Investments, Trade, and Industry Cabinet Secretary Lee Kinyanjui has issued a clarification regarding Kenya’s border regulations, stating that the country’s visa-free policy does not grant foreign visitors authorization to engage in informal trade, local employment, or retail businesses without valid work permits.
The CS’s statement comes in the wake of a strict directive by President William Ruto ordering law enforcement and immigration authorities to crack down on foreign nationals illegally conducting small-scale hawking and informal retail operations in local markets across the country.
Addressing the government’s stance, CS Kinyanjui highlighted a growing pattern of non-compliance among foreign visitors who enter the country under short-term tourist or investor exemptions before transitioning into informal local trade sectors.
“Visa-free entry or exemption from Electronic Travel Authorisation (eTA) requirements does not in itself confer the right to engage in employment, trade, or business in Kenya,” stated the Ministry of Investments, Trade, and Industry. “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.”
While reassuring international investors that Kenya remains open to legitimate commerce, the Ministry outlined strict measures to ensure market regulation and protect domestic business ecosystems:
Foreign nationals found engaging in retail trade, hawking, or employment without the mandated documentation face immediate permit revocation and potential deportation in accordance with immigration laws.
Authorities are auditing retail markets to compel non-compliant foreign traders to regularize their documentation or exit micro-enterprise sectors.
The Ministry emphasized that while Kenya remains committed to the East African Community (EAC) protocols on the free movement of goods and persons, compliance with local business regulatory frameworks remains mandatory.
The CS assured that upcoming joint multi-agency compliance operations will be executed in a transparent and lawful manner to safeguard regulated trade and protect local livelihoods while maintaining regional diplomatic relations.
