State House has announced a 90-day window for foreign nationals running businesses in Kenya to regularise their immigration and licensing status, softening last week’s enforcement deadline while firmly warning Kenyans against taking the law into their own hands.
State House Spokesperson Hussein Mohamed announced the reprieve in a statement issued on Tuesday, September 8, explaining that the period is meant to give affected foreign nationals an opportunity to bring their businesses and immigration status into full compliance with Kenyan law before stricter enforcement begins.
“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,” Mohamed said.
According to the statement, the exercise will be coordinated by relevant government agencies in consultation with the embassies of the affected countries, with requirements administered “fairly, consistently, and without discrimination” throughout the period.
Once the 90 days expire, immigration, work-permit, registration and licensing rules will be enforced “firmly and strictly” in accordance with the law and due process.
The announcement follows President William Ruto’s directive on September 2 targeting foreign-run small businesses, a move that triggered a wave of reported harassment against foreign traders in the days that followed, with some subjected to ridicule, discrimination and financial difficulty, forcing a number to seek refuge at their own embassies.
In response, State House drew a firm line against vigilante action, stressing that only authorised state agencies hold the power to enforce the law.
“No individual or group has the authority to harass, intimidate, threaten or interfere with foreign nationals or their businesses. Any person who engages in such conduct will face firm action in accordance with the law,” the statement said, adding that legitimate grievances over economic opportunity could not be used to justify discrimination or unlawful conduct against foreign nationals.
According to Mohamed, the directive traces back to complaints Kenyan traders raised directly with the President during an engagement last week, where they flagged the growing presence of foreign nationals in small-scale and informal trade, and its effect on Kenyans who depend on that sector for their livelihoods.
Ruto 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, while also affirming the government’s duty to safeguard the rights of foreign nationals lawfully resident, employed, investing or doing business in the country.
As part of the response, Ruto has directed that the Local Content Bill, 2025 (National Assembly Bill No. 45 of 2025), currently before Parliament, be expanded to set out clearer rules on who can participate in small-scale trade.
According to the statement, the expanded Bill will identify specific categories of economic activity that may be reserved for Kenyan citizens, while also providing legal certainty and protection for foreign nationals operating lawfully in the country.
State House was explicit that the measures are not intended as a blanket exclusion of foreigners.
“Kenya will protect economic opportunities for its citizens, especially within the micro and small-enterprise sector, while remaining open to lawful foreign investment, enterprise and employment,” Mohamed said.
The government also moved to reaffirm Kenya’s wider regional commitments alongside the domestic policy shift, stressing continued support for the East African Community, regional integration and continental cooperation.
It said Kenya would keep facilitating the movement of people, labour, services and capital under existing legal and regulatory frameworks, while continuing to advance integration through the African Continental Free Trade Area and other continental cooperation mechanisms.
For foreign traders, particularly Burundian nationals and others from the region who had flocked to their embassies amid the uncertainty of the past week, the 90-day window offers a clearer, calmer path to compliance than the abrupt September 7 deadline originally set.
Email your news TIPS to Editor@nairobilawmonthly.com, and to advertise with us, call +254715061658 anytime of the day
