Foreign company branch registration in Kenya • Reviewed 7 October 2026

How to Register a Foreign Company Branch in Kenya

An existing company incorporated outside Kenya can register to operate in Kenya as a foreign company branch through the Business Registration Service (BRS) under Part XXXVII of the Companies Act, 2015. The Registrar issues a Certificate of Compliance. A branch is the Kenyan registration of the foreign parent, not a separate Kenyan company. If a separate local entity is preferred, use the Kenya company registration route.

BRS fee scheduleKES 7,550
BRS listed time3–5 days
Statutory requirementLocal representative
Registry outputCertificate of Compliance

Primary sources: BRS Companies Registry fee schedule · Companies Act, 2015

Need a filing review? Send the parent-company documents and proposed Kenya activity for a scoped quotation.

Send documents for review

Information checked 7 October 2026. Government fees, portal fields and administrative practice can change; confirm the live BRS/eCitizen filing and invoice at submission.

Foreign Company Branch vs Kenyan Subsidiary

“Foreign company registration in Kenya” can describe two different market-entry decisions. A branch registers the existing foreign company in Kenya. A subsidiary is a new Kenyan company with its own incorporation record. The right choice depends on the intended contracting structure, governance, licensing, tax advice and the parent company’s risk preferences.

Quick structure decision

The legal structure should also be tested against contracting, tax, licensing, governance and risk requirements.
IssueForeign company branchKenyan subsidiary
Entity The foreign parent is registered to operate in Kenya. A separate Kenyan company is incorporated.
Main registry output Certificate of Compliance. Certificate of Incorporation.
Kenya statutory presence Requires a Kenya registered office and at least one local representative. Uses the local-company director/shareholder/registered-office framework.
General corporation-tax position A foreign branch is generally taxed as a non-resident company/permanent establishment. KRA's current general corporation-tax rate for non-resident companies is 37.5%, subject to applicable tax rules, incentives and treaty analysis. A Kenyan subsidiary is generally a resident company. KRA's current general resident-company corporation-tax rate is 30%, subject to applicable tax rules and incentives.
Use this page when An already-incorporated overseas company wants the parent itself registered in Kenya. Use our Kenya company registration guide where the client wants a separate Kenyan entity.

Tax note: the correct structure should be reviewed against the parent company's jurisdiction, the intended transactions, any applicable double-taxation agreement, incentives and the current Income Tax Act/KRA position before a branch or subsidiary is selected.

Cost of Registering a Foreign Company Branch in Kenya

The BRS Companies Registry fee schedule lists KES 7,550 for Foreign Company registration. This is the registry fee, not the total cost of establishing and operationalising a Kenya branch.

Source: Business Registration Service — Companies Registry Fee Schedule

Cost itemTreatmentWhen it arises
BRS foreign-company registration KES 7,550 on the current BRS fee schedule. Confirm the live invoice before payment. Registry filing.
Certification / notarisation Varies by document and country of origin. Where overseas corporate documents need acceptable certification or notarisation.
Certified English translation Varies. Where source documents are not in English.
Professional fees Quoted separately after document and scope review. Where BIEA is instructed to prepare, file and coordinate the registration.
Post-registration costs Separate. KRA/tax setup, bank onboarding, county or sector licences, immigration and other operational requirements as applicable.

BRS and Kenya Investment Authority materials currently display different fee breakdowns for the branch procedure. For payment, use the invoice generated by the live BRS/eCitizen process.

Documents and Requirements for Foreign Company Registration in Kenya

Use section 975 of the Companies Act as the statutory baseline, then match the company’s facts to the current BRS/eCitizen fields and uploads.

Source: Companies Act, 2015 — foreign-company provisions

RequirementWhat to prepareWhen applicable
Foreign incorporation evidence Certified copy of the current certificate of incorporation/registration, or equivalent document. Always.
Constitution Certified copy of the company constitution or equivalent constitutional document. Always.
Directors and shareholders List of directors and shareholders and their personal details. Always.
Kenya-resident local-board directors A duly executed memorandum stating their powers. Where the foreign company has directors resident in Kenya who are members of a local board.
Existing registrable charges Documents required for registration of any existing charge over property that would be registrable under the Companies Act. Where applicable.
Home-country office Address of the registered office in the place of origin, or otherwise the principal place of business there. Always.
Kenya registered office Address of the branch’s registered office in Kenya. Always.
Beneficial owners Statement of particulars of the foreign company’s beneficial owners in accordance with the Companies Act. Always, subject to the statutory beneficial-ownership framework.
Local representative Appointment/acceptance documentation and the prescribed particulars for at least one compliant local representative. Always.
English translations Certified translation of foreign-language documents. Where documents are not in English.

Before we quote or file

Send the parent company’s country of incorporation, certificate, constitution, director/shareholder structure, beneficial-ownership structure, proposed Kenya activity, proposed Kenya office address and local-representative position. We can then identify missing items and separate registry work from tax, banking, licensing and immigration work.

Local Representative Requirement for a Foreign Company Branch

Section 979 requires at least one compliant local representative before a foreign company can be registered. The role is tied to statutory compliance and should not be treated as a nominal address service.

Source: Companies Act, 2015 — ss. 979–981

Do not appoint a local representative without defining the role

The appointment should be documented, the representative’s details should be kept current with the Registrar, and the parent company should understand the compliance responsibility attached to the role. If an existing representative ceases and the branch continues carrying on business or has a place of business in Kenya, section 979 provides a statutory period for appointing a replacement.

Step-by-Step Registration Process and Timeline

Foreign company branch filing workflow

BRS currently lists 3–5 days for a complete Foreign Company filing; overseas document preparation and Registry queries can extend the end-to-end project.
  1. Confirm that a branch is the intended structure.
    If the commercial objective is a separate Kenyan company, use the Kenyan subsidiary/company route instead.
  2. Map the parent company against section 975.
    Identify incorporation documents, constitution, directors, shareholders, beneficial owners, existing charges, home-country office details, Kenya registered office and any Kenya-resident local-board directors.
  3. Appoint the local representative.
    Prepare the appointment/acceptance evidence and prescribed identifying and address particulars.
  4. Certify, notarise or translate documents as required.
    Check the country of origin, document type and live portal requirement before incurring overseas authentication costs.
  5. Complete the BRS/eCitizen foreign-company application.
    Use the live portal fields and current statutory FC-form meanings. Where an alternative name is required, address that separately.
  6. Pay the registry invoice and submit.
    The BRS fee schedule currently lists KES 7,550, but the generated invoice is the operational payment reference.
  7. Respond to any Registry query.
    Correct inconsistencies in names, addresses, certification, corporate particulars or ownership information promptly.
  8. Obtain the Certificate of Compliance and begin post-registration setup.
    Tax registration, banking, county/sector licensing and immigration are separate workstreams where applicable.

How long does registration take?

BRS currently lists 3–5 days for a complete Foreign Company filing. Treat this as the registry processing indication, not a guarantee for the entire market-entry project. Certification, translations, corrections and Registry queries can extend the overall timeline.

Source: BRS Companies Registry fee schedule

Practitioner Notes From Preparing Foreign Company Filings

The statutory checklist is only the starting point. The filing is usually smoother when the parent-company record is normalised before data is entered into BRS/eCitizen.

Reconcile names and corporate particulars first. Check that the legal name, registration number, registered office, directors and shareholders are presented consistently across the certificate, constitution and supporting corporate records before filing.
Map beneficial ownership before portal entry. Where ownership runs through corporate shareholders or several layers, identify the reportable natural persons and supporting particulars at the beginning rather than leaving the analysis to bank or tax onboarding.
Check document authentication before clients spend money overseas. Certification, notarisation and translation requirements should be reviewed against the document type, country of origin and current filing workflow before originals are couriered or authenticated.
Separate registration from operational readiness. The Certificate of Compliance completes the Companies Registry step. Tax, banking, licences, payroll and immigration remain separate workstreams where applicable.

After Registration: KRA, Banking and Ongoing Compliance

The Certificate of Compliance proves the foreign company’s registration; it does not complete every tax, banking, licensing, employment or immigration requirement. The branch should map its obligations to its actual activities before trading. See also our Kenya business and immigration services hub for related market-entry workstreams.

Operational setup

  • KRA PIN and applicable tax obligations.
  • Bank account onboarding and source-of-funds / KYC documentation.
  • County and sector licences where the activity requires them.
  • Employment and payroll registrations where staff are engaged.
  • Appropriate work permit or investor permit analysis for foreign personnel where applicable.

Companies Act maintenance

  • Keep the local representative and registered-office particulars current.
  • Notify changes to registered foreign-company particulars as required.
  • Maintain beneficial-ownership particulars and update reportable changes.
  • Address the foreign-company financial-statement lodgement requirements under section 987.
  • Respond to returns or information required by the Registrar under the foreign-company provisions.

Hiring without immediately opening a branch?

For a company whose immediate objective is to hire or manage personnel in Kenya rather than establish its own registered branch, compare the branch route with an Employer of Record in Kenya before committing to an entity structure.

Common Problems That Delay or Weaken a Foreign Company Filing

  • Using an outdated FC-form checklist without reconciling the current BRS forms catalogue and live portal.
  • Omitting beneficial-owner particulars or leaving a multi-layer ownership analysis until the last stage.
  • Inconsistent company data across certificates, constitutional documents and application fields.
  • Incomplete certification or translation of overseas corporate documents.
  • Treating the local representative as a nominal contact without documenting the role and update obligations.
  • Assuming registration equals operational readiness when tax, banking, licensing, payroll or immigration steps may still apply.

Professional Review and Source Method

This guide is published by Business & Immigration East Africa (BIEA) and was reviewed on 7 October 2026 by Edward Omondi Ochieng, Lawyer, Business Setup and Immigration Expert, Nairobi, Kenya. The review reconciles the Companies Act, BRS fee schedule, BRS forms catalogue and the 2023 beneficial-ownership amendment rather than relying on a single secondary checklist.

Primary sources checked

General regulatory information only. The correct filing package depends on the parent company’s records, ownership, intended Kenya activity and the live BRS/eCitizen workflow.

Frequently Asked Questions

How much does it cost to register a foreign company branch in Kenya?

The BRS Companies Registry fee schedule lists KES 7,550 for Foreign Company registration. Certification, translation, professional support, tax onboarding, banking and licences are separate where applicable.

Does a foreign company branch need a local representative?

Yes. Section 979 of the Companies Act requires at least one compliant local representative before registration.

Which FC form is used to register a foreign company in Kenya?

The current BRS forms catalogue identifies FC1 as the application for registration as a foreign company. Because some BRS summary material uses inconsistent FC references, check the live BRS/eCitizen workflow and current statutory form definitions when filing.

How long does branch registration take?

BRS lists 3–5 days for a complete Foreign Company filing. Overseas document preparation and Registry queries can extend the end-to-end timeline.

Is a foreign company branch the same as a Kenyan subsidiary?

No. A branch registers the existing foreign parent to operate in Kenya. A subsidiary is a separate Kenyan company incorporated locally.

Foreign Company Branch Registration Support

BIEA supports the branch route from pre-filing document review through BRS registration and related market-entry work. The filing scope can be separated from tax, banking, licensing and immigration work so the client can see which steps are statutory registration and which are operational setup.

Pre-filing review

Parent-company documents, ownership and beneficial ownership, proposed Kenya activity, registered office and local-representative position.

BRS/eCitizen filing

Preparation of the foreign-company filing, coordination of statutory uploads and responses to Registry queries.

Post-registration setup

KRA/tax onboarding, banking-readiness documents, county or sector licensing and related compliance where instructed.

Immigration coordination

Work-permit or investor-permit analysis for foreign personnel where the Kenya operation requires it.

Foreign Company Branch Registration Support in Kenya

For an itemised scope and quotation, send the parent company’s country of incorporation, certificate, constitution, director/shareholder and beneficial-ownership structure, proposed Kenya activity, proposed office address and whether a local representative has been identified.