The government’s crackdown on foreign nationals running small businesses in Kenya has come under scrutiny, with the Kenya National Commission on Human Rights (KNCHR) warning that enforcement must not turn into collective targeting, discrimination or denial of basic rights.
The commission wants authorities to act against specific immigration and business law violations on an individual basis, while ensuring affected foreigners are given a chance to explain their cases and challenge decisions through lawful channels.
In a statement issued on Tuesday, KNCHR said it had received petitions from refugee communities and migrant populations in several counties alleging threats, intimidation, discrimination and online attacks linked to the ongoing enforcement exercise.
The commission said some of the concerns had been reported in Miritini, Mombasa County, but stressed that the problem was national and should not be treated as an issue affecting only one area.
“Enforcement should be based on individualized assessment of specific legal violations, not collective profiling or targeting of foreign nationals, migrants or refugees,” KNCHR said.
The commission acknowledged that the government has the authority to regulate immigration, employment, trade and investment, as well as protect economic opportunities for Kenyan citizens and local businesses.
However, it said the exercise must be carried out within the Constitution, Kenyan laws and the country’s regional and international human rights obligations.
KNCHR also warned government agencies against summary enforcement that imposes penalties before affected people are given an opportunity to be heard or challenge decisions through lawful processes.
The commission further cautioned members of the public against taking matters into their own hands, saying private citizens should not harass or attack foreigners over their immigration or business status.
“No person should engage in physical or online conduct that threatens, attacks, harasses, intimidates or otherwise unlawfully interferes with the safety, dignity, rights or lawful activities of foreign nationals,” the commission said.
KNCHR called for clear and accessible systems through which affected foreigners can confirm their status and, where allowed by law, regularise their immigration or business documents.
It also urged authorities to put safeguards in place for refugees, asylum seekers, migrant workers, children and victims of trafficking.
The commission wants reports of xenophobia, hate speech, extortion and vigilante action investigated, warning that failure to address such cases could expose vulnerable groups to further abuse.
KNCHR said the government should also draw lessons from violations and economic disruption linked to Operation Usalama Watch in 2014 as it carries out the current enforcement exercise.
The human rights body said it would continue monitoring the situation and documenting alleged violations that could result in investigations or court action.
The statement comes after President William Ruto directed on September 2, 2026, that small businesses operated by foreign nationals be closed. The directive was followed by government clarification on work visa requirements and how the crackdown would be implemented.
The enforcement has since triggered concern among foreign nationals, with several Burundian citizens seen seeking documentation at their embassy and nearby facilities as they move to regularise their papers.
Government Spokesperson Charles Owino said the government had opened a formal registration window for undocumented East African Community nationals, particularly Burundian citizens living and trading in Kenya without proper documentation.
Owino said the measures announced by President Ruto were aimed at protecting local livelihoods while safeguarding the rights and dignity of EAC citizens.
He said foreigners who present themselves to their respective embassies or high commissions for identification would, during the registration period, be presumed to be legally present in Kenya.