Mudavadi: Kenya’s Crackdown on Foreign Traders Is Regulatory, Not Discriminatory
Prime Cabinet Secretary Musalia Mudavadi has urged Kenyans residing in neighbouring countries to comply with all required entry laws, even as he defended Kenya’s ongoing crackdown on foreign nationals engaged in small-scale business.
Speaking during a diplomatic meeting in Nairobi on Thursday, Mudavadi said Kenya upholds the values of mutual respect under the East African Community (EAC) and that citizens should observe guidelines in member states .
“Citizens of our partner states should comply with the laws of the country governing their rights of entry, stay and provision of services within the Kenyan jurisdiction. This is a global practice,” he said. “Kenyan citizens in our partner states are also called upon to comply with similar laws in the territories of their current residence” .
Not a Blanket Ban
Mudavadi maintained that Kenya remains open to accommodating all foreigners seeking to conduct business in the country, provided they comply with immigration laws. He emphasised that the government’s approach is regulatory rather than discriminatory .
“Kenya is not implementing a blanket ban on foreign nationals engaging in small-scale business, but it is seeking to ensure that their participation is consistent with the EAC Community and applicable national law,” he stated .
He explained that the measures are aimed at protecting vulnerable sectors of the economy, promoting fair competition and securing sustainable livelihoods for Kenyan citizens .
The 90-Day Regularisation Window
President William Ruto’s declaration on September 2 sparked anxiety among foreign nationals, particularly Burundian citizens, who have since camped outside their embassy in Nairobi to regularise their documents .
In response, the government announced a 90-day regularisation exercise to give affected persons an opportunity to formalise their residence and business operations .
During this period, government agencies will administer requirements “fairly, consistently and without discrimination.” At the end of the 90 days, immigration, work-permit, registration and licensing rules will be enforced “firmly and strictly” in accordance with the law .
Key Requirements for Foreign Nationals
Foreign nationals conducting business in Kenya are required to comply with:
The government has also warned that no individual or group has the authority to harass, intimidate or interfere with foreign nationals or their businesses. “Legitimate concerns about economic opportunity can never justify discrimination, excuse lawlessness or sanction violence,” the statement read .
Commitment to Regional Integration
Mudavadi reaffirmed Kenya’s commitment to the EAC, the African Continental Free Trade Area (AfCFTA) and other regional frameworks, noting that Kenya will continue facilitating the movement of people, labour, services and capital in line with applicable legal frameworks .
He also emphasised that Kenya would protect foreign nationals who are lawfully in the country and conducting legitimate business, while ensuring that all individuals comply with Kenyan laws regardless of nationality .
Key Takeaways
| Aspect | Details |
|---|---|
| Official Position | Regulatory, not discriminatory |
| 90-Day Window | Regularisation of immigration, work permits, registration and licensing |
| Protection | No harassment of foreign nationals will be tolerated |
| Regional Commitment | Kenya remains committed to EAC and AfCFTA integration |
| Compliance | All persons conducting business must comply with Kenyan law |