Senators want the executive to
clarify the legal status of foreign
nationals involved in local business
activities.
The lawmakers expressed concern
regarding the influx of foreigners,
prompting questions about their legal status.
“There is an increase in the number
of foreign nationals working in Kenya informally,” Machakos Senator
Agnes Kavindu said.
These individuals are working in
salons, barbershops, small-scale enterprises and hawking.
The senators said these are jobs
Kenyans should not compete for with
foreigners.
“This has raised concern about
their legal status and the impact on
employment opportunities for locals,”
she stated.
Consequently, lawmakers have
summoned the Interior Ministry officials and the Immigration Department to explain the issue.
MPs also want to establish whether
the foreigners’ presence is in line with
the existing labour and immigration
policies.
The Senate’s National Security, Defence and Foreign Relations is
carrying out the investigations.
The senators want to establish the
official number of foreigners working
in the informal sector.
The probe will specify whether
they have valid work permits and
if proper immigration procedures
were followed before they started
their businesses.
In addition, the panel will determine the government’s measures to
address cases of illegal stay and undocumented workers in the informal
business sector.
“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 labor laws and clarify any measures in place to protect job
opportunities for Kenyan citizens in
the informal business sector,” she said.
In 2020, the government announced the strict enforcement of
tough laws on work permits in what
would have seen foreigners lose their
jobs.
Through the Ministry of Devolution, the state had declared that henceforth, it will only issue work
permits to expatriates in instances
where Kenyans lack the requisite
skills and qualifications to undertake the job.
“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 said.
However, the announcement appeared not to have been effective,
with more foreigners flooding the
country.
The Kenya Citizenship and Immigration Act, 2011, provides for
matters relating to citizenship, travel
documents and immigration.
Section 34 (1) of the Act provides
that the presence of a person who is
not a citizen of Kenya shall be unlawful unless that person holds a valid
work permit, residence permit or pass.
The Act makes it an offence for
a foreign national to engage in any
employment, occupation, trade, business or profession without being authorised.
It is also an offence for a person
to employ a foreigner not permitted
to work in the country.
