
The government says the 90-day window will give foreign business operators without the required documentation time to comply with immigration and business regulations before enforcement begins.
President William Ruto’s administration has given foreign nationals operating businesses without the required documentation 90 days to regularise their immigration and business status before enforcement action begins.
The government says the window will allow affected foreign business operators to obtain or update the necessary work permits, business registrations and operating licences required under Kenyan law.
Presidential spokesperson Hussein Mohamed said the exercise is aimed at bringing undocumented foreign nationals and businesses into compliance with the law, while ensuring that the movement of people, goods and services within the East African Community is conducted in accordance with applicable regulations.
The directive follows President Ruto’s recent call for action against foreign nationals operating small-scale businesses without the necessary permits and licences, after local traders raised concerns about competition in sectors including retail and informal trade.
The announcement has raised particular concern among some members of the Burundian and Congolese communities, with affected traders expressing uncertainty over their ability to continue operating their businesses in Kenya.
Hundreds of Burundians recently sought assistance at their embassy in Nairobi amid the uncertainty, with some seeking passports, emergency travel documents and other paperwork. Some citizens have also considered returning to Burundi voluntarily.
The government has, however, stressed that the 90-day period is a regularisation window and does not amount to an order requiring all foreign nationals to leave Kenya.
Foreign nationals who meet the relevant immigration, business and licensing requirements will be allowed to continue living and operating businesses in Kenya within the sectors permitted under Kenyan law.
The administration has also warned against xenophobia, harassment, intimidation and violence against foreign nationals, saying those lawfully residing and working in the country will continue to receive protection.
Foreign Affairs officials are expected to work with diplomatic missions during the regularisation exercise to facilitate documentation and help affected foreign nationals understand the requirements for remaining and operating legally in Kenya.
Although citizens of East African Community member states enjoy certain rights relating to movement and residence under regional arrangements, foreign nationals operating businesses in Kenya are still required to comply with applicable Kenyan laws and licensing requirements.
After the 90-day period expires, authorities are expected to begin enforcement against foreign nationals and businesses that have failed to regularise their status or obtain the required approvals.
The government says the move is intended to protect opportunities for Kenyan citizens while ensuring that foreign nationals who operate businesses in the country do so within the law.
The directive has nevertheless sparked debate over how Kenya can protect local businesses while safeguarding the rights and livelihoods of foreign nationals, particularly citizens of neighbouring East African countries who have lived and worked in Kenya for years.