normal business operations, but no such remittance may be used for making any overseas investment. Relevant to the choice between a UAE branch and a UAE subsidiary of the Indian parent.
An Indian company is taxed on its worldwide income, with double taxation relieved through tax treaties or unilateral relief and foreign tax credit rules. Applies to dividends and any other income the Indian parent earns from the UAE company.
Secondary source.
The standard corporate income tax rate for resident companies is 30% (as at mid-2026). Branches and permanent establishments of non-residents are also taxed at 30%. Reduced rates apply to export processing zone enterprises (0% for ten years, then 25% for ten years), special economic zone enterprises, developers and operators (10% for ten years, then 15% for ten years) and some other regimes.
Secondary source: PwC Worldwide Tax Summaries (last reviewed 17 July 2026). The Kenya Revenue Authority's own pages could not yet be checked during this check.
Since January 2024 non-resident companies in Kenya, such as branches of foreign companies, pay corporate income tax at 30%, the same as the general rate. Germany Trade and Invest summary dated 30 October 2025; the earlier non-resident rate was 37.5%.
GTAI is the German federal foreign trade agency; it summarises Kenyan law rather than being the Kenyan legal source.
Registration of health products and technologies in Kenya is governed by the Pharmacy and Poisons (Registration of Health Products and Technologies) Rules, published as Legal Notice No. 100 of 2022 under the Pharmacy and Poisons Act. Medicines and other health products placed on the Kenyan market; the Pharmacy and Poisons Board administers registration. Detailed requirements (local representative, dossier format, GMP inspection, validity and fees) could not yet be checked.
The Kenya Law page returned a rate limit and could not yet be checked; the title and legal notice number come from the search result only. Commencement date not confirmed.
India's Directorate General of Foreign Trade runs a common digital platform giving single-point access to certificates of origin for all free trade and preferential trade agreements, and all designated issuing agencies must work through it. Preferential certificates for CEPA exports; non-preferential certificates moved to the eCoO 2.0 system from 6 September 2024.
The page does not name India-UAE CEPA specifically; coverage is inferred from its statement that it covers all FTAs and PTAs.
The Kenya Industrial Property Institute (KIPI) is Kenya's national industrial property office. WIPO Lex lists the Trade Marks Act (Cap. 506) and the Industrial Property Act 2001 (Cap. 509) as Kenya's main industrial property laws. KIPI also processes Madrid designations of Kenya and is the filing point for PCT and ARIPO applications by Kenyan residents (Bowmans, June 2024).
Corrected on source check: the AI-written version said KIPI registers trademarks, patents, utility models and industrial designs; the pages opened name it as the industrial property office but do not list its registration functions.
Kenya is a party to the Paris Convention, the Patent Cooperation Treaty and the Madrid Protocol. Paris Convention in force for Kenya from 14 June 1965, PCT from 8 June 1994 and the Madrid Protocol from 26 June 1998.
Kenya's anti-counterfeit body (ACA), established under the Anti-Counterfeit Act 2008, enforces trademark and copyright rights against counterfeit goods, with powers leading to seizure and destruction of goods and criminal penalties.
Secondary source (law-firm publication); no official page stating this could be opened during this check. Corrected on source check: the AI-written version called the body the Anti-Counterfeit Authority and said rights holders can record their marks with it; the source calls it the Anti-Counterfeit Agency and does not mention recordation, so both points need confirmation.
The Income Tax Department lists India-Kenya treaty rates of 10% on dividends, 10% on interest, 10% on royalties and 10% on fees for technical services. India-Kenya double taxation avoidance agreement; maximum source-state rates for a resident of the other state entitled to treaty benefits.
The page shows no last-updated date and refers to the Finance Act, 2026. PwC Kenya also lists 10% for India on dividends, interest, royalties and management or professional fees. Treaty signing and entry-into-force dates were not confirmed.
Indian transfer pricing rules require international transactions between associated enterprises to be at arm's length, supported by annual documentation and an accountant's report filed one month before the income tax return. A new accountant's report form applies from tax year 2026-27. A master file is required for groups with consolidated turnover above INR 5 billion (plus transaction thresholds); country-by-country reporting applies above INR 64 billion.
Secondary source.
A foreign company is resident in India in a year if its place of effective management (where key management and commercial decisions for the business as a whole are in substance made) is in India. Circulars say the POEM test does not apply to a foreign company with turnover or gross receipts of INR 500 million or less in the year.
Secondary source; the corresponding provision of the Income-tax Act, 2025 could not yet be checked.
Withholding tax applies to dividends (15%), interest (15%), royalties (20%) and management or professional fees (20%) paid to non-residents, subject to reduction under a tax treaty. Domestic non-resident rates under the Income Tax Act; interest on bearer instruments is taxed at 25% and lower rates apply in the oil and gas sector. Kenya has 15 tax treaties listed in the source, and treaty rates apply only where they are lower.
Secondary source: PwC Worldwide Tax Summaries (last reviewed 17 July 2026). The Kenya Revenue Authority's own pages could not yet be checked during this check. Corrected on source check: the AI-written version did not give the rates.
India is one of 15 countries with a double tax treaty in force with Kenya, and the treaty caps Kenyan withholding at 10% on dividends, interest, royalties and management or professional fees paid to an Indian resident. Kenyan withholding on payments to India. Interest paid by the Kenyan government and the Central Bank of Kenya is exempt.
Secondary source; the treaty text could not yet be checked.
Kenya has transfer pricing rules that require related-party transactions to be priced at arm's length and supported by documentation. Documentation must be submitted to the Kenya Revenue Authority on request. Country-by-country reporting and master and local file rules apply to groups with turnover above KES 95 billion, and advance pricing agreements are available from 1 January 2026.
Secondary source: PwC Worldwide Tax Summaries (last reviewed 17 July 2026). The Kenya Revenue Authority's own pages could not yet be checked during this check.
The standard VAT rate is 16% (as at mid-2026). Fuel is taxed at 8%. Zero-rated supplies are taxed at 0% and some supplies are exempt.
Secondary source: PwC Worldwide Tax Summaries (last reviewed 17 July 2026). The Kenya Revenue Authority's own pages could not yet be checked during this check.
All persons carrying on business, including those not registered for VAT, must issue electronic tax invoices through the Kenya Revenue Authority's eTIMS system, and from 1 January 2024 business expenses not supported by an eTIMS-generated invoice are not deductible for income tax. Section 23A of the Tax Procedures Act 2015, introduced by the Finance Act 2023. Some costs are outside the invoice requirement, including employment income, imports, investment allowances, interest and air passenger tickets.
India's Employees' Provident Fund Organisation lists social security agreements with Belgium, Germany, Switzerland, Luxembourg, France, Denmark, Korea, the Netherlands, Hungary, Finland, Sweden, the Czech Republic, Norway, Austria, Canada, Australia, Japan, Portugal, Brazil and Quebec, and issues certificates of coverage for employees posted to those countries. Central. The UK, the US, the UAE, Saudi Arabia and Singapore are not on the list.
EPFO's 2022 brochure marked the Brazil agreement as not yet in force; the page does not give effective dates. Any India-UK social security arrangement was not confirmed.
Employers and employees each contribute 6% of pensionable earnings to the National Social Security Fund (12% in total), between a lower earnings limit of KES 9,000 and an upper earnings limit of KES 108,000 a month. Limits apply from February 2026, giving a maximum monthly contribution of KES 6,480 each from employer and employee. NSSF Act 2013.
Secondary source: PwC Worldwide Tax Summaries (last reviewed 17 July 2026). The Kenya Revenue Authority's own pages could not yet be checked during this check. Corrected on source check: the AI-written version said only that contributions follow a tiered structure with limits rising in phases.
Salaried employees contribute 2.75% of gross salary to the Social Health Insurance Fund, which the employer deducts and remits to the Social Health Authority by the 9th day of the following month. Contributions and access to healthcare under the fund began on 1 October 2024.
Secondary source: PwC Worldwide Tax Summaries (last reviewed 17 July 2026). The Kenya Revenue Authority's own pages could not yet be checked during this check. Corrected on source check: the AI-written version did not give the rate and said the fund replaced the National Hospital Insurance Fund in 2024, which the page does not state.
An affordable housing levy of 1.5% of gross monthly salary is deducted from the employee, with a matching 1.5% payable by the employer. Gross salary includes basic salary and regular cash allowances but not irregular payments such as bonuses and severance. The levy is remitted within nine working days after the end of the month, with a 3% penalty for each month it is late.
Secondary source: PwC Worldwide Tax Summaries (last reviewed 17 July 2026). The Kenya Revenue Authority's own pages could not yet be checked during this check.
All dues receivable from the foreign entity must be realised and repatriated to India within 90 days of falling due. Also applies to sale or disinvestment proceeds (90 days from transfer) and liquidation proceeds (90 days from distribution). The regulation refers to dues generally; dividends declared by the UAE company are understood to be dues once declared.
Treating declared dividends as dues falling due is our reading; confirm with the AD bank.
Kenya has been on the Financial Action Task Force list of jurisdictions under increased monitoring since February 2024 and remained on it in the FATF's June 2026 update. The FATF added Kenya at its February 2024 plenary (FATF, Outcomes FATF Plenary, 21-23 February 2024). The next update is expected after the FATF's October 2026 plenary.
Data controllers and data processors that process personal data of people in Kenya must register with the Office of the Data Protection Commissioner unless they have annual turnover below KES 5 million and fewer than 10 employees and are outside the sectors listed for mandatory registration. Data Protection (Registration of Data Controllers and Data Processors) Regulations 2021, in effect from 14 July 2022. Sectors registering regardless of size include education, health, hospitality, property management, financial services, telecommunications, direct marketing and transport. Certificates are valid for two years.
Corrected on source check: the AI-written version did not state the thresholds.
Personal data may be transferred outside Kenya only in the situations the law allows, such as where appropriate safeguards are in place, and transfers of sensitive data such as health or biometric data need the data subject's explicit consent. The ODPC recognises binding corporate rules and its standard contractual clauses (2023 edition) as safeguards. Data Protection Act 2019 and the general regulations.
Corrected on source check: the AI-written version also listed an adequacy finding for the destination and general consent as grounds, which this page does not state.
Kenya acceded to the New York Convention on the recognition and enforcement of foreign arbitral awards on 10 February 1989, with effect from 11 May 1989. Kenya applies the Convention only to awards made in the territory of another contracting state (reciprocity declaration).
