The Government appears to be on a damage control mechanism following the attacks meted out to Burundian nationals after President William Ruto gave a directive on foreign nationals operating illegally in the country.
The Government has issued a 90-day notice in which every foreign national conducting business in Kenya is required to comply with applicable immigration, work permit, registration and licensing requirements in what appears to be backtracking on its earlier crackdown order.
The Government Spokesman Hussein Mohammed has come to the defence of the President even as Tana River Senator Danson Mungatana, who is the Head of Kenya Delegation to the Pan-African Parliament, condemns the recent anti-Burundi sentiments reported in the country.
“Accordingly, the President directed that the Local Content Bill 2025, which is currently before the National Assembly before expanded to establish a clear, fair and predictable framework governing participation in small-scale trade and enterprises,” said Mohammed.
Mungatana, who addressed Journalists at Parliament Buildings, said that Kenya must not become a country where fellow Africans are harassed, intimidated or targeted because of their nationality, terming the matter as touching on the very foundation of the Pan-African project.
The Tana River Senator called on the Ministry of Interior and National Administration and the relevant national security agencies to act swiftly and decisively, stating that Kenya should not allow organised xenophobia, ethnic hostility or incitement against fellow Africans to take root.
“The relevant government authorities should establish the facts surrounding the reported incidents and identify those individuals who have organised, incited, threatened, harassed or participated in unlawful actions against Burundian nationals,” said Mungatana.
He said the National Intelligence Service and National Police Service should assist in identifying organisers and instigators and those reasonably suspected of criminal conduct should be investigated and, where evidence warrants, brought before the appropriate authorities and courts of law.
Mungatana said the government must also ensure that any enforcement of immigration or business regulations is carried out professionally, lawfully, fairly and without discrimination, terming what happened to Burundian nationals conducting lawful business in our country as unacceptable.
He said that the Constitution of Kenya provides that every person is equal before the law and has the right to equal protection and equal benefit of the law, with Article 28 protecting the inherent dignity of every person, while Article 29 protects every person against arbitrary deprivation of liberty and violence from public or private sources.
“Where a Burundian national is lawfully operating a business, complying with the applicable immigration, employment, tax and licensing requirements, no individual or group has the right to take the law into their own hands, intimidate that person, forcibly remove them from their business premises or destroy their livelihood,” said Mungatana.
He said that he recently moved a motion before the Pan-African Parliament calling for stronger measures to prevent and eliminate xenophobic violence against African nationals in South Africa, with the motion grounded in a simple principle: ‘an African is an African, whether that African is in Nairobi, Johannesburg, Bujumbura, Accra, Lagos or anywhere else on our continent’.
The Tana River Senator said that it would therefore be completely contradictory for us to condemn xenophobia when it happens to Kenyans or other Africans abroad, while remaining silent when fellow Africans face hostility here in Kenya.
“During the recent Pan-African Parliament debate, members reaffirmed that violence, intimidation and discrimination against fellow Africans are incompatible with Pan-Africanism, Ubuntu and the vision of an integrated continent,” said Mungatana.
He said that Kenya is a committed participant in the African Continental Free Trade Area (AfCFTA) and was among the first countries to ratify the Agreement and that our country has also been a pioneer in implementing the AfCFTA's Guided Trade Initiative.
Mungatana said that if there are genuine concerns about foreign nationals competing unfairly with Kenyan businesses, let those concerns be addressed through proper policy, licensing, taxation, immigration and labour enforcement.
“We must condemn xenophobia wherever it occurs — whether against Kenyans in another African country or against Burundians, Ugandans, Tanzanians, Congolese, Somalis, Ethiopians or any other African living in Kenya,” said Mungatana.
The National Assembly is currently deliberating on the Local Content Bill sponsored by Laikipia County MP Jane Kagiri, which seeks to establish a clear legal framework requiring foreign companies to ensure that a meaningful share of their operations directly benefits Kenyans.
The Bill is currently before the Departmental Committee on Trade, Industry and Cooperatives following its First Reading. In line with Article 118(1)(b) of the Constitution, members of the public are invited to submit their views.
“If enacted into Law, the Local Content Bill, 2025 seeks to ensure that investment in Kenya translates into real jobs, stronger local businesses and shared prosperity for communities across the country,” said Kagiri.
Among the key proposals in the Bill is the requirement that at least 60 per cent of goods, services and supplies be sourced locally, where standards are met and where gaps exist, investors would be expected to support Kenyan firms through capacity-building initiatives.
The agriculture sector stands to gain significantly, with foreign companies required to source produce from local farmers, offering more stable markets and incomes, with the Bill promoting transparency by encouraging clear labelling of the country of origin for agricultural products in retail outlets, empowering consumers to support Kenyan producers.
“On employment, the proposed law prioritises qualified Kenyans for management and other positions, while allowing specialised foreign expertise where necessary. It also introduces firm enforcement measures, signalling that local participation in investment will no longer be optional,” said Kagiri.
State House Spokesman Hussein Mohammed said that the government will, over the 90 days, carry out an orderly regularisation exercise to facilitate compliance with the relevant government agencies, working in consultation with embassies concerned.
Mohammed said that the government will seek to provide the affected persons with clear, structured opportunities to regularise their immigration status and business operations in accordance with the law.
“Legitimate concerns about economic opportunity can never justify discrimination, excuse lawlessness or sanction violence. Kenya will remain an open, secure and welcoming country, protecting opportunities for its citizens, safeguarding the rights of all persons lawfully within its borders,” said Mohammed.
He said that President William Ruto had, during an engagement with Kenyan traders, received concerns over the increasing participation of foreign nationals in small-scale business and informal trade and its impact on Kenyans whose livelihoods depend on these activities.
Mohammed clarified that the President reaffirmed the government's responsibility to protect and expand economic opportunities for Kenyan citizens, particularly within the micro and small enterprise sectors that sustain millions of households.
