Kenya Is Cracking down on Foreign Traders. Why Are Burundians Bearing the Brunt?

Departures of Burundians from Kenya that started on Monday have continued on Tuesday, raising a question that is increasingly being asked among foreign traders and policymakers: why are Burundians leaving in large numbers when traders from Tanzania, Uganda, Rwanda, Somalia and China also operate small businesses in Kenya?

The question has emerged as Kenya moves to enforce rules requiring foreigners operating businesses to hold the necessary work permits and licences.

Hundreds of Burundians have crowded outside their embassy in Nairobi to obtain emergency travel documents, while others have been buying bus tickets and leaving with suitcases, mattresses and other belongings.

Kenya’s government says the measures are not directed at any particular nationality but at foreigners operating businesses without the required documentation.

The trade ministry said there had been “deliberate misuse of visa applications by some visitors”, who entered Kenya as investors or tourists but became involved in business activities outside their declared status.

Yet the scale of the Burundian departures has prompted questions over how consistently the rules are being applied to other foreign nationals who operate shops, stalls, restaurants, wholesale businesses and other small enterprises in Kenya.

Tanzanians, Ugandans, Rwandans and Somalis have long operated businesses across Kenya, while Chinese nationals are prominent in sectors including retail, wholesale and manufacturing. It is unclear how many foreign-owned businesses fall foul of Kenya’s licensing and immigration rules, or whether enforcement action has been taken against different nationalities at the same scale.

The government has not said that Burundians are being specifically targeted.

On Sunday, Kenya’s foreign affairs ministry sought to clarify the policy, saying foreigners who meet legal requirements could continue working and operating businesses.

“Burundian nationals and all East Africans – and Africans for that matter – are free to live in Kenya as long as they conduct their businesses or work according to the requirements of our laws,” Permanent Secretary Korir Sing’oei said.

The government has also offered undocumented East Africans a temporary registration window, saying those who register will be presumed legally present while their status is regularised.

“For the duration of this designated registration period, all individuals undergoing registration will be presumed legally present in the Republic of Kenya. This window is designed to bring our brothers and sisters out of the shadows, ensuring they can access health, banking, and legal protections without fear,” a government spokesperson said.

“This administrative regularization will be conducted in close coordination with our regional partners.”

Despite those assurances, some Burundians say they feel compelled to leave.

“They should give us at least a week to plan and go back to Burundi or help us cross the border,” said Munezero Farnke, 18. “I have lived here for three years without even an ID and I was planning to go back next year.”

“There are so many people who have come here and we don’t know when we will get any help. I am not going home by choice. I have been forced to go,” said Peter Nakumujango, 62.

The issue has also exposed a tension in Kenya’s approach to foreign investment. Ruto has said Kenya welcomes investors but should not allow foreigners to compete with Kenyans in low-margin informal businesses.

His comments came after Kenyan traders protested over tax reforms and demanded greater protection from foreign competition.

But the distinction between foreign investment and small-scale trading is not always clear. A foreign national may own a shop, employ Kenyan workers, import goods or supply other businesses while operating within the same commercial environment as Kenyan traders.

That makes enforcement consistency critical, particularly for the East African Community, whose members have committed to deeper regional integration and the movement of people, goods, services and capital.

Burundi’s Foreign Affairs Minister Edouard Bizimana said in a post on X that “Kenyans in Burundi were living peacefully but if the hate speech against Burundi continues things will certainty change”.

“Kenya government is responsible for the lives of Burundians living in Kenya,” he added.

Bizimana said he had asked Kenya’s ambassador to Burundi to convey Nairobi’s concerns and ensure that no Burundian was subjected to abuse.

The Kenyan government has said it has “absolute zero tolerance toward any form of harassment, intimidation, or xenophobia”, while police have warned Kenyans against targeting foreigners.

Kenya hosts about 16,000 Burundian refugees and asylum seekers, according to the United Nations refugee agency. It is unclear how many are involved in small-scale businesses.

Many reports, including the World Bank, rank Burundi among the poorest countries in the world in terms of GDP per capita.