Makau Mutua: Enforcing foreign-trader rules not xenophobic, but ‘responsible governance’

President William Ruto's efforts to enforce laws governing foreign nationals working and doing business in Kenya are not xenophobic, but a responsible exercise of state authority, according to Senior Advisor on Constitutional Affairs Makau Mutua. Mutua stated that foreigners should regularize their status, follow Kenyan laws, and engage in economically valuable activities.

"Asking foreign nationals to be regularized, follow the law, and contribute to the country's economy is responsible governance," Mutua explained. This comes amid ongoing debate over Ruto's warning that foreigners may be barred from certain businesses, particularly small-scale retail and informal trade. The government has clarified that it is targeting non-compliance, not nationality, and assured foreign nationals with proper documentation that they remain legally protected.

Foreign Affairs Principal Secretary Korir Sing'oei emphasized that the President's statement was taken out of context and that all legally operating foreigners would be safeguarded. The Local Content Bill currently before Parliament is the subject of Ruto's remarks. Ruto announced that certain businesses would be reserved for Kenyan citizens, and urged MPs to scrutinize the proposed legislation.

The Ministry of Investments, Trade and Industry (MITI) has maintained that visa-free entry does not grant the right to work, trade, or operate businesses, and warned against deliberate misuse of immigration status. Despite the debate, Kenya remains open to legitimate investors and businesses that operate within the law and contribute to the country's growth and development.