Trade experts and human rights advocates call for Pan-African solidarity and bilateral mechanisms to defuse Afrophobia rhetoric and uphold cross-border rights.
By Mary Kiio
In an open-air market an hour away from Nairobi’s central business district, in Joska, Machakos, open spaces where Burundian traders once sold smokies and mutura (African sausage) now stand empty. Fearing community harassment and political backlash, many small-scale traders have disappeared from their workstations, abandoning their daily livelihoods despite official calls for calm.
The widespread anxiety follows public statements by Kenyan President William Ruto directing foreign small-scale hawkers to leave, arguing that informal retail should be reserved for Kenyan citizens while foreign nationals enter strictly as formal investors. Although the President later clarified that all African citizens are welcome to trade, provided they hold valid documentation, the initial rhetoric ignited severe unease across migrant communities. This clarification was critical as his initial statement calling for foreign small traders be handled, happened months after Xenophobic attacks happened in South African against undocumented African nationals working in the country.
At the Burundian Embassy in Nairobi, officials reported a sudden influx of nationals seeking emergency travel clearance to return home safely—a sign of how swiftly political commentary can strain social cohesion and trigger fears of community-led Afrophobia.
Diplomatic Dialogue Over Punitive Amnesty
To temper the situation, the Kenyan government announced a 90-day amnesty window for
undocumented foreign traders to regularize their work permits and business licenses. However, legal experts warn that setting punitive countdowns risks exacerbating xenophobic sentiment rather than resolving underlying policy issues.
“To prevent xenophobic rhetoric, the government needs to move away from rigid amnesty windows and instead resolve these matters diplomatically,” says Okero Jayalo, an International Trade Lawyer based in Nairobi. He points to the Joint Permanent Commission for Cooperation (JPCC) between Kenya and Burundi—which last met in April 2025—as the legitimate, nonviolent forum to handle immigration and cross-border trade affairs.
“It is vital to prioritize diplomatic channels so that ordinary citizens do not take the law into their own hands,” Jayalo adds. “Security and immigration concerns must be addressed through established legal frameworks, while ensuring strict measures are enforced against anyone inciting hatred.”
Honoring the Vision of Regional Free Movement
The current tension highlights a growing divide between political posturing and the founding principles of the East African Community (EAC) Common Market Protocol, which guarantees the free movement of goods, labor, rights of establishment, and residence across partner states.
“The sudden calls for migrant traders to leave raise critical questions about what the EAC charter
guarantees regarding MSMEs and cross-border commerce,” notes Edward Wanyonyi, a research
consultant on regional governance. He emphasizes the need for an urgent convening of EAC Labor and Trade Ministers to establish permanent institutional safeguards—preventing cross-border livelihoods from being weaponized during upcoming electoral cycles, such as Kenya’s planned August 2027 general election.
Embracing Pan-African Solidarity
At its core, a nonviolent approach to regional economics requires moving past colonial borders to
embrace shared human dignity and economic rights.
“We need to re-embrace the spirit of Pan-Africanism,” Jayalo stresses. “Kenyans and Africans across the continent must see one another as brothers and sisters, recognizing that these borders were imposed by colonization. When we value one another, we can live harmoniously without overreacting to political statements that harm people we have peacefully coexisted with for generations.”
As discussions around the EAC Micro, Small, and Medium Enterprises (MSME) charter and the African Continental Free Trade Area (AfCFTA) continue, there is need to replace administrative threats with diplomatic dialogue—ensuring that the vision of a borderless, united Africa protects its most vulnerable workers.
