Trade CS Lee Kinyanjui cites misuse of visa-free entry rules amid crackdown on foreign hawkers

In a communiqué on Sunday, CS Kinyanjui noted that the regulation introduced in January 2024 has eased movement for most African citizens visiting Kenya, but some have breached the provisions of the grant.

According to him, visitors under tourist visas have been engaging in the unlawful retail and local trade sectors, adding that they must comply with all work permit provisions.

"Persons found in contravention of the applicable visa provisions will have their visas revoked in accordance with the law," he said.

The trade CS clarified that visa-free entry or exemption from Electronic Travel Authorisation (eTA) requirements does not confer the right to engage in employment, trade or business in Kenya. 

He maintained that any trading activity must remain within immigration and work permit requirements, as well as other regulatory requirements, and that Kenya is committed to implementing immigration regulations under the East African bloc.

"Kenya is a signatory to the East African Community and has assented to the free movement of goods and people across the Customs Union," he said.

"This commitment remains an important consideration in the implementation of immigration and work permit requirements affecting citizens of EAC Partner States." 

This comes as President William Ruto ordered a crackdown on foreign nationals engaging in small-scale hawking and trading activities in Kenya, saying the move will protect local traders from unfair competition.

Speaking after meeting Micro, Small and Medium Enterprises (MSME) traders at State House, on September 2, Ruto said some foreigners had set up businesses selling items such as duvets and other merchandise, competing directly with local hawkers and small-scale traders.

He maintained that Kenya's efforts to attract foreign investors were intended to bring investment, create jobs and support economic growth, rather than allow foreigners to relocate to the country to engage in small-scale retail activities.

We have not built investor confidence for hawkers to come to Kenya. What we have built is for investors, not traders and hawkers," he stated.

To get a work permit in Kenya, a foreigner must apply online through the eFNS Portal managed by the Directorate of Immigration Services. 

Most workers apply for a Class D (Employment) permit if they have a job offer from a specific company in Kenya. Other classes include Class C for prescribed professions, Class G for business or trade, and Class A, B, or F for specific sectors like mining, agriculture, or manufacturing.