In a statement issued on September 8, State House said the government would conduct an “orderly regularisation exercise” over the next 90 days to allow affected foreign nationals to comply with the law.
The exercise will be coordinated by relevant government agencies in consultation with the embassies concerned.
“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,” State House Spokesperson Hussein Mohamed said.
The announcement comes after days of uncertainty among foreign traders, particularly Burundians living in Kenya, following concerns that Ruto’s directive targeting foreign participation in small-scale businesses could force them to shut down their operations or leave the country.
Long queues were reported outside Burundi’s embassy in Nairobi on Monday as some Burundian nationals sought emergency travel documents amid uncertainty over their future in Kenya. Some were also seen trying to secure transport back home.
The Kenyan government has, however, sought to reassure foreign nationals that there is no blanket ban on foreign traders.
State House said Ruto had received representations from Kenyan traders over the growing participation of foreign nationals in small-scale businesses and informal trade, and the impact this was having on Kenyans who depend on such activities for their livelihoods.
The President subsequently directed that the Local Content Bill, 2025, currently before Parliament, be expanded to establish a clear framework governing participation in small-scale trade and enterprise.
Under the proposed framework, some categories of economic activity could be reserved for Kenyan citizens, while foreign nationals legally entitled to work, invest or conduct business in Kenya would continue to receive protection.
“Kenya will protect economic opportunities for its citizens, especially within the micro and small-enterprise sector, while remaining open to lawful foreign investment, enterprise and employment,” Mohamed said.
The government stressed the two objectives were complementary and would be pursued in line with Kenya’s Constitution, laws and international obligations.
It also warned against harassment or attacks targeting foreign nationals and their businesses, saying the enforcement and interpretation of the law remained the responsibility of authorised State agencies.
“No individual or group has the authority to harass, intimidate, threaten or interfere with foreign nationals or their businesses,” the statement said, warning that those engaging in such conduct would face action under the law.
The clarification follows reports of growing anxiety among Burundians and other East African nationals living in Kenya, with concerns that hostility towards foreign traders could escalate into xenophobic attacks similar to those witnessed in South Africa.
Burundi’s Foreign Affairs Minister Edouard Bizimana had raised concerns over reports of harassment and warned that continued hate speech against Burundians could have wider consequences.
A senior Kenyan foreign affairs official, Korir Sing’oei, also apologised to Burundian nationals who had faced harassment, saying the President’s directive had been misunderstood.
The Kenyan government has now said the 90-day regularisation period will be administered fairly, consistently and without discrimination, while reaffirming the country’s commitment to the East African Community, regional integration and the free movement of people, labour, services and capital within applicable legal frameworks.
The government is also expected to use the period to clarify which categories of small-scale businesses could eventually be reserved for Kenyan citizens under the proposed legislative framework.
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