Full Breakdown
Kenya Shifts Foreign Trader Crackdown to 90-Day Regularisation After Widespread Backlash
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The Directive and Immediate Fallout
Enforcement began on September 7, 2026 as scheduled. The order triggered an exodus of foreign traders, especially from Burundi. Hundreds gathered outside Kenya’s Burundi embassy in Nairobi seeking emergency travel documents, while families were split as spouses returned home. In Nairobi’s Majengo neighbourhood, resident Grace Wamaitha said her Burundian husband left the day after the directive, leaving her to support five children alone.
Regional Context and Legal Framework
Kenya is a member of the East African Community (EAC), whose Common Market Protocol guarantees free movement of people, goods and services among the eight partner states, subject to national work-permit and licensing requirements. Kenyan immigration law recognises the right of refugees and migrants to work, but mandates registration and an annual renewal fee (Ksh 5,000).
Government Response and Policy Adjustment
Following the backlash, the government introduced a 90-day regularisation window for undocumented foreign traders to register and obtain permits. Prime Cabinet Secretary Musalia Mudavadi said Kenya is not imposing a blanket ban but is enforcing immigration, work-permit, registration and licensing rules. Foreign Affairs Principal Secretary Abraham Korir Sing’Oei visited the Burundi embassy, apologised for any violence, and assured protection for Burundian nationals. Traders who complete registration will be presumed to be living legally during the process.
Human-Rights and Civil-Society Concerns
Human-rights groups warned that the original closure order could push vulnerable migrants into unsafe informal work. The Network Against Human Trafficking and Smuggling of Migrants (NAHUSOM) called for safeguards against exploitation. Amnesty Kenya described the situation as “economic scapegoating” and urged lawful, proportionate enforcement, noting property damage and intimidation in the six-day window before the deadline. The African Commission on Human and Peoples’ Rights (ACHPR) urged Kenya to investigate attacks on Burundian traders and to uphold the African Charter’s non-discrimination guarantees.
Criticism from Regional Actors
Deputy Prime Minister and Minister for East African Community Affairs Rebecca Kadaga warned that the grace period should not be read as an expulsion order, stressing that EAC citizens retain movement rights but must comply with national laws. William Thegeya, Secretary-General of the Kenya Diaspora in South Africa (KEDASA), cautioned that rhetoric targeting foreigners could fuel xenophobia abroad, endangering Kenyan migrants elsewhere.
Data & Statistics
- United Nations estimates ? 16,000 Burundian migrants and refugees reside in Kenya, many operating street businesses.
- “Hundreds” of Burundian traders were reported outside the embassy after the September 2 announcement.
- Work-permit renewal fees are Ksh 5,000 (about Shs 146,000).
- Kenya’s informal sector employs roughly 17.4 million people, with 8 in 10 engaged in registered activities.
What’s Next
Kenya will host the fourth COMESA-EAC-SADC Tripartite Summit in Nairobi, where leaders will discuss implementation of the African Continental Free Trade Area (AfCFTA) and regional integration. Officials said the summit will be an opportunity to balance domestic regulatory enforcement with the EAC’s free-movement commitments.
Verbatim Quotes
- “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,” — Musalia Mudavadi
- “Even under a Common Market, individual states still have national laws until the EAC becomes a federation,” — Rebecca Kadaga
- “KEDASA's concern is not about whether foreign nationals should comply with Kenyan law. They absolutely should. Our concern is that law enforcement must target unlawful conduct, not nationality itself,” — William Thegeya
- “Anyone who threatens or interferes with foreign nationals or their businesses will face immediate and full force of the law,” — Musalia Mudavadi