This measure aims to enforce strict compliance with existing immigration laws. Employers and foreign nationals should plan for the mandatory exit requirement, associated timelines, and additional costs when managing terminations, employer changes, or recruitment strategies involving foreign workers.
The Department of Immigration Services (DIS) of Kenya implemented an internal directive (not subject to Gazette publication) in December 2025 to strictly enforce the provisions of the Kenya Citizenship and Immigration Act. The directive relates to the mandatory cancellation of work permits and the requirement for the permit holder to exit the country when terminating employment, changing employer, or engaging in employment other than the employment with respect to which the permit was issued.
Under Kenyan law, the employer must notify immigration authorities and cancel the work permit within 15 days of the end of an employment relationship. Once the cancellation is effected, the permit holder is required to depart Kenya. Failure by either the employer or the employee to comply may result in penalties under the law.
Previously, some individuals have chosen to stay in-country or re-enter as visitors while awaiting approval of a Special Pass under the new employer before submitting a new work permit application. Under the new Directive, permit cancellations will only be processed upon submission of a copy of the permit holder’s exit flight ticket and evidence of departure from Kenya (e.g. exit stamp). New Special Pass and Work Permit applications will not be processed until the previous permit has been formally cancelled and proof of exit from Kenya has been provided.
As Special Pass applications are generally processed within a short timeframe, it is recommended that individuals exit Kenya for approximately two weeks, which should allow sufficient time for the new employer to obtain Special Pass approval prior to re-entry.
This immigration update is for informational purposes only and is not a substitute for legal or scenario-specific advice. Furthermore, it is important to note that immigration announcements are subject to sudden and unexpected changes. Readers are encouraged to reach out to Newland Chase for any case- or company-specific assessments.
