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LEGAL OPINION

ON

HOW TO OBTAIN APROCEDURE AND COSTS OF OBTAINING A WORK PERMIT IN

KENYA

ISSUED TO:

MR. HAMEED BEHESHTI (for Formatted: Font: 11 pt, No underline

BORAL LIGHT GmbH) Formatted: Font: 11 pt

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-in respect of- Formatted: Font: 11 pt
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APPLICATION FOR KENYAN WORK PERMIT BY MR. ABDOLLAH .A. MARZOUGHI.
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(HAMEED BEHESHTI)
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PREPARED BY:
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SICHANGI PARTNERS ADVOCATES Formatted: Font: 11 pt, Bold

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Head Office Sichangi Partners & Associates Network
Sichangi Top Law Centre
31/33 Muthithi, Muthithi Road, Westlands
P.O Box 33223-00600
NAIROBI.
www.sichangi.com Formatted: Font: 11 pt, Bold
services@sichangigroup.com Formatted: Font: 11 pt, Bold
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 Formatted: Font: Book Antiqua

To: MR. HAMEED BEHESHTI (for BORAL LIGHT GmbH)

Date: 20th April, 2018 Formatted: Superscript

Re: Advisory on the Procedure and Costs of Applying for a Work Permit in
Kenya

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1. INTRODUCTION Formatted: BG2 Heading2 Ctrl +num2, Indent: Left: 0",

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1.1. Brief Summary of Facts

Boreal light in association with Value Energy Limited (the “Client”) intend wishes to have Formatted: Font: Book Antiqua
hire Abdollah .A. Marzoughi, a Iranian citizen (the “Employee”) a foreign employee. The said Formatted: Font: 11 pt

‘Employee’who has been in Kenya on a student VISA for the last four (4) years to work for Formatted: Font: 11 pt, Not Bold

“Water Kiosk”.. In order to take on the engagement and work lawfully in Kenya, he needsHe Formatted: Font: 11 pt

would like to obtain a work permit. and work for “water kiosk”. Formatted: Font: Book Antiqua
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The Client has therefore requested Sichangi Partners & Associates Network LLP (“SPAN”) to Formatted: Font: 11 pt
provide advice on the procedure and costs of applying for a work permit in Kenya.

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1.2. SCOPE

Our opinion below is based on our understanding of your concern as above. In particular this
opinion will cover the following legal issues:-

(a) Identification of class of work permit required for the employee ; Formatted: Font: 11 pt
(b) Requirements for the permit; Formatted: Font: 11 pt
(c) How to apply for the permit; and Formatted: Font: 11 pt
(c)(d) Costs of the process. Formatted: Font: 11 pt

2. APPROACH
In giving this opinion, we have considered the provisions of:-

(a) Kenya Citizenship and Immigration Act, 2011

Section 34 states that:

(2)Subject to the provisions of this section, the presence in Kenya of any person who
is not a citizen of Kenya shall, unless otherwise authorized under this Act, be
unlawful, unless that person is in possession of a valid work permit or a valid
residence permit or a valid pass.

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 Section 45 states the duties and obligations of employers as:

(2)It shall be the duty of every employer to apply for and obtain a work permit or a
pass conferring upon a foreign national the right to engage in employment before
granting him employment and it shall be presumed that the employer knew at the time
of the employment that such person was among those referred to in subsection (1).

(b) Kenya Citizenship and Immigration Regulations 2012

(c) Permits and Passes checklist

3. THE OPINION

3.1. Identification of class of work permit required for water kiosk

Work permits are issued to non-Kenyans wishing to engage in employment whether in

gainful employment or voluntary service and are categorised as such in the classes provided
for under.

The work resident permit issued by the department of immigration is divided into class A to
M inclusive. They are issued under the Seventh Schedule of the Kenya Citizenship and
Immigration Regulations, 2012.

We advise that Class D would be the most suitable for this case since it is issued to a person
who is offered specific employment by a specific employer who is qualified to undertake that
employment. Commented [PK1]: Alex, I think that it is better to give the
client specific information to avoid issuing a long opinion which will
be cumbersome to read.
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Class D: Employment
A person who is offered specific employment by a specific employer, the government of
Kenya or any other person or authority under the control of the Government or an approved
technical aid scheme under the United Nations Organization or some other approved Agency
(not being an exempted person under section 34(3), who is in possession of skills or
qualifications that are not available in Kenya and whose engagement in that employment will
be of benefit to Kenya.

3.2. Requirements for the permit

 Duly certified copies of academic and professional certificates

 Curriculum vitae
 Duly filled and signed application Form 27

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  Name of Kenyan understudy (please note it is a requirement to have a Kenyan
understudy to whom the applicant’s knowledge is to be transferred during their
period of service.)
 Certified copies of academic certificates and full contacts of the understudy:- address,
email, cell phone
 Curriculum vitae of the understudy
 Certificate of registration of the employing entityorganization
 Clearance letter from relevant institutions Commented [PK2]: Please specify institutions applicable to this
particular case for clarity
 Processing fees non- refundable (Kshs. 10,000)
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 Phone number of the understudy
 Email address of the understudy
 Passport photo of the understudy (soft copy and hardcopy (3)) Commented [PK3]:
•Evidence that the organization failed to fill the vacancy from
the local labor market.
3.3. Application for the permit •Form 25 dully filled, signed and sealed by the company.

Also request details required for Form 25 to be filled: see

Registration is done through the eCitizen portal where we will create an account for you. immigration website

It then takes between five and 20 calendar days for your permit to be ready. Formatted: Font: 11 pt

NOTE: According to the Ninth Schedule of the Subsidiary Legislation on the Kenyan
Citizenship and Immigration Act, there is a Kshs. 200,000/= issuance fee charged for every
year or part of yearpaid annually. This fee will be payable immediately upon approval of the
application. Commented [PK4]: Create a section on our proposed fees?
Disbursements?
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4. Way Forward

In light of the foregoing, we shall await your further instructions on whether we can make a
formal application on your behalf.

5.4. Benefit

This opinion is limited to the matters stated herein and does not extend to and is not deemed
to be extended by implication to any other matter. This opinion speaks only as of its date and
is given solely for your benefit in connection with the matter herein.

6.5. Conclusion

We trust that the foregoing is clear and suffices, for your purposes. However, if should you
require any clarification or further assistance, please do not hesitate to contact us.

DATED THIS DAY OF

2018

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For and On Behalf of Sichangi & Co. AdvocatesIssued by:

____________________________________________________

Pansy C. KOECH
LAWYER
pkoech@sichangigroup.com Formatted: Font: Book Antiqua
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Reviewed by:

_____________________________________________________

George N. SICHANGI
CEO & SENIOR PARTNER Formatted: Font: 11 pt
mzg@sichangigroup.com Formatted: Font: Book Antiqua
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