Lawyer Peter Wanyama has weighed in on the growing debate surrounding President William Ruto’s directive targeting foreigners engaged in small-scale businesses, calling for tighter enforcement of immigration rules while urging Kenyans to approach the issue without hostility towards other Africans.
Wanyama said Burundians remain welcome in Kenya but argued that those living and working in the country should be properly documented to enable authorities to establish where they live and what activities they undertake.
“Burundians are welcome to Kenya but they should be documented so that we know where they are and what they do,” Wanyama said, adding that he would welcome any African who enters Kenya lawfully and is properly documented.
His remarks come amid growing anxiety among some Burundian nationals in Nairobi following the government's renewed focus on foreigners operating small businesses. The situation has seen some Burundians seek travel documents from their embassy amid fears over possible disruption of their businesses.
Wanyama questioned why Kenya has immigration regulations if authorities are unable or unwilling to consistently enforce them. He argued that the debate should also consider the country's high unemployment levels and the growing number of young people seeking opportunities in the informal economy.
He cited the large number of motorcycle taxi operators in Nairobi, commonly known as nduthis, as an example of a sector that has attracted many young Kenyans seeking income.
“How do we regulate the sector to manage crime? Is the sector free-for-all? What is the opinion of the riders?” he posed.
The lawyer further compared Kenya's approach with Tanzania, arguing that the neighbouring country is stricter in enforcing immigration requirements and that foreigners face difficulties working there without proper documentation.
Wanyama also warned that immigration can become politically sensitive when foreigners are perceived to be dominating economic opportunities traditionally occupied by locals. He pointed to Europe, where immigration has become a major political issue in several countries.
However, he cautioned against applying double standards, particularly among professionals. He noted that some lawyers oppose foreign Rwandese and Burundian lawyers working in Kenya because of competition for jobs while supporting the presence of foreigners in other sectors.
Wanyama called for a “candid discussion” on how Kenya can integrate Burundians and other East Africans lawfully and humanely, including determining which sectors foreigners can participate in and under what documentation requirements.
The debate comes as the government maintains that its measures are aimed at enforcing immigration and business regulations rather than targeting any particular nationality.