The African commission on human and peoples’ rights has expressed “grave concern” over the situation of foreign nationals in Kenya following statements and directives concerning small businesses operated by foreign nationals. The Commission says it has received reports of physical attacks, intimidation, harassment, looting and destruction of businesses, particularly targeting Burundians. It is calling on Nairobi to investigate these incidents and ensure the protection of foreign nationals and migrants, irrespective of their legal status. (Le Mandat)
In a statement dated September 9, 2026, in Banjul and published on September 11, the African Commission on Human and Peoples’ Rights (ACHPR) expressed “grave concern” over the human rights implications of recent public statements by Kenyan President William Ruto, particularly his September 2 statement suggesting the immediate closure of small businesses operated by foreign nationals.
The Commission cited reports of physical attacks, intimidation and harassment targeting establishments of foreign nationals, particularly Burundians. Some reportedly experienced looting and destruction of their businesses, costing them their livelihoods.
The Commission also noted that the situation had triggered heightened anxiety and uncertainty, particularly among Burundians living in Kenya, prompting hundreds of them to go to the Burundian Embassy in Nairobi.
Regulating without inciting hatred against foreigners
The Commission does not question Kenya’s authority to enforce laws regulating migration and the establishment and operation of businesses.
It warns, however, that such authority must be exercised in full compliance with due process of the law and fundamental human rights and, above all, without triggering “incitement of hate and violence against foreign nationals.”
In this regard, it recalls Kenya’s obligations under the African Charter on Human and Peoples’ Rights, particularly the rights to non-discrimination, equality, dignity and the security of the person, life and property.
The Commission particularly stresses that these protections are guaranteed to all individuals within a state’s territory, including foreign nationals and migrants “irrespective of their legal status.”
Nairobi urged to protect foreigners, particularly Burundians
In response to the reports it has received, the Commission is calling on the Kenyan government to conduct prompt investigations into all reported incidents of violence and intimidation against foreign nationals, in accordance with international human rights standards.
It is also asking the authorities to take measures to ensure that members of the public cease acts of violence and intimidation while purporting to enforce directives on the closure of small businesses operated by foreign nationals.
The Commission further calls on Nairobi to take all necessary measures to ensure the protection of foreign nationals and migrants residing in Kenya, particularly those operating small businesses.
It asks that particular attention be given to Burundian nationals at risk of intimidation and violence.
Finally, the Commission says the enforcement of immigration and small-business laws must comply with four standards: legality, due process of the law, equality and non-discrimination.
The Commission says it will continue to monitor the situation closely and remains ready to engage with and support the Government of Kenya in upholding its human and peoples’ rights obligations and ensuring justice, accountability and the protection of human and peoples’ rights in Kenya.
