NAIROBI, Kenya- The Police Reforms Working Group Kenya has called for the immediate suspension of enforcement operations targeting businesses operated by foreign nationals, warning that the crackdown risks fuelling harassment, extortion and xenophobia.
In a statement issued on Thursday, September 10, PRWG-K said enforcement of President William Ruto’s directive had created confusion and led to targeted operations against non-Kenyan traders.
The group said the directive, issued on September 2, ordered law enforcement agencies and local authorities to shut down small-scale retail and hawking businesses operated by foreign nationals from September 7.
PRWG-K acknowledged the government’s responsibility to support Kenyan micro, small and medium-sized enterprises but argued that the directive lacked a clear statutory foundation and transitional guidelines.
It said implementing the order without a proper legal and policy framework threatened human rights and Kenya’s regional obligations.
“Executing arbitrary administrative directives, compounded by reports of harassment against foreign nationals, including East African Community citizens, lacks statutory foundation, threatens regional unity and undermines binding human rights standards,” the group said.
PRWG-K said it had received reports of intimidation, profiling, extortion and unlawful harassment targeting foreign nationals, particularly traders from Burundi and the Democratic Republic of Congo.
The organisation warned that unregulated enforcement could lead to arbitrary arrests, confiscation of property and excessive use of force by police officers.
It also cautioned that sweeping statements against foreign traders could fuel vigilantism, hate speech and xenophobic discrimination.
The group said the crackdown conflicted with provisions of the East African Community Common Market Protocol guaranteeing the free movement of people, workers, goods and services and the right of establishment and residence for EAC citizens.
It also argued that targeting African traders was inconsistent with the African Union’s Agenda 2063 and the principles of the African Continental Free Trade Area.
PRWG-K further said blanket business closure orders could violate protections granted to refugees under international conventions and Kenya’s Refugees Act, 2021, including their right to engage in gainful self-employment.
The organisation appealed to Kenyans to exercise restraint and avoid harassing foreign traders or damaging their property.
“Economic grievances must be resolved through lawful, institutional channels, and citizens should not engage in vigilantism or profile non-nationals,” it said.
PRWG-K demanded the immediate cessation of harassment and the formal suspension of enforcement operations that lack statutory backing.
It called for the directive to be replaced with structured policy discussions involving the Ministry of East African Community Affairs, the Ministry of Interior and traders’ associations.
The group also urged security agencies to stop non-procedural confiscation of goods, physical harassment and extortion.
It said any changes affecting small-scale trade should undergo public participation, impact assessments and parliamentary scrutiny to ensure compliance with the Constitution and EAC protocols.
PRWG-K said it would work with the Kenya National Commission on Human Rights and the East African Civil Society Organisations Forum to document and report cases of abuse arising from the enforcement operations.
