By GPC Reporter
Kenya’s crackdown on foreign nationals operating small-scale businesses must be carried out within the law and without undermining the rights of East African citizens, a lawyer has said.
Tony Moturi, who is also aspiring to clinch the Nyamira senatorial said there were fears that Kenyans doing business in neighbouring countries could face retaliatory measures.
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Moturi said Kenya must ensure its enforcement of immigration laws is consistent with the Constitution, the East African Community (EAC) Treaty and international agreements protecting migrant workers and human rights.
“The ongoing crackdown on immigrants and foreign nationals specifically from the EAC region residing within our borders must be undertaken within the framework of the Constitution of Kenya, the EAC Treaty and its attendant protocols,” Moturi said.
He said Kenya’s position as an EAC member meant the government had to balance its responsibility to regulate immigration with its regional and international obligations.
“We must uphold our constitutional and international obligations while enforcing the immigration laws,” he said.
Moturi also warned that Kenya’s actions could have consequences for its own citizens living and working across the region.
“Many of our own brothers and sisters live, work, own property, and conduct businesses in other jurisdictions across the region and beyond,” he said.
His comments come as President William Ruto’s directive targeting foreigners operating small-scale businesses takes effect, with the government saying foreign nationals should not compete with Kenyans in businesses such as hawking and small-scale retail.
The directive has particularly unsettled nationals from Burundi, Rwanda, Uganda and other EAC countries who operate businesses in Kenya.
On Monday, hundreds of Burundian nationals reportedly gathered at their embassy in Nairobi seeking travel documents, amid concerns over their businesses and their future in Kenya.
The developments have also triggered a diplomatic reaction from Burundi.
Burundi’s Foreign Minister Édouard Bizimana warned that continued anti-Burundian rhetoric in Kenya could affect relations between the two countries.
“Kenyans live peacefully in Burundi. But if this hate speech against Burundi continues, things will certainly change,” Bizimana said, while placing responsibility on the Kenyan government for the safety of Burundian nationals in Kenya.
Fears for Kenyans in Rwanda, Burundi
The warning has raised concerns among Kenyans living and doing business in Burundi and Rwanda, with fears that Kenya’s crackdown could trigger a tit-for-tat response against Kenyan traders and other businesspeople.
Thousands of Kenyans are engaged in trade, employment and other economic activities across the EAC, making the dispute particularly sensitive at a time when the region is seeking deeper economic integration.
Moturi urged the government to consider the wider implications of its enforcement approach, arguing that immigration policy should not be driven by nationality or retaliation.
“Our approach to immigration must therefore be lawful, humane, non-discriminatory and consistent with the principles of reciprocity, regional integration, human dignity and respect for fundamental rights and freedoms,” he said.
The EAC Common Market framework provides for the movement of workers and other categories of citizens within member states, although individuals must still comply with the applicable laws, immigration requirements and conditions governing employment and business activities.
Kenya has also maintained that visa-free entry does not automatically give foreign nationals the right to work or conduct business without the required permits.
Investments, Trade and Industry Cabinet Secretary Lee Kinyanjui said the government was targeting foreigners operating outside the conditions of their permits and stressed that immigration and work-permit requirements still apply.
Police warn against harassment
As tensions rise, Kenyan police have warned citizens against harassing or attacking foreigners suspected of operating businesses illegally.
Police said they had not received reports of an exodus of Burundians, Rwandans or Congolese from Kenya, despite reports and images circulating on social media suggesting that some foreigners were preparing to leave.
The government’s challenge is to enforce its immigration and trade laws without allowing the exercise to fuel xenophobia or strain Kenya’s relations with its EAC neighbours.
For Kenyans doing business in Rwanda and Burundi, the immediate concern is whether the diplomatic tensions will remain confined to government statements or spill over into restrictions on their livelihoods.
