Kenya has moved to contain growing diplomatic and humanitarian fallout from its crackdown on foreign small-scale traders, bringing Burundi and international agencies into a joint response.
Foreign Affairs Principal Secretary Korir Sing’oei on Tuesday said the government had convened a high-level coordination meeting with Burundi Ambassador Evelyne Habonimana, UNHCR Kenya Representative Fatima Mohammed-Cole and IOM Kenya Representative Nomagugu Ncube. The move, he said, seeks to address the humanitarian needs of Burundian nationals.
The meeting came amid growing anxiety among Burundians in Kenya, with hundreds reportedly seeking travel documents to return home following President William Ruto’s directive targeting foreign nationals operating small-scale businesses.
“In the true spirit of East African cooperation, we are working hand-in-hand as one team to ensure order, dignity, and safety for all our brothers and sisters,” Sing’oei said.
The government also confirmed that the regularisation window for affected foreign nationals would run for 90 days, giving them time to regularise their immigration status and businesses.
Sing’oei sought to reassure foreigners that the enforcement campaign would not be allowed to become a source of harassment.
“We strongly guarantee the safety of all foreign nationals; no harassment will be tolerated,” he said.
He also stressed that any return of Burundians would be voluntary.
“Any return exercises will be strictly voluntary, informed, and transparently recorded under our joint coordination,” Sing’oei said.
The government is now constituting a Joint Task Team to respond to emerging issues, bringing together relevant Kenyan authorities and its Burundian and international partners.
The intervention marks a significant attempt to contain the fallout from Ruto’s announcement, which initially triggered panic among foreign traders and accusations of xenophobic harassment, particularly against Burundians.
Sing’oei visited the Burundi Embassy in Nairobi after large numbers of Burundians gathered there seeking assistance and travel documentation.
He assured them of government support to ensure that those affected were properly documented or voluntarily repatriated.
The Burundi government has also raised concerns over the treatment of its nationals.
Foreign Minister Édouard Bizimana warned that continued “hate speech” against Burundians could strain the peaceful coexistence between Kenyans in Burundi and Burundians in Kenya.
Bizimana said Kenya bears responsibility for the safety of Burundians living and working in the country.
The dispute has also drawn interventions from former Burundian diplomats and regional officials.
Former Foreign Minister Amb Alain Nyamitwe called for fair and humane treatment of Burundian small traders, arguing that their situation should be considered within the framework of East African integration.
“The precarious situation of Burundian traders in Kenya should be looked at through Chapter 17 on Free movement of persons, labour, services, right of establishment and residence, of the Treaty for the Establishment of the East African Community,” Nyamitwe said.
Amb Fred Ngoga, senior adviser on international partnerships at the AU Border Programme, questioned the targeting of Burundians, noting that Kenya hosts nationals from several countries.
“Peace and security are strengthened by dialogue, not distance. As East Africa Community, we must manage legitimate national interests, without losing sight of our shared destiny,” Ngoga said.
Ruto’s directive has put the government in a delicate position as it seeks to protect opportunities for Kenyan traders without undermining Kenya’s commitments under the EAC Common Market.
The administration has since sought to clarify that the crackdown does not amount to a blanket ban on foreign nationals doing business in Kenya.
In a statement issued by State House Spokesperson Hussein Mohammed, the government reaffirmed its responsibility to protect economic opportunities for Kenyan citizens while stressing its duty to safeguard the rights and legitimate interests of foreign nationals who are lawfully resident, employed, investing or conducting business in Kenya.
The 90-day regularisation period is intended to give affected foreigners time to comply with immigration, work-permit, business registration and licensing requirements.
“At the conclusion of the 90-day regularisation period, immigration, work-permit, registration and licensing requirements will be enforced firmly and strictly in accordance with the law and due process,” the government said.
But rights groups and regional lawyers have warned that enforcement must not turn into collective targeting based on nationality.
The East Africa Law Society said Kenya has the right to regulate economic activity and enforce immigration, licensing, tax and labour laws, but violations must be assessed on an individual basis.
“A person alleged to have breached Kenyan law should be dealt with on the basis of the applicable law and the circumstances of the individual case … Nationality should not, in itself, be treated as evidence of illegality,” EALS said.
The lawyers’ body said the controversy had implications for the EAC Common Market, which provides for free movement of people, labour and services and the right of establishment.
EALS said the protocol requires member states to observe non-discrimination on grounds of nationality while recognising that foreign nationals remain subject to the laws of the countries in which they operate.
The Kenya National Commission on Human Rights has similarly urged the government to adopt a human-rights-based approach, warning against summary enforcement and collective profiling.
“Enforcement should be based on individualized assessment of specific legal violations, not collective profiling or targeting of foreign nationals, migrants or refugees,” KNCHR said.
The Norwegian Refugee Council has raised another concern, warning that the crackdown could put refugees’ livelihoods at risk, particularly in Nairobi and other urban centres where small-scale trading supports refugee households.
NRC Secretary General Jan Egeland said refugees’ right to earn a living was at risk as part of the crackdown on foreign-owned small businesses.
“NRC is calling for clarity, so that refugees can continue to exercise the legal rights that they already have, and which are vital for people trying to support their families,” Egeland said.
