Carine Kaneza, Deputy Africa Director at Human Rights Watch/FILE
Carine Kaneza, Deputy Africa Director at Human Rights Watch, has urged the Kenyan government to ensure that measures to regulate foreign traders are implemented fairly and without discrimination based on nationality.
Kaneza was responding to the government’s recent move to regulate traders and small business operators from other countries operating in Kenya.
She called on President William Ruto to reject rhetoric that could contribute to hostility towards foreign nationals and ensure that government policies do not result in discrimination or abuse.
“President William Ruto should reject xenophobic rhetoric and ensure that government policies do not fuel discrimination or abuse,” Kaneza said.
Her comments come after Ruto told micro, small and medium-sized traders at State House on September 2 that foreigners should not compete with Kenyans in hawking and small-scale retail.
Ruto said investor confidence should be directed towards capital that creates jobs, rather than people who “come from China or elsewhere to be a hawker or open a small shop”.
He directed that such businesses be closed from September 7 as Parliament considers the Local Content Bill, 2025.
The remarks were followed by reports of concern among some Burundian nationals living and working in Kenya.
Hundreds reportedly queued at the Burundian embassy in Nairobi for emergency travel documents, with some saying they had faced threats from neighbours.
Kaneza said Burundians and other Africans living and working in Kenya were already facing fear and hostility, with some reporting attacks because of their nationality.
“Rather than deepen this climate of fear, the government should ensure that any effort to regulate foreign traders is fair, transparent, and non-discriminatory, and that everyone’s rights are protected regardless of nationality,” she said.
About 16,000 Burundian refugees and asylum seekers live in Kenya, according to UNHCR. Many engage in informal trade, including selling coffee, peanuts and used clothes. Tanzanians, Ugandans, Rwandans and other foreign nationals were also affected by the developments.
By September 8, the government had revised the earlier timeline, with State House spokesperson Hussein Mohamed announcing a 90-day regularisation window for immigration status, work permits, business registration and licensing.
Mohamed said enforcement would be “firm and strict” after the 90-day period, but would be carried out through authorised agencies and due process. Ruto also directed that the Local Content Bill be expanded to allow some small-scale activities to be reserved for Kenyans, while legally resident foreigners remain protected.
Foreign Affairs Principal Secretary Korir Sing’oei has also apologised to Burundi nationals over alleged harassment following the recent directives.
Sing’oei said some nationals had been affected after a directive requiring people operating small businesses without licences to vacate Kenya was misunderstood.
“I say sorry because the other day there was a directive that those who operate small businesses without licences should vacate Kenya. Most of the people did not understand the message well,” he said.
Sing’oei said the government’s intention was to ensure Africans, particularly East Africans, could live together peacefully while foreign nationals are properly documented.
