Keypoints:
- Ruto says lawful foreign traders remain welcome
- Foreign operators get 90 days to regularise
- Crackdown tests Kenya’s EAC commitments
KENYA’S President William Ruto has reassured foreign nationals that they can establish businesses and take up employment in the country if they comply with local laws, days after his crackdown on foreign small traders triggered anxiety among immigrant communities.
The intervention marks a significant change in tone from Ruto’s earlier warning against foreigners engaging in hawking and some small-scale businesses. His government has since introduced a 90-day period for foreign operators to regularise their documentation, shifting the emphasis from immediate closures towards compliance.
Ruto changes tone after backlash
Speaking on Saturday during the groundbreaking of the Chebunyo Mother and Child Hospital, being developed under a partnership with Tanzania’s Amsons Group, Ruto insisted that Kenya would remain open to legitimate foreign investment and employment.
‘They are free to work in Kenya within the rules that are provided for in Kenya so that we can together be able to grow our region,’ Ruto said.
‘We will continue to be an open society because that is the DNA of Kenya,’ he added.
The remarks contrasted with his earlier directive that foreigners should not operate as hawkers or run certain small shops.
Africa Briefing previously reported on Ruto’s order targeting foreign small traders, which raised questions over its legal basis and implications for East African integration.
Burundians seek way out
The fallout became particularly visible among Kenya’s Burundian community.
Reuters reported that hundreds of Burundians sought travel documents from their embassy in Nairobi, with some saying they wanted to return home because they feared harassment or further enforcement action.
The Kenyan government has said xenophobic behaviour will not be tolerated and has promised legal protection for foreigners during the regularisation exercise.
Critics cited by Reuters have accused Ruto of directing frustration over unemployment and economic pressures towards foreigners ahead of Kenya’s 2027 election.
The government, however, says the measures are intended to enforce immigration and business rules rather than target people solely because of their nationality.
Foreign traders get 90 days
The administration has since clarified that the directive does not amount to a blanket ban on foreign-owned businesses.
AP reported that foreign business operators have been given 90 days to obtain or update required documentation, including work permits and business licences.
The government said the exercise was intended to ensure compliance with Kenyan and East African laws rather than intimidate foreign communities.
Foreign Affairs Principal Secretary Korir Sing’oei has also sought to calm concerns, saying the registration process is intended partly to protect foreign nationals.
The distinction is important. Entry into Kenya does not automatically confer an unrestricted right to work or operate a business. Foreign nationals must satisfy the relevant immigration, employment and licensing requirements.
EAC rules complicate crackdown
Ruto’s latest remarks have returned attention to Kenya’s obligations under the East African Community.
The EAC Common Market provides for the free movement of persons and workers, as well as rights of residence and establishment for citizens of partner states, subject to national laws and administrative requirements.
Those protections apply specifically to citizens of EAC partner states and do not automatically extend to every foreign national operating in Kenya.
The issue is particularly sensitive because Kenya has long promoted deeper regional integration and easier movement of people, investment and capital.
Africa Briefing previously examined Ruto’s push for easier African business travel move towards visa-free African travel.
Neighbouring Tanzania has faced similar tensions over foreign participation in small businesses, with Nairobi previously challenging restrictions affecting Kenyan traders.
Africa Briefing reported on Kenya’s dispute with Tanzania over foreign trader restrictions, highlighting the broader tension between domestic economic protection and regional integration.
Enforcement remains in place
Ruto’s latest position falls short of a complete reversal.
Foreign operators who fail to secure the required permits, licences and immigration documentation could still face enforcement once the regularisation period expires.
The government is also pursuing tighter regulation of foreign participation in some small-business sectors, meaning the central objective of protecting parts of Kenya’s domestic trading economy remains intact.
What has changed most clearly is the tone and pace of implementation.
An order initially understood as an immediate push against foreign participation in parts of Kenya’s informal economy is now being presented as a compliance exercise, accompanied by assurances that lawful foreign workers, traders and investors remain welcome.
That distinction allows Ruto to maintain pressure on undocumented operators while reassuring neighbouring countries and foreign investors that Kenya is not closing its economy to outsiders.
The next test will be whether Nairobi can enforce its domestic business rules without undermining the regional free-movement principles that Kenya has long championed.
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