The government has clarified that foreigners who enter Kenya under visa-free or Electronic Travel Authorisation (eTA) exemptions are not automatically allowed to work, trade or run businesses in the country.
Trade Cabinet Secretary Lee Kinyanjui said the clarification comes as the government prepares to enforce President William Ruto’s directive targeting foreigners involved in small-scale and retail businesses.
In a statement on Sunday, September 6, Kinyanjui said Kenya would continue allowing eligible foreigners to enter the country under its visa-free and eTA exemption arrangements.
However, he stressed that entry into the country does not give visitors permission to engage in employment or business activities.
The CS said the government would particularly focus on foreigners who entered Kenya as tourists or for other purposes but later started engaging in trade.
“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,” Kinyanjui said.
He added that the large number of foreigners involved in retail and local trade had made it necessary for the government to ensure they comply with work permit requirements.
Foreigners risk losing visas
Kinyanjui warned that foreigners found violating the conditions attached to their visas or other regulations would face enforcement action.
“Persons found in contravention of the applicable visa provisions will have their visas revoked in accordance with the law,” he said.
The ministry said foreigners seeking to work, trade or operate businesses in Kenya must meet the country’s immigration, work permit and other regulatory requirements.
The CS noted that visa-free entry or exemption from eTA requirements does not amount to permission to work or conduct business.
Directive follows Ruto warning
The clarification comes days after President William Ruto directed the government to crack down on foreigners operating small shops and engaging in hawking.
Speaking on Wednesday, September 2, the President said the government would shut down foreigners involved in small-scale trade, arguing that such businesses should be left to Kenyans.
“We have made efforts to improve the economy… We have not improved investor confidence for hawkers to come to Kenya. It cannot be that a person comes from China or elsewhere to be a hawker or open a small shop,” Ruto said.
The government is expected to begin enforcing the directive from Monday, September 7.
The Trade Ministry said the enforcement would also take into account Kenya’s commitments under the East African Community (EAC).
Kinyanjui said regional agreements would remain an important consideration, particularly when applying immigration and work permit rules to citizens of EAC Partner States.
He also assured that the enforcement would be conducted within the law and in an orderly and transparent manner.
“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,” Kinyanjui said.
