In Kenya, a number of non-governmental organizations have condemned President William Ruto’s directive concerning small businesses owned by foreigners. Human rights advocates said its indiscriminate implementation could lead to discrimination, xenophobic profiling and persecution of vulnerable migrant communities, Nation Kenya reports.
On September 2, during a meeting with small and medium-sized business owners at State House, Ruto spoke of the possible closure of small businesses owned by foreigners. He set a deadline for compliance: Monday, September 7, 2026.
Human rights advocates’ warnings
The organizations recognized the state’s right to regulate the small business sector and protect Kenyan citizens, but called the directive, as announced, unconstitutional. The joint statement was signed, among others, by Kituo Cha Sheria, The Legal Caravan, International Rescue Committee, Refugee Legal Networks, Migration Pulse Hub, Jesuit Refugee Service Kenya and RefuSHE.
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According to the signatories, an indiscriminate campaign against foreign entrepreneurs could expose refugees, asylum seekers and other migrants to arbitrary detention, harassment, extortion, confiscation of goods and forced business closures. They cited Articles 27, 28, 29 and 40 of Kenya’s Constitution, which guarantee equality before the law, protection of dignity, personal security and property.
Refugee rights and court case
Human rights advocates also recalled Kenya’s obligations under the 1951 UN Convention relating to the Status of Refugees and the 1969 Organization of African Unity Convention. Kenya’s Refugees Act of 2021, they said, allows refugees to engage in paid employment and business in accordance with applicable legislation, while asylum seekers may remain in the country while their applications are being considered.
The issue of refugees’ access to lawful work and livelihoods is being considered by Kenya’s High Court. The plaintiffs are seeking to ease the requirements for a Class M work permit. A ruling in the case is due on September 8 — the day after the deadline set by the authorities. The organizations called on the government to abandon the directive and urgently clarify the limits and legal grounds for its application.
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