The Directorate of Criminal Investigations (DCI) has arrested a 32-year-old man over remarks allegedly targeting Burundian nationals living and working in Kenya, as the government moves to address the legal status of foreigners operating small-scale businesses across the country.
The arrest of Kevin Odiwuor Otieno, alias Engineer Kevin, comes amid heightened tensions among foreign traders following a government directive requiring them to regularise their immigration, work permit, business registration and licensing status.
In a statement issued on Tuesday, September 8, the DCI disclosed that detectives from its Buruburu office arrested Otieno over remarks they believe were intended to promote ethnic hatred, hostility and violence against Burundian nationals.
"Detectives drawn from DCI Buruburu have arrested a 32-year-old man over remarks intended to incite ethnic hatred, hostility and violence against Burundian nationals living and working in Kenya," the agency stated.
The remarks were allegedly made at Jacaranda Grounds in Kayole during a Bunge la Mwananchi event. They were later recorded and widely circulated on social media, prompting detectives to open investigations.
Preliminary investigations established that the utterances were directed at Burundian nationals residing in Kenya and involved in various economic activities, including employment.
Detectives are examining the circumstances surrounding the remarks and the suspect's alleged intent as they determine the appropriate charges.
Otieno is expected to face a hate speech charge under Section 13(1)(a), read together with Section 62 of the National Cohesion and Integration Act. Additional charges could also be preferred depending on the outcome of the ongoing investigations.
The arrest comes as the government seeks to reassure foreign nationals that its crackdown is focused on compliance with Kenyan laws rather than targeting specific nationalities. On Tuesday, State House warned Kenyans against harassing, intimidating or interfering with foreigners and their businesses during the enforcement exercise.
"No individual or group has the authority to harass, intimidate, threaten or interfere with foreign nationals or their businesses," State House stated, warning that individuals involved in such conduct would face legal action.
The government's warning followed the launch of a crackdown on foreigners allegedly operating businesses unlawfully in Kenya, following President William Ruto's directive issued on September 2.
The enforcement exercise triggered anxiety among some foreign traders, particularly Burundian nationals working as hawkers and operating small businesses. Some Burundians reportedly sought assistance at their embassy in Nairobi amid fears of harassment, while others were captured at bus stations as they attempted to leave the country for Bujumbura.
To ease the concerns while allowing authorities to establish compliance, President Ruto on Tuesday announced a 90-day window for foreign traders to regularise their status.
"Every person conducting business in Kenya is required to comply with applicable immigration, work-permit, registration and licensing requirements. Over the next 90 days, the Government will conduct an orderly regularisation exercise to facilitate compliance," read a State House statement issued on September 8.
The exercise will be coordinated by relevant government agencies in consultation with the embassies of affected countries.
The government has maintained that foreign nationals conducting business in Kenya must meet the same legal requirements applicable to their activities, including having the appropriate immigration status, work permits and business licences.
At the same time, authorities have cautioned Kenyans against using the crackdown as an opportunity to target foreigners. The DCI reiterated that Kenya is home to people from different ethnic communities and nationalities and warned that conduct intended to promote hatred, hostility or violence would not be tolerated.
The agency further cautioned members of the public against taking the law into their own hands and pledged to monitor public gatherings and online platforms for content that could undermine national cohesion and public order.
Otieno is expected to be arraigned in court on Wednesday, September 9, where the charges against him are expected to be presented.
