Kenya has issued a fresh clarification on the rights of foreign nationals entering the country, particularly regarding employment, trade and the operation of businesses. The clarification was made by Cabinet Secretary for Investments, Trade and Industry Lee Kinyanjui amid growing government concern over foreigners engaging in small-scale trade and other economic activities without the required permits.

The issue has attracted considerable public attention because Kenya has operated a relatively open visa-free entry regime, particularly for African nationals. The government has now stressed that being allowed to enter Kenya without a visa or Electronic Travel Authorisation (eTA) is not the same as being authorised to work or conduct business in the country. 

 *What Lee Kinyanjui said* 

In a statement issued on September 6, 2026, CS Lee Kinyanjui explained that Kenya would continue implementing its visa-free entry arrangements, but foreigners must comply with the separate immigration and work-permit requirements applicable to employment, trade and business activities.

The central message from the CS was that visa-free entry does not automatically confer the right to work, trade or operate a business in Kenya. Foreign nationals who want to engage in such activities must satisfy the relevant immigration, work-permit, business and regulatory requirements. 

This clarification is particularly important because some foreigners may have interpreted visa-free travel as meaning they could enter Kenya and immediately look for employment, establish a shop, engage in hawking or conduct commercial activities without obtaining additional authorisation.

Kinyanjui's statement makes a distinction between entry into Kenya and permission to engage in economic activities while in Kenya.

Visa-free entry is not a work permit

One of the most important points in the government's clarification is that foreigners should not confuse immigration entry arrangements with work authorisation.

Kenya introduced a visa-free entry regime in January 2024. In January 2025, the government also removed eTA requirements for citizens of most African countries. According to the government, these measures were intended to make movement into Kenya easier and support tourism, investment and regional integration. 

However, the government says these arrangements do not eliminate the requirements governing employment and commercial activity.

For example, a foreign national may be able to enter Kenya as a visitor without obtaining a traditional visa, but that person cannot automatically assume that they are authorised to take up employment with a Kenyan company. Similarly, entry into the country does not automatically mean that a foreign visitor can establish a retail business, become a hawker or engage in other commercial activities.

The government is therefore drawing a clear line between freedom to enter and permission to work.

Why the clarification has become necessary

According to Kinyanjui, the government has identified cases where people entered Kenya under one immigration status and subsequently engaged in activities that were outside the conditions attached to that status.

The government has specifically raised concerns about foreigners who enter as tourists or under investor-related arrangements and subsequently participate in activities that do not comply with the conditions of their immigration status. 

Kinyanjui described this as deliberate misuse of visa applications in some cases.

The government is particularly concerned about the growing number of foreigners participating in retail and local trade. The CS said there is a need to align these activities with existing work-permit requirements. 

The clarification therefore forms part of a wider effort by the government to ensure that foreign nationals conducting economic activities in Kenya have the appropriate legal documentation.

Foreign traders and small businesses

The announcement comes at a time when the government is paying increased attention to foreign nationals involved in small-scale businesses and hawking.

President William Ruto recently directed attention toward foreigners conducting small-scale commercial activities without the required documentation. The issue has generated debate about competition between Kenyan traders and foreign nationals, immigration enforcement, regional integration and the treatment of foreign workers.

Kinyanjui's clarification seeks to explain that the government is not necessarily closing Kenya's doors to foreigners. Instead, the focus is on ensuring that those who work, trade or operate businesses do so within the law.

Reports indicate that the government wants foreign nationals engaged in economic activities to obtain the appropriate permits and licences rather than using visitor status as a substitute for work authorisation.

This distinction is important because foreigners with valid documentation may have different legal circumstances from people who entered Kenya as visitors and began working or trading without authorisation.

Possible consequences for people who violate the rules

Kinyanjui warned that foreigners found violating applicable visa provisions could have their immigration status or visas revoked in accordance with Kenyan law.

This means that a foreign national who enters Kenya legally but subsequently violates the conditions attached to their stay cannot necessarily rely on the fact that their initial entry was lawful.

The government has indicated that enforcement will focus on compliance with existing laws and regulations. 

Foreign nationals therefore need to understand that immigration compliance does not end at the border. Once inside Kenya, they must continue to observe the conditions attached to their immigration status.

The difference between tourism and employment

The clarification is especially significant for visitors who come to Kenya as tourists.

Tourism allows people to visit Kenya, enjoy its attractions, visit friends and relatives and participate in activities permitted under their immigration status. It does not automatically provide permission to obtain employment or establish a commercial operation.

The same principle applies to individuals who enter Kenya under other categories. The fact that someone has been admitted into the country does not necessarily mean they have permission to undertake every type of economic activity.

The government is therefore urging foreign nationals to obtain the appropriate authorisation before engaging in employment, trade or business.

The position of East African Community citizens

Another important part of Kinyanjui's clarification concerns the East African Community (EAC).

Kenya remains committed to regional integration and the free movement of people and goods under EAC arrangements. Kinyanjui stressed that Kenya is a signatory to the EAC Customs Union and has commitments relating to the movement of goods and people within the region. 

This means the government's approach cannot simply be viewed as a blanket restriction against all foreign nationals.

There are regional agreements and commitments that Kenya must consider when implementing immigration and work-related measures affecting citizens of other EAC Partner States.

The government has also indicated that enforcement should be carried out in the spirit of the EAC, while ensuring that people comply with applicable Kenyan laws.

Concerns among Burundians and other East Africans

The issue has generated particular concern among some East African nationals living and working in Kenya.

Reports have described anxiety among undocumented foreign traders, especially Burundians, following the government's increased enforcement efforts. Some people have reportedly sought assistance from their embassies as they consider their options. 

The government has subsequently announced measures intended to give undocumented East African nationals an opportunity to regularise their position and access essential services while the authorities work with regional partners.

This demonstrates the complicated nature of the issue. It is not simply about immigration enforcement. It also involves regional integration, livelihoods, human mobility and the need to prevent discrimination or harassment of foreigners.

Kenya still wants foreign investment

It is also important to understand that the government's clarification does not mean Kenya is rejecting foreign investment.

Kinyanjui's ministry is responsible for investments, trade and industry, and the government continues to promote Kenya as a destination for legitimate investment.

Indeed, the government has said that the visa-free entry arrangements have had a positive impact on areas such as tourism and investment. 

The concern is instead about ensuring that foreigners operating businesses in Kenya comply with the law.

There is therefore a distinction between a foreign investor establishing a properly registered business and employing people in accordance with Kenyan regulations, and a foreign visitor entering under tourist status and then conducting activities that require a different permit.

Why the issue matters to Kenyan workers

The debate also has an economic dimension.

Many Kenyans are concerned about unemployment and competition in small-scale businesses. When foreign nationals operate businesses without the appropriate permits, licences or regulatory approvals, Kenyan traders may feel that they are competing on unequal terms.

The government's position is that all people operating in Kenya's economy should follow the applicable rules.

For foreign nationals, this means obtaining the appropriate immigration authorisation. For businesses, it means complying with licensing and regulatory requirements. For Kenyan authorities, it means enforcing these rules fairly and transparently.

Government promises orderly enforcement

Kinyanjui has also emphasised that implementation should be conducted within the law and in an orderly and transparent manner.

This is significant because immigration enforcement can have serious consequences for people's livelihoods and families. The government therefore faces the challenge of enforcing the law while avoiding unnecessary harassment, discrimination or hostility toward foreign nationals.

The government has also stressed the importance of implementing the measures in the spirit of East African regional integration. 

This approach is particularly important because Kenya has long served as a regional economic hub, attracting workers, traders, students, investors and visitors from across Africa and beyond.

 *What foreigners in Kenya should understand* 

The latest clarification can be summarised in several important points.

First, visa-free entry does not mean that a foreign national has unrestricted permission to work.

Second, exemption from eTA requirements does not automatically provide permission to conduct business.

Third, foreigners seeking employment must comply with the applicable work-authorisation requirements.

Fourth, people operating businesses or engaging in trade must comply with the relevant immigration, business and regulatory requirements.

Fifth, foreigners who violate the conditions of their immigration status could face enforcement action, including possible revocation of their immigration status or visa. 

Sixth, Kenya continues to recognise its regional commitments under the EAC.

A broader message from the government

The government's latest position sends a broader message: Kenya remains open to visitors, investors and legitimate economic activity, but openness does not mean the absence of regulation.

The visa-free policy was designed to make it easier for people to travel to Kenya. According to the government, the policy has helped tourism and investment. However, the authorities now want to ensure that people do not use the easier entry arrangements to bypass employment and business regulations.

For foreign nationals already living in Kenya, the message is particularly relevant. They should ensure that their immigration status matches the activities they are undertaking.

Someone who is legally permitted to visit Kenya should not automatically assume that they are permitted to work. Likewise, someone operating a business should ensure that the necessary immigration documents, business licences and other approvals are in place.