The Kenya National Commission on Human Rights (KNCHR) has warned the government against using discriminatory tactics in its crackdown on foreign nationals involved in small-scale businesses.
The Commission says unlawful enforcement could lead to widespread human rights violations if authorities fail to follow the law.
In a statement issued on Tuesday, September 8, 2026, KNCHR said it had received complaints from migrant and refugee communities in different parts of the country.
According to the Commission, some foreign nationals have reported threats, intimidation, discrimination and online harassment linked to the government’s enforcement measures.
KNCHR raises concerns over enforcement
The warning comes days after President William Ruto directed authorities to close small businesses operated by foreign nationals.
The government has also started enforcing restrictions against undocumented traders across the country.
KNCHR Chairperson Claris Ogangah said the Commission had received petitions from refugee and migrant communities in several counties.
The complaints involve alleged threats, intimidation and discriminatory treatment. They also include reports of online attacks targeting foreign nationals.
KNCHR cited reports from Miritini in Mombasa County as an example. However, the Commission stressed that the situation extends beyond the coastal town.
“The Commission has received petitions from refugee communities and other migrant populations in various counties alleging human rights violations, including threats, intimidation, discriminatory treatment and online attacks.”
The Commission added that the reports from Miritini demonstrate the potential risks but should not be treated as an isolated incident.
Burundians seek assistance
Meanwhile, the crackdown has caused growing concern among Burundian nationals living in Kenya.
On Monday, September 7, 2026, hundreds of Burundians lined up outside their embassy in Nairobi. They sought travel documents and assistance amid fears of deportation and business closures.
The government has since opened a temporary registration window for undocumented East African nationals.
Under the arrangement, authorities will presume those undergoing registration to be legally present during the process. The government says it is working with regional partners to regularise their status.
However, the administration has maintained that the crackdown targets foreigners without valid work permits rather than all foreign nationals living in Kenya.
KNCHR calls for lawful enforcement
KNCHR acknowledged that the government has the legal authority to regulate immigration, employment, trade and investment.
However, the Commission said authorities must exercise those powers in line with the Constitution and Kenya’s regional and international obligations.
The Commission also reminded the government of the East African Community Common Market Protocol. The agreement provides for the progressive free movement of people, workers, services and capital among member states.
In addition, KNCHR referred to the controversial Operation Usalama Watch conducted in 2014.
The Commission warned the government to learn from the human rights violations, trauma and economic disruption linked to that operation.
“Kenya must not wait for violations to occur before putting in place appropriate preventive safeguards,” the Commission said.
Commission issues recommendations
KNCHR wants authorities to focus on individual violations of the law instead of collectively targeting migrants, refugees or other foreign nationals.
It also called for clear and accessible systems that allow affected people to check their immigration status and obtain relevant information.
Where legally possible, the Commission said authorities should give people an opportunity to regularise their documentation.
Furthermore, KNCHR called for special protection for refugees, asylum seekers, trafficking victims, migrant workers and children.
The Commission also urged the government to monitor enforcement operations across the country.
It wants authorities to publish data on complaints, arrests, business closures and deportations. KNCHR further called for investigations into any reports of abuse by police officers or members of the public.
KNCHR warns against harassment
The Commission also appealed to Kenyans to avoid taking the law into their own hands.
It warned against physical or online harassment, intimidation, violence and discrimination targeting foreign nationals.
“Any such conduct must attract the full force of the law,” KNCHR said.
KNCHR said it will continue monitoring the situation across the country.
The Commission will also engage government agencies, migrant communities and refugees while documenting alleged violations for possible investigation or legal action.
It urged anyone who experiences or witnesses threats, unlawful eviction, property destruction or other human rights abuses to report the incidents to the police or KNCHR through its official reporting channels.
