Senators question rising number of foreign workers in Kenya
They argued that an increasing number of foreigners are taking up jobs in small-scale enterprises, salons, barbershops, and even hawking, positions they believe should be reserved for Kenyans.
Senators have raised concerns over the growing presence of foreign nationals engaged in informal businesses across Kenya, urging the government to clarify their legal status.
They argue that an increasing number of foreigners are taking up jobs in small-scale enterprises, salons, barbershops, and even hawking, positions they believe should be reserved for Kenyans.
Machakos Senator Agnes Kavindu voiced her concerns on Wednesday, noting that the trend has sparked questions about the legality of these foreigners’ stay and the impact on employment opportunities for locals.
“There is an increase in the number of foreign nationals working in Kenya informally,” she said.
As a result, the Senate has summoned officials from the Ministry of Interior and the Immigration Department to provide an explanation on the issue.
They want to establish whether these individuals are working in compliance with Kenya’s labour and immigration laws.
The Senate Committee of National Security, Defence, and Foreign Relations is leading investigations to determine the exact number of foreign workers in the informal sector.
The probe will also seek to establish whether they possess valid work permits and whether the necessary immigration procedures were followed before they started working in the country.
Additionally, the committee will assess the government’s strategies for dealing with cases of illegal stay and undocumented foreign workers.
Clear framework
Senators are pushing for a clear framework to regulate and monitor foreign workers to ensure compliance with licensing, taxation, and labour laws.
“Explain any steps the government is taking to regulate and monitor this category of foreign workers to ensure they comply with the licensing, taxation and labour laws and clarify any measures in place to protect job opportunities for Kenyan citizens in the informal business sector,” Kavindu added.
In 2020, the government announced the strict enforcement of work permit regulations, stating that only expatriates with skills unavailable in the local market would be granted permits.
The Ministry of Devolution had declared that no recommendations for work permits would be issued unless it was proven that Kenyans lacked the required expertise.
“Take note that the board shall not issue any recommendations unless it is proven and or demonstrated that there are no Kenyans with the skills required available in the local market,” the ministry had said at the time.
Despite these measures, the number of foreigners engaging in informal business activities has continued to rise.
The Kenya Citizenship and Immigration Act, 2011, clearly stipulates that any foreign national must hold a valid work permit, residence permit, or pass to be in the country legally.
Section 34 (1) of the Act states that foreigners who work or do business in Kenya without the required authorization are in violation of the law.
It is also a criminal offence for employers to hire foreigners who lack the necessary permits. The senators are now calling for stronger enforcement of immigration laws to curb illegal employment and safeguard opportunities for Kenyan workers.
As investigations continue, the government is expected to clarify the measures it is taking to address the situation.
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