By Stacey Akeyo
For foreign traders in Kenya, the past week has been a journey from uncertainty to clarification. But while the government has moved to explain who can stay, work and trade in the country, some migrants say the fear triggered by the crackdown has not disappeared.
President William Ruto’s directive targeting foreign nationals operating small-scale businesses and hawking sparked anxiety among migrant communities, particularly Burundians. Hundreds sought travel documents at the Burundian Embassy in Nairobi, with some saying they wanted to return home because they no longer felt safe.
The government later announced a 90-day window for foreign nationals to regularize their immigration status, work permits, business registration and licenses, while assuring them that harassment and xenophobia would not be tolerated.
But for human-rights groups, the assurances came against concerns over what some foreign nationals had already experienced.
On September 9th, the Kenya Human Rights Commission called for an end to what it described as xenophobic violence against migrant workers, saying the 90-day window came too late for those who had already faced attacks and beatings.
Executive Director of the Kenya Human Rights Commission Davis Malombe, said victims of the reported violations should receive remedies, including adequate compensation and guarantees against repetition. The Commission said it was documenting those affected and calling for reparations.
The issue also raised concerns beyond individual safety, with questions over Kenya’s commitments to East African integration.
Coordinator of the East Africa Tax and Governance Network Leonard Wanyama, warned that measures targeting foreign nationals could undermine regional integration and the principle of equality and non-discrimination.
“Measures that stigmatize foreign nationals, or encourage hostility towards them, risk undermining regional integration and the principle of equality and non-discrimination.”
A day later, on September 10th, Prime Cabinet Secretary and Foreign Affairs Cabinet Secretary Musalia Mudavadi offered further clarification on the government’s position.
Mudavadi said EAC citizens can continue to live, work, trade and invest in Kenya as long as they comply with the law. He clarified that eligible EAC nationals can apply for the Class R Permit free of charge and urged applicants to use official government channels rather than intermediaries.
He also distinguished the Class R Permit from the separate registration requirement for foreign nationals who have stayed in Kenya for more than 90 days.
“Our EAC brothers and sisters should continue to come to Kenya, invest, trade, work and contribute to our economy.”
The message from government is now clearer: Kenya remains open to EAC nationals who meet the requirements, while foreign traders are expected to regularize their status and comply with the law.
But clarity on the rules does not necessarily mean the fear has disappeared.
For some Burundians who spent the week seeking travel documents or worrying about their safety, the experience has left a deeper question about whether they still feel secure enough to remain in Kenya.
Recent reporting has captured traders who, despite the government’s assurances and 90-day window, continued to consider returning home.
For Kenya, therefore, the issue has moved beyond whether foreign traders should have the correct documents. It is now also about whether enforcement can take place without harassment, whether affected migrants feel protected, and whether the government’s assurances will translate into confidence on the ground.
