Guidelines for Returning Residents from LHD Countries
Following the President's directive, returning residents from the Diaspora who reside in countries driving on the Left (LHD) are allowed to import a Right Hand Drive (RHD) replacement vehicle of a similar category duty-free, provided they meet specific criteria.
The National Treasury and the Kenya Revenue Authority (KRA) have developed strict guidelines to implement this directive. Applications are made to the Commissioner of Customs Services.
1. General Eligibility for Returning Residents
Before applying for the LHD replacement facility, you must first qualify as a bona fide Returning Resident by meeting these standard conditions:
- Age Requirement: You must have attained the age of 18 years.
- Residency Duration: You must have resided outside Kenya for a period of at least two (2) years.
- 90-Day Rule (Visits): You should not have resided in Kenya for a total of 90 days or more within the 2 years prior to your final return.
- Import Timeline: The vehicle must be imported within 90 days of your arrival.
- Ownership: The vehicle must be registered in your name (or your spouse's name).
2. Specific Conditions for LHD Countries
Since you cannot import your LHD car (as Kenya is an RHD country), you are allowed to buy a replacement RHD vehicle from a different country (e.g., Japan or UK) duty-free if you meet these additional conditions:
- Proof of Ownership (LHD): You must prove that you owned and used a Left Hand Drive vehicle in your country of residence for at least one year prior to your return.
- Proof of Disposal: You must provide proof of transfer of ownership (sale/disposal) of that LHD vehicle before changing residence.
- Similar Category: The replacement RHD vehicle must be of a similar category to the previously owned LHD vehicle (e.g., in terms of engine rating/CC).
- Household Limit: This exemption applies to only one motor vehicle per returning resident.
3. Replacement Vehicle Standards
The new RHD vehicle you intend to import must meet Kenyan standards (KS 1515:2000):
The 8-Year Rule Applies
Even though it is a replacement vehicle, it must not be more than 8 years old from the year of first registration. It must also undergo a Roadworthiness Inspection (RWI) by QISJ, JEVIC, or ATJ before shipment.
4. Documents Required for Clearance
We will require the following to process your clearance in Mombasa:
- › Original Passport (to verify travel history and 90-day rule).
- › KRA PIN Certificate.
- › Bill of Lading & Export Certificate for the new replacement vehicle.
- › Original Vehicle Registration Document (Logbook) of the old LHD vehicle (or official certified copies) to prove the 1-year ownership history.