By Jean-Pierre A.
Following confusion and controversy surrounding President William Ruto’s recent directive on the crackdown on foreign small-scale traders, Kenya’s government has given foreign small-scale traders a 90-day amnesty to regularise their stay in Kenya and continue their businesses.
Last week, President Ruto told a meeting of small-scale enterprise owners at State House in the capital, Nairobi, that he had set a 7 September deadline for foreign-owned businesses to shut down their operations. However, government officials on Monday clarified the statement, saying it was not a blanket ban on foreign small-scale businesses.
On Monday 7 Sept., hundreds of Burundians, who are among the food hawkers, flocked to their embassy in Nairobi to get travel documents that would allow them to return to their country. Others panicked amid anti-foreign sentiment from some locals who accuse foreigners, especially Burundians, of being cheap labour and running businesses without proper documents.
There have been some incidents of violence, while some locals intervened to protect small-scale business operators against thugs. Civil society organisations had warned that the president’s directive could create xenophobia and violence towards foreigners, refugees, asylum seekers, and vulnerable migrants.
On Tuesday, police arrested a citizen suspected of inciting violence towards foreigners. Others suspected of harassment were also nabbed in the capital, Nairobi, for allegedly harassing Chinese traders by demanding immigration documents and bribes.
The Office of the State House spokesperson issued a press release saying the government has given foreign traders a three-month period to regularise their businesses and their stay in Kenya.
“Every person conducting business in Kenya is required to comply with applicable immigration, work permit, registration and licensing requirements. Over the next 90 days, the government will conduct an orderly regularisation exercise to facilitate compliance,” the statement read, adding: “The process will be conducted by the relevant government agencies, in consultation with the embassies concerned, to provide the affected persons with a clear and structured opportunity to regularise their immigration status and business operations in accordance with the law.”
According to the statement, during this period, the responsible government agencies will provide the necessary guidance and administer the applicable requirements fairly, consistently and without discrimination.
At the conclusion of the 90-day regularisation period, immigration, work permit, registration and licensing requirements will be enforced firmly and strictly in accordance with the law and due process, said the State House spokesperson in the press statement.
Kenya’s Principal Secretary for Foreign Affairs, Korir Sing’Oei, said via X that the Kenyan government had convened a high-level meeting with Her Excellency Ambassador Evelyne Habonimana of Burundi, UNHCR Kenya Representative H.E. Fatima Mohammed-Cole and IOM [International Organisation for Migration] Kenya Representative H.E. Nomagugu Ncube to address the humanitarian needs of Burundian nationals.
“We strongly guarantee the safety of all foreign nationals; no harassment will be tolerated. Any return exercises will be strictly voluntary, informed, and transparently recorded under our joint coordination. An active Joint Task Team is presently being constituted to address emerging issues,” said Sing’Oei.
Alleged Threats
A section of Burundians operating in Mombasa, the second-largest city in Kenya, have allegedly received threats. They told local media that some Kenyans are telling them to go back to their country, while others refused to pay after consuming their food products.
According to Citizen TV, they had sought shelter in a local church and are now appealing to Kenyan security officials to protect them and to their government to intervene.
Burundian nationals told the media that they had lived peacefully with locals while engaging in small-scale businesses such as food hawking.
“The situation is not good; even those who have been friendly are now hostile to us,” Celestin Nshimirimana told Citizen TV, adding that he had suspended his business and was planning to send his family to Burundi. He claimed he had been receiving threats.
Some Ugandans have also decided to return to their home country amid panic, fearing possible violence as some goons could use the recent directive to attack them.
However, the government emphasises that the interpretation, implementation and enforcement of the law are the exclusive responsibility of the duly authorised state agencies.
“No individual or group has the authority to harass, intimidate, threaten or interfere with foreign nationals or their businesses. Any person engaged in such conduct will face firm action in accordance with the law,” read part of the State House spokesperson’s press statement.
Free movement of people
Meanwhile, Kenya’s recent directive on small-scale enterprises has raised questions about regional integration blocs in Africa amid xenophobia in some countries and crackdowns on small-scale businesses. A number of countries in recent years have announced plans to ban foreigners from conducting some small businesses. Tanzania and Gabon have announced such plans, while South Africa has experienced xenophobia as locals accused African foreigners of taking their jobs and contributing to rising crime.
Carlos Lopez, a professor at the Nelson Mandela School, said via X that it was “regrettable to see the proliferation of attitudes that run against African integration.”
“Kenya has explicit commitments under the EAC Common Market Protocol: free movement of persons and workers, non-discrimination on grounds of nationality, and rights of establishment and residence — including for self-employed economic activity.”
According to Lopez, we cannot champion AfCFTA [African Continental Free Trade Area] and the AU’s free movement agenda while borders come down for goods, but go up for Africans.
