KNCHR Warns Against Rights Abuses in Foreign Business Crackdown
The commission cited reports from Miritini in Mombasa County as an indication of the risks that could arise during enforcement.
Photo: Courtesy.
By Robert Mutasi
The Kenya National Commission on Human Rights (KNCHR) has cautioned the government against human rights violations as authorities move to enforce new measures targeting foreign nationals operating small-scale businesses in the country.
The commission said the recent government directives and public statements on foreign-owned businesses could expose migrants, refugees and other foreign nationals to discrimination, intimidation and other rights violations if they are not implemented within the law.
In a statement issued on September 8, 2026, KNCHR said its concerns followed a directive issued by President William Ruto on September 2 ordering the closure of small businesses operated by foreign nationals.
The commission also referred to a September 6 statement by the Cabinet Secretary for Investments, Trade and Industry, which clarified the government’s position regarding work visa applications for foreign nationals.
KNCHR said it had received petitions from refugee communities and migrant groups in several parts of the country. The complaints include allegations of threats, intimidation, discriminatory treatment and attacks through social media and other online platforms.
The commission cited reports from Miritini in Mombasa County as an indication of the risks that could arise during enforcement. However, it stressed that the concerns were national in scope and should not be viewed as a problem limited to one location.
KNCHR calls for lawful enforcement
The human rights commission acknowledged that the government has the authority to regulate immigration, employment, trade and investment.
It said authorities also have a responsibility to enforce laws, promote fair competition and protect economic opportunities for Kenyan citizens and local businesses.
However, KNCHR insisted that such enforcement must respect human rights and be applied fairly.
The commission called for authorities to assess individual cases rather than collectively targeting people based on their nationality, immigration status or membership of a particular community.
It said enforcement agencies should ensure that affected individuals receive due process and have an opportunity to challenge decisions through lawful mechanisms.
KNCHR cited Article 21 of the Constitution, which places an obligation on the State and its organs to observe, respect, protect, promote and fulfil rights and fundamental freedoms contained in the Bill of Rights.
The commission warned that authorities should take preventive measures before violations occur instead of responding after people have suffered harm.
It said enforcement actions should be lawful, necessary, proportionate, non-discriminatory and procedurally fair.
EAC obligations highlighted
KNCHR also pointed to Kenya’s membership of the East African Community and its obligations under the EAC Common Market Protocol.
The protocol provides for progressive regional integration and facilitates the movement of people, goods, services, capital and labour among member states.
The commission said Kenya must therefore balance enforcement of its national laws with its obligations to protect individual rights and freedoms.
It further urged the government to pay particular attention to vulnerable groups, including refugees, asylum seekers, migrant workers, victims of trafficking and children.
According to KNCHR, authorities should establish a clear and accessible system through which foreign nationals can confirm their legal status and regularise their immigration or business documentation where the law permits.
Warning against public harassment
The commission also warned members of the public against taking enforcement into their own hands.
It said foreign nationals should not be subjected to physical attacks, threats, harassment, intimidation or online abuse because of their nationality or immigration status.
KNCHR warned that such actions could undermine public order and expose perpetrators to criminal and other legal consequences.
The commission further called for stronger oversight of enforcement operations to prevent xenophobia, profiling, hate speech, extortion and vigilante action.
It urged the government to draw lessons from violations and disruptions associated with Operation Usalama Watch in 2014 when planning and implementing future enforcement exercises.
KNCHR wants authorities to monitor enforcement operations across the country and regularly publish information on complaints, arrests, business closures and deportations.
The commission also called for prompt investigations whenever allegations of rights violations are reported.
Commission to monitor situation
KNCHR said it would continue monitoring developments across the country and document alleged violations for possible referral and litigation.
It urged people who witness or experience threats, intimidation, unlawful eviction, destruction of property, violence or discrimination to report the incidents to the police or the commission.
The commission said complaints can be submitted through its official channels, including its email, SMS, WhatsApp and toll-free telephone service.
The warning comes as the government seeks to tighten enforcement of immigration and business regulations amid concerns over foreign nationals participating in sectors traditionally dominated by Kenyan traders.
The government maintains that its measures are intended to ensure compliance with Kenyan laws and protect opportunities for local businesses.
KNCHR, however, has stressed that enforcement should be carried out within the Constitution and should not result in collective punishment or discrimination.
The commission said protecting human dignity and the rule of law must remain central to the government’s enforcement efforts as Kenya addresses concerns surrounding foreign-owned small businesses.
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