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Special Economic Zones Act

34. Rights of special economic zone enterprises

Edition: 2026-05-15 · In force

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34. Rights of special economic zone enterprises

A licensed special economic zone enterprise shall enjoy—
(a)the full protection of its property rights against all risks of nationalization or expropriation;
(b)the right to fully repatriate all capital and profits, without any foreign exchange impediments;
(c)the right of protection of industrial and intellectual property rights, in particular patents, copyrights, business names, industrial designs, technical processes and trademarks;
(d)the right to admit into the special economic zone for which it is licensed, to export and sell in the customs territory all classes or kinds of goods and services in accordance with the custom laws of the East African Community;
(e)the right to transact and carry on business with a non-special economic zones enterprise;
(f)the right to transact and carry on business with non-special economic zone enterprises;
(g)the right to contract with any other enterprise, to buy, sell, lease, sub-let or otherwise exercise, manage, or transfer land or buildings within a special economic zone, subject to the said enterprise's own property rights;
(h)the right to contract with any other enterprise, to buy, sell, lease, sub-let or otherwise exercise, manage or transfer land or buildings within a special economic zone subject to the provisions of the East African Community Customs Management Act, 2004 (No. 1 of 2005), and applicable regulations in respect of the activities of such enterprise within the special economic zone;
(i)the right to determine the prices of any of its goods or services sold inside or outside the special economic zone for which it is licensed;
(j)the benefits in the national context of an open, free, competitive investment environment including the right to freely engage with the special economic zone for which it is licensed in any business, trade, manufacturing or service activity not prohibited by this Act; and
(k)all other rights and benefits granted to licensed special economic zones enterprises under this Act.
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Source: Kenya Law