Kenya’s President William Ruto last weekend announced a new directive requiring migrant traders to legalize their immigration and business documents in 90 days.
This came after the East African country denied foreign-owned small businesses access to local markets and that triggered widespread alarm and fears of xenophobic violence.
The government has since clarified that the directive does not amount to a blanket ban on foreign nationals operating small businesses. Instead, officials said the 90-day ultimatum would allow affected traders to secure the immigration documents, work permits, business registrations and licenses required under Kenyan law.
Kenya hosts large communities of migrants and refugees from neighboring countries, including Burundi, many of whom depend on informal trade for their livelihoods.
The next 90 days will determine whether affected traders can obtain the necessary documents to continue operating or face the prospect of closing their businesses and leaving the country.
The clarification has offered limited reassurance to some migrant communities, particularly Burundians who are heavily represented in Kenya’s informal economy.
Hundreds reportedly gathered at the Burundian embassy earlier last week seeking assistance with repatriation amid fears of arrest or forced expulsion.
Ruto’s office said the government would conduct an orderly regularisation process during the 90-day period to ensure that foreign nationals possess the documents required to live and conduct business in Kenya.
Foreign Minister Musalia Mudavadi said Kenya remained open to foreign participation in both small- and large-scale businesses, provided migrants complied with immigration, employment and licensing requirements.
“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,” Mudavadi said.
He described the government’s approach as regulatory rather than discriminatory.
Ruto’s initial directive prompted concern that intensified enforcement could expose migrant communities to harassment or xenophobic attacks. Kenyan officials have sought to ease those fears by emphasising that any action will focus on compliance with existing laws rather than nationality.
Kenya is a member of the East African Community, whose Common Market Protocol provides for the free movement of workers and the right of establishment across member states.
Those rights, however, remain subject to national immigration, work-permit and business-licensing requirements, which have not always been consistently enforced.
MG/as/APA