Foreign nationals operating small businesses in Kenya have been given 90 days to regularise their immigration, work permit, business registration and licensing status before the Government begins enforcing the requirements more strictly.
State House Spokesperson Hussein Mohammed announced the window on Tuesday, September 8, explaining that the exercise would give affected foreign nationals an opportunity to bring their businesses and immigration status into compliance with Kenyan law.
“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,” Hussein stated.
The exercise will be coordinated by relevant Government agencies in consultation with the embassies of countries whose nationals are affected.
“The process will be coordinated by the relevant Government agencies, in consultation with the embassies concerned, to provide affected persons with a clear and structured opportunity to regularise their immigration status and business operations in accordance with the law,” he added.
The announcement follows growing anxiety among foreign nationals after President William Ruto directed the Government to address the increasing participation of foreigners in small-scale businesses and informal trade.
The directive came after Kenyan traders raised concerns over foreign nationals operating businesses in areas they argued should provide livelihoods for Kenyan citizens.
According to State House, Ruto reaffirmed the Government’s responsibility to protect and expand economic opportunities for Kenyans, particularly in the micro and small-enterprise sector.
“The President reaffirmed the Government’s responsibility to protect and expand economic opportunities for Kenyan citizens, particularly within the micro and small-enterprise sector that sustains millions of households,” State House stated.
The President subsequently directed that the Local Content Bill, 2025 (National Assembly Bill No. 45 of 2025), currently before Parliament, be expanded to establish a framework governing participation in small-scale trade and enterprise.
The proposed framework will identify categories of economic activities that may be reserved for Kenyan citizens while providing legal certainty and protection for foreign nationals who are lawfully entitled to work, invest and operate businesses in Kenya.
The move has caused uncertainty among some foreign traders, particularly Burundian nationals operating small businesses in Kenya. On Monday and Tuesday, hundreds of Burundians reportedly visited their embassy in Nairobi seeking travel documents and assistance amid concerns over possible harassment and uncertainty about their future in the country.
The Government has now clarified that the enforcement measures do not amount to an immediate order for foreign traders to leave Kenya. Instead, those affected will have a 90-day window to regularise their operations before stricter enforcement begins.
“During this period, the responsible Government agencies will provide the necessary guidance and administer the applicable requirements fairly, consistently, and without discrimination. At the conclusion of the 90-day regularisation period, immigration, work-permit, registration, and licensing requirements will be enforced firmly and strictly in accordance with the law and due process,” the statement stated.
State House also sought to draw a line between lawful Government enforcement and harassment of foreigners. “No individual or group has the authority to harass, intimidate, threaten or interfere with foreign nationals or their businesses,” State House warned, adding that anyone engaging in such conduct would face action under the law.
The Government maintained that protecting opportunities for Kenyan citizens would go hand in hand with safeguarding the rights of lawfully resident foreigners and maintaining Kenya’s openness to legitimate investment.
“Legitimate concerns about economic opportunity can never justify discrimination, excuse lawlessness or sanction violence,” the statement added.
Kenya will also continue to honour its commitments under the East African Community and African Continental Free Trade Area, including the movement of people, labour, services and capital in accordance with applicable laws and regulations.
