Registering a branch of a foreign company in Kenya does not create a separate legal entity from the foreign company. Registration is a requirement for all companies incorporated outside Kenya that intend to operate in Kenya as foreign companies.
Branches must have a local representative resident in Kenya, who may be a citizen or a non-citizen. The local representative is answerable for the doing of all acts, matters and things that the company is required to do by or under Companies Act and is personally liable for any penalties imposed on the company for a contravention of, or failure to comply with, the Companies Act.
A Foreign Company is a Company registered outside Kenya, under the laws of that country and given compliance under Kenyan Law to do Business in Kenya.
Companies incorporated outside of Kenya can do business in Kenya by registering a branch. It is a unit that is part of a company that is organized so as to conduct business on behalf of a Parent company, as opposed to carrying on business that is merely ancillary or incidental to the company’s business as a whole.
The parent company is liable for the actions of a branch. An investor could be interested in setting up a new location, division, department under the original company’s name and is still part of that legal entity as an extension to conduct business on behalf of the mother company. In this case, the mother company is not excluded from liabilities incurred at the Branch level.
When making an application, the following information and documents are required to be submitted:
Other requirements in registration of a branch to a foreign company:
If you would like to establish a Branch of a Foreign Company in Kenya, please contact us on firstname.lastname@example.org.