Import / Export Licence Application (Kenya)

An Import / Export Licence Application in Kenya submits the applicant's details to the relevant authority for the approval it seeks.

The Import and Export (Control) Act Cap. 502 applies in concert with a web of sector-specific statutes that impose additional licensing requirements for particular goods. The Kenya Bureau of Standards (KEBS), established under the Standards Act Cap. 496 and now operating under the Standards Act No. 18 of 2012, administers the Pre-Export Verification of Conformity (PVoC) programme requiring that goods imported into Kenya comply with Kenya Standards (KS) and carry a Certificate of Conformity issued by an approved verification agent in the country of origin before shipment. Goods that arrive without a valid CoC are held at the port of entry pending inspection, attracting warehouse charges and demurrage at the Kenya Ports Authority (KPA) facilities at Mombasa, Nairobi Inland Container Depot (ICD), or Kisumu port.

The Kenya Plant Health Inspectorate Service (KEPHIS), established under the Kenya Plant Health Inspectorate Service Act No. 54 of 2012, regulates the import and export of plants, plant products, seeds, and agricultural produce. All consignments of plant-based goods require a KEPHIS import permit before shipment and a phytosanitary certificate from the exporting country's national plant protection organisation. KEPHIS inspects consignments at ports of entry and may fumigate, treat, or destroy goods that pose a plant health risk under the Plant Protection Act Cap. 324.

The Pharmacy and Poisons Board (PPB), now succeeded by the Kenya Medical Supplies Authority (KEMSA) and the Pharmacy and Poisons Board operating under the Pharmacy and Poisons Act Cap. 244, regulates the import and export of pharmaceutical products, medical devices, and controlled substances under the Narcotic Drugs and Psychotropic Substances (Control) Act No. 4 of 1994. Any person wishing to import or export medicines, medical devices, or scheduled substances must hold a valid PPB import or export permit in addition to any licence under Cap. 502.

The Kenya Revenue Authority (KRA), through its Customs and Border Control Department, administers Kenya's customs laws under the East African Community Customs Management Act 2004 and the East African Community Customs Management Regulations 2010. Import duties, excise duties, and Value Added Tax on imported goods are assessed and collected by KRA Customs at the port of entry. A valid import licence under Cap. 502 is a prerequisite for KRA Customs clearance for goods in controlled categories. The KRA's TradeNet Kenya Single Window System (formerly known as the Kenya Electronic Single Window System, KESWS) integrates the import/export licence, customs declaration, and agency clearance processes into a single electronic platform.

The East African Community Common Market Protocol and the African Continental Free Trade Area (AfCFTA) agreement, which Kenya has ratified, progressively reduce tariff and non-tariff barriers on goods traded within the EAC and continental Africa. However, the Import and Export (Control) Act Cap. 502 continues to apply as the domestic legal basis for licensing requirements on sensitive goods categories including arms and ammunition, radioactive materials, endangered species regulated under the CITES Convention, and goods subject to international sanctions under UN Security Council Resolutions implemented by Kenya.

The African Continental Free Trade Area (AfCFTA), which Kenya ratified and which entered into force on 1 January 2021, progressively eliminates tariffs on 90% of goods traded among African Union member states. For exports to AfCFTA member states, Kenyan exporters may benefit from preferential tariff rates by obtaining a Certificate of Origin under the AfCFTA Rules of Origin from the Kenya National Chamber of Commerce and Industry (KNCCI) or an authorised issuing body. This certificate must accompany the export licence application and the export declaration filed through KRA TradeNet Kenya. The Kenya Revenue Authority Authorised Economic Operator (AEO) programme, administered under the East African Community Customs Management Act 2004 and WCO SAFE Framework standards, grants certified importers and exporters expedited customs clearance, reduced examination rates, and priority processing at all Kenyan ports. AEO certification requires the trader to demonstrate a track record of compliance with customs laws, including timely filing of declarations and payment of all customs duties. Traders who frequently apply for import or export licences under Cap. 502 should pursue AEO status to reduce their overall compliance burden and port dwell time at Kenya Ports Authority (KPA) facilities in Mombasa. The Standard Gauge Railway (SGR) operated by Kenya Railways provides dedicated freight trains from Mombasa Port to the Nairobi Inland Container Depot (ICD), significantly reducing transit time and road congestion for licence holders with regular import volumes routed through the Nairobi ICD. The Kenya Trade Facilitation Programme under the WTO Trade Facilitation Agreement, which Kenya ratified in 2015, continues to streamline import and export licence processing timelines at MITI and all sector regulatory bodies.

A Kenya Import/Export Licence Application under the Import and Export (Control) Act Cap. 502 is required in the following circumstances.

An Import Licence Application is needed when a Kenya-based trader, manufacturer, or retailer wishes to import goods that fall within a controlled category specified by the Cabinet Secretary under Section 4 of Cap. 502. As at the date of publication, controlled import categories include: agricultural chemicals and pesticides (requiring additional clearance from the Pest Control Products Board under the Pest Control Products Act Cap. 346); pharmaceutical products (requiring PPB import permit); food products (requiring clearance from the Kenya Food and Drugs Authority if applicable and KEBS conformity certification); construction materials including cement and steel (subject to KEBS standards verification); electrical goods and electronics (subject to KEBS pre-export verification); and motor vehicles (subject to Kenya Revenue Authority age-limit rules and KBS certification).

An Export Licence Application is required when a Kenya exporter wishes to export goods that are subject to export controls — including raw hides and skins (subject to an export ban to encourage domestic leather industry development), raw timber (subject to Kenya Forest Service export restrictions under the Forest Conservation and Management Act No. 34 of 2016), minerals and mining products (requiring a mining licence and export permit under the Mining Act No. 12 of 2016), and endangered species or wildlife trophies (requiring Kenya Wildlife Service permits under the Wildlife Conservation and Management Act No. 47 of 2013 and CITES documentation).

An Import/Export Licence Application is needed when a trader participates in the East African Community trade corridor and requires documentation for goods transiting through Kenya to Uganda, Rwanda, Burundi, South Sudan, or Tanzania under the Northern Corridor Transit and Transport Agreement.

The licence application is required when a trader applies for duty remission, tariff rebate, or export promotion incentives under the Export Processing Zones Authority (EPZA) Act Cap. 517 or the Special Economic Zones Act No. 16 of 2015, since the licences form part of the qualifying documentation for incentive schemes administered by the Kenya Investment Authority (KenInvest) and EPZA.

An Import/Export Licence Application is required when a Kenya manufacturer participates in the Export Processing Zone (EPZ) scheme under the Export Processing Zones Authority Act Cap. 517. EPZ enterprises enjoy exemption from import duty and VAT on raw materials and equipment, but the exemption only applies to goods imported under a valid EPZ import licence issued through the Export Processing Zones Authority (EPZA) and cross-referenced with the KRA TradeNet customs entry. Manufacturers operating in Special Economic Zones (SEZs) under the Special Economic Zones Act No. 16 of 2015, administered by the Special Economic Zones Authority (SEZA), must similarly obtain import licences for goods brought into the SEZ under the applicable duty-free provisions. An Import Licence Application is needed when a Kenya trader imports goods under the Duty Remission Scheme administered by the EAC Secretariat and implemented by KRA, allowing manufacturers to import raw materials at reduced or zero duty rates for local manufacturing provided they obtain KRA approval. An Export Licence is required when a Kenya-based mining company applies for a Mineral Export Permit under the Mining Act No. 12 of 2016 administered by the State Department for Mining. The Mineral Export Permit application must be cross-referenced with the Cap. 502 export licence, and both documents presented to KRA Customs at the port of export. The Cabinet Secretary for Mining has powers under the Mining Act to restrict or prohibit the export of minerals designated as strategic resources, including rare earth elements critical to battery and semiconductor manufacturing.

A Kenya Import/Export Licence Application under the Import and Export (Control) Act Cap. 502 must contain the following essential elements.

Applicant Identification: Full legal name of the applicant (individual or company), Kenya National Identity Card number or company registration number from the Business Registration Service (BRS), KRA PIN (mandatory for all trade transactions processed through KRA TradeNet Kenya), physical address, postal address, telephone number, and email address. For companies, the Certificate of Incorporation, CR12 showing current directors, and a board resolution authorising the application must be attached.

Goods Description and HS Code: A precise description of the goods to be imported or exported, including the Harmonised System (HS) code under the East African Community Common External Tariff (CET) — a 6- to 8-digit classification code used by KRA Customs and required for all import and export declarations. The HS code determines the applicable import duty rate, VAT treatment, and whether sector-specific licences are required. Incorrect HS code classification is a customs offence under the East African Community Customs Management Act 2004.

Quantity and Value: The quantity of goods (in units, weight in kilograms, or volume in litres as appropriate), the unit price in the currency of the transaction, the total value of the consignment in both the transaction currency and Kenya Shillings (KES), and the Incoterms (e.g. FOB Mombasa, CIF Nairobi) applicable to the transaction under the ICC Incoterms 2020 rules.

Country of Origin and Destination: For imports, the country of origin of the goods (relevant for preferential duty rates under EAC, COMESA, or AfCFTA), the country of export, and the port of entry into Kenya. For exports, the country of destination and the port of exit from Kenya. The country of origin determines eligibility for any preferential tariff treatment and triggers additional certificate of origin requirements.

Sector-Specific Clearances: Details of all sector-specific licences, permits, or certificates required alongside the Cap. 502 licence — KEBS Certificate of Conformity number, KEPHIS import permit number, PPB import permit number, PCPB certificate number, or any other regulatory clearance. Attaching copies of these sector clearances to the application accelerates processing by the MITI Directorate of Trade.

Declaration: A signed declaration by the applicant or authorised representative confirming that the information provided is accurate, that the goods comply with all applicable Kenya standards and regulations, and that the applicant undertakes to comply with any conditions attached to the licence. The forms-legal.com Kenya Import/Export Licence Application template is formatted for compatibility with the KRA TradeNet Kenya Single Window System and includes the HS code lookup reference table for the most commonly traded goods categories under the EAC Common External Tariff.

Customs Entry and Payment Process: Once the import licence is issued by MITI, the importer's licensed customs clearing agent files the Import Declaration Form (IDF) through KRA TradeNet Kenya, generates a customs entry, and receives an assessment of import duty, excise duty, and VAT. Payment is made through KRA-approved banks or via KRA eCitizen before goods are released from the port. The Kenya Ports Authority (KPA) charges container handling fees, storage fees, and port charges separately. Importers must coordinate the licence, customs entry, and port clearance to avoid demurrage — KPA imposes demurrage at progressive daily rates after the free storage period of typically 4 days for imports at Mombasa Port expires. Country of Origin Certificates: For goods qualifying for preferential duty treatment under the EAC Common Market Protocol, COMESA trade agreement, or AfCFTA, the importer must obtain a Certificate of Origin from the competent authority in the exporting country. Common forms include: Form A for GSP; COMESA Certificate of Origin Form CO; and the EAC Certificate of Origin. These certificates must be attached to the import licence application to support a claim for preferential tariff treatment at KRA Customs. Post-Clearance Audit Risk: KRA Customs conducts post-clearance audits of importers and exporters under the East African Community Customs Management Act 2004. Import licences, sector clearances, and all supporting documentation must be retained for a minimum of 5 years under Section 23 of the Tax Procedures Act No. 29 of 2015. The forms-legal.com Kenya Import/Export Licence Application template is formatted for compatibility with the KRA TradeNet Kenya Single Window System and includes an HS code lookup reference for the EAC Common External Tariff. Licence Conditions and Compliance Monitoring: The Ministry of Investments, Trade and Industry (MITI) may attach conditions to an import or export licence issued under the Import and Export (Control) Act Cap. 502 — for example, restrictions on the end use of imported goods, requirements to submit post-shipment reports, or obligations to notify MITI of any changes to the consignment details. The licence holder must comply with all conditions or risk suspension or revocation of the licence under Section 6 of Cap. 502. MITI conducts periodic compliance reviews of licence holders, and repeated non-compliance may result in the trader being blacklisted from obtaining future licences.