East Africa Law Society Warns Kenya over Crackdown on Foreign Traders

GOOBJOOG NEWS | ARUSHA: The East Africa Law Society (EALS) has warned Kenya that its crackdown on foreign nationals engaged in small-scale trading and hawking must comply with the country’s regional obligations under the East African Community (EAC).

In a statement, the regional lawyers’ body said it was concerned about growing anxiety among Burundian and other EAC citizens living and working in Kenya, including reports of increased requests for consular assistance and documentation in Nairobi.

EALS welcomed subsequent assurances from Kenyan authorities that foreign nationals holding the required permits and other documentation remain entitled to live and work in the country. But it called for those assurances to be applied consistently during enforcement.

“Nationality should not, in itself, be treated as evidence of illegality,” EALS said, while acknowledging Kenya’s right to enforce its immigration, licensing, tax and labour laws and protect local economic interests.

The society said any enforcement action should instead be based on individual compliance with Kenyan law and carried out within the country’s constitutional and legal framework.

EAC OBLIGATIONS

EALS said Kenya’s responsibilities extend beyond domestic law as an EAC Partner State. It cited the EAC Treaty and Common Market Protocol, which provide for free movement, movement of workers and the right of establishment, alongside commitments to non-discrimination and the rule of law.

The regional framework allows citizens of EAC member states to undertake legitimate economic activities and establish businesses in other Partner States, although they remain subject to the laws and regulatory requirements of the host country.

The warning follows heightened scrutiny of Kenya’s enforcement measures targeting foreign traders and hawkers after President William Ruto directed authorities to move against foreign nationals operating in parts of the small-business sector.

Kenyan officials have since clarified that documented foreign nationals with valid permits and licences are protected under the law.

EALS said Kenya’s regulatory authority was legitimate but urged the government to balance enforcement with its commitments to regional integration, warning that inconsistent implementation could undermine confidence in the EAC Common Market.