Kenya To Crack Down On Foreigners Running Small Businesses, Sets New Requirements

The government has spelled out exactly who’s in the crosshairs as it moves to enforce President William Ruto’s order against foreigners running small and retail businesses in Kenya.

Trade Cabinet Secretary Lee Kinyanjui said in a statement issued on Sunday, September 6, that Kenya isn’t shutting its doors to visitors, the country will keep honouring its visa-free entry and Electronic Travel Authorisation (eTA) exemptions as before.

But he was quick to draw a line: getting into the country freely doesn’t mean you’re free to work, trade, or run a business once you’re here.

Kinyanjui said the crackdown will focus on people who entered as tourists, or under some other non-work status, and then quietly slipped into business instead.

“There has been deliberate misuse of visa applications by some visitors, leading to persons on investor or tourist status engaging in activities contrary to the provisions of the grant,” he said. “Owing to the high number of foreigners involved in the retail and local trade sectors, there is therefore a need to align their activities and ensure compliance with work permit provisions.”

Anyone caught operating outside the terms of their visa, he warned, will face consequences.

“Persons found in contravention of the applicable visa provisions will have their visas revoked in accordance with the law,” Kinyanjui said, adding that foreigners hoping to work or do business in Kenya legitimately need to go through the proper immigration and work permit channels.

“Visa-free entry or exemption from eTA requirements does not in itself confer the right to engage in employment, trade or business in Kenya,” he said. “Such activities remain subject to the applicable immigration, work permit and other regulatory requirements.”

The statement follows on the heels of Ruto’s own warning earlier in the week. Speaking on Wednesday, September 2, the president told foreigners running small businesses to shut them down before the government’s crackdown, set to kick off Monday, September 7. Ruto argued that petty trade should be left to Kenyans, not outsiders.

“We have made efforts to improve the economy… We have not improved investor confidence for hawkers to come to Kenya. It cannot be that a person comes from China or elsewhere to be a hawker or open a small shop,” he said.

The directive has stirred some anxiety among foreign traders in the country, particularly over how it might affect nationals from East African Community member states. The Trade Ministry has since moved to address those concerns, saying enforcement will still take Kenya’s EAC obligations into account.

Kinyanjui reiterated that regional commitments would remain a key factor in how immigration and work permit rules are applied to citizens of EAC Partner States, and insisted the rollout of the directive would be lawful, orderly, and transparent.

“Kenya remains open and welcoming to legitimate investors and businesses that operate within the law and contribute to the country’s economic growth, job creation and development,” he said.

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