Someone in Kenya can get most Indian legal work done remotely. As far as we know, the Apostille Convention is not in force between Kenya and India, so documents are signed before a Kenyan notary, authenticated by Kenya's foreign ministry and attested by the High Commission of India in Nairobi; check current status before you start. Kenyan judgments are not executable directly in India, so a fresh suit is needed. India and Kenya have a tax treaty.
- Document route
- Kenyan notary, foreign ministry authentication, then Indian High Commission attestation
- Time difference
- IST is 2h30 ahead of Kenya all year (no daylight saving)
- Foreign judgments in India
- Not reciprocating: fresh suit
- Apostille with India
- Not in force as far as we know: consular attestation (check current status)
Kenyan Asians, Indian businesses and trade with India
Indians came to Kenya in large numbers from the 1890s, first as workers on the railway from Mombasa and then as traders, artisans and civil servants, mostly from Gujarat and Punjab, along with Goan families. Many left after independence, but a substantial community remains, recognised in 2017 as one of Kenya's official communities. Families often hold Kenyan, British or Indian citizenship in different combinations, and many still own property in Gujarat or Punjab.
Trade is the other strand. Kenya imports pharmaceuticals, vehicles, machinery and textiles from India, and Kenyan companies set up Indian subsidiaries or sourcing offices. The matters we see most are company registration, trade contracts, recovery of money from Indian suppliers or buyers, wills and inheritance, OCI for Kenyan citizens of Indian origin and repatriation of funds when Indian property is sold.
Signing and legalising documents in Kenya
As far as we know, Kenya has not joined the Hague Apostille Convention in a way that brings it into force with India, so documents going from Kenya to India follow the consular attestation route. Check the current position before you start, because accessions do happen. The route is:
- Sign before a Kenyan notary public, an advocate commissioned under the Notaries Public Act, with your passport.
- Have the notary's signature authenticated by Kenya's Ministry of Foreign Affairs in Nairobi.
- Have the document attested by the High Commission of India in Nairobi.
- Courier the original to India for stamping within three months of receipt.
Indian citizens may be able to sign directly before a consular officer at the High Commission, which skips the first two steps. Kenyan company documents, such as the certificate of incorporation and the CR12 issued by the Business Registration Service showing directors and shareholders, are certified and then follow the same route.
Most requested services from Kenya
These are the six services Kenyan clients ask us for most often. Each page explains how the work runs from Nairobi, Mombasa or Kisumu, from the notary and attestation steps to the Indian registrar, court or bank.
Company Setup for Foreigners
Kenyan companies set up Indian subsidiaries and sourcing offices to deal directly with Indian manufacturers.
Commercial Contracts
Imports of pharmaceuticals, vehicles and machinery from India need contracts that can be enforced in India.
Money Recovery from India
Kenyan importers who paid advances and exporters who were not paid need practical ways to recover money in India.
Wills & Probate
Kenyan Asian families with assets in Gujarat or Punjab need wills that work in Indian courts.
OCI Card Issues
Kenyan citizens of Indian origin want OCI for easy travel and property rights in India.
Repatriation of Funds
Families selling inherited Indian property want the proceeds moved lawfully to Kenya.
The India and Kenya tax treaty, and moving money
India and Kenya have a comprehensive double taxation agreement, revised in recent years. A Kenyan tax resident claiming treaty rates on Indian dividends, interest, royalties or fees needs a certificate of residence from the Kenya Revenue Authority and must file Form 10F in India. Kenyan businesses receiving payments from India should check that the Indian payer has deducted tax at the treaty rate rather than the higher domestic rate.
On the Indian side, NRIs living in Kenya can repatriate up to USD 1 million per financial year from NRO accounts, including sale proceeds of property, with Forms 15CA and 15CB. A Kenyan citizen of Indian origin who inherited property in India can also repatriate within that limit. Our page on repatriation of funds from India explains the documents banks ask for, and why tax clearance on the Indian side should be organised before the sale is completed.
Kenyan judgments, family matters and succession
Kenya is not a reciprocating territory under section 44A of the Code of Civil Procedure. A Kenyan money judgment against an Indian party can only support a fresh suit in India, where the defendant may raise the objections in section 13. For trade relationships, an arbitration clause with a seat whose awards India recognises under the New York Convention route is usually a better protection than relying on Kenyan courts. Check that the seat is notified by India under section 44 of the Arbitration and Conciliation Act.
Succession is governed in Kenya by the Law of Succession Act, and grants of probate or letters of administration are issued by the Kenyan courts. Those grants do not extend to property in India. Heirs need an Indian grant, a succession certificate or mutation, depending on the asset. A Kenyan divorce decree is recognised in India only if it satisfies the tests in Y. Narasimha Rao v. Y. Venkata Lakshmi, which ask whether the ground is one recognised by the law under which the parties married.
Practical points for clients in Kenya
Nairobi is two and a half hours behind India all year, so a call at 10 am in Nairobi is 12.30 pm in Mohali, and the whole Kenyan working day overlaps with ours. Courier from Kenya to North India takes about four to seven working days, and we always review scans first.
The attestation route takes longer than an apostille, typically one to three weeks across the two offices in Nairobi, so start early when deadlines are tight. Indian courts increasingly allow video hearings, which helps Kenyan parties in commercial disputes, but evidence may still need to be recorded in person or before a commissioner. For trade disputes, keep invoices, bills of lading, emails and bank transfer records together from the start, because these are what an Indian court or arbitrator will rely on.
All services for clients in Kenya
NRI Property Law
- Property Disputes
- Encroachment & Illegal Possession
- Partition of Family Property
- Buying & Selling Property
- Title Search & Due Diligence
- Tenant Eviction
- Builder Delay & RERA
Inheritance & Documents
Cross-Border Family Law
- Divorce for NRIs
- International Child Custody
- Maintenance & Alimony
- Marriage Registration
- 498A & Dowry Case Defence
- OCI Card Issues
Doing Business in India
- Company Setup for Foreigners
- Indian Subsidiary Setup
- Branch & Liaison Office
- FDI & FEMA Compliance
- Trademark Protection in India
- Commercial Contracts
- Employment Law for Foreign Employers
- GST for Foreign Businesses
- Investing in Indian Startups
- Legal Advisory for NRI Investors
Disputes & Enforcement
- International Arbitration
- Enforcing Foreign Judgments
- Money Recovery from India
- Shareholder Disputes & NCLT
- Accident Compensation Claims
- Cyber & Investment Fraud
- Criminal Defence & Look Out Circulars
Cross-Border Tax & Money
Indian missions in Kenya
The High Commission in Nairobi provides passport, visa, OCI and attestation services in Kenya.
- High Commission of India, Nairobi
Frequently asked questions
Is a Kenyan apostille accepted in India?
As far as we know, the Apostille Convention is not in force between Kenya and India, so Kenyan documents use consular attestation through the foreign ministry and the Indian High Commission. Check current status before starting.
Can a Kenyan court judgment be enforced in India?
Not directly. Kenya is not a reciprocating territory, so the judgment holder files a fresh suit in India on the judgment, subject to the objections in section 13.
Is there a tax treaty between India and Kenya?
Yes. Kenyan residents can claim treaty relief on Indian income with a KRA certificate of residence and Form 10F.
Can a Kenyan citizen of Indian origin get OCI?
Yes, if a parent, grandparent or great-grandparent was an Indian citizen on or after 26 January 1950, or eligible to be. Many Kenyan Asian families qualify through post-independence migrants.
Can a Kenyan company own an Indian company?
Yes, in most sectors under the automatic route. The Kenyan company's documents, including the CR12, are attested and filed with the Indian registrar.
How do I recover money from an Indian supplier who did not deliver?
Start with a legal notice and evidence of payment. Depending on the amount and contract, options include a commercial suit, arbitration or insolvency proceedings.
Can I move sale proceeds of inherited Indian property to Kenya?
Yes, up to USD 1 million per financial year from an NRO account, with tax paid and Forms 15CA and 15CB.
Do I need to travel to India?
Usually not. Most work is done through attested documents and video calls; property registrations and evidence in contested cases may need travel.