Hundreds of foreign traders operating in Kenya were yesterday thrown into panic and uncertainty after President William Ruto last week ordered a crackdown on foreigners engaged in small-scale trade.
The directive, issued on September 2 during a meeting with Micro, Small and Medium Enterprises (MSME) traders, triggered a rush for travel documents, the closure of some businesses and reports of threats and harassment in parts of the country. Ugandan traders were among those who fled Kenya after they reportedly received threats on their lives and businesses following Dr Ruto’s orders.
At the heart of the confusion is what foreigners say they understood as an order to leave and the government’s subsequent clarification that the crackdown is aimed at those operating in violation of immigration, work permit and other regulatory requirements.
Some of the Ugandans, who returned from Kenya, told this publication that errant Kenyans were taking advantage of Dr Ruto’s pronouncements to take the law into their own hands.
Mr Ibrahim Wafula, a Ugandan, who has been dealing with public transport in Embakasi, Nairobi, said he left Kenya after threats to his life and business were imminent.
‘A section of the population in Kenya has a feeling that we have taken their jobs. They were threatening to attack foreigners; that is why I left yesterday,’ Mr Wafula said after crossing the Busia Border yesterday.
Carrying a few of his belongings, including a mattress, a bag and jerry cans, Mr Wafula rode to his home in Namayingo District, Uganda.
He said he abandoned his household items in his rented room in Embakasi.
Across Kenyan towns, the uncertainty spilled into fear, with reports of foreigners keeping away from their businesses, abandoning their homes and, in some areas, alleging harassment and theft.
Burundi Embassy
In Nairobi, hundreds of Burundians turned up at their embassy seeking travel documents and assistance, with some saying they were preparing to return home because they no longer felt safe in Kenya. Long queues stretched outside the mission as anxious traders sought clarity on their status. The scenes came as the government’s enforcement drive took effect on Monday.
Some carried documents and personal belongings while others sought assistance to regularise their stay or obtain papers that would allow them to return home. At the Burundian Embassy, some nationals who spoke to the press said they had left their country in search of economic opportunities and had made Kenya their second home.
‘Our country is small, faced by unemployment and we don’t have much activities taking place there and that is why we struggled to come to Kenya to make our lives better. We have known Kenyans as peaceful people and the best country in Africa but I have not eaten for the last two days when it came to my mind that we are being kicked out,’ said Erick Bizimana, who came to Kenya in 2022.
The government insists, however, that the crackdown is not a blanket order for foreigners to leave Kenya. Officials said the target is those operating businesses without the required work permits, licences or immigration status, while legally documented foreign traders remain protected.
Trade Cabinet Secretary Lee Kinyanjui said some foreigners had been misusing visa and entry arrangements by engaging in business while on investor or tourist status without the required work permits.
‘There has been deliberate misuse of visa applications by some visitors, leading to persons on investor or tourist status engaging in activities contrary to the provisions of the grant, owing to the high number of foreigners involved in the retail and local trade sectors, there is therefore a need to align their activities and ensure compliance with work permit provisions,’ he said.
Mr Kinyanjui said foreigners found to be in breach of immigration requirements would have their visas revoked in accordance with the law.
‘Visa-free entry or exemption from eTA requirements does not in itself confer the right to engage in employment, trade or business in Kenya. Such activities remain subject to the applicable immigration, work permit and other regulatory requirements,’ he said.
Foreign Affairs Principal Secretary Abraham Korir Sing’oei also sought to assure foreigners that
President Ruto’s remarks should not be interpreted as a blanket order against all foreign traders. He said small and large traders and employees of all nationalities who have the requisite documentation, including work permits and licences, are legally protected to operate in Kenya.
‘Burundian nationals and all East Africans and Africans for that matter are free to live in Kenya as long as they conduct their businesses or work according to the requirements of our law,’ he said.
The clarification came as the East African Community dimension of the directive emerged as a major concern, with many of those affected being nationals of neighbouring countries.
National Police Service spokesperson Michael Muchiri also dismissed reports of widespread attacks against foreigners as propaganda, adding that Kenya remained a tolerant country.
‘We have not reported any such incidents in our police stations. Those are speculations and sometimes some of these things can be hyped up,’ Mr Muchiri said.
Formal registration
The government spokesperson, Mr Charles Owino, last evening announced that the government is preparing a formal registration and documentation window for foreign nationals, particularly those from Burundi, whose status may not be regularised.
Mr Owino said the details of the registration exercise would be communicated after consultations with the respective high commissions.
He added that the exercise was linked to the proposed Local Content Bill 2015 and was intended to protect vulnerable sectors of the domestic economy, safeguard local livelihoods and strengthen the integrity of national identification systems.
‘Due to regional dynamics, a number of East African nationals including Burundians, reside and operate in Kenya without full documentation. This leaves them vulnerable to exploitation, health emergencies and unnecessary harassment by law enforcement,’ Mr Owino said.
Crucially, Mr Owino said those undergoing registration would be presumed legally present in Kenya for the duration of the designated registration period. He also issued a warning against harassment and xenophobia.
‘This window is designed to bring our brothers and sisters out of the shadows ensuring they can access health, banking and legal protection without fear. The government maintains a zero tolerance to any form of harassment, intimidation or xenophobia,’ he said.
Many other Ugandans, Congolese and Rwandan nationals were seen crossing to Uganda by bus yesterday.
Ruto’s remarks
While making the remarks last week, Dr Ruto mentioned that he would first meet the Ugandan traders. Dr Ruto said small-scale businesses, like retail trade, should be left To Kenyans.
Viral videos showed Kenyan youths looting food stores of suspected foreigners. Other videos showed motorcyclists suspected to be foreigners being stopped by youths before being seized.
Mr Arnold Kimera, a trader based in Nairobi commonly known as King of Errands, said many Ugandan traders didn’t open their shops yesterday for fear of being a victim of looting.
‘The situation was not so bad for Ugandans today compared to Burundians. Burundians have been hawking tea and mandazi on all streets. They were the main target because they are in public display. Most Ugandans operate in shops. They didn’t open their shops today,’ Mr Kimera said yesterday.
He said Burundians take on odd jobs in the markets and on construction sites, and accept very low wages, which angers their local competitors.
He said Ugandans operate saloons, garment shops, food stores and boda bodas.
‘Ugandans aren’t sure of what will happen tomorrow from their local competition,’ he said.
Curiously, Kenya, a member of the East African Community, assented to the free movement of goods and people across the Customs Union.
Mr Kinyanjui said Kenya will consider the EAC Customs Union protocols while dealing with citizens of EAC partner states.
The Former National Resistance Movement chairman for Eastern Uganda, Capt Mike Mukula, yesterday condemned Dr Ruto’s actions against foreigners from Africa, saying the Kenyan president is opening a Pandora’s Box.
‘These small people – hawkers and vendors – aren’t taking jobs from Kenyans. They are just business peddlers, which can be done by anyone. If he wanted to solve this problem well, he would have taken the issue to the EAC’s heads of state and told them that too many of their citizens have flocked to his country and are causing political and economic challenges. The heads of state would have resolved the issue,’ Capt Mukula said.
Sunday chaos
Mr David Irangagisha, who has been hawking bed sheets in Eldoret, Bungoma and Homa Bay in Kenya, said he fled on Sunday when he heard that youth had started attacking and looting businesses belonging to non-Kenyans.
‘They were attacking and threatening to take my merchandise without paying. That is when I left,” he said.
Mr Musirimu Balikowa, an owner of a shop in Kenya, said he returned without carrying any item from his shop.
‘People have been forced to leave without carrying any of their belongings and merchandise,’ Mr Balikowa said.
‘The ultimatum given by President Ruto was too short, and that is why many of us have been forced to leave behind our property,’ Mr Balikowa said.
Capt Mukula said in the violent 2007 Kenya General Elections, many Kenyans fled to Uganda, and they were received well before they were integrated into the community.
‘Many Kenyans joined businesses, farming and services. Some of them have never returned to Kenya. No one is bothering them in Uganda,’ he said.
He said if the late Raila Odinga, the former Prime Minister of Kenya, were still alive, he wouldn’t have allowed such discrimination to happen in Kenya.
‘We call upon the community to sober up, especially Kenya. African fundamentals are unstable. It is important that this issue is handled at the highest level…,’ Capt Mukula said.
Kenya’s presidential advisor Prof Makau Mutua, however, defended his government’s position, arguing that requiring foreigners to regularise their status and comply with the law was not xenophobic.
Citizens from several African countries with economic and political instabilities are flocking to stable economies in their regions, causing competition in the labour market and small-scale businesses.
Recently, the South African government and its local allies embarked on a deportation campaign of illegal aliens, which prompted locals to turn violent against foreigners, whether they were documented or not.
Ugandans were among the victims. More than 1,000 Ugandans who had been left homeless were evacuated by the Ugandan government.