NAIROBI, Kenya – The Kenya National Commission on Human Rights has called for a lawful and non-discriminatory approach to enforcing immigration and business regulations involving foreign nationals.
KNCHR said recent government directives targeting foreigners operating small-scale businesses could expose migrants and refugees to threats, intimidation, discrimination and other human rights violations.
The commission’s statement follows President William Ruto’s September 2 directive for the closure of small businesses operated by foreign nationals and a subsequent clarification by the Ministry of Investments, Trade and Industry on work visa requirements.
KNCHR said it had received petitions from refugee communities and other migrant populations in several counties reporting threats, intimidation, discriminatory treatment and online attacks.
It cited reports from Miririni in Mombasa County as illustrating the risk of violations but said the problem should not be viewed as limited to one area.
The commission acknowledged the government’s mandate to regulate immigration, employment, trade, investment and other commercial activities.
It also recognised the state’s responsibility to enforce applicable laws, promote fair competition and protect economic opportunities for Kenyan citizens and local businesses.
However, KNCHR said enforcement must be undertaken fairly, consistently and without discrimination based on nationality.
It said the exercise must comply with the Constitution, Kenyan laws and the country’s regional and international human rights obligations.
The commission warned government agencies against imposing punitive measures before affected individuals receive due process, including an opportunity to be heard and challenge decisions through lawful mechanisms.
It also cautioned members of the public against taking the law into their own hands.
“No person should engage in physical or online conduct that threatens, attacks, harasses, intimidates or otherwise unlawfully interferes with the safety, dignity, rights or lawful activities of foreign nationals,” KNCHR said.
The commission said enforcement should be based on individual assessments of specific legal violations rather than collective profiling of foreign nationals, migrants or refugees.
It called for special safeguards for asylum seekers, refugees, victims of human trafficking, migrant workers, children and other vulnerable groups.
KNCHR also urged the government to establish accessible mechanisms through which affected foreign nationals can verify their legal status, obtain information and regularise their immigration or business documents where permitted.
The commission cited Kenya’s obligations under the East African Community Common Market Protocol, which provides for the progressive free movement of people, labour, goods, services and capital, as well as rights of residence and establishment.
It said enforcement of national laws must be balanced with the protection of individual rights and freedoms.
KNCHR warned that authorities must prevent the crackdown from fuelling xenophobia, hate speech, profiling, extortion, vigilante action or other abuses.
It referred to the violations, trauma and economic disruption associated with the 2014 Operation Usalama Watch, saying lessons from that exercise should guide the current operation.
The commission asked the government to publish regular information on complaints, arrests, business closures, deportations, appeals and safeguards applied during the exercise.
KNCHR Chairperson Claris Ogangah said the commission would monitor the operation, engage government agencies and migrant communities, document violations and refer cases for investigation or litigation where necessary.
Members of the public were asked to report threats, violence, unlawful eviction, destruction of property, intimidation or discrimination to the police or KNCHR.
