East African Community (EAC) citizens can enter Kenya without a visa, but visa-free entry does not mean they can automatically start operating a business without meeting a country's regulatory requirements. A spot check by Kenyans.co.ke found on the EAC policies found that visa exemption is part of the EAC Common Market framework, which provides for free movement of people across Partner States and is intended to facilitate regional trade and economic activity.For an EAC citizen visiting Kenya, this means they can cross the border without applying for a visa, subject to applicable immigration requirements. The arrangement is designed to make movement for travel, family visits, and other activities easier.However, entering Kenya without a visa is different from establishing a business, and the Common Market Protocol gives EAC citizens rights of establishment, but these are exercised in accordance with the laws and administrative procedures of the host country.An EAC citizen seeking to establish a business in Kenya must therefore comply with requirements such as business registration, tax registration, and applicable county permits.Kenya also has a specific immigration category for EAC nationals, where the Directorate of Immigration Services provides a Class R permit for an EAC citizen intending to reside in Kenya and engage in employment, business, trade or another prescribed activity.EAC citizens, however, receive preferential treatment under the regional framework, and Kenya has waived work permit fees for citizens of EAC Partner States who are working or establishing themselves in the country.For temporary business, trade or professional activity, Kenya also provides a Special Pass, which allows a foreigner to temporarily conduct business, trade or a profession. The pass is currently free for citizens of EAC Partner States.The Common Market Protocol also provides EAC workers with rights to seek employment and protection against discrimination based on nationality, alongside rights relating to working conditions and social security.This means an EAC citizen may enter Kenya without a visa, but someone intending to remain in the country and operate a business or work must still follow the applicable immigration and regulatory procedures.Notably, the Kenyan government took a similar stance after President William Ruto ordered a crackdown on foreign nationals, before later clarifying that all foreigners, including those from the East African Community (EAC) and Common Market for Eastern and Southern Africa (COMESA), are allowed in Kenya provided they abide by the law.“Kenya is very open for business. I know there has been a lot of debate about who should work in Kenya or should invest in Kenya. Let me say this for the record. All investors have a space in Kenya,” Ruto said. Adding, "The process will be coordinated by the relevant Government agencies, in consultation with the embassies concerned, to provide affected persons with a clear and structured opportunity to regularise their immigration status and business operations in accordance with the law."
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