Date: September 11, 2026
As Consolation East Africa, alongside our partner organizations under the umbrella of the Network Against Human Trafficking and Smuggling of Migrants (NAHUSOM), we are closely monitoring the ongoing developments surrounding the directive on foreign-operated small-scale businesses.
While we fully respect the State’s constitutional mandate to regulate commerce and protect the interests of local traders, we join our civil society and faith-based partners in advocating for clear administrative safeguards and human-rights-centered implementation.
Key Concerns and Protection Risks
- Vulnerability to Exploitation: Abruptly shutting down micro-enterprises without structured transition frameworks risks driving vulnerable populations—including refugees and asylum seekers legally operating under existing permits—into the informal shadow economy. Abrupt loss of livelihood is a well-documented catalyst for human trafficking, debt bondage, forced labor, and illicit exploitation.
- Family Stability and Social Cohesion: Many foreign nationals have established families, intermarried with Kenyan citizens, and peacefully integrated into local communities over decades. Blanket enforcement mechanisms risk disrupting families and creating unnecessary social friction.
- Risks of Unlawful “Vetting”: We caution against public confrontations or unauthorized “vetting” of foreign nationals by private individuals or business competitors. Such actions open doors for extortion, harassment, false accusations, and violence, which criminal networks and human traffickers can easily exploit.
- Preserving Regional Integration: Kenya remains a key pillar of the East African Community (EAC). Maintaining balanced, rights-based migration governance safeguards Kenya’s diplomatic leadership and protects the livelihoods of Kenyan traders operating across regional borders.
Our Call to Action
To ensure that trade regulations do not unintentionally escalate human trafficking vulnerabilities, Consolation East Africa and NAHUSOM call upon the Government to:
- Suspend Enforcement: Temporarily pause the enforcement of the closure directive to allow for structured consultations with key stakeholders.
- Conduct Impact Assessments: Undertake comprehensive human rights and security assessments to gauge the directive’s potential effects on vulnerable groups.
- Establish Clear Guidelines: Develop transparent administrative guidelines that align with Articles 10 and 47 of the Constitution of Kenya, the Refugees Act, and international counter-trafficking frameworks.
Consolation East Africa remains committed to collaborating with government agencies, civil society, and community stakeholders to advance a secure, fair, and humane environment for all.
