Africa’s Growing Divide: Kenya’s Deportation of Small-Scale Foreign Traders

By Osman Ali Hassan

Across Africa, growing restrictions on the movement of people and cross-border trade are deepening economic and social divides, undermining regional integration and challenging the vision of a more connected continent. The recent Kenya’s plan to expel small-scale foreign traders reflects these broader tensions over migration, informal commerce, and economic competition, raising important questions about African solidarity, freedom of movement, and the future of intra-African trade and integration.

On the particular matter and the question of whether Somalis are among the small-scale foreign traders being deported from Kenya has become increasingly important because of recent developments surrounding foreign-owned small businesses, immigration enforcement, work permits, and the protection of opportunities for Kenyan citizens. The issue is particularly sensitive because Kenya has a large Somali population, including Kenyan citizens of Somali ethnic origin, Somali refugees, asylum seekers, permanent residents, and Somali nationals who live, work, trade, or operate businesses in the country. It is therefore important to distinguish between being Somali by ethnicity and being a foreign national of Somali citizenship. A Kenyan citizen of Somali ethnicity is not a foreigner and cannot properly be treated as an undocumented foreign trader simply because he or she is Somali. At the same time, a Somali citizen who does not possess the immigration or work authorization required by Kenyan law may be subject to immigration enforcement like other foreign nationals. The current situation therefore requires a careful distinction between nationality, ethnicity, immigration status, and the legality of commercial activity.

Recent developments in Kenya have created considerable anxiety among foreign small-scale traders. In September 2026, President William Ruto directed authorities to take action against small-scale businesses operated by foreign traders, following complaints from Kenyan traders concerning economic competition, taxation, and the ability of local citizens to earn a livelihood. The government subsequently has halted and announced a 90-day period for foreign business operators to obtain or update necessary documentation, including work permits and business licenses. The government has also emphasized that the initiative is intended to regularize foreign business activity rather than encourage harassment, intimidation, or xenophobia. This distinction is critical when asking whether Somalis are being deported.

At the time of the latest reports, there is no reliable evidence that Kenya has announced a policy specifically targeting Somali nationals for mass deportation because they are Somali small-scale traders. The available reporting has focused heavily on Burundians, many of whom operate informal businesses in Nairobi, and on foreign traders generally. Hundreds of Burundians reportedly sought assistance from their embassy because they feared that the government’s announcement could result in their removal from Kenya. The Kenyan government responded by announcing an amnesty period for undocumented East African nationals and giving them time to regularize their status.

Nevertheless, Somali nationals who operate small businesses in Kenya without the required immigration and work authorization could potentially be affected by the enforcement campaign. This is not because they are Somali, but because they are foreign nationals whose legal status and business authorization may not satisfy Kenyan requirements. Kenya’s Citizenship and Immigration Act provides a legal framework for immigration control and defines a foreign national as a person who is not a Kenyan citizen. The law also provides mechanisms for removing persons whose presence in Kenya is unlawful. It further states that a non-citizen who engages in employment, occupation, trade, business, or a profession without the required authorization may commit an offence.

The legal distinction between a Kenyan Somali and a Somali foreign national is therefore fundamental. Kenya’s Somali community is one of the country’s historically established communities, particularly in northeastern Kenya and major urban centers such as Nairobi, Garissa, Wajir, Mandera, Mombasa, and other parts of the country. Many people who are culturally, linguistically, and ethnically Somali are Kenyan citizens. Their Somali identity does not make them foreigners. A Kenyan citizen running a small shop, restaurant, clothing business, transportation business, import business, or other enterprise is exercising rights associated with Kenyan citizenship. Such a person should not be classified as a foreign trader merely because of appearance, language, religion, family origin, or ethnic background. The situation is different for Somali nationals who entered Kenya from Somalia and have remained in Kenya as refugees, asylum seekers, visitors, workers, investors, or undocumented migrants. Their legal rights and responsibilities depend upon their particular immigration or refugee status. Some Somali nationals have lived in Kenya for many years and may have established families, businesses, homes, community organizations, and social relationships. Long-term residence, however, does not automatically transform a foreign national into a Kenyan citizen. Where citizenship has not been established, the individual may still be subject to immigration requirements.

This distinction becomes particularly important in the context of small-scale trade. Small businesses are often the first economic activity available to migrants who have limited access to formal employment. A foreign national may begin by selling clothing, household goods, food products, electronics, cosmetics, shoes, construction materials, mobile-phone accessories, or other consumer goods. Such businesses can become essential sources of income for entire families. They can also create employment, contribute to local supply chains, pay rent, purchase goods from Kenyan wholesalers, and generate taxes and fees.

At the same time, Kenyan citizens who operate similar businesses may believe that they are being placed at a disadvantage when foreign traders enter markets with greater access to imported goods, international financing, family networks, or cross-border supply chains. The tension between local economic opportunity and immigration rights is therefore not unique to Kenya. Many countries face similar debates when foreign nationals participate in sectors traditionally dominated by local citizens. Governments are often pressured to protect citizens from unfair competition while simultaneously maintaining an environment that welcomes legitimate investment, tourism, regional trade, and foreign workers. The challenge is to enforce economic and immigration laws without turning legitimate regulation into collective punishment against an ethnic or national group.

Kenya’s current situation demonstrates this challenge clearly. President Ruto’s comments created significant fear among foreign communities because the initial message concerning foreign small-scale businesses was understood by some migrants as a possible order for foreigners to leave. The subsequent government clarification was that foreigners with legitimate status and documentation would have an opportunity to regularize their businesses and immigration status. The government also warned against harassment and xenophobia. The government’s decision to provide a period for regularization is significant. Deportation is a much more serious action than requiring a business owner to obtain a license or a work permit. Under Kenyan law, removal from the country is connected to unlawful presence and formal immigration procedures.

The Citizenship and Immigration Act gives the Cabinet Secretary authority to make a written removal order concerning a person whose presence in Kenya is unlawful. The law also provides for detention and judicial review in circumstances involving removal. Consequently, it would be inaccurate to say that every foreign Somali small-scale trader in Kenya is being deported. A person with valid immigration status, appropriate authorization, and lawful business documentation should not automatically be subject to deportation simply because the person is a Somali national. Likewise, a Kenyan citizen of Somali ethnicity is not a foreign national at all. The current policy should therefore be understood primarily through the categories of citizenship, immigration status, business authorization, and compliance with Kenyan law.

However, the fear among foreign traders should not be dismissed. The experiences of Burundians reported in Nairobi demonstrate how quickly government announcements can create uncertainty among immigrant communities. Reuters reported that hundreds of Burundians went to their embassy seeking travel documents because they feared possible expulsion and insecurity. Some reportedly felt unwanted despite the government’s subsequent announcement of a 90-day amnesty and its assurances that registered foreigners would have their rights protected. Somali communities may naturally pay close attention to these developments because of Kenya’s long and complicated history with Somali populations. Somali communities in Kenya have experienced periods of discrimination, security screening, restrictions, and suspicion, particularly during periods of terrorism-related security concerns. The historical record demonstrates why immigration enforcement involving Somalis must be carried out carefully and individually rather than through broad assumptions about ethnicity or national origin.

Read more: Africa’s Growing Divide: Kenya’s Deportation of Small-Scale Foreign Traders

Osman A. Hassan
Email: abayounis1968@gmail.com
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Osman is WardheerNews contributor who writes about East Africa and Horn of Africa affairs

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