By Calister Bonareri
Nairobi, Kenya: Immigrant workers in Kenya are protected by various laws and policies, including the Constitution of Kenya, the Employment Act of 2007, the Kenya Citizenship and Immigration Act of 2011, and the International Labor Organization (ILO) Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families.
Under these laws and policies, immigrant workers in Kenya are entitled to certain rights, including the right to fair and equal treatment in the workplace, the right to just and favorable conditions of work, the right to join trade unions and engage in collective bargaining, and the right to social security benefits.
However, in practice, immigrant workers in Kenya face several challenges in accessing these rights. For example, some employers may exploit immigrant workers by paying them lower wages than their Kenyan counterparts or subjecting them to poor working conditions. Immigrant workers may also face discrimination and xenophobia in their workplaces and communities.
Like many other immigrants, Henry Tyger is a refugee from Burundi who moved to Kenya seeking greener pastures in 2009. He shares his journey to owning his nail salon in Nairobi’s Central Business District and creating employment opportunities for many Kenyan youth.
Talkafrica talked to him about his business as a refugee in Kenya.
What inspired you to move to Kenya?
When I finished my secondary education in Burundi, it was challenging to get employment even after taking an electrical mechanic course. The easiest job to get at the time was joining the police service training, but I wanted to take something other than that. I decided to travel to Kenya to seek greener pastures.
How was it starting a new life in Kenya?
At the time, few Burundian immigrants were in Kenya, and I didn’t know anyone in Nairobi. I was lucky enough to meet a good Samaritan called Ngugi, and he hosted me for three months, after which he got an opportunity to relocate to Germany. He had a boutique in Ngara selling mitumba (second-hand clothes), where I assisted him as I lived with him. Before he left for Germany, Ngugi showed me how to run the mitumba business, including where to buy stock in the Gikomba market. He left me with his business, so I continued running it as mine.
What challenges did you experience running the Mtumba business?
I moved the business to Nairobi CBD at Kenya Cinema. We rented temporary stalls in the parking area. In 2016 the then-governor, Hon. Kidero, ordered the demolition of our stalls, so I lost my business.
How did you adapt to losing the business?
My friend Ngugi who we have kept in touch with since he traveled to Germany, referred me to an electrical mechanic job at an elevator maintenance company. Due to my educational background, it was easy to get and maintain the job.
Was there any preferential treatment for your Kenyan colleagues compared to you?
Not so much because I was good at my job, so I got accolades and more work. I was the one training new employees. I only started feeling sidelined because of being a foreigner when they kept promoting the people I trained and adding their salaries. I remained in the same position without salary increments. My supervisor said they could only promote me as a foreigner if I had a work permit. I was also being paid via M-Pesa rather than through the bank like other employees.
Was the lack of proper documentation contributing to the segregation you were experiencing?
Yes. I would have gotten a work permit, but it cost Ksh. 100,000 (USD 1,000), which I still needed to get. I decided to quit the job and venture into the nail business.
Why the nail business?
My friends were in that business, so I had seen how they ran it, and it would be a skill I could easily learn with practice. I got employed in a nail salon at the bus station. Back then, we used to do normal polishes until later, and gel polish manicures became a trend.
How did you find the nail industry?
It was very profitable, so I decided to focus on it. I would make ksh.5000 (50USD) in one day while I was employed. So after a few years, I decided to open my own business here at Imenti House. I have three Kenyans working with me, and despite the usual challenges am happy about it.
What documents did you need to start your business?
My type of business required me to present my refugee id at the Nairobi county council and pay about Ksh.10,000 (100 USD) for business and fire permits. It was very simple.
What challenges are you experiencing owning the business as a foreigner?
Access to small credit facilities like M-Tiwari, Fuliza, or bank loans. I cannot access this facility because I am considered a flight risk. However, every business requires some credit to expand or improve it. Since I pay the county, which contributes to the Kenyan economy, it would be beneficial if the government could allow us to access these credit facilities.
How has your interaction with the Kenyan police?
I must commend them because they don’t discriminate. In my experience, whenever I seek their intervention when I have a conflict with a Kenyan colleague, they don’t favor the Kenyan.
What about access to healthcare?
I get free medical treatment at a public hospital if I present my refugee Id. I have not felt discrimination while accessing treatment, whether in a private or public hospital.
What would you like done by the Rwandan and Kenya government to benefit immigrant entrepreneurs?
I want them to find a way for us ways to access loan facilities for our businesses easily.
What would you advise immigrants who are planning to come to Kenya?
They should be prepared to work hard and learn whatever skills they need because there are many opportunities here. They should be ready to follow the rules and regulations to avoid being caught on the wrong side of the law.
What aspirations do you have for the future?
I look forward to expanding my business. I would also like to work in companies like Safaricom and the UN, or if an opportunity to travel abroad presents itself, I would gladly take it.
To address some of these challenges, the Kenyan government has taken various measures, such as establishing a task force to review the Kenya Citizenship and Immigration Act and developing a national policy on migration. Civil society organizations and international bodies have also been working to promote the rights of immigrant workers in Kenya through advocacy and capacity-building initiatives.
