Makau Mutua: Enforcing foreign-trader rules not xenophobic, but ‘responsible governance’

NAIROBI, Kenya, Sept 7 — President William Ruto’s push to enforce laws governing foreign nationals working and doing business in Kenya is not xenophobic, but a legitimate exercise of state authority, his senior constitutional affairs adviser Makau Mutua has said.

Mutua, Senior Advisor on Constitutional Affairs to President Ruto, said foreigners should be required to regularize their status, comply with Kenyan laws and engage in economic activities that contribute to the country.

“Asking foreign nationals to be regularized and follow the law — and to engage in activities that add value to a country — is neither xenophobic nor violative of any known law — but responsible governance,” Mutua said.

“Otherwise, why would a state exist if it couldn’t control its borders?”

His remarks come amid growing debate over Ruto’s warning that foreigners could be barred from certain categories of business, particularly small-scale retail and informal trade, where local traders have complained of unfair competition.

The President’s remarks have generated concern among some foreign nationals, particularly from neighbouring countries, prompting the government to clarify that it is targeting non-compliance rather than nationality.

Foreign Affairs Principal Secretary Korir Sing’oei said Ruto’s remarks had been “taken out of context”, explaining that the President was responding to debate on the Local Content Bill currently before Parliament.

“President’s statement has been taken out of context, as he was responding to ongoing debate on the Local Content Bill presently before Parliament,” Sing’oei said.

He assured foreign nationals legally operating in Kenya that they remained protected provided they possessed the necessary documentation.

“As such, we assure that small or large traders & employees of all nationalities, with requisite documentation—work permits & licenses—are legally protected to operate in Kenya,” he said.

Sing’oei also sought to reassure citizens of Burundi and other African countries amid uncertainty over the government’s position on foreign traders.

“Burundian nationals and all East Africans—and Africans for that matter—are free to live in Kenya as long as they conduct their businesses or work according to the requirements of our law,” he said.

Ruto made the remarks on September 2 while addressing small traders at State House, where he said Parliament was considering legislation that would reserve certain businesses for Kenyan citizens.

“There are businesses that a foreigner will not be allowed to engage in here in Kenya. We already have a Bill before Parliament dealing with matters of business. In that Bill, we have proposed that there are certain businesses that foreigners will not be allowed to undertake here in Kenya,” Ruto said.

He urged MPs to scrutinise the proposed legislation and “seal all the loopholes”, particularly to prevent foreigners from entering Kenya and engaging in hawking and small-scale retail.

“We should not have a situation where someone comes from China or elsewhere and starts working as a hawker, or comes here to engage in small-scale retail business, such as selling goods in a small shop,” he said.

The remarks have put renewed focus on Kenya’s growing foreign workforce and traders, as well as the distinction between legitimate foreign investment and activities conducted without the required authorisation.

The Ministry of Investments, Trade and Industry (MITI) has maintained that visa-free entry into Kenya does not automatically grant foreigners the right to work, trade or operate businesses.

“Visa-free entry or exemption from eTA requirements does not in itself confer the right to engage in employment, trade or business in Kenya,” the ministry said.

It added that such activities remain subject to “the applicable immigration, work permit and other regulatory requirements.”

MITI said some visitors had misused their immigration status by entering Kenya as tourists or investors before engaging in activities outside the terms of their permits.

“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,” the ministry said.

At the same time, the government has stressed that enforcement should not be interpreted as a blanket campaign against foreign investors.

“Kenya remains open and welcoming to legitimate investors and businesses that operate within the law and contribute to the country’s economic growth, job creation and development,” MITI said.

The government has also pointed to Kenya’s obligations under the East African Community, including commitments on the free movement of people and goods among member 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,” the ministry said.