State assures foreigners of safety as rights groups cry foul

By  Nation Team

Nation Media Group

Prime Cabinet Secretary Musalia Mudavadi has told foreign traders that they are free to operate in Kenya if their papers are in order, even as rights groups accuse the government of intimidation following President William Ruto’s directive targeting non-Kenyan small-scale businesses.

Mr Mudavadi said Kenya is not imposing a blanket ban on foreigners engaged in small-scale business and urged East African Community (EAC) citizens to regularise their documents and continue working “with confidence”.

“The order by our President on September 2 regarding small-scale trade and informal retail should be understood as aimed at protecting vulnerable sectors of our economy, promoting fair competition and securing sustained livelihoods of Kenyans,” Mr Mudavadi told members of the diplomatic corps yesterday.

He added that Kenya remains committed to regional integration and asked citizens of EAC partner states to comply with laws governing their entry, stay and work.

“This is a global practice. Kenya is open to trade by foreign nationals as long as they are compliant with immigration, work-permit, registration and licensing requirements,” he said.

Rights organisations, religious leaders and lobbies raised alarm over the treatment of foreigners since the enforcement of President Ruto’s directive began on September 7.

The Police Reforms Working Group Kenya (PRWG-K) said the enforcement has focused on traders from Burundi and the Democratic Republic of Congo, with reports of intimidation and extortion.

The PRWG-K added that forced business closures without clear statutory backing or transitional guidelines risks arbitrary enforcement and discrimination.

The concerns were also raised by a coalition of 23 civil society and human rights organisations.

The groups said the period between the President’s pronouncement and the September 7 deadline created fear among foreign traders, with hundreds of Burundians seeking emergency travel documents at their embassy in Nairobi, businesses closing and traders reporting threats.

They called for details on implementing the measures and assurance on the safety of foreigners and their businesses.

“Our concern is not that Kenya is enforcing its laws, but that legitimate regulation may be perceived or applied in ways that result in nationality-based exclusion,” the organisations said, adding that EAC citizens should not be treated simply as foreigners since Kenya has committed itself to regional integration.

The Inter-Religious Council of Kenya condemned attacks on nationals from neighbouring countries, saying some lost their livelihoods and that many families have been destabilised.

The council said the President’s statement was unguarded and open to misinterpretation and abuse.

The civil society groups said the initial announcement, which set September 7 as the deadline for affected foreigners to leave Kenya before being revised to a 90-day regularisation, pushed the country to the brink and drew comparisons with xenophobic incidents in South Africa.

Kenya Human Rights Commission Chief Executive, Davis Malombe, demanded compensation for victims and an apology from the government.

“Compensation is part of the obligation of the state when people face atrocities committed by the very state. The government must also guarantee of non-victimisation,” Mr Malombe said.

Institute for Social Accountability Executive Director, Diana Gichengo, said it is wrong to blame migrants for problems in the local informal sector.

Human Rights Watch Deputy Africa Director, Carine Kaneza, urged the government to stop rhetoric that could fuel discrimination. Equally, the Kenya Diaspora in South Africa told the government to ensure enforcement targets unlawful conduct and not nationality.

Meanwhile, the humanitarian situation at the Burundi embassy in Nairobi is growing worse. Hundreds of Burundians, including women and children, are still camping there, with some reporting lack of food and water.

“Getting papers is slow. Just five to 10 documents are issued daily. We appeal to Kenyan and Burundian authorities to speed the process and provide us with food, water, shelter and other basics,” said Niyonkuru Celestin.

In Nakuru, Nyumba Kumi elder Maalim Sharif said foreigners have coexisted peacefully with locals. Mr Evans Otieno, a creative in Nakuru, has turned to art to promote peace and discourage hostility towards foreigners.

Reported by Kevin Cheruiyot, Mercy Simiyu, Mercy Koskei George Odiwuor, Ruth Mbula and Domnic Ombok

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