Trade Cabinet Secretary Lee Kinyanjui has warned foreign nationals against taking advantage of Kenya’s visa-free entry arrangements to engage in employment, retail and other commercial activities without the required permits. In a statement issued on Sunday, Kinyanjui said the visa-free policy introduced in January 2024 had made it easier for many African nationals to travel to Kenya. However, he noted that some visitors had allegedly breached the conditions attached to the entry arrangements.
According to the CS, some foreigners entering Kenya as tourists have been engaging in informal retail and other local trading activities without obtaining the necessary work or business permits. He stressed that foreigners found violating immigration requirements could have their visas revoked in accordance with Kenyan law.
Visa-Free Entry Does Not Allow Employment or Business
Kinyanjui clarified that being exempted from obtaining an Electronic Travel Authorisation (eTA) does not automatically give a foreign national permission to work, operate a business or participate in trade in Kenya. He said foreigners wishing to undertake commercial activities must comply with immigration regulations, work permit requirements and other laws governing business operations in the country.
The CS further emphasised that Kenya remains committed to implementing immigration arrangements under the East African Community (EAC), particularly provisions relating to the movement of people and goods among member states. He added that Kenya’s EAC commitments would continue to be considered when implementing immigration and work permit requirements affecting citizens of partner states.
Ruto Orders Crackdown on Foreign Hawkers
Kinyanjui’s remarks come shortly after President William Ruto directed authorities to step up enforcement against foreign nationals involved in small-scale hawking and retail businesses. Ruto issued the directive after meeting Micro, Small and Medium Enterprises (MSME) traders at State House on September 2.
The President said some foreign nationals had entered Kenya and established businesses selling products such as duvets and other merchandise, putting them in direct competition with local traders and hawkers. Ruto argued that Kenya’s efforts to attract foreigners were aimed at encouraging investments that create employment opportunities and contribute to economic development. He maintained that the country was seeking genuine investors rather than foreign nationals relocating to Kenya to participate in small-scale retail trade.
We have not built investor confidence for hawkers to come to Kenya. What we have built is for investors, not traders and hawkers
President RutoForeigners Required to Obtain Relevant Permits
Foreign nationals intending to work or conduct business in Kenya are required to obtain the appropriate immigration documentation based on the nature of their activities. Applications for work permits are submitted online through the eFNS platform operated by the Directorate of Immigration Services.
A Class D permit is generally used by foreigners seeking employment with a specific employer in Kenya, while other categories cover different professional, business and economic activities. Class C permits apply to certain prescribed professions, while Class G permits are issued for specific business or trade activities.
Other permit categories, including Classes A, B and F, cover activities such as mining, agriculture and manufacturing. The government has maintained that foreigners must comply with the relevant immigration and labour laws regardless of whether they are required to obtain an eTA before entering Kenya. The renewed enforcement measures are expected to focus on ensuring that foreign nationals participating in Kenya’s economy do so within the law, while protecting local traders from what the government considers unfair competition.
