African rights body raises alarm over attacks on foreign traders in Kenya

The African Commission on Human and Peoples’ Rights (ACHPR) has raised concern over reported attacks, intimidation and harassment of foreign nationals operating small businesses in Kenya following President William Ruto’s directive targeting foreign participation in small-scale trade.

In a statement dated September 9, 2026, the commission said it was concerned about the human rights implications of public statements and government directives calling for the closure of small businesses operated by foreign nationals.

The commission said reports it had received indicated that some foreign-owned businesses, particularly those operated by Burundian nationals, had been attacked, looted or destroyed following President Ruto’s remarks on September 2.

Ruto had directed the government to take action against foreigners operating small businesses, including hawking and small-scale retail, saying such activities should provide opportunities for Kenyan traders. He told traders at State House that the government would begin a crackdown on foreigners engaged in the sector.

“[The Commission] expresses grave concern over a recent public statement and government directives made regarding the closure of small businesses operated by foreign nationals,” the ACHPR said.

Burundians seek protection

The rights body said the reported attacks had caused anxiety among Burundians living in Kenya, with hundreds going to the Burundi Embassy in Nairobi.

Large numbers of Burundians were seen at the embassy earlier this week seeking travel documents amid uncertainty over the government’s directive. Some said they feared for their safety and were considering returning to Burundi.

The situation followed confusion over the scope of the government’s initial directive.

On September 8, the government announced a 90-day window for foreign traders to regularise their immigration status, work permits, business registration and licences before stricter enforcement. The move came after concern among foreign traders and diplomatic engagement between Kenya and Burundi.

The ACHPR said Kenya has the authority to enforce laws governing immigration and business operations, but said enforcement must follow the law and protect fundamental rights.

“The authority of the Government of Kenya, for enforcing laws that regulate migration and the establishment and operation of businesses, should be executed both with full compliance with due process of the law and fundamental human rights,” the commission said.

It also warned against enforcement measures that could encourage violence against foreigners.

Commission calls for action

The ACHPR reminded Kenya that the African Charter on Human and Peoples’ Rights protects the rights to non-discrimination, equality, dignity and security of person, life and property.

It said those protections apply to everyone within a country, including foreign nationals and migrants regardless of their legal status.

The commission called on the Kenyan government to investigate reported cases of violence and intimidation against foreign nationals.

It also urged authorities to ensure that members of the public do not use the government’s business enforcement measures as a justification for attacking or intimidating foreign traders.

The commission specifically asked Kenya to protect foreign nationals and migrants operating small businesses, with particular attention to Burundians who it said were at risk of intimidation and violence.

It further called for immigration and business laws to be enforced according to the principles of legality, due process, equality and non-discrimination.

“The Commission will continue to monitor the situation closely,” it said, adding that it remained ready to engage with the Kenyan government on its human rights obligations.