East African nationals can enter Kenya without a visa, but the right to move freely across borders does not automatically give them permission to work, operate a business or engage in trade without the required documentation.
The distinction has come into focus following the government’s recent crackdown on unlicensed businesses operated by foreign nationals, which has caused uncertainty among East African traders, particularly Burundian nationals living and working in Nairobi.
President William Ruto’s directive targeting unlicensed businesses, hawking and retail stalls operated by foreign nationals sparked concern among traders, with some foreign nationals seeking travel documents from their embassies.
The government has since clarified that the directive is not a blanket ban on foreign traders. Authorities have also opened a temporary registration window for undocumented East Africans to regularise their status.
Here is what the rules mean for East Africans seeking to enter, live, work or trade in Kenya.
Can East Africans enter Kenya without a visa?
Yes.
Under the East African Community (EAC) Common Market Protocol, citizens of EAC partner states are entitled to enter other member countries without obtaining a visa.
The framework also provides for free movement within member states, including the ability to stay for up to six months and leave the country without restrictions.
The principle of regional free movement has existed for decades. It dates back to early East African cooperation arrangements involving Kenya, Uganda and Tanzania, while the EAC passport system was introduced in 1999.
The Common Market Protocol, which came into force in July 2010, subsequently established a broader legal framework for the free movement of people, workers and services across participating states.
The EAC currently comprises Kenya, Uganda, Tanzania, Rwanda, Burundi, South Sudan and the Democratic Republic of Congo.
The protocol also provides for the free movement of workers and requires partner states to avoid discrimination against workers from other member countries based on nationality.
However, free movement is not an unlimited right. Restrictions may be imposed on grounds such as public policy, public security or public health, subject to the requirements of the regional framework.
Does visa-free entry allow East Africans to work or trade?
Not automatically.
This is where the distinction between entry, residence and economic activity becomes important.
Kenya’s Trade Cabinet Secretary Lee Kinyanjui has maintained that visa-free entry does not give a foreign national an automatic right to work, conduct business or trade in the country.
Foreign nationals must comply with Kenyan immigration requirements as well as applicable business, licensing and employment regulations.
Kenya’s immigration laws require non-citizens engaging in activities that require authorisation to have the appropriate permit, pass or other legal documentation.
For qualifying EAC nationals, Kenya has generally provided concessions on work-permit fees. However, this does not mean that an individual can work or operate a business without regularising their status.
Those intending to work for extended periods are required to obtain the appropriate work authorisation.
Why foreign traders are at the centre of the dispute
The latest government crackdown has largely focused on small-scale businesses, including hawking, kiosks and informal retail activities.
The government says the measures are intended to protect opportunities for Kenyans, particularly in areas where unemployment and limited access to formal employment remain major concerns.
The crackdown has, however, raised questions about how domestic enforcement measures interact with Kenya’s obligations under the EAC Common Market Protocol.
Kinyanjui has acknowledged that Kenya remains bound by its regional commitments on the movement of people and goods.
The challenge for authorities is therefore to enforce Kenyan immigration, business and licensing laws without unlawfully restricting rights guaranteed under regional agreements.
The issue also carries the possibility of reciprocal action. Restrictions against traders from other EAC countries could potentially trigger similar measures against Kenyan businesses operating elsewhere in the region.
What East Africans need to live and trade in Kenya
For an East African national travelling to Kenya, a visa is not required.
Citizens of EAC partner states can stay in Kenya for up to 180 days, subject to the applicable immigration rules, without obtaining a visa or Electronic Travel Authorisation.
However, anyone intending to work, operate a business or engage in trade must ensure they have the necessary legal documentation.
EAC nationals seeking employment can apply for the relevant work authorisation, with qualifying applicants able to access concessions on permit fees. Those operating businesses must also comply with Kenyan registration, licensing and other regulatory requirements.
The government has meanwhile provided a 90-day window for foreign nationals conducting businesses in Kenya to regularise their immigration, work permit, registration and licensing status.
Authorities have also indicated that they are working with regional embassies to help undocumented East Africans regularise their stay rather than face immediate removal.
The current dispute therefore does not remove the underlying EAC right to visa-free movement.
Instead, it highlights the distinction between the right to enter and reside in Kenya and the separate legal requirements governing employment, business ownership and trade.
For East Africans, crossing the border remains largely straightforward. The bigger question is what they intend to do after entering Kenya—and whether they have obtained the permits and licences required for that activity.
