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Kenya gives foreign workers 90 days to regularise status, rejects discrimination claims

Kenya has given foreign nationals 90 days to regularise their immigration and business status following concerns sparked by President William Ruto’s directive targeting immigrant-owned small businesses.

The government said the measure was not a blanket ban on foreigners engaging in small-scale businesses, but an effort to ensure that foreign workers and traders comply with the country’s immigration, work permit, registration and licensing requirements.

Kenyan Foreign Minister Musalia Mudavadi said the government was seeking to enforce existing regulations in line with the East African Community Common Market Protocol and national laws.

“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 said Kenya remained open to both small- and large-scale trade by foreign nationals who comply with relevant regulations.

“Kenya is open to small and large-scale trade by foreign nationalities, as long as they are compliant with immigration, work-permit, registration and licensing requirements. Kenya’s approach is therefore more regulatory rather than discriminatory,” he added.

Ruto’s initial announcement had triggered anxiety among foreign nationals in Kenya and raised concerns that the situation could fuel tensions similar to xenophobic violence witnessed in South Africa.

The development particularly alarmed many Burundian nationals who earn their livelihoods through street vending and other small-scale businesses in Nairobi.

Earlier in the week, hundreds of Burundians reportedly gathered at their embassy in Nairobi seeking assistance to return home amid uncertainty over their status.

Following the concerns, Kenya’s junior foreign minister issued an apology, while the President’s office subsequently announced that the government would conduct an “orderly regularisation exercise” over the next 90 days.

The exercise is expected to give affected foreign nationals an opportunity to obtain or update the necessary documentation required to legally live and conduct business in Kenya.

The government has maintained that the policy is aimed at enforcing existing laws rather than targeting foreign nationals based on their nationality.

The clarification is intended to ease fears among migrant communities and reassure foreign workers and traders that those who meet the relevant legal requirements will be allowed to continue their activities.

Kenyan authorities have also sought to emphasise that the country remains committed to regional economic integration while ensuring that immigration, employment and business regulations are respected.

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