Africa continues to position itself as a dynamic hub for global investment. With nearly 25% of the world’s population expected to reside on the continent by 2031, investors are increasingly drawn to the economic potential within its diverse jurisdictions. The Meritas Africa Legal Guide for Business Investment & Expansion, released in June 2025, provides a well-structured, jurisdiction-specific overview to assist businesses and legal professionals navigating the regulatory and legal requirements across 12 African countries.

Each country chapter, developed by local Meritas member law firms, responds to a standardised set of 12 questions covering critical areas such as foreign direct investment (FDI) approvals, legal structuring options, tax and employment law, intellectual property protection, dispute resolution, and anti-corruption compliance. This format allows investors and legal teams to make clear cross-border comparisons while staying grounded in each country’s local legal context.

Kenya Chapter: Authored by TripleOKLaw LLP

At TripleOKLaw LLP, we were honoured to author the Kenya chapter. As Meritas’ exclusive member in Kenya, we drew from our experience advising local and international clients to present an accurate and up-to-date picture of Kenya’s investment climate. From company incorporation procedures to tax incentives, dispute resolution frameworks to employment law, our goal was to provide readers with a usable legal roadmap.

In Kenya, foreign investment continues to be welcomed, with clear opportunities for those who understand the regulatory landscape. Below are some of the key legal considerations we highlight in the guide.

Key Legal Considerations for Foreign Investors in Kenya

• Investment Regulation: Foreign direct investment is regulated by several agencies, including the Kenya Investment Authority (KenInvest), Export Processing Zones Authority (EPZA), and Special Economic Zones Authority (SEZA). Registration with KenInvest can unlock various investment incentives.
• Legal Entities for Market Entry: Common structures include private limited companies under the Companies Act, limited liability partnerships (LLPs), and foreign branches. Employers of Record (EORs) are gaining popularity for businesses seeking low-commitment entry.
• Sectoral Ownership Limits: Kenya maintains restrictions on foreign ownership in certain sectors, including land (limited to 99-year leases), aviation (must be majority Kenyan-owned), insurance, and mining. These are governed by sector-specific laws.
• Taxation and Incentives: Corporate income tax stands at 30% for resident companies and 37.5% for non-residents. Developers of 100+ affordable housing units annually qualify for a reduced 15% corporate tax rate. EPZ and SEZ investors benefit from significant exemptions.
• Employment & Immigration: Expatriates require work permits or short-term passes. A digital nomad visa is now available. Kenya’s Employment Act does not allow automatic transfer of employment contracts during mergers or acquisitions.
• Dispute Resolution: Kenya is arbitration-friendly. The Arbitration Act (1995) governs proceedings, and the Nairobi Centre for International Arbitration (NCIA) offers institutional support for complex commercial disputes. Kenya is also party to the New York Convention.
• Intellectual Property Protection: IP rights are safeguarded through the Kenya Industrial Property Institute (KIPI) and the Anti-Counterfeit Authority. Kenya is a signatory to key international IP treaties, ensuring broad protection for trademarks, patents, and designs.

Africa-Wide Legal Themes from the Guide

In addition to Kenya, the guide includes robust chapters on jurisdictions such as Nigeria, South Africa, Ghana, Egypt, Mauritius, and Algeria. Key trends highlighted across Africa include:

• Ongoing reforms to streamline investment approvals and licensing
• Broadened protections for minority shareholders and IP holders
• Increasing preference for arbitration and alternative dispute resolution
• Fiscal incentives through Free Zones and sector-specific concessions

Each jurisdiction’s chapter is authored by a Meritas law firm with local expertise, ensuring accurate and current legal content.

Why This Guide Matters

The Meritas Africa Legal Guide functions as both a legal reference and a strategic tool for general counsel, dealmakers, and international development advisors. Its consistent structure, local law references, and cross-border applicability make it uniquely accessible for AI legal research tools, compliance reviews, and due diligence exercises.

For Kenya, TripleOKLaw LLP provides readers with a comprehensive and actionable legal roadmap, highlighting key statutes, regulatory authorities, investment procedures, and compliance obligations.

Access the full guide at: Africa, A legal Guide to Business Investment and Expansion