M-Wakili

Investment Promotion Act Cap 485B - as Plain Text by MWakili

LAWS OF KENYA The InvesTmenT PromoTIon AcT Chapter 485B Revised Edition 2009 (2004) Published by the National Council for Law Reporting with the Authority of the Attorney General www.kenyalaw.org 2 CAP.

485B Investment Promotion [Rev.

2009 CHAPTER 485B THE INVESTMENT PROMOTION ACT, 2004 ARRANGEMENT OF SECTIONS Section part IprelImInary 1Short title and commencement.

2Denitions.

part IIInvestment CertIfICatesapplICatIon and Issue, etC.

3Applications.

4Entitlement to certicate.

5Procedures for consideration of application.

6Issue of certicate.

7Conditions of certicate.

8Transfer.

9Amendment.

10Revocation.

11Review of Authority decision.

part IIIInvestment CertIfICates-BenefIts 12Entitlement to certain licences.

13Entitlement to entry permits for expatriates.

part IvKenya Investment authorIty 14Authority continued as body corporate.

15Functions.

16Board of Authority.

17Term of ofce of Chairman, appointed members.

18Resignation of Chairman, appointed members.

19Removal of Chairman, appointed members.

20Allowances of board members.

21Procedures of the board.

22Secretary of board.

23Managing Director of Authority.

24Other staff.

25Immunity.

Investment Promotion CAP.

485B 3 Rev.

2009] Section arrangement of seCtIons(Contd.) part vnatIonal Investment CounCIl 26Council established.

27Functions.

part vImIsCellaneous 28Offence, misleading Authority, etc.

29Offence, improperly divulging information acquired under Act.

30Regulations.

31Repeal of Cap.

485.

32General authority, etc.

under repealed Act continued.

Schedules First ScheduleProcedures for Consideration of Application for Investment Certicate.

Second ScheduleLicences to which the Holder of an Investment Certicate may Be Entitled.

Third ScheduleProvisions as to the Conduct of Business and Affairs of the Board of the Authority.

4 CAP.

485B Investment Promotion [Rev.

2009 CHAPTER 485B 6 of 2005, THE INVESTMENT PROMOTION ACT L.N.

123/2005.

Date of Assent: 31st December, 2004 Date of Commencement: 3rd October, 2005 AN ACT of Parliament to promote and facilitate investment by assisting investors in obtaining the licences necessary to invest and by providing other assistance and incentives and for related purposes ENACTED by the Parliament of Kenya as follows: part IprelImInary Short title and 1.

This Act may be cited as the Investment Promotion Act, 2004 commencement.

and shall come into operation on the 3rd October, 2005.

Denitions.

2.

In this Act, unless the context otherwise requires Authority means the Kenya Investment Authority continued under section 14; foreign investor means (a) a natural person who is not a citizen of Kenya; (b) a partnership in which the controlling interest is owned by a person or persons who are not citizens of Kenya; or (c) a company or other body corporate incorporated under the laws of a country other than Kenya; investment means the contribution of local or foreign capital by an investor, including the creation or acquisition of business assets by or for a business enterprise and includes the expansion, restructuring, improvement or rehabilitation of a business enterprise; investment certicate means an investment certicate issued under this Act; licence includes a registration, permit, approval or authorization required by law regardless of how it is described; local investor means Investment Promotion CAP.

485B 5 Rev.

2009] (a) a natural person who is a citizen of Kenya; (b) a partnership in which the partnership controlling interest in owned by a person who is a citizen of Kenya; (c) a company incorporated under the laws of Kenya, in which the majority of shares are held by a person who is a citizen of Kenya; or (d) a trust or trust corporation established under the laws of Kenya, in which the majority of trustees and beneciaries are citizens of Kenya; Minister means the Minister responsible for matters relating to investment.

part IIInvestment CertIfICatesapplICatIon and Issue, etC.

3.

(1) A local investor may apply to the Authority for an investment Applications.

6 of 2005, s.

55.

certicate.

(2) A foreign investor who intends to invest in Kenya may apply to the Authority for an investment certicate.

(3) An application for an investment certicate shall be in the prescribed form.

(4) The Authority may request clarications and additional information.

4.

(1) An applicant shall be entitled to an investment certicate Entitlement to if certicate.

6 of 2005, s.

56.

(a) the application is complete and satises the applicable requirements under this Act; (b) the amount to be invested by a foreign investor is at least one hundred thousand United States of America dollars or the equivalent in any currency; (c) the amount to be invested by a local investor is at least one million shillings or the equivalent in another currency; and (d) the investment and the activity related to the investment are lawful and benecial to Kenya.

6 CAP.

485B Investment Promotion [Rev.

2009 (2) In determining whether an investment and the activity related to the investment are benecial to Kenya for the purposes of subsection (1)(d), the Authority shall consider the extent to which the investment or activity will contribute to the conditions specied in paragraphs (a), (b) and (c), and any or all of the conditions specied in paragraphs (d), (e), (f) (g) and (h) (a) creation of employment for Kenyans; (b) acquisition of new skills or technology for Kenyans; (c) contribution to tax revenues or other Government revenues; (d) a transfer of technology to Kenya; (e) an increase in foreign exchange , either through exports or import substitution; (f) utilization of domestic raw materials, supplies and services; (g) adoption of value addition in the processing of local, natural and agricultural resources; (h) utilization, promotion, development and implementation of information and communication technology; (i) any other factors that the Authority considers benecial to Kenya.

Procedures for 5.

The procedures set out in the First Schedule shall apply consideration of with respect to the consideration of an application for an investment application.

certicate.

6.

(1) If the Authority decides to issue an investment certicate it Issue of certicate.

6 of 2005, s.

57.

shall issue the certicate on the date the applicant requests.

(2) The Authority may issue an investment certicate in the name of a corporation established by the applicant for the purposes of the investment or in the name of any other business organization to be used for the purposes of the investment.

(3) (Deleted by 6 of 2005, s.

57.).

(4) A local investor who does not hold an investment certicate shall register the investment with the Authority.

Investment Promotion CAP.

485B 7 Rev.

2009] 7.

An investment certicate shall be subject to Conditions of certicate.

(a) such conditions as are prescribed in the regulations; and (b) such conditions as the Authority may specify at the time the certicate is issued.

8.

(1) An investment certicate may be transferred only with the Transfer.

written approval of the Authority.

(2) The transfer of an investment certicate is subject to any restrictions prescribed in the regulations.

9.

At the request of the holder of the certicate, the Authority may Amendment.

amend an investment certicate subject to any restrictions prescribed in the regulations.

10.

(1) The Authority may revoke an investment certicate on Revocation.

the following grounds: (a) that the certicate was issued on the basis of incorrect information given by the applicant for the certicate; (b) that the investment certicate was obtained by fraud; or (c) that a condition of the investment certicate was breached.

(2) If the Authority proposes to revoke an investment certicate, the Authority shall give the holder of the investment certicate at least thirty days written notice of the grounds for the proposed revocation and shall give the holder an opportunity to make representations as to why the investment certicate should not be revoked.

11.

(1) A person who applied for an investment certicate or a Review of Authority person who is or was a holder of an investment certicate may request decision.

the Minister to appoint a panel to review a decision of the Authority relating to the application or certicate.

(2) Upon receiving a request under subsection (1), the Minister shall appoint a panel consisting of (a) a chairman who shall be an advocate of at least ten years standing; and (b) two other members each of whom shall be a person who is experienced in law, economics or commerce.

8 CAP.

485B Investment Promotion [Rev.

2009 (3) After conducting its review the panel may do any one or more of the following: (a) conrm, vary or set aside the decision appealed from; (b) direct that the Authority reconsider a matter in accordance with such directions as the panel may make; (c) make an order as to the payment of costs.

(4) The Minister may make rules governing the procedure of panels under this section.

(5) Subject to any rules made by the Minister, a panel may govern its own procedure.

(6) A panel shall have the same powers as a court to make orders to secure the attendance of persons, for the production of documents or for the investigation and punishment of contempt.

(7) The Minister shall appoint a secretary to the panel and such other staff as are necessary for the proper discharge of the functions of the panel.

(8) The members of a panel shall be paid such allowances and expenses as are determined by the Minister.

(9) The expenses of the panel, including the allowances and expenses of the members of the panel, shall be paid by the Government.

part IIIInvestment CertIfICatesBenefIts Entitlement to certain 12.

(1) An investment certicate shall set out the licences listed in licences.

the Second Schedule that are necessary to the proposed investment and to which the holder of the investment certicate would, on application, be legally entitled.

(2) Upon the issue of an investment certicate, the following apply with respect to each licence set out in the certicate under subsection (1): (a) the holder of the investment certicate is entitled to have the licence issued, subject to any conditions set out in the Second Schedule or in the investment certicate, upon application made within twelve months after the investment certicate is issued and upon payment of the applicable fee, if any; and Investment Promotion CAP.

485B 9 Rev.

2009] (b) until the licence is issued or twelve months elapse after the investment certicate is issued, whichever occurs rst, the licence shall be deemed to have been issued, subject to any conditions set out in the Second Schedule or in the investment certicate and subject to the requirement to pay fees under subsection (3).

(3) The holder of an investment certicate shall pay any fees that would be payable under the relevant legislation for the licences set out in the investment certicate in respect of the time period commencing on the day the investment certicate is issued and such fees shall be paid within six months after the issue of the investment certicate.

(4) The entitlement to licences under subsection (2) (a) is for the initial issue of such licences only and following that initial issue the laws under which the licences are issued apply in the same way as they apply to all licences, including, for greater certainty, wit respect to the revocation or renewal of the licences.

(5) The Authority shall facilitate the issue of licences to which the holder of an investment certicate is entitled under this section.

13.

(1) The holder of an investment certicate is entitled to the Entitlement to following entry permits under the Immigration Act: entry permits for expatriates.

(a) three class A entry permits for management or technical staff; and (b) three class H, I or J entry permits for owners, shareholders or partners.

(2) The initial issue of a permit under this section shall be for a two year period.

(3) The holder of the investment certicate is entitled to have a permit under this section reissued upon its expiry or issued to a different employee, owner, shareholder or partner.

(4) The holder of the investment certicate is not entitled to have a permit issued to a person who is a prohibited immigrant within the Cap.

172.

meaning of the Immigration Act.

(5) A permit under this section is subject to a condition that the holder of the permit complies with the laws of Kenya.

10 CAP.

485B Investment Promotion [Rev.

2009 (6) For each permit under subsection (1) the holder of the investment certicate is entitled to the issue of (a) a dependants pass for each dependant of the person to whom the permit is issued; and (b) such re-entry permits as are required in connection with the permit or with the passes under paragraph (a).

(7) Subsections (4) and (5) apply, with necessary modications, with respect to passes or re-entry permits under subsection (6).

(8) An entitlement to a permit or pass under this section is conditional upon (a) application being made for the permit or pass; (b) the applicable fee, if any, being paid; and Cap.

172.

(c) any security deposit or bond required under the Immigration Act being paid or provided.

(9) Notwithstanding subsection (8) (b), no fee is payable for the initial issue of a permit under subsection (1) (b).

(10) If an entry permit described in subsection (1) (a) has already been issued to an employee of the holder of the investment certicate as of the time the investment certicate was issued, that permit shall be deemed to be one of the permits to which the holder of the certicate is entitled under subsection (1) (a).

(11) If an entry permit described in subsection (1) (b) has already been issued to the holder of the investment certicate or an owner, shareholder or partner of the holder as of the time the investment certicate was issued, that permit shall be deemed to be one of the permits to which the holder of the certicate is entitled under subsection (1) (b).

(12) The Authority shall facilitate the issue of permits and passes that the holder of the investment certicate is entitled to have issued under this section.

(13) For greater certainty, nothing in this section limits the issue, Cap.

172.

under the Immigration Act, of other permits or passes in addition to those which the holder of an investment certicate is entitled to have issued under this section.

Investment Promotion CAP.

485B 11 Rev.

2009] part IvKenya Investment authorIty 14.

The Investment Promotion Centre established under the Authority continued Investment Promotion Centre Act is hereby continued as a body corporate as corporate body.

under this Act to be known as the Kenya Investment Authority.

Cap.

485.

15.

(1) The Authority shall promote and facilitate investment in Kenya.

Functions.

(2) In promoting and facilitating investment the Authority shall (a) assist foreign and local investors and potential investors by (i) issuing investment certicates; (ii) assisting in obtaining any necessary licences and permits; (iii) assisting in obtaining incentives or exemptions under the Cap.

470.

Income Tax Act, the Customs and Excise Act, the Value Cap.

472.

Added Tax Act or other legislation; and Cap.

476.

(iv) providing information, including information on invest- ment opportunities or sources of capital; (b) promote, both locally and internationally, the opportunities for investment in Kenya; (c) review the investment environment and make recomm- endations to the Government and others, with respect to changes that would promote and facilitate investment, including changes to licensing requirements; (d) facilitate and manage investment sites, estates or land together with associated facilities on the sites, estates and land; (e) appoint agents within the country and in any other country to carry out certain functions on its behalf, as it may consider necessary; (f) carry out such other activities as, in the Authoritys opinion, will promote and facilitate investment.

16.

(1) The Authority shall have a board with responsibility for Board of Authority.

the overall direction and management of the Authority.

12 CAP.

485B Investment Promotion [Rev.

2009 (2) The board of the Authority shall consist of the following: (a) a Chairman appointed by the President; (b) the managing director of the Authority; (c) the secretary to the Cabinet; (d) the permanent secretaries in the ministries responsible for matters relating to (i) nance; (ii) trade and industry; (iii) agriculture; (iv) lands; (v) local authorities; and (vi) planning; Cap.

517.

(e) the chief executive of the Export Processing Zones Authority under the Export Processing Zones Act; (f) the chief executive of the Export Promotion Council; and (g) six members appointed by the Minister.

(3) A person shall not be appointed as the Chairman or a member under subsection (2) (g) unless he has distinguished himself in the eld of law, economics, commerce, industry or management.

17.

The Chairman or a member appointed under section 16 (2) Term of ofce of Chairman, appointed (g) shall hold ofce for a period of three years and shall be eligible for members.

reappointment.

Resignation of 18.

(1) The Chairman may resign by written resignation addressed Chairman, appointed to the President.

members.

(2) A member appointed under section 16 (2) (g) may resign by written resignation addressed to the Minister.

Removal of 19.

(1) The President may remove the Chairman, and the Minister Chairman, appointed may remove a member appointed under section 16 (2) (g), on a ground members.

set out in subsection (2).

Investment Promotion CAP.

485B 13 Rev.

2009] (2) The grounds referred to in subsection (1) are the following: (a) the Chairman or member is absent without reasonable excuse from three consecutive meetings of the board of the Authority of which he has had notice; (b) the Chairman or member becomes bankrupt; (c) the Chairman or member is convicted of an offence involving dishonesty, fraud or moral turpitude; (d) the Chairman or member is incapacitated by reason of prolonged physical or mental illness from performing his duties as the Chairman or member; or (e) the Chairman or member is otherwise unable or unt to discharge the functions of his ofce.

20.

The Authority shall pay the members of the board of the Allowances of board Authority such allowances and expenses as are determined by the members.

Minister.

21.

(1) The business and affairs of the board of the Authority shall Procedures of the be conducted in accordance with the Third Schedule.

board.

(2) Except as provided in the Third Schedule, the board of the Authority may regulate its own procedure.

22.

The managing director of the Authority shall be the secretary Secretary of board.

of the board of the Authority.

23.

(1) The board of the Authority shall appoint a managing Managing director of director who shall be the chief executive of the Authority and who, Authority.

subject to the directions of the board, shall be responsible for the day to day running of the Authority.

(2) The terms and conditions of employment of the managing director shall be determined by the board of the Authority.

(3) A person shall not serve as the managing director for more than eight years.

24.

(1) The Authority may appoint such other staff in addition to Other staff.

the managing director as the Authority considers advisable.

14 CAP.

485B Investment Promotion [Rev.

2009 (2) The terms and conditions of employment of the staff of the Authority, other than the managing director, shall be determined by the Authority.

Immunity.

25.

No member of the staff of the Authority or member of the board of the Authority or of a committee of the board shall be personally liable for anything done or omitted in good faith under this Act.

part vnatIonal Investment CounCIl Council established.

26.

The National Investment Council is hereby established as an unincorporated body consisting of the following members: (a) a Chairman who shall be the President or a Minister designated by the President; (b) the Ministers responsible for matters relating to (i) nance; (ii) trade and industry; (iii) agriculture; (iv) lands; (v) local authorities; (vi) planning; (vii) tourism and information; and (viii) environment, natural resources and wildlife; (c) the Governor of the Central Bank of Kenya; (d) the chairman of the board of the Authority; and (e) twelve persons appointed by the President to represent the private sector, each of whom has distinguished himself in the eld of law, economics, commerce, industry or management.

Functions.

27.

(1) The functions of the National Investment Council are (a) to advise the Government and government agencies on ways to increase investment and economic growth in Kenya; and Investment Promotion CAP.

485B 15 Rev.

2009] (b) to promote co-operation between the public and private sectors in the formulation and implementation of government policies relating to the economy and investment.

(2) In carrying out its functions under subsection (1) the Council shall (a) monitor the economic environment to identify impediments to investment and economic growth and to propose incentives to promote investment and economic growth; (b) monitor economic development in Kenya to identify areas that may not be beneting from economic development; and (c) consult with persons from both the public and private sectors to obtain views and suggestions for promoting investment and economic development.

part vImIsCellaneous 28.

A person who knowingly submits false or misleading Offence, misleading information to the Authority for the purposes of obtaining an investment Authority, etc.

certicate or obtaining any assistance from the Authority is guilty of an offence and is liable, on conviction, to a ne not exceeding one million shillings or to imprisonment for a term not exceeding two years or to both.

29.

A person who, without lawful excuse divulges information Offence, improperly acquired in the course of acting under this Act is guilty of an offence divulging and is liable, on conviction, to a ne not exceeding one million shillings information acquired or to imprisonment for a term not exceeding two years or to both.

under Act.

30.

(1) The Minister may make regulations generally for the better Regulations.

carrying out of the provisions of this Act.

(2) Without limiting the generality of subsection (1), the Minister may make regulations amending the Second Schedule.

31.

The Investment Promotion Centre Act is repealed.

Repeal of Cap.

485.

32.

(1) A general authority issued under the Investment Promotion General authority, Centre Act before that Act is repealed by section 31 shall be continued etc.

under repealed Act continued.

as an investment certicate under this Act.

(2) An application for a general authority under the Investment Promotion Centre Act before that Act is repealed by section 31 shall be continued as an application for an investment certicate under this Act.

16 CAP.

485B Investment Promotion [Rev.

2009 FIRST SCHEDULE (S.

5) proCedures for ConsIderatIon of applICatIon for Investment CertIfICate 1.

In this Schedule Denition.

working day means a day other than a Saturday, Sunday or public holiday.

Report on application.

2.

(1) Within ten working days after a completed application is received, the Authority shall prepare a written report on the application.

(2) An application shall be deemed to have been received when any clarications or additional information required under section 3(3) are received.

Decision.

3.

Within ve working days after the report on the application is prepared, the Authority shall make its decision with respect to the application.

Notice of decision.

4.

Within ve working days after the decision of the Authority is made, the Authority shall give the applicant a written notice of the decision.

If decision is to refuse 5.

If the Authority decides to refuse to issue an investment to issue certicate.

certicate, the Authority shall (a) prepare written reasons; (b) include, with the notice to the applicant under paragraph 4, a copy of the reasons and a copy of the report prepared under paragraph 2; and (c) give the Minister, within ve working days after the decision of the Authority is made, a copy of the application, a copy of the reasons and a copy of the report prepared under paragraph 2.

Complaint to Minister if decision is late.

6.

(1) If an applicant does not receive a notice of the Authoritys decision under paragraph 4 within twenty-ve working days after the completed application was given to the Authority, the applicant may make a written complaint to the Minister.

(2) The Minister shall investigate a complaint made under subparagraph Investment Promotion CAP.

485B 17 Rev.

2009] (1) and shall, within fteen working days after the complaint was received, inform the applicant of the results of the investigation.

7.

(1) This paragraph applies if an application raises any of the following Special provisions if issues environmental, health or security issues.

(a) an environmental, health or security issue that, in the opinion of the Authority, should be referred to another person or body; or (b) an issue in relation to which the approval or consent of another person or body is required.

(2) If an application raises an issue described in subparagraph (1), the Authority shall refer theissue to the appropriate person or body and shall inform the applicant of that referral.

(3) For the purposes of applying any time periods specied in this Schedule, the time between a referral under subparagraph (2) and the response back from the person or body to which the referral was made, shall not be counted.

8.

The Authority shall liaise with the appropriate authorities for the purposes of determining whether an applicant for an investment certicate is legally entitled to the licences listed in the Second Schedule that are necessary to the investment.

SECOND SCHEDULE (S.12) lICenCes to WhICh the holder of an Investment CertIfICate may Be entItled general 1.

Registration under the Industrial Registration Act.

Cap.

118.

Condition: That registrable particular be submitted within six months after the issue of the investment certicate.

2.

Licence, including a conditional licence, under the Trade Licensing Act.

Cap.

497.

3.

Import licence or export licence under the Imports, Exports and Essential Supplies Act.

Cap.

502.

4.

Registration of premises as a factory under the Factories Act.

Cap.

514.

18 CAP.

485B Investment Promotion [Rev.

2009 Cap.

514.

5.

Approval of plans under section 69G of the Factories Act.

Cap.

265.

6.

Licences under the Local Government Act, including under any by-laws made under that Act.

Cap.

265.

7.

Authority or consent, under the Local Government Act, Cap.

242.

including under any by-laws made under that Act, or under the Public Health Act, to undertake construction of works or premises.

Condition: That the works or premises comply with all design requirements and that the works or premises will not be used until any inspections or certicates required by law are carried out or issued.

No.

6 of 1996.

8.

Development permission under section 33 of the Physical Planning Act, 1996 and a certicate of compliance referred to in section 30(7) of that Act.

Cap.237.

Act.

9.

Registration under an order under the Industrial Training Condition: That registrable particulars be submitted within six months after the issue of the investment certicate.

Cap.404.

10.

Private carriers licence under the Transport Licensing Act.

Cap.496 Act.

11.

Permit to use a standardization mark under the Standards No.

8 of 2002.

12.

Permit required under section 25 of the Water Act, 2002.

Cap.

409.

13.

Licence for a steam vessel under the Lakes and Rivers Act.

No.

8 of 1999.

14.

Environmental impact licence under the Environmental Management and Co-ordination Act, 1999.

hotel Cap.

494.

15.

Hotel licence under the Hotels and Restaurants Act.

Condition: That the certicate of the medical ofcer of health required under section 5(4) of that Act be provided.

Cap.

494.

16.

Hotel managers licence under the Hotels and Restaurants Act for the person specied in the investment certicate.

Cap.

494.

17.

Restaurant licence under the Hotels and Restaurants Act.

Condition: That the certicate of the medical ofcer Investment Promotion CAP.

485B 19 Rev.

2009] of health required under section 5(4) of that Act be provided.

18.

Restaurant managers licence under the Hotels and Restaurants Cap.

494.

Act for the person specied in the investment certicate.

19.

General retail liquor licence and hotel liquor licence under the Liquor Licensing Act.

Cap.

121 restaurant 20.

Restaurant licence under the Hotels and Restaurants Act Cap.

494.

Condition: That the certicate of the medical ofcer of health required under section 5(4) of that Act be provided.

21.

Restaurant managers licence under the Hotels and Restaurants Act for the person specied in the investment certicate.

Cap.

494.

22.

Restaurant liquor licence under the Liquor Licensing Act.

Cap.

121.

sellIng, preparIng food, etC.

23.

Licence under the Food, Drugs and Chemical Substances Act Cap.

254.

to use premises to sell, prepare, store or display for sale, any food.

agrICulturegeneral 24.

Registration under section 22 (6) of the Agriculture Act.

Cap.

318.

pyrethrum groWIng 25.

Licence to grow pyrethrum under the Pyrethrum Act.

Cap.

340.

sIsal Industry 26.

Registration as a grower under the Sisal Act.

Cap.

341.

Condition: That the particulars required under the Sisal Industry (Registration) Rules be submitted within six months after the issue of the investment certicate.

27.

Licence for a factory under the Sisal Act.

Cap.

341.

mIllIng of maIze, Wheat, etC 28.

Millers licence under the National Cereals and Produce Cap.

338.

Board Act.

20 CAP.

485B Investment Promotion [Rev.

2009 tea faCtory Cap.

343.

29.

Manufacturing licence under the Tea Act.

sugar mIll 30.

Licence to operate a sugar mill or a jaggery mill under the No.

10 of 2001.

Sugar Act, 2001.

Coffee dealIng 31.

Licence to buy, sell, mill, warehouse, export or otherwise deal No.

9 of 2001.

in or transact business in coffee under the Coffee Act, 2001.

No.

9 of 2001.

32.

Movement permits under the Coffee Act, 2001.

daIry Industry Cap.

336.

33.

Registration under Part V of the Dairy Industry Act.

Condition: That the particulars required under section 32 of that Act be submitted within six months after the issue of the investment certicate.

Cap.

336.

34.

Dairy manager licence under the Dairy Industry Act for the person specied in the investment certicate.

Cap.

336.

35.

Retail licence under the Dairy Industry Act.

Cap.

242.

36.

Registration of premises as a dairy under the Public Health (Milk and Dairies) Rules under the Public Health Act.

Condition: That the report of the medical ofcer of health required under the Rules be provided.

37.

Licence as a purveyor of milk under the Public Health (Milk Cap.

242 and Dairies) Rules under the Public Health Act.

hIde, sKIn and leather dealIng Cap.

359.

Act.

38.

Buyers licence under the Hide, Skin and Leather Trade Cap.

359.

39.

Exporters licence or importers licence under the Hide, Skin and Leather Trade Act.

Cap.

359.

40.

Registration certicate for premises under the Hide, Skin and Leather Trade Act.

Investment Promotion CAP.

485B 21 Rev.

2009] BaCon faCtory 41.

Bacon factory licence under the Pig Industry Act.

Cap.

361.

42.

Licence to slaughter pigs under the Pig Industry Act.

Cap.

361.

43.

Licence to keep pigs under the Animal Diseases (Control of Pig Diseases) Rules under the Animal Diseases Act.

Cap.

364.

slaughter house 44.

Licence to operate a slaughterhouse under the Meat Control (Local Slaughterhouses) Regulations under the Meat Control Act.

Cap.

356.

Act.

45.

Licence under section 8(1) (a) of the Kenya Meat Commission Cap.

363.

46.

Licence to slaughter pigs under the Pig Industry Act.

Cap.

361.

47.

Licence to keep pigs under the Animal Diseases (Control of Cap.

364.

Pig Diseases) Rules under the Animal Diseases Act.

sterIlIzIng plant 48.

Licence for a sterilizing plant under the Fertilizers and Cap.

345.

Animal Foodstuffs Act.

export of meat or supply of meat to shIps at momBasa Act.

49.

Licence under section 8 (1) (b) of the Kenya Meat Commission Cap.

363.

stoCK tradIng 50.

Stock traders licence under the Stock Traders Licensing Act.

Cap.

498.

fIsherIes Cap.

378.

51.

Certicate of registration of a vessel under the Fisheries Act.

52.

Licence to catch sh under the Fisheries Act.

Cap.

378.

53.

Licence for a foreign shing vessel under the Fisheries Act.

Cap.

378.

22 CAP.

485B Investment Promotion [Rev.

2009 manufaCturIng drugs Cap.

244.

54.

Manufacturing licence under the Pharmacy and Poisons Act.

pharmaCy Cap.

244.

55.

Registration of premises under the Pharmacy and Poisons Act.

pest Control produCts Cap.

346.

56.

Licence for premises under the Pest Control Products Act.

motor vehICle Components or aCCessorIes dealIng Cap.

520.

57.

Licence to deal in motor vehicle components or accessories under the Motor Vehicle Components and Accessories Act.

seCond-hand motor vehICle dealIng Cap.

484.

58.

Licence to carry on business of buying, or selling second- hand motor vehicles under the Second-Hand Motor Vehicles Act.

sCrap metal dealIng Cap.

503.

59.

Licence under the Scrap Metal Act.

puBlIC transport Cap.

404.

60.

Public carriers licence under the Transport Licensing Act.

Condition: That the licence is subject to any conditions that may be attached to the licence under section 8(2) of that Act.

mInIng Cap.

306.

61.

Prospecting right under the Mining Act.

Cap.

306.

lands.

62.

Exclusive prospecting licence under the Mining Act for specied Cap.

306.

63.

Lease under the Mining Act for specied lands.

64.

Consent under section 10 of the Wildlife (Conservation and Cap.

376.

Management) Act for specied lands in a National Park.

Investment Promotion CAP.

485B 23 Rev.

2009] dealIng In preCIous metals 65.

Licence to trade in unwrought precious metals under the Trading Cap.

309.

in Unwrought Precious Metals Act.

dIamond dealIng Act.

66.

Diamond dealers licence under the Diamond Industry Protection Cap.

310.

CInema 67.

Cinema licence under the Films and Stage Plays Act.

Cap.

222.

maKIng of fIlms 68.

Filming licence under the Films and Stage Plays Act.

Cap.

222.

69.

Authorization to make a lm in a National Park under the Cap.

376.

Wildlife (Conservation and Management) Act.

hIre-purChase BusIness 70.

Licence to carry on a hire-purchase business under the Cap.

507.

Hire-Purchase Act.

auCtIoneerIng 71.

Licence under the Auctioneers Act, 1996.

No.

5 of 1996.

THIRD SCHEDULE (s.

21) provIsIons as to the ConduCt of BusIness and affaIrs of the Board of the authorIty 1.

(1) The board shall have at least four meetings in every Meetings.

nancial year and not more than four months shall elapse between one meeting and the next meeting.

(2) Meetings shall be convened by the secretary to the board, on the instructions of the Chairman or upon the requisition of at least ve members of the board.

(3) Unless all the members otherwise agree, at least seven days notice of a meeting shall be given to every member.

24 CAP.

485B Investment Promotion [Rev.

2009 (4) A meeting shall be presided over by the Chairman, or in his absence, by a person elected by the board at the meeting for that purpose.

(5) A member described in paragraph (b), (c), (d), (e) or (f) of section 16 (2) may designate one of the following persons as a representative to attend a meeting of the board in the members absence: (a) the members deputy; or (b) a person who is under the authority of the member and whose rank is the same as or higher than the rank of the members deputy.

Quorum.

2.

Nine members of the board shall constitute a quorum.

Voting.

3.

A decision of the board shall be by a majority of the members present and voting and, in the case of an equality of votes, the person presiding at the meeting shall have a second or casting vote.

Committees.

4.

(1) The board may establish committees and delegate to any such committee such of its functions as it considers advisable.

(2) The board may appoint persons who are not members of a members of a committee established under subparagraph (1).

Rev.

2009] Investment Promotion CAP.

485B 25 SUBSIDIARY LEGISLATION [Subsidiary] THE INVESTMENT PROMOTION (INVESTMENT L.N.

1/2006.

REGISTRATION AND CERTIFICATES) REGULATIONS, 2005 part IprelImInary 1.

These regulations may be cited as the Investment Promotion Citation.

(Investment Registration and Certicates) Regulations, 2005.

2.

In these Regulations, unless the context otherwise requires Denition.

Authority means the Kenya Investment Authority; competent authority means any agency of Government, local authority or any other institution or organization which has the lawful power to issue a licence for an investor in Kenya; investment means the contribution of local or foreign capital by an investor, including the creation or acquisition of business assets by or for a business enterprise and includes the expansion, restructuring, improvement or rehabilitation of a business enterprise; investor means a sole trader, a partnership, a company or other body corporate incorporated under the laws of Kenya or those of a country other than Kenya including a trust or trust corporation; investment certicate means an investment certicate issued under the Act; licence includes a registration, permit, approval or authorization required by law regardless of how it is described.

3.

There is established a committee known as the investment committee Establishment (hereinafter referred to as the Committee) whose function is to review of investment technical applications for investment certicates touching on security, committee.

environment and health.

4.

(1) The Committee shall be composed of the following Composition of the (a) the Managing Director, who shall be the chairperson; Committee.

(b) two persons from the Authority appointed by the Managing Director; (c) one nominee of each relevant authority, as shall be invited by the Managing Director.

(2) The Managing Director shall invite relevant authorities to nominate representatives to the investment committee as and when the need arises.

26 CAP.

485B Investment Promotion [Rev.

2009 [Subsidiary] (3) The Managing Director may designate such other person to chair the Committee on her behalf.

part IIInvestment regIstratIon Application.

5.

(1) A local investor shall register the investment with the Authority in accordance with section 6 subsection (7) of the Act.

(2) An application for registration shall be in Form 1 as set out in the First Schedule.

(3) Upon receipt of the application, the Authority shall issue a registration number to the applicant.

Signing Authority.

6.

All letters and instruments written or made, including but not limited to communications related to registration, shall be signed by an authorized ofcer of the Authority.

part IIIInvestment CertIfICates Application.

7.

A foreign investor who is applying for an investment certicate in accordance with section 3 shall do so in form 2 as set out in the First Schedule.

Signing authority.

8.

All letters and instruments written or made, including but not limited to communications related to the issuance of an investment certicate, shall be signed under the hand of the Managing Director.

Procedure for 9.

The procedure set out in the First Schedule of the Act shall apply consideration of application.

with respect to the consideration of an application for an investment certicate.

10.

The investment certicate shall take the prescribed form as set out Form of Certicate.

in the Second Schedule.

Condition of 11.

(1) An investment certicate shall be subject to conditions specied in these regulations.

Certicate.

(2) An investment certicate shall include such conditions as may be required by any other government body in order to ensure that Kenyan licensing and permitting requirements are satised and such conditions shall address bona de concerns based on laws affecting health, environment and security.

(3) Notwithstanding these conditions, the Authority may also specify other conditions at the time of issuance of the certicate.

Transfer.

12.

(1) An investment certicate may be transferred only with the written approval of the Authority.

(2) A request for such a transfer shall be made in writing to the Authority.

(3) The Authority shall have ve working days to review the transfer request and issue for a response in writing.

Rev.

2009] Investment Promotion CAP.

485B 27 [Subsidiary] (4) When a transfer oa certicate would have health, environmental or security implications, the application will be referred to the investment committee.

(5) An investor who is dissatised with a decision of the Authority may appeal and the procedure set out in section 11 shall apply.

13.

(1) An investment certicate may be amended only with the written Amendment.

approval of the Authority.

(2) A request for an amendment shall be made in writing by an investor to the Authority.

(3) The Authority shall have ve working days to review the request and issue a response in writing.

(4) When an amendment of a certicate would have health, environmental or security implications, the request shall be referred to the investment committee.

(5) An investor who is dissatised with a decision of the Authority may appeal and the procedure set out in section 11 shall apply.

14.

(1) The Authority may revoke an investment certicate on the Revocation.

following grounds (a) that the certicate was issued on the basis of incorrect information given by the applicant; (b) that the investment certicate was obtained by fraud; or (c) that a condition of the investment certicate was breached.

(2) In revoking a certicate, the procedure set out in section 10 shall apply.

(3) An investor who is dissatised with a decision of the Authority to revoke the certicate may appeal and the procedure set out in section 11 shall apply.

28 CAP.

485B Investment Promotion [Rev.

2009 [Subsidiary] FIRST SCHEDULE Form 1.

(r.

5) Application for Registration of Investment Registration Number.

(ofcial use only) Name of Company or Individual Investor:.

Contact Person, if different from above:.

Address of Contact Person:.

Telephone:.

E-mail:.

Country of incorporation, if applicable:.

Date of incorporation, if applicable:.

Proposed approximate investment in Kenya (in Kenya Shillings).

(Please include a total of foreign plus Kenyan funds, projected over the rst two years of the investment, and including all types of nancing) Proposed general location (s) within Kenya of planned business activities:.

.

.

.

(An address of Land Registration Number is ideal, but naming a city or town(s) or district(s) is adequate - please be as specic as possible) Name of existing business, if any.

Nature of proposed investment:.

.

Planned for Kenyan hires: Planned for expatriate hires: Management Management Technical/Professional.

Technical/Professional.

Skilled:.

Total.

Other:.

Total.

Intended sales, beginning in rst year of investment in Kenya: Domestic Units value (Kshs.) Export unit value (Kshs.) Year 1.

.

.

Year 2.

.

.

Year 3.

.

.

I certify that the above information is true and accurate to the best of my knowledge, Rev.

2009] Investment Promotion CAP.

485B 29 [Subsidiary] Name:.

Signature:.

Date:.

To be submitted to: Managing Director, P.O.

Box 55704 - 00200 Nairobi, Kenya Telephone: 221401-4E-mail: info@investmentkenya.com Form 2.

(r.

7) Application for an Investment Certicate (Full and accurate completion of this form will speed up the project approval process) PART IA.

DETAILS OF THE APPLICANT (i) Name of Company/Business.

(ii) Contact Person.

(iii) Address of Contact Person.

Tel.

Fax.

E-mail.

(iv) Type of business Entity.

(Limited Company, Partnership, Etc.) (v) Country of Incorporation.

(v) Dated of Incorporation.

(vi) Indicate whether the company is: (a) New ( ) (b) Operating ( ) (vii) Indicate whether to Manufacture Under Bond (MUB).

(MUB is manufacturing for export only) Yes .No.

30 CAP.

485B Investment Promotion [Rev.

2009 [Subsidiary] B.

PROPOSED LOCATION OF BUSINESS (i) Land Registration Number (L.R.

No.) (ii) Street/Road.

(iii) Town.

(iii) Town.

(iv) District.

C.

COMPANY DIRECTORS Name of Director Nationality Address PART II (i) Nature of activity.

Describe the nature of activity (Project Description).

.

.

(ii) MARKET (Domestic & Export) i.

Indicated expected domestic and export annual market share .% of Total Domestic market.

Export Market.

(iii) Give 5 years projected sales gures (Kshs.

000) Year Domestic sales Export sales Quantity Value Quantity Value (KShs.) (KShs) 1 2004/52 2005/63 2006/74 2007/85 2008/9 Rev.

2009] Investment Promotion CAP.

485B 31 PART III [Subsidiary] (A) EMPLOYMENT DETAILS KENYAN EMPLOYEES NUMBER Management Technical/Professional Skilled Others TOTAL NUMBER EXPATRIATE EMPLOYEES Management Technical/Professional TOTAL (i) Explain need for expatriate employee(s).

.

.

.

PART IV: INVESTMENT AND FINANCING PROGRAMME A.

CAPITAL COSTS (ESTIMATED) Fixed Costs Amount Land & Land Development Plant and Machinery Working Capital Others TOTAL B.

FINANCING PLAN Type of Financing Foreign Local Equity Loan TOTAL 32 CAP.

485B Investment Promotion [Rev.

2009 [Subsidiary] PART V: DECLARATION I hereby certify that the foregoing particulars are correct to the best of my knowledge, Name.

Signature Date.

Indicate Enclosures: 1.

Certicate of Incorporation in Kenya.

2.

Memorandum and Articles of Association 3.

Others.

To be submitted to: MANAGING DIRECTOR P.O.

Box 55704 - 00200 NAIROBI Tel: (254)-(020)-221401-4 Cell: Ofce: 0722 - 205424/0733-601184 E-mail: info@investmentkenya.com Website: www.investmentkenya.com/www.ipckenya.org FOR OFFICIAL USE ONLY 1.

REF NO.

2.

DATE RECEIVED.

3.

RECEIVING OFFICER.

KENYA INVESTMENT AUTHORITY Kenya Investment Authority National Bank Building, 8th Floor, Harambee Avenue P.O.

Box 55704 - 00200 Nairobi, Kenya Telephone: (254 (020) 221401-4 Fax (254) (020) 243862 Ofce Mobile No: 0722 - 205424/0733-601184 E-mail: info@investmentkenya.com Website: www.investmentkenya.com/www.ipckenya.org Rev.

2009] Investment Promotion CAP.

485B 33 [Subsidiary] SECOND SCHEDULE Form 3 (r.10) Investment Certicate This is to certify that:.

With contact person:.

Located at address:.

is the holder of an Investment certicate issued under the Investment Promotion Act 2004 to engage in the following business activity:.

.

.

.

.

.

.

.

.

.

.

.

.

The business activity is expected to be carried out in the following locations:.

.

.

.

.

This certicate constitutes the following licenses, permits, registrations and authorities in so far as they may be required for the purposes of the proposed business activity.

The validity of this certicate is contingent upon the investor and all business activities of the investor in Kenya remaining lawful and in satisfaction of all requirements that normally would attach to all Kenyan licences, permits, registrations and authorities.

The validity of this certicate is also contingent upon the investor paying the application fees for all relevant licences, permits, registrations and authorities within 6 months of the date of issuance, and applying for such licences, permits, registrations and authorities within 12 months.

This certicate is valid for a period of 12 months from the date of issuance or until the relevant permits are granted, whichever comes rst.

Subsequently, each licence, permit, registration and authority shall be applied and renewed in keeping with Kenyan law.

.

.

.

.

.

.

.

.

.

.

.

.

.

34 CAP.

485B Investment Promotion [Rev.

2009 [Subsidiary] The validity of this certicate is contingent upon the investor and all business activities of the investor in Kenya satisfying the following conditions:.

.

.

.

.

.

.

.

.

Date of issuance: Signed:.

Managing Director, Kenya Investment Authority P.O.

Box 55704 - 00200 Nairobi, Kenya Telephone: 221401-4E-mail: info@investmentkenya.com.

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