Kenya PAP Delegation Head Condemns Anti-Burundi Hostility, Warns Africa Must Not Turn Against Itself

Senator Danson Mungatana condemns threats against Burundians in Kenya, urging lawful immigration enforcement and respect for AfCFTA and Pan-African values.

The Head of Kenya’s delegation to the Pan-African Parliament, Hon. Senator Dr. Danson Mungatana, has strongly condemned the reported harassment, intimidation and targeting of Burundian nationals living and doing business in Kenya.

In a statement issued in Nairobi, Senator Mungatana said Kenya must not permit economic grievances or concerns about immigration compliance to degenerate into xenophobia, vigilantism or attacks against fellow Africans.

“Kenya must not become a country where fellow Africans are harassed, intimidated or targeted because of their nationality,” he declared.

The intervention follows growing anxiety among Burundian and other East African communities after President William Ruto directed authorities to act against foreign nationals operating small-scale businesses without the necessary permits.

Hundreds of Burundians subsequently gathered at their embassy in Nairobi seeking travel documents, with some saying they feared for their safety. The Kenyan Government later announced a 90-day regularisation period for undocumented East African nationals and reaffirmed a policy of zero tolerance for harassment, intimidation and xenophobia. Reuters reported that some Burundian residents had received threats following the President’s remarks, while Associated Press reported that the Government had undertaken to conduct the documentation exercise in coordination with foreign embassies.

Mungatana: Kenya must practise the Pan-Africanism it preaches

Senator Mungatana said the controversy extended beyond Kenya’s domestic immigration and business-regulation policies because it directly implicated the country’s Pan-African commitments.

“As Head of the Kenya Delegation to the Pan-African Parliament, I consider this matter not merely a Kenyan domestic issue, but one that touches the very foundation of the Pan-African project,” he said.

Kenya, he observed, was among the first countries to ratify the Agreement establishing the African Continental Free Trade Area and later became a pioneer participant in the AfCFTA Guided Trade Initiative.

Under the initiative, Kenya exported goods to Ghana in 2022 and subsequently introduced value-added Kenyan tea brands into the Ghanaian market.

According to Senator Mungatana, such progress would be contradicted if Kenya promoted continental trade while allowing hostility towards African traders within its borders.

“We cannot, on the one hand, call for Africans to trade with one another while, on the other hand, creating an atmosphere of hostility towards African traders who come to Kenya,” he said.

“This is the Africa we should be building: a Kenya that sells to Ghana, a Ghana that sells to Kenya, a Burundi that trades with Kenya, and an Africa where Africans are able to create prosperity together.”

Immigration concerns must be addressed through law

The Senator drew a firm distinction between legitimate enforcement of immigration, employment, taxation and business-licensing laws and the unlawful targeting of people because of their nationality.

He maintained that every foreign national operating in Kenya must comply with the country’s laws. However, suspected non-compliance must be investigated and addressed by the appropriate authorities, not by mobs, political agitators or self-appointed enforcement groups.

“Where a person is operating without the required permit or license, the remedy is the law. Where there is a breach of immigration law, the remedy is the law. Where there is a breach of business licensing requirements, the remedy is the law,” he stated.

“There can be no justification for mob action, threats, harassment, discrimination or vigilantism.”

The Government has similarly clarified that its initiative is intended to regularize foreign residents and businesses rather than intimidate them. It has warned that enforcement will follow the expiry of the 90-day documentation window, while promising legal protection for those participating in the process.

Nevertheless, many Burundians reportedly remain apprehensive. Reuters subsequently found that some were still seeking to return home despite the amnesty and official assurances against xenophobic violence.

Constitutional protections apply to every person

Senator Mungatana grounded his position in Kenya’s Constitution, stressing that several fundamental rights are guaranteed to “every person” rather than exclusively to citizens.

Article 27 recognizes equality before the law and equal protection and benefit of the law. Article 28 protects inherent human dignity, while Article 29 prohibits violence from either public or private sources.

Article 40 also protects property rights, subject to constitutional and statutory restrictions governing non-citizens, including the special rules applicable to landholding.

Consequently, a Burundian national lawfully living or conducting business in Kenya cannot legally be threatened, assaulted, dispossessed or expelled from business premises by private individuals.

The Senator called for immigration and commercial regulations to be administered professionally, consistently and without discrimination.

Interior Ministry urged to investigate incitement

Senator Mungatana called upon the Ministry of Interior and National Administration, the National Police Service and other security agencies to establish the facts surrounding the reported incidents.

He urged the authorities to identify individuals who may have organized, incited or participated in threats and unlawful actions against Burundian nationals.

Where evidence discloses criminal conduct, he said, the suspects should be investigated and brought before the appropriate courts.

“Kenya cannot allow organized xenophobia, ethnic hostility or incitement against fellow Africans to take root,” he warned.

The appeal is significant because hostile political rhetoric can quickly legitimize private intimidation, even where the Government’s stated policy is limited to lawful immigration or business enforcement. Clear communication and prompt action against threats are therefore essential to prevent regulatory measures from becoming a pretext for xenophobic mobilization.

Consistency with PAP campaign against xenophobia

Senator Mungatana also recalled that he recently moved a motion before the Pan-African Parliament calling for stronger measures to prevent and eliminate xenophobic violence against African nationals in South Africa.

That motion, he explained, was based on the principle that the rights and dignity of an African must be defended consistently, irrespective of where the person comes from or resides.

“It would therefore be completely contradictory for us to condemn xenophobia when it happens to Kenyans or other Africans abroad, while remaining silent when fellow Africans face hostility here in Kenya,” he said.

During the PAP debate, parliamentarians reaffirmed that violence, intimidation and discrimination against Africans were incompatible with Pan-Africanism, Ubuntu and the African Union’s integration agenda.

Mungatana’s statement consequently challenges Kenya to apply domestically the same standards its representatives advocate at continental level.

Kenya and Burundi bound by regional integration

Kenya and Burundi are both members of the East African Community, whose integration programme seeks to facilitate progressively freer movement of goods, services, labour, capital and persons across the region.

Senator Mungatana warned that economic hardship, political rhetoric and commercial competition should not be allowed to turn East African communities against one another.

“If there are genuine concerns about foreign nationals competing unfairly with Kenyan businesses, let those concerns be addressed through proper policy, licensing, taxation, immigration and labour enforcement,” he said.

“Let the law decide, not the mob.”

He reminded Burundian nationals that they must comply with Kenyan law but emphasized that non-compliance, where established, does not extinguish their human dignity or authorize private violence and collective punishment.

“Africa must not turn against Africa”

Concluding his statement, Senator Mungatana called on political leaders, the media, religious institutions, civil society and business organizations to reject xenophobia and promote peaceful coexistence.

He argued that Africa’s prosperity depends upon increasing not restricting lawful trade, investment and movement among African countries.

“We need more African traders crossing borders. We need more African businesses investing in other African countries,” he said.

“The Pan-African dream cannot be achieved if Africans fear one another.”

His central message was that Kenya can protect local businesses, enforce its laws and regulate participation in sensitive economic sectors without demonizing foreign nationals or encouraging hostility against neighbouring African communities.

“Africa must not turn against Africa. Kenya must lead by example,” Senator Mungatana concluded. “Let us trade with Africa. Let us invest in Africa. Let us live together as Africans.”