Guarantee Against Expropriation
The Constitution of Kenya provides guarantees against expropriation of private property, which may occur for reasons of security or public interest. In such a case, a fair and prompt compensation is guaranteed.
Repatriation of Capital and Profits
Capital repatriation, remittance of dividends and interest are guaranteed to foreign investors under the Foreign Investment Protection Act (FIPA) (Cap 518). Investors can repatriate:
- After tax profits, including retained profits which have not been capitalised;
- The proceeds of the investment after payment of the relevant taxes;
- Principal and interest associated with any loan.
Kenya is a member of the World Bank-affiliated Multilateral Investment Guarantee Agency (MIGA), which issues guarantees against non-commercial risk to enterprises that invest in member countries.
Kenya is also a member of the International Centre for Settlement of Investment Disputes (ICSID), and of the Africa Trade Insurance Agency (ATIA).
The Government policy is aimed at extending facilitation measures in favour of private sector investment.
The following is a summary of current incentives that have been put in place:
Investment allowance is provided as an incentive for investment in the manufacturing and hotel sectors at the rate of 100% countrywide. For Manufacturers Under Bond, the applicable rate is 100%. In addition, eligible capital expenditures have been expanded to include certain infrastructure and environmental protection equipment related to the manufacturing activity.
Export Promotion Programmes
Duty Remission Facility
Materials imported for use in manufacturing for export; the production of raw materials for export; or the production of duty free items for sale domestically, are eligible for duty remission. Applications for this facility should be made to the Tax remission for export office (TREO) at the Ministry of Finance.
Manufacture Under Bond
To encourage manufacturing in Kenya for export to the world market, the Government has established the Manufacture Under Bond programme that is open to both local and foreign investors. Enterprises operating under the programme are offered the following incentives:
Exemption from duty and VAT on imported raw materials and other imported inputs; and, 100 per cent investment allowance on plant, machinery, equipment and buildings.
Bonded manufacturing enterprises can be licensed to operate within a 30 km radius of a Customs Office. This programme is facilitated by the Investment Promotion Centre and administered by the Kenya Investment Authority.
Export Processing Zones Programme
The Export Processing Zones Authority (EPZA) coordinates operations of Export Processing Zones (EPZs). The Government encourages the development of private EPZs, and a number of them have already been established. Enterprises operating in these zones in Kenya enjoy the following benefits:
- 10 year tax holiday and thereafter a flat 25 per cent tax for 10 years;
- Exemption from all withholding taxes on dividends and other payments to non-residents during the first 10 years;
- Exemption from import duties on, raw materials and intermediate inputs;
- No restrictions on management or technical arrangements;
- Exemption from Stamp Duty;
- Exemption from VAT;
- and Operate on one licence only.