Kenya has moved to diffuse a backlash from last week’s statements by President William Ruto, with Uganda and non-state agencies backing the new stance. The tone of the voices from within the Kenyan public, non-governmental organisations, and officials in some East African Community partner states was clearly in response to a five-day ultimatum to non-Kenyans to quit “low capital” businesses.
The statement immediately caused panic, setting non-Kenyans, especially East Africans, rushing to their country embassies mainly for protection and to process documents to leave the country, as reports of attacks also led to the closure of businesses by foreigners.
The directive, which drew some support from some Kenyans, also caused internal critical verbal attacks on the president and his government, for “threatening the brotherhood, good neighbourliness” and the EAC integration. Other private voices in other countries threatened retaliation targeting Kenyan nationals doing petty business outside Kenya.
The government has since changed its stance and directed non-Kenyans to regularise their stay in the country and formalise their businesses by getting documents granting their freedom to operate.
In his quarterly diplomatic brief on Thursday morning, Prime Cabinet Secretary Musalia Mudavadi repeated assurances to foreign nationals that Kenya remained open to both small and large-scale trade, but warned them to comply with the country’s immigration and work regulations.
“The directives should be understood as measures aimed at protecting vulnerable sectors of our economy, promoting fair competition and securing sustainable livelihoods of Kenyan citizens,” Mudavadi said, urging Kenyans in other countries to regularise their stay and business activities in those countries.
“This is a global practice. Equally, Kenyan citizens in our partner states are also called upon to comply with similar laws and regulations in the territories of their current residence,” he said, warning against harassment of foreign nationals and their businesses. “Therefore, anyone who threatens or interferes with foreign nationals or their businesses will face immediate and the full force of the law. Kenya’s approach is therefore more regulatory rather than discriminatory,” he said.
From the original five-day ultimatum that ended Monday, the government has given the migrants a 90-day grace period to do this, though worries continue over individual civilian actions against the foreigner, with Burundians particularly more vulnerable.
Deputy Prime Minister and Minister for East African Community Affairs, Rebecca Kadaga, welcomes the regularisation of small business operations and has urged Ugandans in Kenya to take advantage of the 90-day window, which she says is not an expulsion order but a directive to “Organize yourself and get the necessary documents.” She says that even under a Common Market, individual states still have national laws until the EAC becomes a federation.
”So, we still have our sovereign obligations and sovereign rights. But the community protocol allows people to move and work and establish in different partner states. But I think you need to do it through the proper means,” Kadaga says.
She adds that every EAC citizen has a right to move to and do business in any partner state, but national laws should apply. ”You should apply to inform the partners that I’ve come to stay in your country. I’m so-and-so; I’m an East African from Burundi. I’m coming to do ABCD here, so that you know where you are. That right is under the Common Market Protocol. So, it’s part of the integration process, but all they are saying is Regularize your stay in the country.”
The government in Nairobi has pledged that during this period, its agencies will assist traders fairly and without discrimination, insisting that the policy aims to protect local economic opportunities while upholding lawful foreign investment.
While the work permit for East Africans in Kenya is free, it is supposed to be renewed annually for 5,000 shillings (146,000 Ugandan shillings). The Network Against Human Trafficking and Smuggling of Migrants (NAHUSOM) urges that as the government implements its decision, it must ensure the protection of all affected persons, especially from criminals taking advantage.
“NAHUSOM doesn’t dispute the State’s authority to regulate business activity within its borders. However, as a network mandated to safeguard migrants, refugees and survivors of trafficking, we are concerned that a blanket closure directive under this notice, if not implemented with clear safeguards, risks pushing already vulnerable populations including refugees, asylum seekers and undocumented migrants out of legitimate livelihoods and into informal, unregulated and unsafe alternatives.” Nimo Ali, Executive Director of Candle of Hope Foundation, one of the member organisations.
The Kenya National Commission on Human Rights (KNCHR) reported receiving petitions from refugee and other migrant communities around the country alleging threats, intimidation and other forms of discrimination.
Amnesty Kenya, the Kenyan chapter of Amnesty International, in its statement led with “Stop economic scapegoating. Stop xenophobia,” noting that regional neighbors are not the enemy and that EAC integration entails free movement and equal treatment.
The statement issued Wednesday affirms Kenya’s right to regulate business and immigration but demands actions remain lawful, proportionate, non-discriminatory, and aligned with the Constitution, EAC Common Market Protocol, and free movement commitments. While Amnesty Kenya welcomed the ninety-day window and the government’s restated commitment to regional and continental commitments, it says this is not a guarantee of restored rights of the affected.
”This is a reprieve, not a remedy. It is unfortunate that in the six days between the pronouncement and the deadline, hundreds of Burundian nationals queued outside their embassy in Nairobi for emergency travel documents, businesses closed, and traders reported threats, harassment and the loss of property from their homes.”
Tanzania’s foreign ministry has taken a more cautious approach, saying it is studying the situation mainly to see whether the businesses targeted by the directive fall under the provisions of the EAC Common Market Protocol. With some properties damaged, some businesses closed and other non-Kenyans having left the country already, human rights organisations say the government’s explanations and the 90-day formalisation window have come a little too late-URN. Give us feedback on this story through our email: kamwokyatimes@gmail.com
