Recent government measures concerning foreign nationals engaged in small-scale businesses in Kenya have renewed attention to the importance of protecting livelihoods and ensuring that refugees, asylum seekers and other migrant communities can access economic opportunities safely and lawfully.

Government Measures and Their Implications

On 2 September, President William Ruto issued a directive concerning foreign nationals engaged in small-scale trade and informal retail, initially calling for foreign-owned small businesses to close. The announcement prompted concern among migrant communities and civil society organization, particularly about how the measures could affect people whose livelihoods depend on small businesses and informal economic activities.

The Government subsequently clarified that the measures do not constitute a blanket ban on foreign nationals engaging in small-scale business. Foreign nationals may continue to live, work and conduct business in Kenya provided they meet applicable immigration, work-permit, registration and licensing requirements. The measures are intended to regulate participation in small-scale trade and protect local livelihoods.

Livelihoods, Protection and Self-Reliance

For refugees and asylum seekers, however, the discussion goes beyond questions of business regulation. Access to livelihoods is closely connected to protection, dignity, self-reliance and the ability of displaced people to participate meaningfully in the communities where they live.

Many refugees and asylum seekers seek to build sustainable livelihoods through employment, entrepreneurship, small businesses and other forms of economic activity. These opportunities can help families meet their basic needs, reduce dependence on humanitarian assistance and strengthen their participation in local economies.

Kenya has in recent years also placed greater emphasis on the socioeconomic inclusion and self-reliance of refugees. The Government’s Shirika Plan seeks to move refugee-hosting areas towards a more integrated model in which refugees and host communities can access shared services and economic opportunities. Current implementation efforts include work on livelihoods, enterprise development and inclusion within national and county systems.

This broader policy direction makes the current discussion particularly important. Measures designed to regulate economic activity need to take into account the different legal circumstances of refugees, asylum seekers and other foreign nationals, while ensuring that implementation does not expose people to discrimination, harassment or loss of livelihoods without due process.

JRS and Civil Society Concerns

JRS Kenya, together with other civil society organizations, has expressed concern about the potential impact of the directive on refugees and asylum seekers. In a joint statement issued on 4 September, the organizations called for clarity on the scope and legal application of the directive and stressed the need to recognize the distinct legal status and protections of refugees and asylum seekers. The organizations also highlighted the importance of safeguarding progress made towards refugee inclusion and self-reliance in Kenya.

Potential Protection Risks

From a protection perspective, the implementation of these measures warrants attention to potential risks that may emerge for refugees, asylum seekers and other affected foreign nationals. These may include harassment or physical attacks, fear of reporting abuse because of concerns about victimization or immigration status, difficulties meeting debts or other financial obligations following disruption to livelihoods, and concerns relating to documentation or being perceived as irregular migrants.

There may also be particular concerns for refugees who had been preparing for repatriation and may have surrendered their refugee documentation, potentially leaving them in a more vulnerable position. These should be understood as emerging or potential protection risks that require monitoring, rather than as experiences shared universally by all affected people.

Regulation and Protection Must Go Together

For organizations working with refugees and other displaced communities, including JRS, it is therefore important that regulation and protection are considered together. Clear and accessible information about applicable legal requirements, documentation, business registration and licensing processes, as well as safe and accessible mechanisms for reporting abuse, can help people understand their rights and responsibilities and reduce the risk of further vulnerabilities.

This is particularly relevant in Kenya, where refugees and host communities increasingly share economic spaces and where efforts are underway to build more inclusive local economies. In Turkana, for example, recent efforts under the Shirika Plan have brought together government, county authorities and United Nations agencies to strengthen inclusive public services, sustainable livelihoods and social cohesion for refugees and host communities.

For JRS, accompanying displaced people also means paying attention to the conditions that allow them to live with dignity and participate meaningfully in society. Livelihood opportunities are an important part of that process. They enable refugees and asylum seekers to exercise their skills, support their families and contribute to the communities in which they live.

As discussions around the implementation of the Government’s measures continue, dialogue between government authorities, refugee-led organisations, civil society, humanitarian actors and affected communities will remain important. Ensuring that people understand their rights and responsibilities, while also ensuring that regulations are implemented fairly and without discrimination, can help protect livelihoods, strengthen access to protection mechanisms and support social cohesion.

The current situation therefore raises an important question: how can economic regulation and refugee inclusion work together to ensure that people displaced from their homes can access safe, lawful and sustainable opportunities?

For JRS Kenya and its partners, maintaining this protection perspective remains essential as Kenya continues to develop its approach to refugee inclusion, self-reliance and socioeconomic participation.