Appoint your local representative (branch) or local directors (subsidiary)
Both structures require a Kenyan presence — the only question is what form it takes.
Branch — local representative
At least one local representative who is ordinarily resident in Kenya. They accept legal notices and are jointly liable for compliance failures. Pick carefully — a lawyer, accountant, or trusted advisor is usually better than a random employee.
Subsidiary — local director(s)
At least one natural-person director. There's no legal requirement that they be Kenyan, but in practice a Kenyan-resident director makes banking, KRA, and immigration smoother. Many foreign companies appoint a nominee director through their corporate services firm for the first 12 months.
Whoever you appoint needs an indemnity letter from the parent, a service agreement spelling out their duties, and ideally directors & officers (D&O) insurance. They are carrying personal legal risk on your behalf.
The information in this guide is provided for general guidance only and is subject to change. Fees, timelines, and regulatory requirements in Kenya are updated regularly. Before acting, please confirm details with the relevant authority (KRA, eCitizen, BRS, county government, or other regulator) or speak with a qualified MyBiashara advisor. MyBiashara is not liable for decisions made solely on the basis of this content.
