INVESTMENT POLICY

The Kenya Constitution provides a guarantee against expropriation of private property. Expropriation may only occur either for security reason on public interest, where upon fair and prompt compensation is guaranteed.

Under the Foreign Investment Protection Act (FIPA) foreign investors can repatriate capital and profits. To be eligible for FIPA guarantees, investors should obtain a certificate of Approved Enterprises from the Ministry of Finance. The Act also protects foreign Guarantee Agency (MIGA)

A trade licence is required for anybody who wants to undertake any business within the country. However, the key reforms that the Government has carried out include the abolishment of export and import licensing except for a few items listed in the imports, exports and essential supplies Act (Cap 502), revocation of all export duties and rationalization and reduction of import tariffs. There is no law to regulate privatisation.

The Laws of the country have provisions for the dispute resolution. In mining, the Mining Act Cap 306 of the laws of Kenya has provisions for solving mining disputes.

Kenya is also a member of the International Centre for the Settlement of Investment Disputes (ICSID).