MPs raise red flag over influx of foreigners in local business

Senators want the executive to clarify the legal status of foreign nationals involved in local business activities.

The lawmakers expressed concern regarding the influx of foreigners, prompting questions about their legal status.

“There is an increase in the number of foreign nationals working in Kenya informally,” Machakos Senator Agnes Kavindu said.

These individuals are working in salons, barbershops, small-scale enterprises and hawking.

The senators said these are jobs Kenyans should not compete for with foreigners.

“This has raised concern about their legal status and the impact on employment opportunities for locals,” she stated.

Consequently, lawmakers have summoned the Interior Ministry officials and the Immigration Department to explain the issue.

MPs also want to establish whether the foreigners’ presence is in line with the existing labour and immigration policies.

The Senate’s National Security, Defence and Foreign Relations is carrying out the investigations. The senators want to establish the official number of foreigners working in the informal sector.

The probe will specify whether they have valid work permits and if proper immigration procedures were followed before they started their businesses.

 In addition, the panel will determine the government’s measures to address cases of illegal stay and undocumented workers in the informal business sector.

“Explain any steps the government is taking to regulate and monitor this category of foreign workers to ensure they comply with the licensing, taxation and labor laws and clarify any measures in place to protect job opportunities for Kenyan citizens in the informal business sector,” she said.

In 2020, the government announced the strict enforcement of tough laws on work permits in what would have seen foreigners lose their jobs.

Through the Ministry of Devolution, the state had declared that henceforth, it will only issue work permits to expatriates in instances where Kenyans lack the requisite skills and qualifications to undertake the job.

“Take note that the board shall not issue any recommendations unless it is proven and or demonstrated that there are no Kenyans with the skills required available in the local market,” the ministry had said.

However, the announcement appeared not to have been effective, with more foreigners flooding the country.

The Kenya Citizenship and Immigration Act, 2011, provides for matters relating to citizenship, travel documents and immigration.

Section 34 (1) of the Act provides that the presence of a person who is not a citizen of Kenya shall be unlawful unless that person holds a valid work permit, residence permit or pass.

The Act makes it an offence for a foreign national to engage in any employment, occupation, trade, business or profession without being authorised.

It is also an offence for a person to employ a foreigner not permitted to work in the country.