The Kenyan government has clarified that there is no blanket ban on foreign nationals engaging in business in the country, but warned that those operating businesses must comply with immigration and other applicable laws.
Prime Cabinet Secretary Musalia Mudavadi said Kenya remains open to foreign nationals who wish to work, trade or provide services in the country, provided they obtain the necessary permits and operate within the law.
Speaking during a special ambassadors’ conference in Nairobi, Mudavadi said the government’s position was aimed at balancing regional integration with the enforcement of domestic regulations.
“Kenya is not implementing a blanket ban on foreign nationals engaging in small-scale business, but is seeking to ensure that their participation is consistent with the East African Community Common Market Protocol and applicable national law,” Mudavadi said.
He urged citizens from Kenya’s partner states to ensure they possess valid immigration documents and comply with regulations governing entry, stay and provision of services in Kenya.
“My appeal is that citizens of our partner states should comply with the laws of the country governing their rights of entry, stay, and provision of services within the Kenyan jurisdiction,” he said.
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Regulatory compliance
The government maintained that the ongoing debate surrounding foreign small-scale traders is primarily a matter of regulatory compliance and not discrimination.
An official at the ambassadors’ meeting said Kenya was looking at ways of strengthening structured labour mobility pathways, including through bilateral labour agreements and migration partnerships.
“The issue around small traders in Kenya is a question of regulatory compliance as opposed to any targeting or any discrimination,” the official said.
Mudavadi said Kenya’s approach was informed by its commitments under regional and international frameworks, including the East African Community Common Market Protocol, while also respecting domestic laws regulating trade and employment.
“The objective is to strike an appropriate balance between regional integration and legislative domestic regulations,” Mudavadi said.
The clarification comes amid increased attention on the participation of foreign nationals in small-scale businesses, with the government insisting that enforcement should focus on compliance with existing laws.
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Mudavadi said the government was committed to protecting Kenya’s economy while maintaining a secure and stable environment for both local and foreign investors and businesses.
The government’s latest position signals that foreign nationals will continue to be allowed to engage in economic activities in Kenya, but those wishing to operate businesses or provide services must meet the relevant legal and immigration requirements.
