Kenya: EALS - Crackdown On Illegal Foreign Traders Must Follow the Law

What the report says

The East Africa Law Society has urged the Kenyan government to ensure that its crackdown on unlicensed foreign traders follows Kenyan law and the East African Community’s legal framework. In a statement reported by Capital FM and republished by AllAfrica, the society said enforcement should be guided by individual conduct and legal status, not nationality, and that authorities must establish any breach before taking action.

The appeal comes after President William Ruto ordered tougher action against foreigners running small businesses illegally in Kenya, a directive that reportedly raised concern among traders from other EAC countries. The article said some foreign traders left the country amid fears of harassment, while Burundian nationals also sought help at their embassy in Nairobi. Foreign Affairs Principal Secretary Korir Sing'oei later apologized to Burundian nationals over reported harassment and said security would be strengthened as people regularized their documents.

EALS said Kenya must respect the EAC Common Market Protocol, which allows citizens of member states to move, work and establish businesses across the region subject to applicable laws. It also pointed to constitutional protections including equality, non-discrimination, dignity, freedom of movement, fair administrative action and access to justice. The society asked the government to publish clear legal rules, scope and procedures for enforcement affecting foreign nationals in trade and to avoid detention, removal or other adverse treatment without a lawful basis.