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NAIROBI, Kenya — The Kenyan government has issued a fresh clarification on its visa-free entry policy, warning foreign nationals that being allowed to enter the country without a visa or Electronic Travel Authorization (eTA) does not automatically give them the right to work, trade or operate a business.

In a statement dated September 6, 2026, Cabinet Secretary for Investments, Trade and Industry Lee Kinyanjui said foreigners must obtain the appropriate immigration permits or passes before engaging in employment or commercial activities in Kenya.

The clarification comes amid growing government concern over foreign nationals entering Kenya under tourist or investor status and subsequently engaging in activities that fall outside the conditions of their immigration authorization.

Government Warns Against Misuse of Immigration Status

Kinyanjui said the government had identified cases involving visitors who allegedly misused 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 CS said.

The government has raised particular concern about foreign nationals participating in Kenya’s retail and small-scale trading sectors without the required authorization.

According to the Ministry, foreigners who intend to work, operate businesses or engage in regulated economic activities must ensure that their immigration status corresponds with the activities they undertake.

Visa-free entry, or an exemption from eTA requirements, does not constitute a work permit, business permit or trading license.

Foreign nationals seeking to undertake authorized employment or commercial activities are required to obtain the relevant permit or pass from the Directorate of Immigration Services.

Those found violating immigration requirements could face action under Kenyan law, including cancellation or revocation of their immigration permissions.

Ruto Directs Action Against Foreign Traders

The government’s latest clarification follows a directive by President William Ruto concerning foreign nationals involved in hawking and other forms of small-scale trading.

Speaking on September 2 during a meeting with Micro, Small and Medium Enterprise (MSME) traders at State House in Nairobi, Ruto said the government would take action against foreign nationals engaging in trading activities that should be undertaken by Kenyan citizens.

The President also pointed to a Trade Bill before Parliament, which proposes restrictions on certain trading activities by foreigners.

The government says the measures are intended to protect opportunities for Kenyan traders while ensuring that foreign nationals operating businesses in the country comply with immigration and commercial regulations.

Kenya Maintains Visa-Free Entry Policy

Despite the latest warning, the government says Kenya’s visa-free entry policy remains in place.

Kenya introduced its visa-free entry regime on January 1, 2024, replacing the previous visa application system with an Electronic Travel Authorization framework.

In January 2025, Kenya further removed eTA requirements for citizens of most African countries.

Kinyanjui said the policy has contributed positively to sectors including tourism and investment and stressed that the government remains committed to welcoming legitimate visitors and investors.

The latest announcement therefore does not amount to a reversal of Kenya’s visa-free policy.

Instead, the government is drawing a distinction between the right to enter Kenya and the separate authorization required to work or conduct regulated commercial activities.

Foreign Investors Still Welcome

The government has also sought to reassure legitimate foreign investors and businesses that Kenya remains open for investment.

Kinyanjui said foreign investment that contributes to economic growth, creates employment and supports national development remains welcome.

“Kenya remains open and welcoming to legitimate investors and businesses that operate within the law,” Kinyanjui stated.

The government is also expected to implement the measures while taking into consideration Kenya’s obligations under the East African Community (EAC), particularly commitments relating to the movement of people and goods among member states.

What Foreigners Need to Know

Foreign nationals visiting Kenya should understand that:

• Visa-free entry does not automatically authorize employment.
• An eTA exemption does not grant permission to operate a business.
• Foreigners engaging in employment or regulated commercial activities must obtain the appropriate permit or pass.
• Immigration status must correspond with the activities being undertaken in Kenya.
• Violations may result in cancellation or revocation of immigration permissions and other action under Kenyan law.

For visitors, tourists and legitimate investors, Kenya’s visa-free entry arrangements remain in place. The government’s message is that entry into the country and permission to work or conduct business are two separate matters.

KASSM TV USA | Kenya News