Senate seeks crackdown on illegal foreign employment

Senators have raised alarm over the increasing presence of foreign nationals working in Kenya’s informal sector, questioning whether they have the necessary legal documentation.

The lawmakers are demanding answers from the government regarding the influx of foreign workers in small businesses, salons, barbershops, and street vending, arguing that such opportunities should be preserved for Kenyans.

Machakos Senator Agnes Kavindu led the calls for scrutiny on Wednesday, stating that many of these foreigners may not have the proper work permits.

"There is an increase in the number of foreign nationals working in Kenya informally," she said.

As a result, the Senate has summoned officials from the Ministry of Interior and the Immigration Department to shed light on the issue.

The lawmakers want to determine if these individuals are working in compliance with Kenya’s labour and immigration laws.

The Senate’s National Security, Defence, and Foreign Relations Committee has launched an investigation to establish the exact number of foreign workers in the informal sector.

Part of the probe will focus on whether they hold valid work permits and if proper immigration procedures were followed before they secured employment.

Additionally, the committee will review the government’s policies on handling illegal stay and undocumented foreign workers. Senators are pushing for clear regulations to monitor foreign workers and ensure they adhere to licensing, taxation, and labour laws.

"Explain any steps the government is taking to regulate and monitor this category of foreign workers to ensure they comply with the licensing, taxation and labour laws and clarify any measures in place to protect job opportunities for Kenyan citizens in the informal business sector," Kavindu added.

In 2020, the government pledged strict enforcement of work permit regulations, emphasizing that only expatriates with specialized skills unavailable locally would be granted permits.

The Ministry of Devolution had announced that recommendations for work permits would only be issued if it was proven that no Kenyans had the required expertise.

"Take note that the board shall not issue any recommendations unless it is proven and or demonstrated that there are no Kenyans with the skills required available in the local market," the ministry had stated at the time.

Despite these measures, the number of foreigners engaging in informal business activities has continued to rise.

The Kenya Citizenship and Immigration Act, 2011, mandates that all foreign nationals must possess a valid work permit, residence permit, or pass to be legally present in the country.

Section 34 (1) of the Act specifies that foreigners working or conducting business without proper authorization are in violation of the law.

It is also illegal for employers to hire foreigners without valid permits.

Senators are now calling for stricter enforcement of immigration laws to curb illegal employment and protect job opportunities for Kenyans.