Foreign traders' crackdown could put refugees at risk, rights defenders warn

Burundian nationals seek travel documents at their embassy along Dennis Pritt Road, Nairobi, on September 8, 2026. [David Gichuru, Standard]

The Government’s directive to shut down small businesses operated by foreign nationals could have unintended consequences for refugees, asylum seekers and other vulnerable migrants, the Network Against Human Trafficking and Smuggling of Migrants (NAHUSOM) has warned.

The network representing 25 organisations said the order by President William Ruto risks pushing vulnerable migrants into unsafe and unregulated livelihoods.

The directive issued September 3 required foreign nationals engaged in businesses such as hawking, street vending, salons and small-scale retail to close their operations by Monday 7.

However, Ruto backed down yesterday, extending the period of regularisation of their status by 90 days,

While acknowledging the Government’s responsibility to regulate trade and protect Kenyan traders from unfair competition, NAHUSOM cautioned against blanket enforcement without safeguards for migrants who are legally residing and working in the country.

“NAHUSOM does not dispute the State's authority to regulate business activity within its borders,” said Nimo Ali, Executive Director, Candle of Hope Foundation, during a press briefing in Nairobi ok Wednesday.

“We are concerned that a blanket closure directive, if not implemented with clear safeguards, risks pushing already vulnerable populations, including refugees, asylum seekers and undocumented migrants, out of legitimate livelihoods and into informal, unregulated and unsafe alternatives," said Gloria Mwangi, legal officer, Refugee Consortium of Kenya.

According to the organisation, Kenya hosts close to 857,000 registered refugees and asylum seekers, with a significant number relying on small-scale trade for their livelihoods under permits recognised by law.

It warned that abruptly cutting off these sources of income could increase migrants’ vulnerability to exploitation, debt bondage and human trafficking.

“Loss of livelihood following the closure of businesses is a well-documented driver of exploitation, debt bondage, and trafficking, including trafficking for forced criminality,” Mwangi said.

Nahusom also expressed concern over foreign nationals who have married Kenyans and established families, homes and businesses in the country over many years.

It warned that enforcement could create opportunities for individuals or groups to conduct unauthorised “vetting” of people suspected of being foreigners, potentially exposing legitimate traders and their families to harassment, extortion and violence.

“Such unauthorised ‘vetting’ could also be exploited by business competitors to target, intimidate or eliminate legitimate rivals under the guise of enforcement,” said Mutuku Nguli of Counter Human Trafficking Trust-East Africa.

He said such a situation could fuel “false accusations, harassment, extortion, violence and discrimination”, creating vulnerabilities that could be exploited by traffickers and organised criminal networks.

They urged the Government to ensure that implementation of the directive complies with constitutional safeguards, particularly Articles 10 and 47, which provide for constitutional values and principles of governance as well as lawful, reasonable and procedurally fair administrative action.

“NAHUSOM calls upon the Government of Kenya to immediately suspend the enforcement of the closure directive to allow for structured consultations, comprehensive rights-impact assessments and clear administrative guidelines,” the organisation said.

This even as more Burundi nationals continue to flock to the country's embassy in Nairobi to process documentation to aid their travel back home.