KNCHR Cautions Gov't Against Crackdown on Foreign Nationals

The Kenya National Commission on Human Rights (KNCHR) has cautioned the government against a crackdown targeting foreign small-scale traders without following due process.

In a statement on Tuesday, September 8, KNCHR Chairperson Claris Ogangah raised concern over potential human rights implications after President William Ruto ordered the immediate closure of small businesses operated by foreign nationals.

Ogangah said the commission had received petitions from refugee communities and other migrant populations alleging threats, intimidation and discriminatory treatment. 

“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. 

“Reports from Miritini, Mombasa County, illustrate the potential for violations, but the Commission emphasizes that this is a broader national concern and should not be viewed as confined to any particular locality,” read part of the statement. 

KNCHR warned the government against enforcing the crackdown on foreign nationals doing small-scale businesses unlawfully. 

Ogangah said the foreigners must be afforded due process, including a fair opportunity to be heard. 

“The commission cautions government agencies against summary enforcement measures that impose punitive consequences on individuals before they are afforded due process, including a fair opportunity to be heard and, where applicable, to challenge decisions through lawful mechanisms,” she stated. 

The KNCHR Chairperson also warned members of the public against harassing or attacking foreign nationals. 

“No person should engage in physical or online conduct that threatens, attacks, harasses, intimidates or otherwise unlawfully interferes with the safety, dignity, rights or lawful activities of foreign nationals. Any such conduct must attract the full force of the law,” she stated. 

Further, Oganga called on the government to ensure lawful, rights-based and non-discriminatory enforcement, safeguard vulnerable persons and to establish accessible compliance mechanisms, and to prevent abuse and strengthen oversight, accountability and protection. 

“The KNCHR will continue to monitor the situation nationally, engage relevant duty bearers and migrant and refugee communities, and document human rights violations for appropriate action, including referral for investigation and, where necessary, litigation,” the statement added. 

On Monday, Wiper Leader Kalonzo Musyoka condemned the government over a declaration of a crackdown on foreigners running small-scale businesses in the country.

Kalonzo said the announcement has left Burundians scrambling for safety at their Embassy in Nairobi, which negatively affects Kenya's diplomatic relations with its neighbours.

"A lack of diplomacy risks deepening divisions between communities, regions, and nations and destabilising economic activity at a time when Kenya can least afford it," he stated.

The former Vice President opined that the crackdown on foreigners was not the most efficient way of addressing the issues facing small Kenyan businesses, but was retrogressive.

He added that the only solution was to remove the bottlenecks that undermine a favourable business environment in the country.