1 Are there any restrictions on the establishment of a business entity by a foreign licensor or a joint venture involving a foreign licensor and are there any restrictions against a foreign licensor entering into a licence agreement without establishing a subsidiary or branch office?
There are no restrictions on the establishment of business entities by foreign licensors. Only registration, either as a limited liability company or as a business name (sole proprietorship or partnership), is required. This business must not offend the provisions of the Restrictive Trade Practices Monopolies and Price Control Act (chapter 504).
It serves to protect against monopolistic behaviors by businesses. A foreign licensor can enter into a licence agreement with a Kenyan entity without the need to register the foreign licensor as a branch or subsidiary