Kenya has given foreign nationals running businesses in the country 90 days to regularise their immigration status, work permits, business registration and lic...
Kenya has given foreign nationals running businesses in the country 90 days to regularise their immigration status, work permits, business registration and licensing requirements, after concerns over foreign participation in small-scale businesses.
The Kenyan government said the 90-day period would provide foreign business operators with an opportunity to ensure that their documents are in order before authorities begin enforcing the relevant requirements. The government said enforcement after the deadline would be carried out in accordance with the law and due process.
Presidential spokesperson Hussein Mohamed said government agencies would conduct an orderly regularisation exercise over the 90-day period. He said the process would involve cooperation with foreign embassies as authorities work to ensure that foreign nationals operating businesses in Kenya comply with immigration, work permit, registration and licensing requirements.
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“Every person conducting business in Kenya is required to comply with applicable immigration, work-permit, registration and licensing requirements,” Mohamed said, according to Associated Press. He said the government would use the 90-day period to facilitate compliance.
The announcement follows remarks by President William Ruto about foreign nationals operating small businesses in Kenya. Ruto had called for action against small-scale businesses operated by foreign traders, following complaints from Kenyan traders who said foreigners were competing with them. He also directed lawmakers to consider measures governing foreign participation in small businesses.
The government has said the exercise is aimed at bringing foreign nationals and businesses into compliance with Kenyan law. The announcement comes at a time when there has been increased concern among some foreign communities in Kenya about their ability to continue operating businesses and remaining in the country.
The Directorate of Immigration Services confirms that foreign nationals who want to engage in business or employment in Kenya require the appropriate permit or pass. Its official information states that work permits allow foreign nationals to engage in activities including trade, business and professional employment, depending on the class of permit issued.
Kenya’s immigration authorities also state that engaging in business or employment without the required permit or pass is an offence. Applications for permits and passes are submitted through the government’s electronic Foreign Nationals Services platform, known as eFNS.
The government has also sought to reassure foreign nationals that the regularisation exercise is not intended to encourage harassment or violence against them. Mohamed warned against threats, intimidation and xenophobia and said the government would protect the rights of foreigners who are legally registered.
The announcement has nevertheless caused concern among some foreign communities, particularly Burundian and Congolese nationals. Reuters reported that hundreds of Burundians went to their embassy in Nairobi seeking travel documents after fears of a crackdown on foreign traders grew. Some said they wanted to return home because they did not feel safe remaining in Kenya.
The Kenyan government has described the 90-day period as a temporary opportunity for undocumented East African nationals to regularise their status. Reuters reported that the government said undocumented people should use the period to register and regularise their stay, while authorities would begin enforcement after the three months had elapsed.
Foreign nationals who operate businesses therefore face several requirements under the new regularisation exercise. These include ensuring that their immigration status is valid, obtaining the appropriate work permit, registering their businesses where required and securing the necessary business licences. The government’s stated position is that these requirements will be enforced after the 90-day period.
The issue has also raised wider questions about the role of foreign nationals in Kenya’s small-business sector. According to AP, some Kenyan traders have complained that foreign nationals have established small businesses and taken jobs that they believe should be available to local citizens. Ruto has responded by directing lawmakers to examine legislation dealing with foreign participation in small businesses and possible sectors that could be reserved for Kenyan citizens.
At the same time, the Kenyan government has said that foreigners who are legally registered and working in sectors where they are permitted to work will continue to have their rights protected. The administration has also stressed that there should be no discrimination, lawlessness or violence against foreign nationals during the regularisation process.
The government now has 90 days to carry out the regularisation exercise before the stated enforcement phase begins. Foreign nationals operating small-scale businesses are expected to use the period to check their immigration documents, work permits, business registration and licences and take steps to correct any outstanding requirements.
Kenya’s immigration system provides an online platform through which foreign nationals can apply for permits and other immigration services. The Directorate of Immigration Services says applications are submitted through eFNS, with applicants required to provide the necessary documentation before applications can be processed.
The 90-day deadline therefore marks a period of regularisation rather than an immediate enforcement operation. The government has said the process will be conducted according to the law and due process, while also warning that immigration, work-permit, registration and licensing requirements will be enforced after the deadline.
For foreign nationals running small businesses in Kenya, the immediate priority is to establish whether their immigration status, work permits, business registration and licences meet the country’s legal requirements. The government has made clear that those requirements will be subject to enforcement once the 90-day regularisation period ends.
