Foreign nationals engaged in small-scale trade and informal businesses in Kenya have been given 90 days to regularise their immigration status and business operations before the Government begins strict enforcement of existing laws.
State House spokesperson Hussein Mohamed said the regularisation exercise followed representations made to President William Ruto by Kenyan traders over the increasing participation of foreign nationals in small-scale businesses and informal trade.
The traders raised concerns about the impact of foreign participation on Kenyans who depend on micro and small enterprises for their livelihoods.
Mohamed said President Ruto had reaffirmed the Government’s responsibility to protect and expand economic opportunities for Kenyan citizens, particularly in the micro and small-enterprise sector, while also protecting the rights of foreign nationals lawfully residing, working, investing or doing business in Kenya.
“In the meantime, every person conducting business in Kenya is required to comply with applicable immigration, work-permit, registration and licensing requirements,” Mohamed said in a statement.
He said the Government would use the next 90 days to conduct an orderly regularisation exercise, with relevant State agencies working with the embassies of affected foreign nationals.
The exercise will provide foreign traders with an opportunity to regularise their immigration status and business operations in accordance with Kenyan law.
At the end of the 90-day period, the Government will begin firm enforcement of immigration, work-permit, registration and licensing requirements.
Mohamed said the enforcement would be carried out in accordance with the law and due process, with government agencies required to administer the requirements fairly, consistently and without discrimination.
The President has also directed that the Local Content Bill, 2025 (National Assembly Bill No. 45 of 2025), which is currently before Parliament, be expanded to create a legal framework governing participation in small-scale trade and enterprise.
The proposed framework is expected to identify categories of economic activity that could be reserved for Kenyan citizens while providing legal certainty and protection for foreign nationals legally entitled to work, invest and conduct business in the country.
The Government said the protection of opportunities for Kenyan citizens would not mean closing the country to legitimate foreign investment, enterprise or employment.
“These objectives are complementary and will be pursued consistently with the Constitution, the law and Kenya’s international obligations,” Mohamed said.
The statement also sought to reassure foreign nationals following concerns over harassment and intimidation during the Government’s renewed focus on foreign participation in informal trade.
Mohamed stressed that only duly authorised State agencies have the power to interpret, implement and enforce Kenyan laws.
“No individual or group has the authority to harass, intimidate, threaten or interfere with foreign nationals or their businesses,” he said, warning that anyone engaging in such conduct would face action under the law.
The Government further reaffirmed Kenya’s commitment to the East African Community, regional integration and continental cooperation.
It said Kenya would continue facilitating the movement of people, labour, services and capital under applicable legal and regulatory frameworks, while advancing integration through the African Continental Free Trade Area and other African cooperation mechanisms.
The clarification comes amid heightened attention to the participation of foreign nationals in Kenya’s small-scale retail and informal economy, particularly following President Ruto’s recent pledge to protect opportunities for Kenyan traders.
The Government said its approach would seek to balance protection of Kenyan livelihoods with the rights of foreign nationals and Kenya’s regional and international commitments.
“Legitimate concerns about economic opportunity can never justify discrimination, excuse lawlessness or sanction violence,” Mohamed said.
He added that Kenya would remain an open and secure country, welcoming lawful investment and enterprise while protecting the rights of all persons legally within its borders.
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