From: OVERSEAS BUSINESS REPORTS (KENYA)
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University of Missouri-St. Louis


 

 
 Match 9   DB Rec# - 24,471  Dataset-MARKET
 
 
 
Source        : USDOC, International Trade Administration 
Source key    :IT 
Program key   :IT MARKET 
Program       :Market Research Reports 
Update sched. :Monthly 
ID number     :IT MARKET 111102778 
Title         :KENYA - OVERSEAS BUSINESS REPORT - OBR9301 
Data type     :TEXT 
End year      :1993
Date of record:02/16/1993
Keywords 1    : 
| 9301 
| CC779 
| ECONOMY 
| FINANCE 
| INVESTMENT 
| KENYA 
| MARKET|ASSESMENT 
| OBR 
| OBR9301 
| STATISTICS 
| ZEC 
 
Country       : 
| KENYA 
| AFRICA 
| AFRICA, NEAR EAST AND SOUTH ASIA 
| ANESA 
| SUB SAHARA AFRICAN COUNTRIES 
| SUB SAHARA AFRICAN GROUP 
| SUB-SAHARAN AFRICA 
 
Text          : 
KENYA - OVERSEAS BUSINESS REPORT - OBR9301 
 
SUMMARY 
 
This article is derived from a report dated January 1993, prepared at the 
U.S. Department of Commerce - Washington, DC.  The article consists of 27 
pages and discusses the economic and commercial climate in Kenya, with 
emphasis on information useful for potential U.S. sellers and investors.  It 
includes the following sections: 
 
FOREIGN TRADE OUTLOOK 
THE ECONOMY 
TRADE POLICY AND REGULATIONS 
SPECIAL CUSTOMS PROVISIONS 
BANKING, CURRENCY, AND CREDIT 
SELLING IN KENYA 
INVESTMENT 
TAXATION 
INDUSTRIAL PROPERTY PROTECTION 
GUIDANCE FOR U.S. BUSINESS TRAVELERS 
 
                                    KENYA 
 
                          OVERSEAS BUSINESS REPORT 
 
              Prepared by Chandra D. Watkins, Office of Africa 
 
 
 
          with the assistance of the U.S. Embassy in Nairobi, Kenya 
 
 
 
                                  CONTENTS 
 
FOREIGN TRADE OUTLOOK 
   Opportunities for U.S. Business--Government of Kenya's 
   Development Plan 
 
THE ECONOMY 
   Agriculture--Tourism--Energy--Power--Manufacturing-- 
   Mining--Transport and Communication 
 
TRADE POLICY AND REGULATIONS 
   Import Licensing--Import Duties--Preferential Trade 
   Area--Preshipment Inspections--Shipping Documents-- 
   Sanitary and Other Special Certificates--Labeling, 
   Marking, and Packaging Requirements 
 
SPECIAL CUSTOMS PROVISIONS 
   Entry, Transit, and Reexport--Warehousing--Samples and 
   Advertising Matter--Advance Rulings on Classification-- 
   Appeals and Claims 
 
BANKING, CURRENCY, AND CREDIT 
   Banking--Currency--Credit 
 
SELLING IN KENYA 
   Distribution Centers--Distribution Channels--Pricing and 
   Credit--Government Procurement--Marketing Aids 
 
INVESTMENT 
   Kenya Policy--Types of Business Organization--Investment 
   Regimes--Repatriation of Capital--U.S. Investment 
 
TAXATION 
   Corporate Taxes--Personal Income Tax--Tax Deductions 
 
INDUSTRIAL PROPERTY PROTECTION 
   Patents and Trademarks--Copyrights 
 
GUIDANCE FOR U.S. BUSINESS TRAVELERS 
   Entrance Requirements--Business Etiquette--Living 
   Conditions and Cost--Business Hours--Holidays--General 
   Advice--Embassy Assistance 
 
FOREIGN TRADE OUTLOOK 
 
Kenya is a capitalist country with an economic policy that emphasizes the 
role of the free market.  Despite overregulation of certain areas of the 
economy, Kenya has one of the most open economic systems on the African 
continent.  Features of the economy include the use of market-based pricing 
incentives, a liberal investment code, flexible exchange rate management, 
and fairly realistic fiscal and monetary policies. 
 
Kenya's economic performance has been among the strongest in Sub-Sahara 
Africa, but because of rapid population growth and depreciation of the 
Kenyan shilling against the dollar, economic performance has not been 
impressive in either per capita or dollar terms.  In 1991, the economy's 
 
 
gross domestic product (GDP) grew 2.2 percent in real terms.  GDP per capita 
was $360. The modest growth in 1991 was largely due to lower agricultural 
production and partially because of drought. 
 
Manufacturing output grew 3.8 percent in 1991.  Coffee, tea, and 
horticultural exports were all up, but tourism was down.  Kenya received 
substantial foreign aid in 1991, but most of it ($865 million) was in the 
form of project aid.  Program (quick disbursing) aid was suspended by most 
donors in the fall of 1991, pending political, economic, and governance 
reforms.  The amount suspended was about $360 million.  Because this is cash 
and directly affects foreign exchange availability, the suspension has had a 
negative effect on imports, economic growth, and new investment.  Prospects 
for 1992-93 are not bright because of the aid suspension and political 
uncertainty.  The aid suspension will be reappraised in the fall of 1992; 
elections are expected to be held then or shortly thereafter.  Economic 
growth is not expected to resume until these issues are settled, and many 
observers predict negative growth in 1992.  If the elections go well and 
economic reforms are energetically pursued, the Kenyan economy could boom in 
the nineties.  If not, stagnation is likely. 
 
Opportunities for U.S. Business 
 
Major project opportunities for American firms exist in the following 
areas:  geothermal energy development, the telecommunications sector, the 
lease and/or purchase of commercial aircraft, and a new Kenyan export 
processing zone with an emphasis on textile equipment.  Current plans call 
for the development of an additional 280 megawatts (MW) of generating 
capacity for geothermal energy generation before the year 2005.  In the 
telecommunications sector, Kenya Posts and Telecommunications Corporation 
may procure several new systems in the coming years.  The Kenya Wildlife 
Service will also be purchasing a number of aircraft and helicopters for its 
game parks.  Several local and international companies have indicated 
interest in establishing wearing apparel manufacturing operations once the 
export processing zones are established. 
 
Best export prospects to Kenya are telecommunications equipment, aircraft 
and parts, agricultural chemicals, electrical power systems, industrial 
chemicals, agricultural machinery and equipment, plastic materials and 
resins, food processing and packaging machinery, computers and peripherals, 
and medical equipment. 
 
Government of Kenya's Development Plan 
 
The Government of Kenya's current 5-year development plan (1989-93) targets 
an annual 5.4 percent real growth in GDP.  This growth rate was not reached 
in 1989-91.  Resumed growth depends on a strengthened private sector, 
stability of coffee and tea prices, adherence to macroeconomic and sectoral 
policy reforms, and higher earnings from tourism and nontraditional 
exports.  Most of these factors will not occur until political stability has 
been reestablished and sufficient reforms accomplished to satisfy the 
donors. 
 
In the meantime, the government has continued with economic reform measures 
to encourage private sector industrial growth.  These include expenditure 
rationalization, price decontrol, export promotion, interest rate 
liberalization, and capital market development.  Import licensing has been 
liberalized in theory, but lack of foreign exchange has prevented much 
practical result from this measure.  During his annual budget speech in June 
1992, Vice President and Finance Minister George Saitoti played safe with 
the electorate and introduced almost no changes that would arouse 
 
 
opposition.  Income taxes were reduced.  Budget and policy proposals were 
generally consistent with the guidelines of the International Monetary 
Fund.  In addition, donors were promised economic reforms in due course. 
Measures that many observers believe are needed to help the declining 
economy were not in the budget.  These include deregulation of the 
agricultural sector, promotion of export-led growth, parastatal reform and 
divestiture, civil service reform, and better monetary management. 
 
THE ECONOMY 
 
Agriculture 
 
Agricultural production, the backbone of Kenya's economy, contributes 
approximately 30 percent of total GDP, employs over 75 percent of the work 
force, and generates about two-thirds of foreign exchange earnings. 
Small-scale farmers account for more than three-quarters of total 
agricultural production and over half of its marketed production. 
 
Agricultural exports continue to dominate Kenya's foreign trade picture, and 
given the structure of the Kenyan economy, they will continue to do so for 
the foreseeable future.  Coffee, tea, sisal, pyrethrum, and horticultural 
products predominate, with coffee and tea accounting for 40 to 50 percent of 
overall export earnings.  The suspension of the economic provisions of the 
International Coffee Agreement in July 1989 temporarily disrupted markets 
and drove prices to historical lows.  To compensate, Kenya increased its 
export volume and substantially drew down its stock carryovers to about 1 
million 60 kilogram bags by the end of 1990.  Prices somewhat improved for 
Kenya's quality arabica coffee in 1991.  Nevertheless, coffee earnings 
declined from $274 million in 1988 to $200 million in 1990. 
 
Coffee is unlikely to play the dominant role in Kenya's export mix as it has 
in the past, and despite its high quality, tea will not make up the 
difference.  The newest hope on the horizon is horticulture.  Horticulture 
exports increased from 134,178 metric tons valued at $108 million in 1989, 
to 188,825 metric tons valued at $139 million in 1990.  Fruit and vegetable 
exports in high volumes were recorded, and flower exports registered 
impressive earnings. 
 
Tourism 
 
In 1990, tourism maintained its lead as the number one foreign exchange 
earner.  In U.S. dollar terms, tourism earnings increased by 11 percent. 
Bookings of coastal hotels showed a marked improvement in 1990, but this 
trailed off during the Gulf War-induced decline in early 1991.  Hotel 
bookings rose dramatically during the 1991 Christmas season; earlier losses 
in foreign exchange may now be recovered. 
 
The Kenyan Government is working hard to improve performance in the tourist 
sector.  The depreciation of the Kenyan shilling should help to offset the 
adverse impact of the 1991 Gulf Crisis and higher fuel costs. 
 
Energy 
 
Kenya depends largely on wood, petroleum products, and hydroelectricity for 
energy.  The government regulates the importation and pricing of crude oil 
and petroleum products.  In an effort to conserve foreign exchange and 
increase energy independence, Kenya is rapidly expanding hydroelectric 
generation and supply to rural areas.  Ongoing oil exploration efforts have 
not found commercially exploitable deposits.  Two foreign oil exploration 
companies are continuing to drill wells in northern and eastern Kenya, but 
 
 
prospects of a commercially viable strike appear remote after 36 years of 
exploration. 
 
Power 
 
General:  Electric current in Kenya is most commonly 240 volt, 50 cycle, 
single; 415 and higher voltages, 50 cycle, 3 phase exists in certain areas. 
Kenya's consumption of all types of electricity increased by 23 percent 
between 1986 and 1990.  The share of imported electricity fell from 9 
percent of the total to less than 6 percent between 1986 and 1989.  In 1991, 
total generating capacity in Kenya amounted to 732 MW, of which 78 percent 
was hydroelectric.  Geothermal energy in the Rift Valley contributes 45 MW 
to Kenya's installed capacity. 
 
Water:  Adequate supplies of water for both personal and industrial purposes 
are available.  The Ministry of Water Development is the principal 
government agency responsible for managing, developing, operating, and 
maintaining water supplies, sewage disposal, and pollution control.  The 
Ministry of Agriculture's National Irrigation Board is responsible for 
developing and maintaining large-scale irrigation schemes for agricultural 
production. 
 
The International Development Association is funding a $43.2 million water 
project, titled "Second Mombasa and Coastal Water Supply Engineering and 
Rehabilitation."  The project conducts preinvestment studies and engineering 
designs for the extension of the Mombasa and Coastal Water Supply System and 
the related wastewater disposal systems.  The project also reduces the water 
supply deficit through rehabilitation/augmentation of existing facilities. 
 
Manufacturing 
 
Although its industrial sector accounted for only 11.4 percent of 1990 GDP, 
Kenya is still the most industrialized country in East Africa. 
Manufacturing activities include food processing, beverages, and production 
of tobacco, footwear, textiles, cement, metal products, paper, and 
chemicals.  In 1990, manufacturing output grew by 5 percent, reflecting 
perhaps the initial impact of a $110 million World Bank Industrial Sector 
Adjustment Program started in 1988. 
 
Industrial expansion since independence has been geared towards import 
substitution and the East African market.  Industry has been heavily 
protected.  In order for Kenyan manufacturers to become more competitive in 
world markets, the government has articulated plans to create a more 
favorable climate for foreign and domestic investment, which has been 
stagnating for the past 10 years.  Elements of the plan include 
liberalization of imports, rationalization of tariffs, and promotion of 
export policies aimed at making industry more efficient and competitive. 
 
Mining 
 
The Kenyan Government controls the rights to all minerals within the 
boundaries of its jurisdiction.  Prospecting is lawful only under a license 
granted to qualified persons for a nominal fee.  Exploitation of any 
discovered mineral or petroleum deposits requires payment of royalties to 
the government. 
 
Kenya's laws governing the issuance of prospecting licenses are quite 
liberal.  The license must delineate the area covered and specify an 
obligation to drill and to expend a minimum sum of money.  Kenyan Government 
negotiators have wide leeway to set the specific terms of licenses, although 
 
 
their duration is limited to 10 years.  Succession or inheritance of land by 
noncitizens is protected by the Constitution of Kenya and therefore is not 
affected by these controls. 
 
Land Ownership:  Foreign investors are permitted to own or lease land on 
industrial sites in Kenya, subject to the country's land-tenure laws and 
regulations.  Land in Kenya is held on either a freehold or leasehold basis 
and is available to industry for periods of 99 years.  Rentals for 
industrial sites are established by reference to prevailing market prices in 
Kenya.  One-fifth of the assessed value of the undeveloped land must be paid 
by the lessee as a lump sum, followed by a yearly payment of 5 percent of 
the remaining four-fifths.  This rental remains constant during the 99-year 
tenure.  Also, the purchaser is required to pay the development costs for 
the installation of railway sidings, roads, sewers, etc.  Approved 
industrial enterprises may be able to negotiate favorable terms for the 
acquisition of land.  There are no onerous covenants contained in the leases 
other than that which requires the construction of the building of suitable 
design or stipulated minimum value within 2 or 3 years of the date of the 
grant. 
 
Investors obtaining industrial plots in Kenya are advised to contact the 
Ministry of Industry, P.O. Box 30430, Nairobi, Kenya. 
 
Transport and Communications 
 
Transportation 
 
Roads:  Kenya has 51,368 kilometers (km) of established roads, of which 
5,336 km are bitumen surfaced.  Buses and coaches operate everywhere, but 
services are not yet well developed outside the towns.  Taxis are difficult 
to obtain except around the larger tourist hotels, and fares are expensive 
and should be negotiated in advance.  Avis, Hertz, and other car rental 
agencies operate in Nairobi and offer daily and monthly rates considerably 
higher than those in the United States.  Driving is on the lefthand side of 
the road. 
 
Rail:  The Kenya Railways Corporation (KRC) operates some 2,651 km of 
railway.  The main line extends from Mombasa at the Indian Ocean coast to 
Malaba on the border with Uganda.  KRC carries 30 to 40 percent of total 
freight traffic in Kenya.  In 1988, KRC hauled 3.1 million metric tons of 
freight on 3 foot- gauge track.  The predominate locomotive supplier is 
General Electric.  Modern trains, with sleepers and dining cars, run between 
Mombasa, Nairobi, and Kisumu.  Fares are moderate. 
 
Water:  Mombasa is Kenya's only modern harbor where international ships can 
dock.  The Mombasa Port serves Uganda, Tanzania, Rwanda, Burundi, and 
Zambia, as well as Kenya.  One of the finest natural harbors in the world, 
it has 15 deepwater quays, numerous transit sheds and back-of-port sheds for 
dry cargo, the Kipevu Oil Terminal capable of accepting tankers up to 65,000 
tons, and a lighterage wharf. 
 
Kenya does not have freighters, tankers, and bulk carriers.  The government 
established its own national shipping line in 1990.  The national shipping 
line does not own ships, but charters space on foreign vessels.  Two U.S. 
shipping lines service Kenya.  They are Lykes Lines and American 
Presidential Lines. 
 
Air:  Air travel and air freight are well developed.  Kenya's major airports 
are Moi International (Mombasa) and Jomo Kenyatta International Airport 
(Nairobi).  In addition, many towns such as Kisumu and Malindi have 
 
 
airports, and there are a number of "bush" airstrips throughout the 
country.  Kenya Airways, the country's national carrier, operates on 
international as well as domestic routes.  Lufthansa, British Airways, Air 
France, and other international carriers also service Kenya.  No American 
airlines fly into Kenya. 
 
Communications 
 
Telephone and Telex Facilities:  Kenya has over 46,000 direct exchange lines 
and more than 70,000 telephones in use.  Local telephone service is 
available in most cities and larger provincial towns, although delays of one 
to several hours are often experienced on long distance calls within the 
region.  Telex services are available at some hotels and public telex 
offices.  The large hotels have public telephone booths.  Local telephone 
calls cost one shilling.  International direct dial is available between the 
United States and Kenya.  AT&T Calling Card Service to the United States is 
available.  Kenya's country code is 254.  Nairobi's and Mombasa's city codes 
are 2 and 11 respectively. 
 
Radio and Television:  The Voice of Kenya (VOK), transmitting in English, 
Swahili, and Hindustani, provides effective coverage of Kenya as well as 
adjacent sections of Tanzania and Uganda from three medium-wave stations. 
Parts of Kenya are served by a short-wave relay station at Langata.  Almost 
1.4 million radios reach about 85 percent of the total adult population in 
Kenya. 
 
Kenya television, also provided by the VOK, serves the Nairobi and Mombasa 
areas, including the main cities in the Rift Valley and Kisumu. 
Approximately 40 hours of English, Swahili, and Hindustani are broadcast 
weekly.  The privately owned Kenya Television Network (KTN) broadcasts in 
English around the clock.  Coverage includes local news programs, CNN, and 
rerun serials from the United States and the United Kingdom. 
 
TRADE POLICY AND REGULATIONS 
 
Import Licensing 
 
Kenya has imposed import licensing procedures to conserve foreign exchange. 
Import licenses are issued by the Ministry of Commerce.  The ministry must 
receive an import license application by the Kenyan importer before orders 
are placed abroad.  Applications for the allocation of foreign exchange for 
imports are forwarded by the ministry to the Central Bank, which grants 
foreign exchange. 
 
Since early 1992, Kenya has experienced critical shortages of foreign 
exchange.  At times, foreign exchange reserves have covered only 2 weeks' 
worth of imports.  The shortage of foreign exchange has resulted in several 
months delay in the issuance of import licenses.  In view of the foreign 
exchange situation, American exporters should ensure that any business 
transactions with Kenya are covered by irrevocable letters of credit 
confirmed by prime American or international banks. 
 
Licensing System:  The Kenyan licensing system classifies import items into 
three broad categories.  Category 1 comprises high priority capital goods, 
raw materials, and intermediate inputs which can be identified easily.  In 
principle, license requests for Category 1 goods are approved 
automatically.  Category 2 contains goods subject to special import 
authorization such as fertilizers, cattle, live poultry, live fish, powdered 
milk, cheese, wheat, rice, maize, cereal, flours, nuts, refined sugar, 
spices, petroleum products, selected motor vehicles, and tractors.  Category 
 
 
3 has three schedules:  A, B, and C.  Schedule A lists technical items of 
exceptionally high priority such as engineering components, spare parts, 
precision instruments, chemicals, special plastic, glass, and metal 
products.  Approval is usually delayed because the items are handled on a 
case-by-case basis.  Schedule B lists semiessential goods, mainly consumer 
goods.  Licensing depends on the foreign exchange reserve position. 
Schedule C lists items which the government considers undesirable.  Approval 
for such items is difficult to obtain. 
 
Import Duties 
 
Kenya is a signatory to the General Agreements on Tariffs and Trade.  Kenya 
uses a single-column tariff based on the Harmonized System.  All charges and 
duties are payable in Kenyan shillings.  Duties are assessed on the c.i.f. 
value comprising the original cost of the goods plus freight and insurance. 
If this information is not available, duties are assessed at the port of 
entry on the price that the goods would command in the local market.  Kenya 
has a value-added tax on virtually all goods and services which averages 
between 18 and 35 percent. 
 
Import duties cover a wide range of rates.  The amount of duty depends 
largely on whether or not the item is considered essential, luxury, or if it 
is readily available locally.  Specific duties, where applicable, are based 
on the weight, length, area, volume, or number of the imported goods.  Where 
duty is assessed according to weight, the net weight is used.  However, if 
the package does not indicate the net weight of its contents, then the duty 
is assessed on the gross weight of the package and its contents. 
 
Excise duties are assessed ad valorem on beer, sugar, tobacco, matches, 
spirits, soap and soap products, woven fabrics, paints, varnishes, lacquers, 
enamels, and distempers. 
 
Duty Exemptions:  Exemptions from import duties are allowed for emergency 
medical equipment, items for personal use, diplomatic and consular goods, 
and items for the use of the Kenyan Government.  Duty refunds can be granted 
for imported materials to be used for local production.  The Ministry of 
Commerce may also grant refunds of duty where it would be in the public 
interest to do so, or where payment of duty would operate harshly or 
inequitably.  Suspended duties are found on a number of items for which 
local production is nonexistent or insufficient, but for which expanded 
production is planned. 
 
For information on the import tariffs applying to specific products, contact 
the International Trade Administration's Office of Africa, U.S. Department 
of Commerce, Washington, DC 20230, or call (202) 377-4564. 
 
Preferential Trade Area 
 
Kenya is a signatory to the Preferential Trade Agreement (PTA).  The PTA, 
established in 1981, is a regional organization of Eastern and Southern 
African states.  Members include Burundi, Comoros, Djibouti, Rwanda, 
Somalia, Swaziland, Ethiopia, Lesotho, Malawi, Mauritius, Tanzania, Uganda, 
Zambia, and Zimbabwe.  Angola, Botswana, Madagascar, and Mozambique have 
signed the PTA treaty but not ratified it.  The PTA is regarded as the first 
step toward the establishment of a common market and eventually an economic 
community.  The PTA aims to boost trade amongst its members by giving their 
products a tariff advantage over imports from outside countries.  PTA member 
states currently reduce tariffs on imports coming from other PTA members 
states by 30 percent.  The PTA member states agreed that intra-PTA tariffs 
will be reduced 100 percent to zero by the year 2000. 
 
 
 
Preshipment Inspection 
 
Most commodities imported into Kenya are subject to preshipment inspection 
for quality, quantity, and price comparison.  Contecna Inspection S.A. 
conducts the inspection in the country of origin.  Suppliers should give 
Contecna at least 10 days notice before indicating the place where the goods 
can be inspected and the expected time of shipment.  Upon satisfactory 
completion of the inspection and receipt of all required documents, Contecna 
Inspection will issue a "Clean Report of Findings."  Banks may not make 
payment against a letter of credit or a bank draft unless a Clean Report of 
Findings has been issued.  The cost of the inspection services is paid by 
the Kenyan buyer. 
 
Contecna Inspection S.A. has an office in the United States located at: 
11305 Sunset Hill Road, Suite B5, Reston, Virginia 22090 (tel:  (703) 
689-0805). 
 
Shipping Documents 
 
No prescribed form of invoice or consular document is needed for shipments 
to Kenya, and there are no consular fees.  Documents required are the 
commercial invoice, the bill of lading, and certain sanitary and other 
certificates.  Required documents for goods sent by air are the same as 
those for goods sent by ship or other forms of transportation. 
 
Shipping documents should be forwarded (separately from the goods) as soon 
as possible by airmail to ensure their receipt by the consignee prior to the 
arrival of the goods at the port of entry. 
 
Any alterations made on any document, prior to its acceptance by the various 
customs authorities, must be made in such a manner as to show the error and 
the alteration in legible form.  Each alteration must be initialed and dated 
by the person making the correction. 
 
The ordinary customs declaration, submitted in duplicate, can be used for 
import declarations.  The following information should be shown on the 
invoice:  country of origin; quantity of goods; true market value in the 
country of origin; all costs of packing, insurance, and freight up to the 
port of entry; the exact nature of any discounts and/or commissions given by 
the seller to the buyer; and the import license number. 
 
Invoices, shipping marks, and bills of lading should correspond exactly to 
ensure prompt clearance by customs.  In addition, weight measure on which 
freight is charged may also be added. 
 
Although not required by law, a packing list facilitates clearance through 
customs.  A packing list is especially recommended for consignment of 
miscellaneous goods.  There are no special requirements for the preparation 
of bills of lading.  No invoice is required for bona fide private parcel 
post shipments.  "Trade goods" (packages other than those addressed to a 
private individual for his own use) shipped by parcel post which exceed $28 
in c.i.f. value, must be accompanied by the proper customs invoice. 
 
Sanitary and Other Special Certificates 
 
Importation of animals, plants, and seeds is subject to quarantine 
regulations.  Importation is allowed only at designated ports of entry. 
 
Every imported animal must be accompanied by a certificate from a qualified 
 
 
veterinarian stating that the animal was free from disease at the time of 
exportation.  Examination by a veterinarian at the port of entry is also 
required. 
 
Kenya requires a special import permit for the import of fresh fruits, 
plants, and seeds, issued by the Kenyan Director of Agriculture.  In 
addition, a certificate signed by an appropriate government official in the 
exporting country is required.  Plants not covered by this special permit 
will be destroyed.  Seeds not covered by permit will not be destroyed unless 
they come from the following plants:  coffee (except roasted beans), cotton, 
tobacco, tea, cacao, coconuts, groundnuts, lucerne and clover, rubber, 
maize, wheat, cloves, peach, barberry, buckthorn, and potatoes. 
 
The Kenyan Government bans the import of used clothing intended for sale, 
but a considerable amount of U.S. used clothing still enters the market. 
 
Labeling, Marking, and Packaging Requirements 
 
There are no specific requirements pertaining to the labeling or marking of 
imported goods, except for condensed milk, paints and varnishes, and 
vegetable and butter ghee.  Imports of prepackaged paints and allied 
products must be sold by net metric weight or metric fluid measure.  Paints 
packed in tubes or boxes, commonly sold as artists' or children's paints, 
are excepted from these requirements.  Imports of pharmaceutical products 
from the United States may be labeled according to U.S. pharmacopoeia 
standards.  However, all goods bearing any wording in the English language 
should indicate the country of origin. 
 
Senate Concurrent Resolution 40, adopted July 30, 1953, invites U.S. 
exporters to inscribe, insofar as practicable, on the external shipping 
containers in indelible print of a suitable size:  "United States of 
America."  Although such marking is not compulsory under U.S. laws, American 
shippers are urged to cooperate in publicizing American-made goods. 
 
All goods should be securely packed to withstand excessive tropical heat, 
moisture, rough handling, and pilferage.  East African importers recommend 
that American shippers avoid use of thin cardboard and plywood containers 
because such containers are easily broken into and readily damaged if 
exposed to the weather.  To ensure safe arrival at the port of destination, 
all packages should be of sturdy construction, properly supported, 
preferably on the inside, and banded on the outside with steel strapping. 
 
SPECIAL CUSTOMS PROVISIONS 
 
Entry, Transit, and Reexport 
 
Entry must be made within the prescribed time after arrival of the ship in 
port.  Goods inadmissable at port of entry are moved to a government 
warehouse after 21 days from the date of commencement of unloading and are 
sold if not admitted after 3 months. 
 
Goods admitted in transit are allowed to pass through Kenya under security 
bond.  They are under customs control until reexported.  Goods for 
transshipment can be transshipped directly from the importing vessel or 
within 21 days if the appropriate customs officer permits.  Goods admitted 
in transit, or for transshipment under bond, on which import duties were not 
paid can be reexported from a bonded warehouse. 
 
Where goods are reexported and duties were paid at the time of importation, 
a refund of the amount originally paid can be obtained.  A claim for such a 
 
 
refund (or drawback) can be made under the following circumstances:  the 
owner produces such goods for examination and subscribes to a declaration 
that such goods have actually been exported and will not be reimported into 
Kenya; and the owner was, and is, the person entitled to the drawback, and 
presents his claim for drawback within 12 months of exportation of the goods. 
 
Drawback is prohibited under the following conditions:  if the value of such 
goods for home consumption is less than the amount of the drawback that may 
be allowed; if the import duty thereon was less than 40 shillings; if the 
exported goods have been destroyed by accident on board aircraft or vessel; 
or if the goods have been materially damaged at any port or place in the 
country.  Furthermore, drawback is prohibited unless the goods are exported 
in the original packages in which they were imported, or unless the contents 
were unpacked and repacked by authority, and under supervision of a customs 
official. 
 
Any duty paid in error will be refunded.  No duty refund will be allowed for 
reexported goods unless the claim is submitted within 12 months of time of 
exportation. 
 
Warehousing 
 
Goods may be stored in a bonded warehouse for a period of 2 years, after 
which, if not cleared by the owner, they may be sold by the Customs 
Collector. 
 
Goods admitted for domestic consumption that remain in any warehouse more 
than 14 days may be forfeited to the government or destroyed as the 
Commissioner of Customs and Excise may direct.  Dutiable goods on first 
importation may be stored in a bonded warehouse without payment of duty. 
 
Goods deposited in a government warehouse are subject to rent and other 
charges as may be prescribed.  If these charges are not met, the goods may 
be sold and the proceeds applied to the charges.  Goods that have been 
abandoned to Customs will be destroyed or disposed of at the owner's 
expense.  Duty on such goods may be refunded on application to the customs 
officer. 
 
Samples and Advertising Matter 
 
Kenya is a member of the International Convention to Facilitate the 
Importation of Commercial Samples and Advertising.  Samples that the 
Commissioner of Customs and Excise decide on and are of no commercial value 
may be admitted duty free.  The duty on samples not so exempted must be paid 
on entry, and the deposit later refunded, provided the samples are 
reexported within 6 months of the date of importation.  The period of 6 
months may not be extended.  Imports of samples and advertising matter into 
Kenya are subject to normal licensing and documentary requirements. 
 
Price lists and catalogs are permitted duty-free entry.  Showcards and 
similar printed matter advertising goods grown or produced, or services to 
be supplied from outside Kenya and imported for advertising purposes only 
(but not including calendars, diaries, date indicators, desk pads, and other 
advertising stationery) are also admitted free of duty. 
 
Advance Rulings on Classification 
 
Requests for advance rulings on customs classification of merchandise not 
specifically mentioned in the customs tariff, or on a doubtful 
classification may be submitted in writing (together with sample, if 
 
 
practicable, or advertising notes) to the Commissioner of Customs and Excise 
at any customs house in Mombasa or Nairobi.  However, such advance rulings 
are not binding on the authorities. 
 
Appeals and Claims 
 
The Commissioner of Customs and Excise, with the consent of the importer, 
may settle a dispute between the importer and a customs officer.  Otherwise, 
the dispute will be settled in court.  There is no appeal against decisions 
of the Commissioner of Customs and Excise where the accused offender has 
consented to accept the Commissioner's decision.  In cases heard by the 
courts, penalties and forfeitures inflicted by the courts may be appealed in 
accordance with the rules of the court. 
 
When any vehicle or goods have been seized by customs authorities as 
forfeited, the Commissioner may--by written notification--require the 
claimant to institute suit against him for recovery, or may himself cause 
suit to be instituted in any competent court for the forfeiture of the 
vehicle or goods.  In the former instance, if the claimant does not enter 
his suit against the Commissioner within 2 months, the goods are 
automatically forfeited.  If the Commissioner fails to notify the claimant 
within 2 months or fails to institute proceedings himself, ownership of the 
goods reverts to the claimant. 
 
BANKING, CURRENCY, AND CREDIT 
 
Banking 
 
The Kenyan banking sector consists of the Central Bank of Kenya, 24 
commercial banks, and 6 development finance institutions.  In addition, 
there are 47 insurance companies, a number of building societies, and over 
900 savings and credit institutions. 
 
Central Bank of Kenya:  The Central Bank of Kenya, established in 1966, is 
the principal financial institution in Kenya.  It regulates the Kenyan 
monetary and banking system, issues bank notes, administers exchange 
control, and provides banking and other services to the government.  In 
addition, the Central Bank regulates commercial bank liquidity and interest 
rates as a mechanism of government monetary policy. 
 
Commercial Banks:  The commercial banks have over 400 service centers 
throughout the country.  They offer a wide range of services, including 
short-term financing and letters of credit.  Occasionally, commercial banks 
will offer medium-term financing.  Additionally, commercial banks offer a 
number of donor-aided term finance windows and offshore lines of credit to 
support projects.  The commercial banking sector is dominated by four large 
banks.  These banks with their American correspondents are the National Bank 
of Kenya (Manufacturers Hanover Trust Company and Morgan Guarantee Trust 
Company), Kenya Commercial Bank (Bankers' Trust, Manufacturer's Hanover 
Trust Company, Chase Manhattan, and Citibank), Barclay's Bank (Barclay's 
Bank of New York), and Standard Chartered Bank (Standard Chartered Bank of 
New York).  The National Bank of Kenya and the Kenya Commercial Bank are 
government owned. 
 
Foreign Commercial Banks:  Citibank is the only American bank that operates 
in Kenya.  The Commercial Bank of Africa, previously owned by Bank of 
America, is now locally owned.  Manufacturers Hanover Trust maintains a 
representative office in Kenya.  Other foreign commercial banks operating in 
Kenya include the Bank of India, Ltd.; the Bank of Baroda, Ltd.; Habib Bank 
(Overseas) Ltd.; and the Banque Indosuez. 
 
 
 
Foreign Exchange Certificates:  In November 1991, the Government of Kenya 
issued foreign exchange certificates as a means of encouraging repatriation 
of foreign exchange held abroad by Kenyan residents.  The certificates are 
issued by the Central Bank and sold through commercial banks.  The 
certificates are denominated in dollars, and the purchaser pays in dollars 
or other hard currencies.  The purchaser receives the value of the currency 
in Kenyan shillings along with the exchange certificate.  The certificate 
gives the bearer the right to repurchase the same amount of foreign exchange 
initially sold, plus interest from the date of issuance to the date of 
redemption. 
 
Currency 
 
Kenya's unit of currency is the shilling.  The value of the Kenya shilling 
is based on five major currencies:  the U.S. dollar, British pound, Japanese 
yen, the Deutschmark, and the French franc.  The Central Bank of Kenya 
circulates notes in 5, 10, 50, 100, 200, and 500 shilling denominations; and 
5, 10, 50, and 100 cents denominations in coins.  The Kenya shilling (KSh) 
was exchanged at the rate of 32KSh equaled $1.00 as of June 1992. 
 
Credit 
 
There is very little foreign-source commercial credit offered to Kenya 
except on an intercompany basis or for consumer goods and small machinery. 
Exporters from the United States and other countries customarily sell on the 
basis of irrevocable confirmed letters of credit.  Financial institutions 
such as the U.S. Export-Import Bank offer government-supported export credit 
at commercial rates. (Occasionally, these institutions will offer credit at 
better than commercial rates.) This type of credit usually requires a 
guarantee either from a local bank or from the Government of Kenya.  Local 
commercial bank credit is available on a limited basis to importers in 
Kenya, although at higher rates.  Interest rates on loans were deregulated 
in 1991, and as of June 1992 were 20 percent. 
 
SELLING IN KENYA 
 
Distribution Centers 
 
Kenya's main points of population concentration are Nairobi, the capital 
(1,350,000); Mombasa (465,000); Kisumu (185,000); Nakuru (162,000); Machakos 
(116,000); Meru (78,000); Eldoret (50,000); and Thika (57,000). 
 
Nairobi:  Nairobi, the commercial hub of East Africa, is centrally located 
with regard to both Kenya and East Africa as a whole.  It is located at the 
edge of the prosperous agricultural settlements of the Kenyan Highlands and 
serves as a regional wholesale distribution center.  Many firms operating 
throughout the region have their headquarters in Nairobi.  The city also 
serves as a retail center for a large part of the surrounding area.  Nairobi 
derives a certain commercial advantage from its role as an administrative 
center.  Consequently, most marketing services are available there.  U.S. 
exporters should take advantage of these services in developing sales 
promotion programs geared to the regional market. 
 
Mombasa:  Mombasa is the leading port and major distribution center of 
Kenya.  It serves as a trade artery for Uganda, Rwanda, Burundi, and eastern 
Zaire.  Although Mombasa's function in retail and local wholesale trade is 
small, some of the larger import/export firms, and many smaller ones, are 
based there.  In addition to these firms, the Uganda Coffee and Lint 
Marketing Boards maintain large warehouses in Mombasa. 
 
 
 
Nakuru/Eldoret:  Nakuru and Eldoret developed principally as trading centers 
for the affluent European settlers of Kenya's former White Highlands area. 
They are distinguished by large-scale commercial units, including the Kenya 
Grain Growers Cooperative Union, which distributes agricultural machinery, 
fertilizers, and supplies. 
 
Kisumu:  Kisumu, serving a large area of dense African settlement, is 
becoming increasingly important as the commercial center of western Kenya. 
Provincial administrative centers also play a significant role in 
distribution; their respective importance is generally related to the size, 
population, and prosperity of the area they serve.  Most merchants in these 
areas are retailers, although several may also sell goods to smaller traders 
in the more remote areas. 
 
Distribution Channels 
 
Although Kenya offers the U.S. exporter a wide variety of methods for 
distributing and selling his product, the specific means chosen must be 
tailored to fit the individual requirements of the product and its potential 
market.  The principal methods of selling are as follows:  employing the 
services of an agent or distributor, selling through established wholesalers 
or dealers, selling directly to cooperatives and other indigenous 
organizations, or establishing a branch or subsidiary. 
 
Agents and Distributors:  Agents are often used for the distribution of a 
wide range of consumer goods and raw materials.  The choice of an agent is 
particularly important.  It can be a deciding factor in the eventual success 
or failure of the marketing effort.  When seeking an agent or distributor in 
Kenya, U.S. exporters should visit the country since firsthand knowledge of 
the market is highly desirable before any long-term commitment is made. 
Also, such a visit provides an opportunity for a personal appraisal of the 
relative merits of prospective agents or distributors.  The large and 
well-established import houses tend to be overburdened with agencies and 
frequently find it difficult to allocate sufficient time and personnel 
resources to the promotional effort required for newer product lines. 
Alternatively, smaller agents are ordinarily prepared to devote considerable 
time and attention to individual product lines.  However, they may lack the 
capital, personal contacts, and physical facilities necessary for a 
successful sales effort.  As agents often represent several different 
product lines, the U.S. exporter should avoid appointing an agent who 
currently is handling a directly competitive brand. 
 
For those products requiring servicing, the exporter should ensure that 
qualified personnel and the necessary parts are readily available for the 
after-sales service.  European competitors capitalize on their geographic 
proximity to the Kenyan market by making spare parts and service personnel 
available to local customers on short notice.  More than one U.S. firm has 
lost a valuable order through failure to provide prompt and efficient 
service for its product. 
 
The U.S. Department of Commerce can help exporters locate agents 
and distributors through the Agent Distributor Service (ADS) program.  The 
ADS is a Commerce program which will locate interested and qualified agents 
or distributors for U.S. businesses.  This information is available through 
the local district offices of the Department of Commerce's U.S. and Foreign 
Commercial Service (US&FCS--part of the International Trade 
Administration).  The cost of one report is $125. 
 
In appointing an exclusive representative in Kenya, the U.S. exporter is 
 
 
legally entitled to certain exemptions from U.S. antitrust laws.  The 
Webb-Pomerene Act allows limited exemptions from antitrust laws by allowing 
exporters to agree on prices, sales terms, and territorial divisions. 
 
Wholesalers and Retailers:  Almost all goods pass through wholesale 
channels.  Wholesalers play an important role in the distribution system. 
Local produce trading and wholesale distribution may be very closely linked, 
particularly in the more rural districts.  Although major cash crops are 
marketed through cooperatives and various marketing boards, most of the 
minor cash crops are still handled by traders who are also wholesale 
distributors. 
 
Nearly one-half of all wholesale establishments are located in the Nairobi 
area.  Other concentrations occur in the Coast, Rift Valley, and Central 
Provinces.  The smallest number are located in the sparsely populated 
Northeastern Province.  Most of Kenya's wholesalers are private registered 
companies or partnerships. 
 
The distribution of retail establishments closely parallels wholesale 
trade.  Approximately one-third of the establishments are located in the 
Nairobi area.  Most of the establishments operate on a small scale.   Half 
of them are individual proprietors and the other half are partnerships. 
Most of the retail outlets in Kenya lack specialization.  Practically all 
shops are general stores stocking a wide range of goods.  Only in the larger 
towns are there any specialty shops.  There are no extensive chain stores 
except for the state-owned Uchumi Supermarkets. 
 
Trade License:  A company engaged in wholesale or retail trade must obtain a 
license after it has acquired a place of business.  Noncitizens are 
precluded from operating in many towns; it is therefore essential to 
determine in advance whether the location is in what is termed a "general 
trading area." 
 
Manufacturing firms are not allowed to distribute their locally produced 
merchandise, but must sell through African distributors. 
 
Pricing and Credit 
 
In quoting prices to Kenyan importers, costs should be computed on a c.i.f. 
basis.  In general, clarity of price quotations is vital to successful 
selling.  An effort should be made to quote in terms which the Kenyan 
importer is familiar. 
 
Local sources of commercial credit are generally inadequate to finance the 
growing volume of import transactions.  In most instances, liberal credit 
terms offered by a foreign supplier can outweigh a considerable differential 
in price.  Therefore, the ability of the U.S. exporter to extend liberal 
credit terms is an extremely important factor in determining the overall 
success of the Kenyan marketing effort.  Foreign competitors in many 
instances grant credits for a period of 180 days for consumer goods and 24 
months for small machinery and equipment. 
 
Long-term credits for the purchase of more expensive capital equipment have 
been extended by foreign firms for as long as 7 years.  The offer of 
long-term credits includes a 5 percent payment at time of order and a 10 
percent payment on delivery up to a year later.  The German, Italian, and 
Dutch Governments discount paper for their exporters at similarly liberal 
terms and at low interest rates. 
 
To assist U.S. exporters in formulating sound credit policies applicable to 
 
 
local markets, credit information on individual Kenyan firms is available 
through the World Traders Data Reports (WTDRs) service.  WTDRs, prepared by 
US&FCS, are available for $75.  Similar information is also available from 
private agencies. 
 
Government Procurement 
 
Procurement in Kenyan Government tenders of goods worth over $4,000 is done 
through open tenders published by tender boards.  The established tender 
boards are the Central Tender Board, Ministerial Tender Boards, the 
Department of Defense Tender Board, and the District Tender Boards. 
 
Most goods and services which do not exceed $80 are procured without written 
quotations or agreements.  Procurement of goods worth up to $4,000 requires 
at least three competitive quotations, but is not referred to a tender 
board.  Adjudication of the quotations must be made by three or more 
responsible officers. 
 
Barriers:  The Government of Kenya provides preference to domestic suppliers 
for small procurements and contracts.  Foreign suppliers are not eligible to 
bid for contracts valued at less than $50,000.  Barriers against foreign 
goods and services exist in construction, engineering, architecture, 
insurance, and shipping. 
 
For instance, foreign construction companies are not allowed to make bids 
except on projects with foreign financing, or where there are substantial 
amounts of imported material being utilized.  Any Kenyan-financed project 
using only Kenyan material must be constructed by a Kenyan firm. 
Engineering and architectural contracts are awarded to Kenyan firms unless 
there are technical reasons for using a foreign firm or foreign financing. 
Kenyan insurance companies must give 25 percent of their written business to 
the Kenya Reinsurance Company, a government parastatal.  Additionally, Kenya 
Reinsurance Company gets 25 percent of all reinsurance business placed 
abroad.  There is also a 2 percent tax on reinsurance business placed 
outside Kenya.  As for shipping, Kenyan registered ships receive preference 
on bids.  There is a parastatal Kenyan national shipping company which also 
receives preference.  The shipping company has no ships, but charters space 
on foreign registered vessels. 
 
Foreigners have good opportunities to sell to the Government of Kenya, but 
these opportunities are largely dependent on foreign exchange availability. 
Foreign suppliers have experienced difficulty obtaining foreign exchange 
remittances.  Most big projects and capital purchases are normally donor 
financed.  The aid agreements often require that contractors and supplies 
come from Kenya and the donor country. 
 
Bids by U.S. companies represent an estimated 20 percent of the total number 
of bids received by Kenyan tender boards.  U.S. companies win about 30 
percent of the bids they make.  U.S. companies have attempted to win 
government contracts in the supply of aircraft and spare parts, 
telecommunications, food processing, and computers.  Failure of U.S. 
companies in some bids has been either due to noncompetitiveness or 
corruption.  In many cases, U.S. financing for major contracts is not 
competitive with mixed credits offered by other donors and suppliers. 
 
Export-Import Bank of the United States:  The Export-Import Bank of the 
United States (Eximbank) is the U.S. Government agency that provides 
financial assistance to U.S. exporters when bidding on foreign government 
procurement projects.  Under Eximbank's Direct Loan Program, foreign buyers 
can obtain medium- and long-term loans at minimum fixed interest rate for 
 
 
the purchase of U.S. capital equipment and services that face officially 
subsidized foreign competition.  The maximum loan is 85 percent of contract 
price.  More information on Eximbank's programs can be obtained from the 
Export-Import Bank of the United States, 811 Vermont Avenue, NW., 
Washington, DC 20570 (tel: (202)566-4490). 
 
Marketing Aids 
 
Several advertising agencies with headquarters in Nairobi offer a full range 
of sales promotion services throughout East Africa. 
 
Most local distributors of imported merchandise expect their suppliers to 
provide substantial advertising and promotional support, particularly when 
introducing a new product or brand name.  Good sales ability is the most 
important element in selling the product.  Clear and simple operating 
instructions, displays of the product in use, sample handouts, and frequent 
personal visits are all vital tools for the successful sales representative 
in Kenya. 
 
Advertising:  A variety of newspapers and magazines, in both English and 
Swahili, are read by East African consumers.  Among the English-language 
newspapers, Nairobi's Daily Nation, Sunday Nation, and The Standard report 
the largest circulation.  Black and white newspaper advertising costs vary 
from 250 KShs. to 350 KShs. per column centimeter.  Full color ads range 
from 12,000 KSh. to 15,000 KSh. per column centimeter.  In addition, 
specialized trade and industry journals are published by various local 
industry groups, commodity marketing boards, and government institutions. 
 
The Voice of Kenya, the government-owned broadcasting company, offers 
advertising facilities on both its radio and television services.  Privately 
owned Kenyan Television Network also provides television advertising.  Radio 
spot announcement rates vary from 1500 KShs. for 15 seconds to 5,000 KShs. 
for 1 minute.  Sponsored-program costs range from 10,000 KShs. for 15 
minutes to 25,000 KShs. for a 1-hour show (6 minutes commercial content). 
Television spot announcement rates range from 1500 KShs. for 15 seconds to 
4,000 KShs. for 60 seconds.  A 15-minute sponsored program costs 8,000 
KShs.; 1-hour show, with 6 minutes of commercial content, 30,000 KShs. 
Voice of Kenya advertising inquiries should be addressed to the Commercial 
Manager, Voice of Kenya, P.O. Box 30456, Nairobi, Kenya.  Kenya Television 
Network's advertising inquiries should be addressed to Commercial Manager, 
Kenya Television Network, P.O. Box 30958, Nairobi, Kenya. 
 
Short films are another popular form of advertising for consumer articles. 
A number of these films are shown in local movie houses.  To show a 
30-second film costs 2,500/3500 KShs. per week (16 showings) at major 
theaters.  For advertising in more remote areas, East African Touring 
Circuits, managed by Factual Films, Ltd. of Nairobi, operates 17 mobile 
theaters, each of which gives 29 shows per month at 464 towns and villages 
in selected agricultural areas throughout Kenya.  Audiences average 2,000 
per show, and monthly exhibition charges per circuit range from 1200 KShs. 
for a 10-second filmlet to 4,000 KShs. for a 60-second presentation.  Longer 
films are prorated to the 60-second rate.  Also, Factual Films will accept 
advertising records and arrange for the distribution of leaflets in 
exhibition areas. 
 
Posters and point-of-sale reminders are an important part of the advertising 
package in Kenya.  Brochures and special advertising materials can be 
prepared by local printers at standard rates.  Billboard advertising is used 
in some localities but is prohibited in urban areas.  Neon signs are rigidly 
controlled by local authorities.  Both billboard advertising and neon signs 
 
 
are permitted in railway stations and are used extensively by local 
advertisers.  Interior and exterior bus advertising is also popular. 
 
Packaging is an extremely important sales factor.  Eye appeal has proven to 
be the most effective means of attracting consumer attention, and the 
supplier who takes into account consumer tastes in color and design, and 
appeals to habits and attitudes peculiar to the locality, enhances his 
product's saleability.  Popular among low-income African consumers is a 
reusable container--a bottle, jar, or box that can be re-used. 
 
Participation in Kenya's trade fairs can also offer the U.S. exporter an 
opportunity to develop local interest in his product.  Among the best known 
events is Kenya's Nairobi Show, usually held during the last week of 
September, which offers broad agricultural-through-industrial coverage. 
 
Periodically, the U.S. Foreign Commercial Service sponsors all American 
trade shows in Nairobi.  Information on these shows can be obtained from 
US&FCS (tel: 254-2-334141; fax:  242-2-340838) in Nairobi, or from the Kenya 
Desk Officer in the United States at the Department of Commerce in 
Washington, DC (tel: (202)377-4564; fax: (202)377-5198). 
 
Market Research and Trade Organizations:  Major Kenyan advertising agencies 
will undertake special market research activities for their clients.  Kenyan 
banks will also provide assistance on market research.  These services are 
frequently available in the United States through correspondent arrangements. 
 
Local support for market research projects may also be obtained through the 
Kenya National Chamber of Commerce and Industry, P.O. Box 47024, Nairobi. 
The chamber has branches in all major towns and has the largest membership 
of any local business association. 
 
The Kenya Association of Manufacturers, P.O. Box 30225, Nairobi, Kenya, is a 
representative organization of industrialists who seek to advance the 
interest of the private sector and to make their experience available to 
potential investors and traders.  The association also publishes a list of 
members and their products, which is a useful guide to local industry. 
 
Among the other informative publications dealing with East African commerce 
in its various aspects, the following are particularly noteworthy:  The East 
African Trade and Industry, a privately published monthly journal on 
developments in the engineering, construction, electrical, textile, 
furniture, hardware, automobile, and shipping trades in East Africa; and the 
Kenya Export News, published by the Kenya External Trade Authority, which 
deals primarily with external trade. 
 
INVESTMENT 
 
Kenya Policy 
 
The Government of Kenya encourages foreign investment.  In approving new 
investments, the government gives preference to investors whose firms are 
expected to earn or save foreign exchange, increase the country's technical 
knowledge, increase employment, utilize local resources, and are based 
outside the congested centers of Nairobi and Mombasa. 
 
Private foreign investment in Kenya is governed by Kenya's Foreign 
Investment Protection Act (FIPA).  The government requires foreign investors 
to apply for a Certificate of Approved Enterprise from the Treasury, which 
allows them to repatriate capital and profits. 
 
 
 
Franchising and Licensing:  Kenya law does not contain specific provisions 
for franchising or licensing.  The primary consideration in either 
arrangement is the formalization of a remittance procedure for any fees, 
royalties, etc. to the franchisor or licensor.  Such arrangements require 
prior approval of the Central Bank. 
 
International Agreements:  Kenya is a signatory of the Settlement of 
Investment Disputes Between States and Nationals of Other States, to which 
the United States is a party.  An investment guarantee agreement is in force 
between the United States and Kenya. 
 
Foreign Ownership of Business Entities:  There are no restrictions on the 
right of foreign nationals to acquire and own business entities in Kenya. 
Most foreign companies are urged to have Kenyan participation in the new 
business.  Local financial participation increases Kenyan support and 
provides the benefits of local knowledge and experience. 
 
Credit Access:  Foreign investors have limited access to domestic credit 
markets and are encouraged to seek credit from outside sources.  All foreign 
firms are permitted to borrow locally up to the amounts required to pay 
customs duty on imported capital equipment.  Foreign investors are also 
permitted limited credit from local financial institutions based on the 
amount of equity capital. 
 
Types of Business Organization 
 
American firms that desire to set up operations in Kenya may establish a 
subsidiary company or a representative office.  Only a subsidiary company 
may conduct trade.  An authorized representative can trade on the company's 
behalf only as an agent, but may collect orders for the company's products. 
Firms doing business in Kenya must have a resident bank account. 
 
Kenyan officials have strongly endorsed the joint enterprise type of 
investment arrangement.  In order to regulate establishment of business 
operations, Kenya has published a Companies Act patterned after the United 
Kingdom's Companies Act of 1948.  Companies that may be organized under the 
terms of this legislation include limited-liability companies, partnerships, 
and companies limited by guarantees. 
 
Limited-Liability Companies:  Limited liability companies are limited by the 
number of shares they may distribute.  The liability of each individual 
shareholder is restricted to the amount unpaid on the held shares.  The 
limited liability company is the usual type of corporate business 
organization in Kenya.  This type of corporate business organization may be 
public or private. 
 
A public limited-liability company is comparable to the typical U.S. 
corporation.  This type of company must have at least seven shareholders. 
Private limited-liability companies are usually formed to obtain the 
advantages of limited liability for family businesses, small companies, and 
for subsidiaries to other companies.  Most overseas firms establishing a 
branch in Kenya set up private limited-liability companies.  Such companies 
must restrict the transfer of shares.  They must also prohibit subscription 
invitations from the public for shares or debentures.  The number of 
shareholders must not be fewer than 2 or more than 50. 
 
Partnership:  Partnerships are used for professional enterprises, small 
trading concerns, and frequently for the business of manufacturers' 
representatives that handle or distribute imported commodities. 
Partnerships may constitute between 2 but not more than 20 persons, either 
 
 
orally or in writing.  Each partner must contribute capital or labor for the 
joint benefit of partnership with the objective of making a profit.  Should 
these essentials be lacking, no partnership is deemed to exist.  The 
liability of the partners cannot be limited by private agreement, and each 
partner is jointly and severally liable for all debts contracted by the 
partnership. 
 
Limited-Liability Companies Established Outside East Africa:  Each company 
incorporated outside East Africa that establishes a place of business in 
Kenya must, within 30 days of such establishment, file with the Registrar of 
the country the following materials:  a certified copy of the charter, 
statutes, or memorandum and articles of the company or other instrument 
constituting or defining the constitution of the company; a list of the 
directors and secretaries of the company; a statement of all subsisting 
changes created by the company; the names and addresses of one or more 
resident persons authorized to accept on behalf of the company service of 
process and notice required to be served on the company; and the full 
address of the principal office of the company. 
 
Investment Regimes 
 
The Government of Kenya offers a number of specific regimes to investors. 
These various regimes are described below. 
 
Manufacturing Under Bond:  The Government of Kenya operates a Manufacturing 
Under Bond (MUB) scheme as part of its export expansion strategy.  The MUB 
program is coordinated by Kenya's Investment Promotion Center (IPC).  IPC 
offers free information on investment rules and procedures, opportunities, 
and possible financing sources.  Goods produced under MUB are exempted from 
all customs duties and sales taxes on plant, machinery and equipment, raw 
materials, components, and any other imported inputs.  Also, goods produced 
under MUB are exempt from all export taxes and levies.  Additionally, they 
receive top priority in allocation of import licenses.  To qualify for the 
MUB scheme, an investor must demonstrate financial ability, technical 
know-how, and market availability.  An investor must prove that the total 
value of exports will exceed $440,000, or demonstrate that the enterprise 
can create employment for at least 50 Kenyans. 
 
Export Compensation:  Kenya's export compensation scheme was established by 
the Export Compensation Act of 1974.  This system of payment compensates 
exporters for high production costs due to tariffs on imports.  The scheme 
is offered to firms which sell all or part of their manufactured products 
abroad.  Export compensation is paid as a percentage of export value for 
eligible manufactured products.  Manufacturers of most goods are eligible 
for a refund equivalent to 20 percent of the f.o.b. value of their exports, 
provided that the goods sold abroad have a local value-added component of at 
least 30 percent. Another provision is that duties paid on major imported 
raw materials or components must account for at least 20 percent of the 
c.i.f. value of the imports.  Firms manufacturing under bond are not 
eligible to participate in the export compensation scheme. 
 
Tax Incentives:  The government grants a one time 35 percent tax deduction 
for the cost of industrial buildings, fixed plant, and machinery for 
investments in Nairobi and Mombasa.  If the plant is located outside Nairobi 
and Mombasa, an 85 percent tax deduction in granted.  In addition, depending 
upon the investment location, a 2- to 5-year tax holiday is granted. 
 
Kenya's tax treaties follow the Organization for Economic Cooperation and 
Development model for the prevention of double taxation of income.  There is 
no tax treaty with the United States. 
 
 
 
Export Processing Zones:  Kenya has five export processing zones.  Two 
export processing zones are owned by the government (Mombasa and Athi) and 
the remaining three are owned by private industry (Nairobi, Della Rue, and 
Nakuru).  These zones are designed to generate jobs, introduce technology, 
and generate foreign exchange.  They offer the following advantages: 
 
        1. No foreign exchange controls 
        2. Low-cost labor 
        3. Access to PTA markets 
        4. No quotas on manufactured exports to Europe or 
           the United States 
        5. Tax holiday for 10 years and 25 percent for the next 
           10 
        6. Complete exemption from duties 
        7. 100 percent foreign ownership 
        8. No withholding tax on dividends 
        9. Exemption on value-added and sales taxes 
       10. No restrictions on management and technical 
           agreements. 
 
Repatriation of Capital 
 
The 1964 Foreign Investments Protection Act authorizes Kenya's Finance 
Minister to issue Certificates of Approved Status.  These certificates 
guarantee foreign investors the right to repatriate profits after deduction 
of taxes and dividends.  1976 amendments to the act stipulate the investor, 
rather than the Government of Kenya, must assume the foreign exchange risks 
of investment.  The Kenyan Government will not guarantee in advance the 
repatriation of capital gains realized upon liquidation of an investor's 
assets. 
 
In theory, the Kenyan Government allows profits to be repatriated annually. 
In practice, because of chronic foreign exchange shortages, repatriation of 
dividends is usually delayed.  For instance, as of June 1992, American 
companies have been waiting over two and one-half years for authorization to 
repatriate profits.  Meanwhile, these companies continue to suffer erosion 
of profit value because of foreign exchange losses.  These delays are a 
major negative factor for potential new investors.  To remedy this 
situation, the Government of Kenya has said that it plans to spread out 
authorizations over the course of the year, rather than group them after the 
end of the calendar year.  If implemented, this procedure would be an 
improvement. 
 
U.S. Investment 
 
The United States is the second main source of foreign investment in Kenya 
after the United Kingdom.  There are approximately 80 U.S. firms with 
established offices in Kenya. 
 
Private direct investment by U.S. firms is reported by U.S. Department of 
Commerce/Bureau of Economic Analysis to have a year-end 1991 book value of 
$83 million.  U.S. firms manufacture batteries, soap products, and canned 
goods for home consumption and export.  They provide banking and insurance 
services, and international transportation. Included among American firms 
with major manufacturing facilities in Kenya are Colgate-Palmolive, Crown 
Cork, Ralston Purina, General Motors, CPC International, and Coca-Cola. 
 
Overall, American investment in Kenya has declined in the past decade.  With 
few exceptions, U.S. investments in Kenya have proven successful, but 
 
 
economic difficulties and certain Kenyan Government policies have adversely 
affected the financial returns of many U.S. firms. 
 
TAXATION 
 
Corporate and personal income taxes in Kenya are levied according to rules 
specified in the 1973 Income Tax Act.  The amounts of personal allowances 
and taxation rates are fixed by the act.  The machinery for assessment and 
collection is operated by the Kenya Income Tax Department. 
 
Corporate Taxes 
 
The corporate tax rate for industrial enterprise is 35 percent of the 
profits, excluding dividends received from resident companies.  The tax on 
the income of branches of foreign firms is 42.5 percent.  The tax rate for 
life insurance profits and mining activities is 35 percent.  Residents and 
nonresidents must pay a 15 percent withholding tax on dividends and a 10 
percent withholding tax on interest. 
 
Personal Income Tax 
 
Residents and nonresidents alike must pay tax on income accrued in Kenya. 
Taxes on chargeable income are usually withheld from employees on a 
pay-as-you-earn system.  The income tax rates range from 10 to 40 percent. 
 
Tax Deductions 
 
In addition to expenses wholly and exclusively incurred in the production of 
income, Kenya tax law specifies various other permissible deductions. 
 
Annual deduction for certain classes of capital expenditure incurred for 
business purposes are allowed as follows: 
 
 
(a) Industrial buildings, such as factories:  4 percent; "approved" hotels: 
6 percent annually on the expenditure incurred. 
 
(b) Plant and machinery:  heavy self-propelling vehicles such as 
tractors--37.5 percent on the written down value; other self-propelling 
vehicles such as cars--25 percent; all other machinery, including 
ships--12.5 percent. 
 
(c) Mining:  40 percent of expenditure in the first year and 10 percent in 
each of the following years; and 
 
(d) Farm works:  20 percent of expenditure in the first year and each of the 
4 following years. 
 
An additional deduction is available at the following rates on the cost of 
selected constructions: 
 
(a) Ships--40 percent. 
(b) New factory buildings and new machinery installed in 
    them--20 percent. 
(c) New hotels--2 percent. 
 
No deductions on charges are made when a business as a whole is disposed 
of.  Purchasers of assets are entitled to write off the residue of 
expenditures not allowed to the vendor.  A loss in business (calculated 
after allowing capital deductions as above) is set off against other income 
 
 
of the same year.  If a deficit results, the losses may be set off against 
profits of the preceding year or carried forward indefinitely and set off 
against profits of succeeding years.  The provisions apply to all approved 
companies, both public and private, that operate in Kenya, whether 
incorporated in Kenya or overseas. 
 
INDUSTRIAL PROPERTY PROTECTION 
 
Patents and Trademarks 
 
Kenya is a member of the Paris Union, the international convention for the 
protection of industrial property.  Kenya is also a member of the African 
Regional Industrial Property Organization.  Thus, investors are entitled to 
national treatment and "priority right" recognition for their patent and 
trademark filing dates. 
 
The Kenyan Government implemented the 1990 Industrial Property Act and 
established an Industrial Property Office.  The Industrial Property Act 
establishes an independent national patent law to replace the use of 
pre-independence British procedures.  The Industrial Property Office is 
responsible for granting industrial property rights, screening technology 
transfer agreements and licenses, and providing patent information to the 
public.  The office also provides patents, utility model, and industrial 
design certificates, and acts as a receiving office for international 
applications. 
 
The office responsible for receiving trademark applications is 
the Department of the Registrar General, P.O. Box 30031, Nairobi, Kenya. 
There are no provisions for automatic protection or recognition of a mark 
previously registered in the United Kingdom.  In Kenya, registrations are 
valid for 7 years from application date and renewable for 14-year periods. 
The first person to apply for a mark as its user or intended user is 
entitled to its registration.  Applications are published for opposition for 
60 days. 
 
Copyrights 
 
Kenya's Copyright Act protects intellectual property, audio-visual works, 
photographs, sound recordings, broadcasts, and programs carrying signals 
from infringement.  The copyright is valid for 50 years.  Kenya has adhered 
to the Universal Copyright Convention to which the United States and about 
50 other countries also adhere.  Therefore, U.S. nationals who have a U.S. 
copyright on their marks receive automatic copyright protection in Kenya by 
inserting on their works, their name, date of first publication, and the 
letter "c" in a circle (symbol of copyright registration). 
 
GUIDANCE FOR U.S. BUSINESS TRAVELERS 
 
Entrance Requirements 
 
A valid U.S. passport and Kenyan visa are required for entry into Kenya. 
Visas are issued by the Kenyan Embassy, 2249 R Street, NW., Washington, DC 
20008, and by the Principal Immigration Officer at Nairobi.  Visas may be 
for either single or multiple entries; a letter of recommendation from the 
company the traveler represents must accompany the visa application. 
 
Temporary entry is usually granted for a maximum period of 6 months, with 
two extensions of 6 months each.  Visitors deciding to remain longer, but 
are not interested in applying for permanent residence, must leave the 
country and seek readmission. 
 
 
 
Visitors while in Kenya are not permitted to accept remunerative 
employment unless they hold a valid Temporary Employment Pass issued by the 
Immigration Authorities.  Such permits are ordinarily granted only if 
personnel with comparable skill are not locally available, and in most 
cases, immigration officials will require a Security Bond covering each 
alien so employed.  Entry requirements for persons wishing to take up 
residence or to seek long-term employment are more stringent. 
 
All persons traveling to Kenya must have been vaccinated against smallpox 
and inoculated against yellow fever and carry with them the International 
Yellow Fever and Smallpox Certificates.  Typhoid, tetanus, thyphus, plague, 
cholera, and diphtheria inoculations are recommended.  The regular use of a 
malaria suppressant is advisable.  There are no limitations on the 
importation of dollars, travelers checks, or other instruments of payment. 
The importation and exportation of Kenyan currency is prohibited. 
 
Free entry is permitted of necessary wearing apparel and personal effects 
that are proved to have been in personal or household use by the traveler 
and are not for sale, and of instruments and tools for professional use. 
 
With the exception of stipulated personal allowances of alcoholic beverages 
and tobacco products, all other goods, whether imported for personal use or 
sale, including goods intended for residents of Kenya, are subject to duty. 
 
Travelers deciding to import any vehicle (including trailers or cycles) or 
other goods intended for their use, convenience, or comfort, but not for 
consumption, must deposit at the time and place of importation a sum equal 
to the duty that would be imposed.  Simultaneously, a claim for temporary 
exemption should be presented in duplicate.  The vehicle or goods must then 
be exported within 6 months or such further period as the Commissioner of 
Customs and Excise may allow.  These conditions also apply to articles 
imported for exhibition or demonstration and subsequent reexport.  If the 
prescribed conditions are not met, the visitor will be liable for the full 
duty of the vehicle or goods imported.  A guarantee may be made by an 
authorized organization, however, in which case no deposit is required.  The 
organization thereby assumes the liability for the duty if the vehicle or 
goods is not reexported within the prescribed period. 
 
Business Etiquette 
 
In general, business customs are similar to but less formal than those in 
the United Kingdom.  Both English and Swahili are official languages in 
Kenya.  English is the most widely used in business and commerce.  Business 
correspondence, catalogs, and advertising material prepared in English are 
readily understood by most potential buyers.  Business cards are widely 
used.  They are usually imprinted in black and white, although there is no 
objection to the colored American styles.  Academic titles and degrees are 
most frequently cited by members of the European and Asian expatriate 
communities.  U.S. businesspeople will ordinarily use their firm's name and 
their title within the organization. 
 
Correspondence and personal calls each play a significant role in the 
conduct of business in Kenya.  Expeditious handling of correspondence is 
expected and greatly appreciated. 
 
Standards of appropriate business attire in the larger towns are comparable 
to those in most U.S. cities.  In the coastal areas, tropical-weight 
clothing is appropriate throughout the year; in the highlands, wool suits 
may be more comfortable.  A raincoat is essential, particularly during the 
 
 
April to June and October to November rainy seasons; a topcoat is rarely 
worn. 
 
Personal visits are warmly welcomed and generally regarded as the most 
efficient method of establishing new trade contracts.  Punctuality is 
important to Kenyan businesspeople, and the business visitor should make 
every effort to be on time for appointments.  As a general rule, 
appointments should be made in advance of a business call. 
 
Living Conditions and Costs 
 
Most business travelers and residents find the Kenyan climate healthy and 
agreeable.  Although the incidence of malaria is negligible in the cities 
and at altitudes over 5,000 feet, it is advisable to take antimalarial 
precautions when traveling at the lower elevations.  Medical facilities in 
the major cities are generally adequate.  British and Dutch equivalents of 
standard household medicines, including vitamins and pain relievers, can be 
purchased at a local "chemist."  Any special medicines should be carried 
with the traveler. 
 
Kenya has several large hotels in Nairobi (Ambassador, Nairobi Hilton, Hotel 
Inter-Continental/Nairobi, Nairobi Safari Club, Norfolk, and New Stanley) 
and in Mombasa (Castle, Oceanic, Hotel Inter-Continental/Mombasa, Nyali 
Beach Hotel, and the Mombasa Beach Hotel).  Impromptu hotel accommodations 
in Kenya are often difficult to obtain; therefore, reservations should be 
made well in advance.  Hotels in the principal cities are generally 
comparable to first rate American standard, but accommodations in smaller 
towns may be less satisfactory. 
 
Suitable long-term housing accommodations are often difficult to obtain, and 
business travelers planning a lengthy visit should allow 4 to 8 weeks in a 
hotel until more permanent housing can be located.  Boarding houses, which 
are considerably less expensive, are available, but generally do not provide 
accommodations of the standard considered satisfactory by Americans. 
 
Eating habits are generally comparable to those prevailing in Western Europe 
or the United States, and American travelers ordinarily experience no 
difficulty in adjusting to the local cuisine. 
 
Buses and taxis serve the residential areas of the cities, but the schedules 
are such that they may not be considered a reliable means of transportation 
for business purposes.  Private cars are available for hire in the main 
commercial centers, with or without chauffeur.  Railway service is available 
only between large cities. 
 
Business Hours and Holidays 
 
Business establishments and government offices in Kenya are open Monday 
through Friday from 8:00 a.m. to 1:00 p.m. and from 2 p.m. to 5:00 p.m. 
Some offices also are open on Saturdays from 8:15 a.m. to noon. 
 
The official Kenyan holidays are as follows: 
 
New Year's Day              January 1 
Good Friday                 Varies 
Easter Monday               Varies 
Labor Day                   Monday 1 
Madaraka Day                June 1 
Id-ul-Fitr                  Varies 
Kenyatta Day                October 20 
 
 
Independence Day            December 12 
Christmas Day               December 25 
Boxing Day                  December 26 
 
General Advice 
 
Visitors to Kenya should show respect for the President and all he 
symbolizes.  They should stop before a presidential motorcade, stand for the 
national anthem, and under no circumstances destroy or deface a portrait of 
the President.  The normal spending money of Western visitors amounts to a 
small fortune for many Kenyans, and foreigners are therefore asked not to 
spend money ostentatiously. 
 
The import and unauthorized use of addictive drugs is a particularly serious 
offense. 
 
Embassy Assistance 
 
U.S. business visitors are encouraged to use the U.S. Embassy in Nairobi and 
the Kenya Embassy and Consulate-General in the United States.  The U.S. 
Embassy in Kenya is located at the corner of Moi and Haile Selassie Avenues, 
P.O. Box 30137, Nairobi (tel:  254-2-334141; fax:  254-2-340838).  U.S. 
Department of Commerce's Foreign Commercial Service is located at the same 
address and telephone numbers.  There is a U.S. Consulate in Mombasa located 
in Palli House, Nyerere Avenue, P.O. Box 88079, Mombasa, (tel: 
254-11-315101).  Kenya is represented in the United States by an embassy at 
2249 R Street, NW., Washington, DC 20008, (tel:  (202) 387-6101); by its 
Mission to the United Nations, 15 East 51st Street, New York, NY 10022, 
(tel:  (212) 421-4740); and its Consulate at 9100 Wilshire Boulevard, 
Beverly Hills, California 90212, (tel:  (213) 274-6635). 
 
 
 
 
 
 
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This file extracted from Dept. of Commerce National Trade Data Bank (NTDB)
CD-ROM SuDoc No. C 1.88:993/12. Processed 12/01/1994 by software developed
by RCM (UM-St. Louis Libraries) / OBR_0008