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

The Ministry of Investments, Trade and Industry, led by Cabinet Secretary Lee Kinyanjui, has clarified the rules governing foreigners who enter Kenya and engage in employment, trade or business.

Kinyajui issued the clarification on September 6, 2026, following President William Ruto’s announcement on work visa applications for foreigners.

The CS said Kenya remains open to visitors, investors and legitimate businesses but stressed that foreigners must comply with the country’s immigration and work permit requirements.

Kinyanjui said Kenya introduced a visa-free entry regime for visitors from around the world on January 1, 2024.

In January 2025, the government further approved the removal of Electronic Travel Authorisation (eTA) requirements for citizens of most African countries.

According to the CS, the measures have positively impacted tourism and investment, and the government will continue implementing the directive.

However, he clarified that visa-free entry or exemption from eTA requirements does not automatically give a foreigner the right to work, trade or operate a business in Kenya.

“Visa-free entry or exemption from eTA requirements does not in itself confer the right to engage in employment, trade or business in Kenya.”

Kinyanjui said such activities remain subject to applicable immigration, work permit and other regulatory requirements.

Lee Kinyanjui Warns Against Misuse of Visas

He stated that some visitors have deliberately misused visa applications by entering Kenya under investor or tourist status and then engaging in activities that go against the conditions of their grants.

The CS noted that there is a high number of foreigners involved in the retail and local trade sectors.

“There has been deliberate misuse of visa applications by some visitors, leading to persons on investor or tourist status engaging in activities contrary to the provisions of the grant.”

Kinyanjui said there is a need to align the activities of such foreigners with work permit provisions and ensure compliance with the law.

He warned that those found violating applicable visa provisions will face action.

“Persons found in contravention of the applicable visa provisions will have their visas revoked in accordance with the law.”

Also Read: Panic and Fear Grip Foreigners Ahead of Crackdown on Small Businesses

EAC Citizens Covered by Regional Commitments

The ministry also highlighted Kenya’s commitments under the East African Community.

Kinyanjui said Kenya is a signatory to the EAC and has agreed to the free movement of goods and people across the Customs Union.

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

The CS said the government would consider these regional commitments when implementing the requirements.

Also Read: Ruto’s PS Clarifies Crackdown Order on Small Businesses as Fear Grows

Enforcement to Follow the Law

Kinyanjui said the implementation and enforcement of the directive will be carried out in compliance with the law.

He added that the process will be orderly and transparent and will take place in the spirit of the East African Community.

“The enforcement and implementation of the directive will be in compliance with the law and will be conducted in an orderly and transparent manner, and also in the spirit of the East African Community.”

The CS assured legitimate investors and businesses that Kenya remains open and welcoming to them.

“Kenya remains open and welcoming to legitimate investors and businesses that operate within the law and contribute to the country’s economic growth, job creation and development.”

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