Kenya provides the following guarantees to local and foreign investors:
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 capitalized;
The proceeds of the investment after payment of the relevant taxes;
Principal and interest associated with any loan.
Other Guarantees
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 favor of
private sector investment. The following is a summary of current incentives
that have been put in place:
Tax Incentives Investment allowance
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.
Deprecation
Liberal rates are allowed for the depreciation of assets based on book value as follows:
Buildings
Industrial buildings 2.5% (Straight Line)
Hotels 4.0 % (Straight Line)
Machinery
Tractors, combine harvesters, earth- moving equipment, and similar vehicles 37.5% (Declining Balance)
Other self-propelled vehicles, including aircraft 25% (Declining Balance)
All other machinery, including ships 12.5% (Declining Balance)
Computers and other office equipment 33.3% (Declining Balance)
Export promotion program 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.
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