Foreign trader crackdown: Lobby warns of arrests, extortion and harassment

The Police Reforms Working Group Kenya has condemned President William Ruto’s directive to shut down small-scale businesses run by foreign nationals, saying the move lacks clear statutory guidelines and poses serious risks.

In a statement dated Thursday, September 10, the lobby said the directive, issued on September 2 and enforced from September 7, has triggered confusion, targeted operations and friction between Kenyans and foreign traders.

The group acknowledged the need to support domestic micro, small and medium enterprises (MSMEs) but warned that an administrative directive without statutory backing, coupled with reports of harassment of foreign nationals including citizens of East African Community (EAC) states, could undermine regional unity and human rights protections.

“As feared, the commencement of the crackdown on September 7 has led to reports of intimidation, profiling, extortion and unlawful harassment of foreign nationals, particularly targeting traders from East African partner states like Burundi and the Democratic Republic of Congo,” the statement read.

The lobby said the crackdown has also resulted in arbitrary arrests, confiscation of property and excessive use of force by police officers, which it said violates Article 244 of the Constitution.

“Sweeping rhetoric against foreign traders breeds vigilantism, hate speech and xenophobic discrimination against non-nationals, threatening civil peace,” the statement added.

The group called for an immediate end to the harassment, suspension of the directive, adherence to constitutional due process, parliamentary resolution of the matter and independent human rights oversight.

It also said the crackdown conflicts with Kenya’s regional treaty obligations.

“EAC Common Market Protocol: Article 7 and Article 10 guarantee the free movement of persons, workers, goods and services, as well as the right of establishment and residence for citizens of EAC partner states. Forced shutdowns severely jeopardise EAC regional integration,” the statement noted.

Ruto ordered the crackdown on September 2, saying local traders needed protection from unfair competition. He directed the Ministry of Investments, Trade and Industry to enforce restrictions against foreigners operating businesses reserved for Kenyans.

“All those traders and hawkers doing these small businesses should close down,” said Ruto, adding that the government would not wait for Parliament to pass pending legislation before taking administrative action.