- Trade CS Lee Kinyanjui says visa-free entry does not allow foreigners to work or trade without permits.
- The government says some visitors have misused tourist or investor status to engage in unauthorised business activities.
- The clarification follows President William Ruto’s directive targeting foreigners operating small-scale businesses without proper documentation.
The government has clarified that visa-free entry into Kenya does not automatically give foreign nationals the right to work, trade or operate businesses, as authorities move to enforce immigration and work permit requirements.
Cabinet Secretary for Investments, Trade and Industry Lee Kinyanjui said foreigners seeking to engage in employment, trade or business must comply with immigration laws, obtain relevant work permits and meet other regulatory requirements.
In a press statement dated September 6, 2026, Kinyanjui said the clarification followed President William Ruto’s pronouncement on work visa applications for foreigners.
“Visa-free entry or exemption from eTA requirements does not in itself confer the right to engage in employment, trade or business in Kenya,” Kinyanjui said.
He said such activities remain subject to immigration, work permit and other regulatory requirements.
Kinyanjui said the government had established cases in which some visitors entered Kenya under one immigration status but subsequently engaged in activities outside the conditions attached to their stay.
“There has been deliberate misuse of visa applications by some visitors, leading to persons on investor or tourist status engaging in activities contrary to the provisions of the grant,” he said.
The CS said the problem was particularly significant because of the large number of foreigners involved in retail and local trade.
“Owing to the high number of foreigners involved in the retail and local trade sectors, there is therefore a need to align their activities and ensure compliance with work permit provisions,” he said.
Foreign nationals found operating contrary to the conditions attached to their immigration status risk having their visas revoked in accordance with the law, according to the ministry.
The clarification comes amid heightened scrutiny of foreigners operating small-scale businesses in Kenya following remarks by President Ruto on September 2.
Speaking during a meeting with micro, small and medium enterprise traders at State House, Nairobi, Ruto directed authorities to act against foreigners engaged in hawking and other small businesses without the necessary documentation.
The President said local traders had complained about competition from foreigners operating in sectors such as hawking and small-scale retail, and indicated that enforcement would begin from September 7.
Foreign Affairs Principal Secretary Korir Sing’oei later said reports portraying the directive as a blanket ban on foreign traders had taken the President’s remarks out of context. He said foreigners with proper work permits and licences remained legally entitled to operate businesses in Kenya.
EAC citizens to be considered under regional commitments
Kinyanjui also sought to address concerns over how the directive could affect nationals of East African Community partner states.
“Kenya is a signatory to the East African Community and has assented to the free movement of goods and people across the Customs Union,” he said.
He said Kenya’s regional commitments would remain an important consideration as immigration and work permit requirements are implemented for EAC citizens.
“The enforcement and implementation of the directive will be in compliance with the law and will be conducted in an orderly and transparent manner, and also in the spirit of the East African Community,” Kinyanjui said.
The government maintained that the measures were not intended to close Kenya to genuine foreign investment.
Kinyanjui said Kenya remained open to legitimate investors and businesses operating within the law and contributing to economic growth, employment and development.
Background
The clarification comes days after President William Ruto ordered a crackdown on foreign nationals engaged in hawking, small-scale retail and other low-capital businesses in Kenya.
Speaking during a meeting with Micro, Small and Medium Enterprises traders at State House, Nairobi, on September 2, Ruto said foreigners should bring investment that creates jobs rather than compete directly with Kenyans in small-scale businesses.
“From next week, all traders doing those small businesses should close them,” Ruto said, adding that the government had worked to attract serious investors rather than foreign hawkers and petty traders.
The President referred to complaints about foreign nationals selling goods such as duvets and other merchandise directly to consumers, arguing that such activities were competing with Kenyan hawkers and small retailers.
His remarks caused particular concern among Burundian nationals, many of whom operate in Kenya’s informal economy, including small retail, hawking and food-and-beverage businesses. By September 7, hundreds of Burundians had gathered at their embassy in Nairobi seeking travel and other documentation amid uncertainty over the enforcement exercise. Reuters reported that some were preparing to return home following the President’s directive.
The directive also raised questions over Kenya’s obligations under the East African Community framework, which promotes regional movement and economic integration. Foreign Affairs Principal Secretary Korir Sing’oei subsequently said the President’s remarks had been taken out of context and clarified that foreign nationals with the required work permits and business licences remained legally protected to operate in Kenya.
Kenya introduced a visa-free entry regime on January 1, 2024, replacing conventional visa requirements for most visitors with the Electronic Travel Authorisation system. In January 2025, the government approved the removal of eTA requirements for citizens of most African countries.
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However, visa-free entry or exemption from eTA requirements does not automatically authorise a foreign national to work or conduct business in Kenya. Employment and business activities remain subject to immigration law, work permits, business licences and other regulatory requirements.
By Joseph Mambili
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