Trade Ministry sets out requirements for foreigners working in Kenya amid crackdown

The Ministry of Investments, Trade, and Industry has clarified the categories of foreigners who could face action as the government begins enforcing President William Ruto’s directive targeting foreigners engaging in small and retail businesses in the country.

In a statement on Sunday, September 6, Trade Cabinet Secretary Lee Kinyanjui said Kenya would continue allowing foreigners to enter the country under its visa-free and Electronic Travel Authorisation (eTA) exemption arrangements.

However, the CS said the free visa entry does not give foreigners the right to work, trade or operate businesses in Kenya.

According to Kinyanjui, the ministry will target those who came to the country as tourists or for any other reasons but instead began engaging in businesses or trade.

“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. 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,” Kinyanjui stated.

The CS revealed that foreigners found engaging in activities that violate the conditions of their visas or other applicable regulations will face enforcement action.

“Persons found in contravention of the applicable visa provisions will have their visas revoked in accordance with the law,” he added.

According to the ministry, foreigners who wish to engage in employment, trade or business activities must comply with Kenya’s immigration, work permit and other regulatory requirements.

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

The statement comes days after President William Ruto warned foreigners operating small businesses in Kenya to close them ahead of a government crackdown scheduled to begin on Monday, September 7.

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Speaking on Wednesday, September 2, the president said the government would shut down foreigners engaged in small-scale trade, arguing that such businesses should be reserved for Kenyans.

“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,” the president said.

Following the orders, the Trade Ministry said enforcement would take into account Kenya’s obligations under the East African Community (EAC) amid fears within sections of foreign businesspeople in the country.

The CS maintained that the regional commitments would remain an important consideration when implementing immigration and work permit requirements affecting citizens of EAC Partner States.

He further affirmed that enforcement of the directive would be carried out in accordance with the law and in an orderly and transparent manner.

“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,” Kinyanjui said.

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