Kenya clarifies work visa rules for foreigners amid crackdown on small traders

Kenya has moved to clarify the position of foreign nationals working and running businesses in the country following President William Ruto's recent directive targeting foreigners engaged in small-scale trade.

Investments, Trade and Industry Cabinet Secretary Lee Kinyanjui said visa-free entry into Kenya does not automatically give foreign nationals the right to work, trade or operate businesses in the country.

In a statement issued on Sunday, September 6, Kinyanjui said foreigners engaging in employment, trade or business must comply with the country's immigration laws, work-permit requirements and other applicable regulations.

The clarification comes as authorities begin implementing measures announced by Ruto targeting foreigners involved in activities such as hawking and small-scale retail.

Ruto made the remarks on September 2 while addressing micro, small and medium-sized enterprise traders at State House in Nairobi.

He said foreigners should not compete with Kenyans in low-capital activities such as hawking and small retail businesses, arguing that foreign investors should instead concentrate on larger investments capable of creating employment and increasing production.

Ruto directed authorities to begin action against such businesses from September 7 and asked National Assembly Majority Leader Kimani Ichung'wah and Kinyanjui to accelerate consideration of the proposed Local Content Bill, 2025.

The directive triggered uncertainty among foreign traders and workers, particularly over whether it amounted to a blanket ban on foreigners operating small businesses.

Kenya introduced visa-free entry for visitors from around the world on January 1, 2024.

In January 2025, the government also removed Electronic Travel Authorisation requirements for citizens of most African countries.

According to Kinyanjui, the measures have benefited tourism and investment.

However, he stressed that easier entry into Kenya does not remove separate legal requirements governing employment and commercial activities.

The government says some visitors have entered Kenya as tourists or investors and subsequently engaged in activities outside the terms of their immigration status.

Foreign nationals found violating the applicable visa provisions could have their visas revoked, the CS said.

The clarification distinguishes between foreign nationals operating illegally and foreigners who have complied with Kenyan law.

Foreign Affairs Principal Secretary Korir Sing'oei had already said on September 6 that foreigners with the necessary work permits and licences remain legally protected to operate businesses in Kenya.

Sing'oei said reports suggesting that Ruto had ordered a blanket closure of businesses owned by foreigners had taken the President's remarks out of context, arguing that the comments were made in the context of the Local Content Bill currently before Parliament.

Kinyanjui's statement similarly says Kenya remains open to legitimate foreign investors and businesses that operate within the law and contribute to economic growth, employment and development.

The government has also highlighted Kenya's obligations under the East African Community.

Kinyanjui said Kenya remains committed to the EAC Customs Union and the free movement of goods and people among partner states.

Implementation of immigration and work-permit requirements affecting citizens of other EAC countries must take those regional commitments into account.

The government says enforcement will therefore be conducted in accordance with the law, in an orderly and transparent manner and in the spirit of the EAC.

The government has not provided a comprehensive public list of every type of business that will be affected by the September 7 enforcement drive.

Al Jazeera reported that it also remained unclear how the directive would apply to foreigners who already possess valid permits to conduct business.