A section of major non-governmental organisations have condemned President William Ruto’s directive targeting foreign-owned small businesses, warning that its implementation could fuel discrimination, xenophobic profiling and harassment of vulnerable migrant communities.
The organisations raised the concerns following remarks by President Ruto during a meeting with owners of small and medium-sized enterprises at State House on September 2, where he threatened to close foreign-owned small businesses and issued a strict compliance deadline of Monday, September 7, 2026.
While acknowledging the government’s legitimate interest in regulating the small business sector and protecting Kenyan citizens, the organisations said the directive, as pronounced, raises serious constitutional and legal concerns.
“While we support the State’s legitimate objective to regulate the small business sector and protect Kenyan citizens, we note that the directive as pronounced is unconstitutional and, if implemented indiscriminately, will be in violation of domestic and international law,” the organisations said.
The statement was signed by Kituo Cha Sheria, The Legal Caravan, International Rescue Committee, Refugee Legal Networks, Migration Pulse Hub and Jinubin Ancient Hearts CBO.
President William Ruto signs bills into law at State House.
Photo credit: Francis Nderitu | Nation Media Group
Other organisations that signed it are Frena Community-Based Organization, The Global Strategic Litigation Council, The Horn Refugee Voices, Youth Voices Community, Community Support Initiative for Refugees, Jesuit Refugee Service Kenya and RefuSHE.
The lobby groups warned that an indiscriminate crackdown could expose refugees, asylum seekers and other migrants to arbitrary arrest, harassment, extortion, confiscation of goods, forced closure of businesses and even community violence.
They argued that such actions would violate Article 27 of the Constitution, which guarantees every person equality and equal protection of the law, as well as Articles 28, 29 and 40, which protect the rights to dignity, security of the person and property.
The organisations further pointed to Kenya’s obligations under international and regional law, noting that the country is a State Party to the 1951 UN Refugee Convention and the 1969 Organisation of African Unity Refugee Convention, both of which recognise refugees’ right to engage in wage-earning employment and self-employment.
Under Section 28(5) of the Refugees Act, 2021, refugees are expressly entitled to engage in gainful employment and business, subject to applicable laws. Section 12(4) also guarantees asylum seekers the right to remain in Kenya while their applications for refugee status are being determined.
Kenya, the lobby groups said, is also a signatory to the East African Community Common Market Protocol, which provides for the free movement of workers, services and the right of establishment for nationals of partner states.
The organisations cautioned that the directive could disproportionately affect people whose legal status and livelihoods are already protected under Kenyan and international law.
They warned that forcing refugees to shut down their businesses could strip them of their livelihoods and push them into destitution. In their view, such measures could amount to a de facto expulsion and raise serious concerns over the principle of non-refoulement, which prohibits returning refugees to countries where their lives or freedom would be threatened.
“The implementation of the directive will result in a breach of international obligations, undermining regional integration and causing irreparable harm to asylum seekers and refugees,” the organisations said.
The groups also said the directive threatens to reverse progress made by the government in promoting the socioeconomic integration of refugees.
They cited the launch of the Shirika Plan in 2025 as a major step in Kenya’s shift from an aid-dependent, encampment-focused refugee model towards a sustainable, government-led development framework.
The plan seeks to integrate refugees into national and county systems while promoting self-reliance and harnessing their economic potential. According to the organisations, the approach is consistent with commitments Kenya made at the 2023 Global Refugee Forum to pursue a whole-of-society approach to refugee inclusion.
The organisations also pointed out that the issue of refugees’ access to lawful employment and livelihoods is already before the High Court.
The case involves refugee petitioners, Kituo Cha Sheria, Refugee Legal Networks, the Kenya National Commission on Human Rights, the Refugee Consortium of Kenya and other civil society organisations, who are seeking the relaxation of burdensome Class M work permit requirements to enable refugees to pursue lawful livelihoods and employment.
Judgment in the case is due on September 8, 2026, a day after the government’s compliance deadline.
The organisations warned that executive pronouncements that undermine the dignity and legal standing of refugees while the matter remains before the courts could compromise the judicial process and the rule of law.
They urged the government to recognise the distinct legal status of refugees and asylum seekers and the specific protections afforded to them under Kenyan and international law.
The organisations called on the government to abandon what they described as an unconstitutional directive and issue an immediate and formal clarification on its scope and legal application.
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