The government has given foreign traders and business operators 90 days to regularise their immigration, work permit, registration and licensing status, following growing concerns over the crackdown on foreigners running small businesses.
The exercise will be coordinated by relevant government agencies in consultation with the embassies concerned, allowing affected persons to regularise their immigration status and business operations in accordance with the law.
In a statement released on Tuesday, State House Spokesperson Hussein Mohamed said the process would provide affected foreign nationals with a “clear and structured opportunity” to put their documentation in order.
During the 90-day period, government agencies will provide guidance and administer the applicable requirements “fairly, consistently and without discrimination”
At the end of the regularisation period, the government said immigration, work permit, registration and licensing rules would be enforced “firmly and strictly” in accordance with the law and due process.
The announcement comes after rights groups and civil society organisations raised concerns that enforcement could result in discrimination, profiling or harassment of foreign nationals based on nationality rather than individual violations.
The East Africa Law Society (EALS) urged the government to ensure enforcement was based on clear legal requirements and individual circumstances, warning that nationality should not be treated as evidence of illegality.
The Kenya National Commission on Human Rights (KNCHR) also called for a human-rights-based approach, saying enforcement should target specific legal violations rather than collectively profiling foreign nationals, migrants or refugees.
The commission said it had received complaints of threats, intimidation, discriminatory treatment and online attacks in several counties.
The government’s latest position also follows mounting anxiety among Burundian and other EAC nationals, some of whom rushed to embassies in Nairobi to regularise their documentation after President William Ruto’s earlier directive triggered fears of business closures and possible removal from Kenya.
Foreign Affairs Principal Secretary Korir Sing’Oei visited the Burundian Embassy on Monday and apologised over harassment linked to confusion surrounding the directive.
“We are saying sorry because, recently, it was said that those engaged in small-scale businesses without licences would be required to leave Kenya,” Sing’Oei said.
He promised increased security in areas with significant immigrant populations, including Bahati and Muthurwa.
The government had also opened a registration window for undocumented EAC nationals.
Government Spokesperson Charles Owino said those who present themselves to their embassies or high commissions for identification would be presumed legally present during the registration period.
Mohamed said the government remained committed to protecting Kenyan economic opportunities while safeguarding the rights of foreigners lawfully living and working in the country.
“No individual or group has the authority to harass, intimidate, threaten or interfere with foreign nationals or their businesses,” he said, warning that those who did so would face action under the law.
The government said the measures would be implemented alongside proposed amendments to the Local Content Bill, 2025, which are intended to establish categories of small-scale economic activity that may be reserved for Kenyan citizens while protecting foreigners legally entitled to work, invest and conduct business in Kenya.