EAC Law Society Cautions Against Regional ‘Tit-for-Tat’ Amid Kenya Crackdown on Foreign Traders

What the report says

The East Africa Law Society (EALS) has urged East African Community partner states not to respond to Kenya’s crackdown on foreign nationals in small-scale trade with retaliatory restrictions. The warning follows intensified enforcement in Kenya targeting foreigners running small retail businesses, hawking and related informal activities after President William Ruto directed authorities to protect Kenyan traders. Nile Post reports that the measures have created anxiety among some affected communities, including Burundians, as well as traders and migrants from Somalia, Ethiopia, Burundi and the Democratic Republic of Congo.

In a statement issued in Arusha, Tanzania, on September 7, EALS said disputes linked to the EAC Common Market should be handled through the bloc’s legal and diplomatic channels rather than by limiting the rights of citizens from other member states. The society said Kenya has the right to enforce immigration, licensing, taxation and labour rules, but stressed that such action must remain within constitutional and legal limits and respect regional obligations.

EALS also warned against making nationality a basis for enforcement, saying any alleged breach should be assessed case by case. It welcomed Kenyan assurances that foreigners with valid documentation can continue living and working in the country, but said those assurances must be reflected consistently in practice. The group said the issue matters beyond Kenya because uncertainty over free movement could weaken confidence in the EAC Common Market and affect how Kenyan citizens are treated elsewhere in the region.