In a statement dated September 9, 2026, the commission expressed concern over recent government directives and public statements calling for action against small businesses operated by foreign nationals.
The rights body said it had received reports alleging that some foreign-owned businesses, particularly those run by Burundian nationals, had been attacked, looted or destroyed following remarks made by President William Ruto on September 2.
Ruto had directed the government to take action against foreigners involved in small-scale businesses, including hawking and retail activities, arguing that such opportunities should primarily benefit Kenyan traders.
The reports have reportedly caused anxiety among Burundians living and doing business in Kenya, with hundreds of people seeking assistance at the Burundi Embassy in Nairobi.
Some Burundian nationals were reportedly seeking travel documents amid uncertainty surrounding the government's directive, with some expressing fears for their safety and considering returning to Burundi.
However, the government later announced a 90-day window for foreign traders to regularise their immigration status, work permits, business registrations and licences before stricter enforcement begins.
The ACHPR acknowledged that Kenya has the authority to enforce laws governing immigration and business operations but stressed that such enforcement must comply with the law and respect fundamental human rights.
The commission warned against enforcement actions that could potentially encourage violence, intimidation or attacks against foreign nationals.
It reminded Kenya that the African Charter on Human and Peoples’ Rights protects rights including equality, non-discrimination, dignity, life, security and property.
According to the commission, these protections apply to everyone within a country's territory, including migrants and foreign nationals.
The ACHPR has called on the Kenyan government to investigate reports of violence and intimidation against foreign traders and ensure that members of the public do not use government enforcement measures as an excuse to attack or threaten them.
The commission further urged authorities to ensure that immigration and business regulations are implemented according to the principles of legality, due process, equality and non-discrimination.
The African rights body said it would continue monitoring the situation closely and remained ready to engage with the Kenyan government over its human rights obligations.