Reprieve for foreign traders as president gives 90-day ultimatum to regularise businesses

Burundian nationals in Kenya at their embassy of the republic of Burundi chancery at Dennis Pritt road on September 8, 2026 [David Gichuru, Standard]

The government has given foreign nationals operating businesses in Kenya a 90-day ultimatum to regularise their immigration, work permits, business registration and licensing before enforcement begins.

This offers a reprieve to foreigners doing business in Kenya, following President William Ruto’s directive last week ordering immediate closure of small businesses operated by foreign nationals.

In a press statement issued on Tuesday by State House Spokesperson Hussein Mohamed, the government said affected people would be given an opportunity to regularise their immigration status and business operations coordinated by relevant agencies in consultation with foreign embassies.

“At the conclusion of the 90-day regularisation period, immigration, work-permit, registration and licensing requirements will be enforced firmly and strictly in accordance with the law and due process,” Mohamed said.

He said that President Rut 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 responsibility to protect and expand economic opportunities for Kenyan citizens particularly within the micro and small enterprise sectors that sustains millions of households.

Mohamed added, “Kenya will remain an open, secure and welcoming country, protecting opportunities for its citizens, safeguarding the rights of all persons lawfully within its borders, welcoming legitimate investment and enterprise, and faithfully honouring its regional, continental and international obligations.”

The government also warned that citizens do have the authority to threaten foreign nationals or interfere with their businesses, warning that the interpretation, implementation and enforcement of the law are the exclusive responsibility of duly authorised State agencies.

“No individual or group has the authority to harass, intimidate, threaten or interfere with foreign nationals or their businesses. Any person who engages in such conduct will face firm action in accordance with the law,” Mohamed warned.

“Legitimate concerns about economic opportunity can never justify discrimination, excuse lawlessness or sanction violence,” Mohamed added.

The warning comes after reports of threats, intimidation and discriminatory treatment of foreign nationals with some of traders left counting losses after destruction of their businesses by Kenyans.

Even after the move by the government manage the crisis that erupted following earlier “pack and go” remark by the president, tension and fear among foreigners was still high as many flocked Burundian Embassy on Tuesday in Nairobi seeking travel documents to flee the country.

State House Spokesman came 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 condemned the anti-Burundi sentiments reported in the country.

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 has 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 being 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.

“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.

The statement by Mohamed also revealed that the President had directed that the Local Content Bill, 2025 (National Assembly Bill No. 45 of 2025), currently before Parliament, be expanded to create a clear, fair and predictable framework governing participation in small-scale trade.

“This framework will identify categories of economic activity that may be reserved for Kenyan citizens, while providing legal certainty and appropriate protection for foreign nationals lawfully entitled to work, invest and conduct business in Kenya,” said Mohamed.

In what seems to be insistence on president’s position on crackdown on foreign traders, Mohamed emphasized that the government will protect economic opportunities for Kenyan citizens especially within the micro and small-enterprise sector.

“The President reaffirmed the Government's responsibility to protect and expand economic opportunities for Kenyan citizens, particularly within the micro and small-enterprise sector that sustains millions of households.”

“He equally affirmed the Government's duty to safeguard the rights and legitimate interests of foreign nationals who are lawfully resident, employed, investing or conducting business in Kenya,” he added.

Kenya National Commission on Human Rights (KNCHR) also weighed into issue cautioning the government against using immigration and business enforcement measures that could lead to discrimination, intimidation and other human rights violations against foreign nationals operating small businesses in Kenya.

The commission said it had received petitions from refugee communities and other migrant populations in various counties alleging threats, intimidations, discriminatory treatment and online attacks following recent government directives targeting businesses operated by foreign nationals.

“Reports from Miritini, Mombasa County illustrate the potential for violations, but the Commission emphasizes that this is a broader national concern and should not be viewed as confined to any particular locality,” said KNCHR chairperson Claris Ogangah.

Ogangah stated that the Commission noted that it recognised the government’s mandate to regulate immigration, employment, trade, investment and commercial activities, promote fair competition and protect economic opportunities for Kenyan citizens and local enterprises.

However, she warned that enforcement must be carried out within the law and without discrimination based on nationality.

“Given Kenya’s role as a host to migrants and refugees from diverse backgrounds, all migration-related measures and enforcement interventions must be implemented lawfully, fairly, consistently and without discrimination on the basis of nationality,” the Commission said.

The commission said the government has a constitutional duty to anticipate and prevent human rights violations rather than wait for abuses to occur.

“Kenya must not wait for violations to occur before putting in place appropriate preventive safeguards. The State has a constitutional duty to anticipate and mitigate the risk of violations and to ensure that enforcement measures are lawful, necessary, proportionate, non-discriminatory and procedurally fair,” she added.

Ogangah cautioned government agencies against taking summary enforcement measures that impose punitive consequences on individuals before they’re afforded due process including a fair hearing.

“No person should engage in physical or online conduct that threatens, attacks, harasses, intimidates or otherwise unlawfully interferes with the safety, dignity, rights or lawful activities of foreign nationals. Any such conduct must attract the full force of the law,” the Commission said.

Further, it called for individualised assessment of specific legal violations rather than collective profiling or targeting of foreign nationals, migrants or refugees, safeguards for vulnerable groups including refugees, asylum seekers, trafficking victims and children, and the publication of regular data on complaints, arrests, closures and deportations.

“Ensure that enforcement does not facilitate xenophobia, profiling, hate speech, extortion, vigilante action or other human rights violations, including by law enforcement officers, county authorities, business associations, community leaders or members of the public,” Ogangah added.

KNCHR further stated that Kenya being a member state of the East African Community (EAC) and a party to the EAC Common Market Protocol 2009 entered in July 2010, the country is obligated to ensure progressive integration of Partner States through the free movement of persons, goods, services, capital and labour and rights of residence and establishment.

“While the exercise of these rights remains subject to the laws, regulations and administrative procedures of Partner States, enforcement of national laws must be balanced with the protection of individual rights and freedoms,” Ogangah added.

KNCHR also called on the public who experience or witness threats, unlawful evictions, destruction of property or other violations to make reports to police or at the commission.