Kenya's refugees gain new guide to secure legal work permits
Nairobi, 5 September 2026
As Kenya faces a crackdown on foreign-owned businesses, a new guide helps refugees navigate complex work permit laws ahead of a crucial High Court ruling on employment rights.
A Shifting Legal Landscape for Refugee Entrepreneurs
The economic security of refugees in Kenya has entered a critical phase following a directive issued by President William Ruto on 2 September 2026 [2]. During a meeting with small and medium-sized enterprise (SME) owners at State House, the President threatened to close foreign-owned small businesses, setting a strict compliance deadline of Monday, 7 September 2026 [2]. This sudden policy shift has sparked intense concern, with a coalition of civil society organisations—including Kituo Cha Sheria, the International Rescue Committee, and the Jesuit Refugee Service Kenya—formally condemning the directive on 4 September 2026 [2]. They warn that the measures risk inciting xenophobia, discrimination, and harassment against vulnerable foreign business owners [2].
Constitutional and International Protections Under Threat
Advocates argue that the President’s directive is unconstitutional and directly contravenes both domestic and international law [2]. Legally, the directive is said to violate Article 27 on equality, Article 28 on dignity, Article 29 on security of the person, and Article 40 on property rights under the Kenyan Constitution [2]. Furthermore, Section 28(5) of the Refugees Act, 2021, explicitly guarantees refugees the right to engage in self-employment and business [2]. By threatening to shut down these enterprises, the directive also conflicts with Kenya’s commitments under the 1951 UN Refugee Convention and the 1969 OAU Refugee Convention, both of which protect refugees’ rights to wage-earning employment and self-employment [2].
Step-by-Step Guide to Class M Work Permits
In light of these mounting regulatory pressures, practical guidance has become vital for refugees seeking to legitimise their economic activities. To address this, the Refugee Consortium of Kenya (RCK) published a comprehensive guide on 5 March 2026, outlining the legal procedures required to register for a Class M work permit [1]. The guide is designed to help refugees in Kakuma, Kalobeyei, and other parts of the country transition into formal employment and establish secure livelihoods [1][GPT]. Although the Refugee Act legally permits refugees to work, navigating the bureaucratic application process has historically been a significant barrier; this step-by-step resource seeks to simplify the process for second-language speakers [1][GPT].
The Impending High Court Judgment
The struggle for refugee employment rights will reach a pivotal moment on Tuesday, 8 September 2026, when the High Court is scheduled to deliver a major judgment [2]. The court case, brought forward by petitioners including Kituo Cha Sheria, the Kenya National Commission on Human Rights, and the Refugee Consortium of Kenya, directly challenges the burdensome requirements currently tied to obtaining Class M work permits [2]. A favourable ruling could dismantle long-standing administrative barriers, aligning the legal reality with the progressive intentions of Kenya’s refugee laws [2].
Undermining the Shirika Plan
This legal and political friction comes amid broader efforts to reform Kenya’s refugee management. In 2025, the government launched the Shirika Plan, a sustainable development framework designed to transition away from aid-dependent encampment models toward complete socio-economic integration [2]. Civil society organisations have expressed deep concern that President Ruto’s directive threatens to reverse these hard-won integration milestones, undermining regional cooperation and causing irreparable harm to asylum seekers who are legally protected from being returned to hostile environments [2].