STARTING A BUSINESS IN KENYA


The principal types of business enterprises in Kenya are:

  • Registered Companies (Private and Public)
  • Branch offices of companies registered outside Kenya
  • Partnerships
  • Sole Proprietorships; and
  • Societies

In order to register your company, you will need to;

  • Reserve a company name and get it approved Registrar of Companies
  • Prepare the Memorandum of Association and Articles of Association.
  • Complete various forms including Statement of Nominal Capital, Particulars of Directors and Shareholders, Situation of Registered Office and Certificate of a Lawyer involved in the Formation of the Company,
  • Stamp the Memorandum of Association and Articles of Association and the Statement of Nominal Capital at the Lands Office together with payment of stamp duty on Nominal Capital.
  • File all the forms together with one stamped copy of the Memorandum of Association and Articles of Association with the Registrar of Companies.

You will then be issued with a Certificate of Incorporation by the Registrar of Companies. For public companies, in addition to the Certificate of Incorporation, the Registrar will issue a Trading Certificate

  • An overseas company wishing to open a branch office in Kenya should deliver the following to the Registrar of Companies:
  • A certified copy of the Charter, Statutes or Memorandum and Articles of Association of the Company, or other instruments defining the constitution of the company;
  • A list of the directors and secretary of the company, giving full names, nationality and other directorships of companies in Kenya;
  • A statement of all existing charges entered into by the company affecting properties in Kenya;
  • Names and postal addresses of one or more persons resident in Kenya authorized to accept, on behalf of the company, service of notices required to be served on the company;
  • Full address of the registered or principal office of the company in its home country and;
  • Full address of place of business in Kenya.