By Hassan Wekesa - Editor
Kenya, 8 September 2026 - The Kenya National Commission on Human Rights (KNCHR) on Tuesday slammed President William Ruto's directive that foreigners in Kenya involved in small-scale businesses should be targetted.
In a press release, KNCHR expressed concern over the potential human rights implications arising from recent Government directives and public statements concerning foreign nationals engaged in small-scale businesses and trade in Kenya.
"The Commission’s concern follows a directive issued by President William Samoei Ruto on 2 September 2026 regarding the closure of small businesses operated by foreign nationals, as well as a subsequent Press Statement issued on 6 September 2026 by the Cabinet Secretary for Investments, Trade and Industry clarifying the Government’s position on work visa applications for foreign nationals," KNCHR stated.
The Commission is now calling for a human rights-based approach (HRBA) in the enforcement of immigration and business regulations, emphasising the importance of ensuring that all measures undertaken uphold human dignity, equality, non-discrimination, due process and the rule of law.
There has been a backlash after Trade Cabinet Secretary Lee Kinyanjui in a communique on Sunday cited misuse of visa-free entry regulations introduced in January 2024.
He claimed that foreigners must understand that free entry does not automatically translate to being allowed to do business as that impedes legitimate investments in Kenya's economy.
"Persons found in contravention of the applicable visa provisions will have their visas revoked in accordance with the law," CS Kinjanjui said.
The former Nakuru Governor clarified that visa-free entry or exemption from Electronic Travel Authorisation (eTA) requirements does not confer the right to engage in employment, trade or business in Kenya.
Foreigners within various estates across Nairobi on Tuesday morning confided to their Kenyan friends and customers that they were living in fear with some claiming that they were targetted on Monday night by unknown people.
Many foreigners, including Burundians, sell mandazis, chapattis and hawk tea and coffee to residents of major towns, including Nairobi, Mombasa, Kisumu and Busia among other places.
KNCHR stated that it had received reports that foreigners in Miritini, Mombasa County were being attacked by locals, following the government's directive.
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The Commission emphasised that the issue is now a broader national concern and should not be viewed as confined to any particular locality. KNCHR advised the government to ensure compliance with applicable laws as it regulates immigration, employment, trade, investment and commercial activities.
Kenya hosts many migrants and refugees from diverse backgrounds , and premised on that, KNCHR stated that all migration-related measures and enforcement interventions mjust be implemented lawfully, fairly, consistently and without discrimination on the basis of nationality.
"They must comply with the onstitution, applicable legislation and Kenya's regional and international human rights obligations, including the principles of legality, equality before the law, non-discrimination, due process, procedural fairness and protection against arbitrary, discriminatory or disproportionate administrative action," KNCHR noted.
The Commission has cautioned the government agencies against summary enforcement measures that impose punitive consequences on individuals before they are afforded due process, including opportunity to be heard or to challenge decisions through lawful mechanisms.
Members of the public have also been cautioned against taking the law in their own hands.
"No person should engage in physical or or online conduct that threatens, attacks, harrasses, intimidates or otherwise unlawfully interferes with the safety, dignity, rights or lawful activities of foreign nationals," the Commission warned.
The government has been called upon to ensure lawful, rights-based and non-discriminatory enforcement, safegurd vulnerable persons and establish accessible compliance mechanisms, and prevent abuse and strengthen oversight, accountability and protection.