Foreign Investments are regulated by a specific act —the Foreign Investments Protection Act (2012)—.

Further protection: bilateral investment treaties

Compared to local investors, international investors benefit from further protection in application of bilateral investment agreements concluded with the following countries

Bilateral investment treaties (in force)

Burundi Finland France Germany
Italy Japan Korea (Republic of) Kuwait
Netherlands Switzerland United Kingdom

Last update: July,2018.

Bilateral investment treaties that were signed not currently in force are presented below.

Bilateral investment treaties (signed but not in force)

China Iran Libya Mauritius
Qatar Slovakia Turkey United Arab Emirates

Last update: July,2018.

Investment guaranties

Kenya is a  member of the World Bank’s Multilateral Investment Guarantee Agency (MIGA), which insures investors against loss of investment because of political problems.

Kenya is also a member of the International Centre for Settlement of Investment Disputes (ICSID), an agreement for the settlement of disputes between states and national of other states. ICSID arbitral awards apply to the Government of Kenya. The Convention (on the Settlement of Investment Disputes between States and Nationals of other States) is included in the national legislation —Disputes Convention Act (2012)—.

Repatriation of capital and profits

There are no restrictions on repatriation of profits or capital.

Besides, no foreign exchange controls apply.

Protection of property rights

Kenya has put in place a comprehensive legal framework to ensure intellectual property rights protection. Main laws and regulations are listed below:

Anti-Counterfeit Act Industrial Property Act Trade Marks Act Copyright Act
Seeds and Plant Varieties Act Universal Copyright Convention Kenya’s Copyright Act

On top of these national laws, Kenya is also a member of the World Intellectual Property Organization (WIPO), the Paris Convention for the Protection of Industrial Property and the Patent Co-operation Treaty.