Kenya has clarified that foreigners entering the country under the visa-free regime cannot automatically work, trade, or do business without obtaining the appropriate immigration authorization.
In a statement dated September 6, the Cabinet Secretary for Investments, Trade and Industry, Lee Kinyanjui, explained that visa-free entry and exemption from Electronic Travel Authorization (eTA) requirements only facilitate entry into Kenya and do not grant foreigners the right to work or conduct commercial activities.
Government Warns Against Misuse of Immigration Status
Kinyanjui stated that the government had identified cases where foreigners entered Kenya under tourist or investor status and then engaged in activities outside the conditions attached to their immigration status.
“There has been deliberate misuse of visa applications by some visitors, leading to persons on investor or tourist status engaging in activities contrary to the provisions of the grant,” the Cabinet Secretary noted.
Additionally, the government raised particular concern over the participation of foreign nationals in Kenya’s retail and local trade sectors without the necessary authorization.
Kinyanjui said foreigners undertaking economic activities in the country must ensure their immigration status matches the work or business they are carrying out.
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The Ministry stressed that visa-free entry or exemption from eTA requirements does not, on its own, authorize a foreign national to work, trade or operate a business in Kenya.
Foreign nationals seeking authorized employment or commercial activities must obtain the relevant permit or pass from the Directorate of Immigration Services.
He further emphasized that those found violating immigration requirements may face action under the law, including the revocation of their visas or other immigration permissions.
The clarification follows President William Ruto’s directive targeting foreign nationals engaging in activities such as hawking and other forms of local trade without the required documentation.
Speaking on September 2 during a meeting with Micro, Small and Medium Enterprise (MSME) traders at State House, Nairobi, Ruto issued a directive stating that the the government would move against foreign nationals engaged in hawking and small-scale trading meant for Kenyan traders.
Further, he explained that a Trade Bill currently before Parliament proposes restricting foreigners from undertaking certain trading activities in the country.
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Kenya Maintains Visa-Free Policy
Kenya introduced its visa-free entry regime for visitors from across the world on January 1, 2024, replacing the previous visa application system with an electronic travel authorization framework.
In January 2025, Kenya also removed eTA requirements for citizens of most African countries.
Kinyanjui argued that the visa-free measures had contributed positively to sectors such as tourism and investment, with the government maintaining that it remains committed to the policy.
The latest clarification does not therefore represent a reversal of Kenya’s visa-free entry arrangements.
Instead, the government is setting the record straight: entry privileges are separate from the immigration permissions required for employment and regulated commercial activities.
Additionally, the Ministry will implement the measures while taking into account Kenya’s obligations under the East African Community, including commitments relating to the movement of people and goods among member states.
At the same time, the government maintained that Kenya remains open to legitimate foreign investors and businesses operating within the law.
“Kenya remains open and welcoming to legitimate investors and businesses that operate within the law,” CS Lee Kinyanjui stated.
According to Kinyanjui, foreign investment that contributes to economic growth, job creation, and national development remains welcome.
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