The government has moved to clarify its crackdown on foreign nationals engaged in small-scale trade, saying it is enforcing immigration, work permit, registration and licensing laws rather than imposing a blanket ban.
Prime Cabinet Secretary Musalia Mudavadi said the measures announced by President William Ruto on September 2 seek to protect vulnerable sectors of the economy, promote fair competition and protect the livelihoods of Kenyan citizens.
“Let me therefore clarify that Kenya is not implementing a blanket ban on foreign nationals engaging in small scale business, but is seeking to ensure that their participation is consistent with the East African Community Common Market Protocol and applicable national law,” said Mudavadi.
He spoke in Nairobi on Thursday, September 10, during a quarterly diplomatic briefing attended by ambassadors and high commissioners.
Ruto issued the directive while addressing Micro, Small and Medium Enterprises (MSMEs) traders at State House, saying concerns had been raised over foreign nationals entering Kenya to sell goods and compete directly with local hawkers and small-scale traders.
The directive took effect this week, triggering concern among migrant traders, with some seeking assistance from their embassies and others preparing to leave the country.
Some foreign traders also reported harassment while conducting business, raising concerns over enforcement of the directive.
The Law Society of Kenya (LSK) has raised concerns over the directive, warning that its implementation could conflict with Kenya’s obligations under the East African Community Treaty and the Common Market Protocol.
The East Africa Law Society has also called for enforcement that does not discriminate against traders based on nationality.
Mudavadi told diplomats that foreign nationals would remain protected under Kenyan law as the government enforces requirements governing their businesses.
“Kenya is open to small and large-scale trade by foreign nationals, as long as they are compliant with immigration, work permit, registration and licensing requirements,” explained Mudavadi. “Kenya’s approach is therefore more regulatory rather than discriminatory.”
He noted that citizens of East African Community partner states must comply with Kenyan laws governing entry, stay and provision of services, just as Kenyans working or doing business in other partner states must follow similar laws.
Mudavadi also warned against attacks or interference with foreign nationals and their businesses.
“Anyone who threatens or interferes with foreign nationals or their businesses will face immediate and full force of the law,” warned Mudavadi.
The clarification comes as Kenya prepares to host the fourth Common Market for Eastern and Southern Africa-East African Community-Southern African Development Community (COMESA-EAC-SADC) Tripartite Summit in Nairobi.
The summit will seek to accelerate implementation of the African Continental Free Trade Area (AfCFTA) and deepen trade among the three regional blocs.
The summit will seek to accelerate implementation of the African Continental Free Trade Area (AfCFTA) and deepen trade among the three regional blocs.
Mudavadi said Kenya wanted to balance regional integration with enforcement of domestic laws.
“We aspire to have an Africa in which African goods are produced in Africa, traded across African markets and increasingly consumed within Africa,” observed Mudava