A coalition of major non-governmental organizations has strongly condemned President William Ruto’s recent directive targeting foreign-owned small businesses, warning that the policy risks fueling discrimination, xenophobic profiling, and widespread harassment of vulnerable migrant communities.
The backlash follows President Ruto’s remarks during a meeting with small and medium-sized enterprise owners at State House on September 2. During the gathering, the president threatened to close foreign-owned small enterprises and issued a strict compliance deadline of Monday, September 7, 2026. While acknowledging the government’s legitimate authority to regulate the small business sector and protect local Kenyan traders, civil society groups argue that the sweeping directive as pronounced is fundamentally unconstitutional and violates domestic and international legal frameworks.
The joint statement was signed by a broad alliance of human rights and humanitarian entities, including Kituo Cha Sheria, The Legal Caravan, the International Rescue Committee, Refugee Legal Networks, the Migration Pulse Hub, and Jtoubin Ancient Hearts CBO. Additional signatories include the Frena Community-Based Organization, The Global Strategic Litigation Council, The Horn Refugee Voices, Youth Voices Community, the Community Support Initiative for Refugees, Jesuit Refugee Service Kenya, and RefuSHE.
The lobby groups warned that an indiscriminate government crackdown could expose refugees, asylum seekers, and other legal migrants to arbitrary arrests, harassment, extortion, the confiscation of goods, forced business closures, and potential community violence. They noted that such actions directly breach Article 27 of the Kenyan Constitution, which guarantees equality and equal protection under the law, as well as Articles 28, 29, and 40, which safeguard human dignity, personal security, and property rights.
Furthermore, the organizations emphasized that Kenya is bound by key international and regional treaties, including the 1951 UN Refugee Convention and the 1969 Organisation of African Unity Refugee Convention. Both frameworks explicitly recognize the right of refugees to engage in wage-earning employment and self-employment. Under Section 28(5) of Kenya’s Refugees Act of 2021, refugees are legally entitled to participate in gainful employment and business subject to applicable laws, while Section 12(4) guarantees asylum seekers the right to remain in the country while their status applications are being determined.
The coalition also pointed out that Kenya is a signatory to the East African Community Common Market Protocol, which guarantees the free movement of workers, services, and the right of establishment for nationals of partner states. Forcing refugees and regional migrants to shut down their enterprises, the groups argued, would strip them of their livelihoods, push them into destitution, and potentially amount to a de facto expulsion that violates the principle of non-refoulement—the international legal prohibition against returning refugees to countries where their lives or freedom would be threatened.
Human rights defenders stressed that the directive threatens to reverse years of hard-won progress in promoting the socioeconomic integration of refugees. They highlighted the 2025 launch of the Shirika Plan as a monumental shift in Kenya’s policy, moving away from an encampment-focused, aid-dependent model toward a sustainable, government-led framework that integrates refugees into national systems and harnesses their economic potential. This approach aligns with commitments Kenya made at the 2023 Global Refugee Forum.
The timing of the executive directive has also raised serious concerns regarding the rule of law. The issue of refugees’ access to lawful employment is currently before the High Court in a case involving refugee petitioners, Kituo Cha Sheria, the Kenya National Commission on Human Rights, and the Refugee Consortium of Kenya, among others. The petitioners are seeking the relaxation of burdensome Class M work permit requirements. A judgment in the case is scheduled for September 8, 2026—just one day after the government’s strict compliance deadline.
Civil society leaders warned that executive pronouncements undermining the legal standing of refugees while the matter remains sub judice could compromise the judicial process. The coalition has urged the administration to recognize the distinct legal protections afforded to migrants under Kenyan and international law, abandon the unconstitutional directive, and issue an immediate, formal clarification regarding its scope.
