Kenya: Foreign traders given 90 days to regularise business operations

Kenya has granted foreign nationals running businesses in the country a 90-day window to regularise their documents, as the government moves to tighten enforcement of rules governing foreign participation in small-scale trade.

The government says the 90-day period is intended to give affected traders a structured opportunity to comply with existing laws before enforcement measures are applied.

State House spokesperson Hussein Mohamed said the exercise would be carried out in coordination with relevant government agencies and the embassies of the countries concerned.

He said the process would provide foreign traders with a clear opportunity to put their documentation and business operations in order.

At the end of the 90-day period, Kenya will strictly enforce requirements relating to immigration, work permits, business registration and licences, in accordance with the law and due process.

The announcement follows President William Ruto’s directive last week calling for action against foreigners involved in small-scale businesses such as hawking and small retail.

Ruto argued that such businesses should primarily provide economic opportunities for Kenyan citizens, while foreign investment remains welcome in sectors requiring larger capital and investment.

The directive triggered anxiety among immigrant communities, particularly Burundians and Congolese, with hundreds of Burundian nationals gathering outside their embassy in Nairobi seeking travel documents amid fears of possible harassment, business closures or forced departure.

Kenyan authorities have since sought to reassure foreign nationals that the policy is not intended to encourage xenophobia or unlawful targeting.

Government officials have warned individuals and groups against harassing, threatening or intimidating foreign nationals and their businesses.

Foreign Ministry Permanent Secretary Korir Sing'oei also visited Burundians at their embassy in Nairobi, where he said the regularisation process was intended partly to ensure authorities knew who was living and working in the country and could provide them with protection.

The government is also proposing changes to the Local Content Bill, 2025, which is before Parliament.

The proposed framework would establish clearer rules on foreign participation in small-scale trade and could identify categories of businesses to be reserved for Kenyan citizens, while protecting foreigners who are legally entitled to work, invest or conduct business in Kenya.

The developments have also raised diplomatic concerns.

Burundi’s Foreign Minister Édouard Bizimana has condemned reported harassment of Burundian nationals in Kenya and called on the Kenyan government to protect its citizens. 

For thousands of foreign traders, the 90-day window now provides time to determine whether they can regularise their businesses under Kenya’s existing laws or whether their activities could ultimately fall within sectors reserved for Kenyan citizens.

The government has stressed that protecting opportunities for Kenyan traders and allowing lawful foreign investment are not mutually exclusive, while reaffirming Kenya’s commitment to regional integration and the lawful movement of people, labour, services and capital.