KNCHR Breaks Silence on Ruto Directive Targeting Foreign Traders

The Kenya National Commission on Human Rights (KNCHR) has urged the government to enforce immigration and business regulations involving foreign nationals in a manner that upholds the Constitution and protects human rights.

In a statement issued on Tuesday, September 8, the commission said that while the government has the legal mandate to regulate immigration, trade, employment and investment, enforcement measures must remain lawful, fair and free from discrimination based on nationality.

“The Kenya National Commission on Human Rights (KNCHR) expresses concern regarding the potential human rights implications arising from recent Government directives and public statements concerning foreign nationals engaged in small-scale businesses and trade in Kenya,” the statement said.

This statement comes days after President William Ruto directed authorities to shut down small businesses operated by foreign nationals, a move that was later clarified by the Ministry of Investments, Trade and Industry as targeting those operating without the required work permits and licences.

Petitions From Refugees

KNCHR said it had received petitions from refugee communities and other migrant groups in several counties alleging threats, intimidation, discriminatory treatment and online attacks following the recent government directives.

Additionally, the commission reminded state agencies that Article 21 of the Constitution obligates the government to respect, protect, promote and fulfil the rights guaranteed under the Bill of Rights.

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It added that authorities should not wait for violations to occur before putting preventive safeguards in place.

On the same note, KNCHR also noted that as a member of the East African Community and a party to the EAC Common Market Protocol, Kenya is committed to the free movement of people, goods, services, labour and capital, while still retaining the authority to enforce its national laws.

“The KNCHR acknowledges the legitimate mandate and responsibility of the Government to regulate immigration, employment, trade, investment and commercial activities; ensure compliance with applicable laws; promote fair competition; and safeguard economic opportunities for Kenyan citizens and local enterprises,” read the statement.

KNHCR Recommendations

Among its recommendations, the commission called for enforcement actions to be based on individual legal violations rather than collective profiling of foreign nationals.

In addition, it also urged the government to establish accessible compliance mechanisms to help affected persons verify or regularise their immigration and business status where legally possible.

Further, KNCHR warned members of the public against taking the law into their own hands, saying threats, violence, harassment and intimidation directed at foreign nationals should attract the full force of the law.

Also Read: Trade CS Clarifies Work Visa Rules for Foreigners as Crackdown Takes Effect

However, KNHCR said it would continue monitoring the situation across the country and documenting any reported human rights violations for appropriate action.

“The KNCHR will continue to monitor the situation nationally, engage relevant duty bearers and migrant and refugee communities, and document human rights violations for appropriate action, including referral for investigation and, where necessary, litigation,” KNHCR said.

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A Burundian hawker selling tea in Nairobi. PHOTO/BD