If you asked me today to name 10 factors responsible for paucity of foreign investment in Kenya, I would place legal uncertainty on top of the list.
The big question here is the following: If- as a foreigner- you start an undertaking in Kenya today on the strength of what you have read on official government documents including publications such as the World Bank’s “investment climate assessment reports on Kenya’ or Kenya’s ranking on the ‘ease of doing business reports’, can you be sure that the basis on which you make the decision to invest in the country will continue to be the law of the land by the time you start operations three years later?