NAIROBI, Kenya Sep 7 – The Ministry of Investments, Trade and Industry (MITI) has clarified requirements for foreigners seeking to work, trade or operate businesses in Kenya, stressing that visa-free entry does not automatically grant permission to engage in employment or commercial activities.
The clarification follows President William Ruto’s recent directive on foreign traders and comes amid increased scrutiny of foreigners operating in Kenya’s retail and local trade sectors.
In a press statement issued by the Ministry, Cabinet Secretary Lee Kinyanjui said Kenya remains open to legitimate investors and businesses but insisted that foreigners must comply with immigration, work permit and other regulatory requirements.
The Ministry 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 MITI, the measures have had a positive impact on tourism and investment.
“We continue to apply the directive to its fullest degree possible,” the Ministry said.
However, the Government stressed that visa-free entry and exemption from eTA requirements should not be interpreted as permission to work or conduct 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,” the Ministry stated.
It added that such activities remain subject to “the applicable immigration, work permit and other regulatory requirements.”
The Ministry said some visitors had deliberately misused visa applications by entering Kenya under investor or tourist status before engaging in activities that fall outside the terms of their permits.
“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,” the Ministry said.
MITI said the Government was particularly concerned about the number of foreigners involved in retail and local trade activities.
“Owing to the high number of foreigners involved in the retail and local trade sectors, there is therefore a need to align their activities and ensure compliance with work permit provisions,” the statement said.
The Ministry warned that foreigners found contravening applicable visa provisions could face action.
“Persons found in contravention of the applicable visa provisions will have their visas revoked in accordance with the law,” it said.
The clarification means foreigners seeking to work or operate businesses in Kenya must obtain the appropriate permits and licences in addition to meeting immigration requirements.
The Government said enforcement of the directive would be conducted within the law and in a transparent manner.
“The enforcement and implementation of the directive will be in compliance with the law and will be conducted in an orderly and transparent manner,” MITI said.
The Ministry also emphasised Kenya’s obligations under the East African Community, particularly regarding the movement of people and goods among partner states.
“Kenya is a signatory to the East African Community and has assented to the free movement of goods and people across the Customs Union,” the statement said.
MITI added that the commitment remains an important consideration in implementing immigration and work permit requirements affecting citizens of EAC partner states.
Despite the tougher emphasis on compliance, the Government said the new clarification should not be viewed as a blanket restriction on foreign investors.
“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,” the Ministry said.
The Government’s position therefore distinguishes between foreigners who enter Kenya legally and those who engage in activities requiring additional permits or licences without obtaining them.
The clarification is expected to provide guidance to foreign nationals, employers, investors and businesses operating in Kenya as authorities intensify enforcement of immigration and commercial regulations.
The clarification comes after President Ruto raised concerns over foreign nationals engaging in small-scale retail and other businesses traditionally dominated by Kenyan traders.
The Government has argued that foreigners wishing to operate businesses in Kenya should do so through the appropriate legal channels, including obtaining the necessary permits and licences.
MITI’s statement, however, emphasises that implementation must comply with Kenyan law and take into account the country’s regional commitments under the EAC.
For foreign nationals, the key distinction remains that being allowed to enter Kenya does not automatically mean being authorised to work, trade or operate a business.
