NAIROBI, Kenya, Sept. 8 – The East Africa Law Society (EALS) has called on the Kenyan government to ensure that its crackdown on unlicensed foreign traders is carried out in accordance with Kenyan and East African Community (EAC) laws.
EALS said enforcement action against traders from Burundi, Tanzania, Uganda, Rwanda, South Sudan, the Democratic Republic of Congo and other EAC countries should be based on individual conduct and circumstances rather than nationality.
“Where a person is operating without a required licence or permit, breaching applicable immigration conditions, evading lawful taxation or otherwise violating Kenyan law, the competent authorities are entitled to take appropriate action,” EALS said.
“The legal requirement should be clear, the alleged breach should be established and the prescribed legal process should be followed.”
The society said Kenya must also comply with the EAC Common Market Protocol, adopted by member states in 2009.
The protocol allows citizens of EAC member states to travel within the region without visas, seek employment and reside in another member state for work. It also provides for the right to establish businesses and companies, subject to applicable laws.
EALS said Kenya’s obligations under the EAC framework operate alongside the Constitution, which recognises ratified treaties as part of Kenyan law.
It cited constitutional protections including equality and non-discrimination, human dignity, freedom of movement, fair administrative action and access to justice.
The society urged the government to ensure that citizens of Burundi and other EAC member states are not subjected to harassment, detention, dispossession, removal or other adverse treatment solely because of their nationality and without a lawful basis.
It also called on the government to clearly publish the legal basis, scope and procedures governing enforcement measures affecting foreign nationals involved in small-scale trading, hawking and other commercial activities.
This includes clarifying requirements for foreigners who are lawfully present in Kenya and authorised to work or conduct business.
The statement comes less than a week after President William Ruto ordered a crackdown on foreigners operating small businesses illegally in Kenya, saying the move was intended to protect local traders.
The directive triggered concerns among foreign traders, with some leaving the country amid fears of attacks and looting. Some Burundian nationals also sought assistance at their embassy in Nairobi yesterday.
Foreign Affairs Principal Secretary (PS) Korir Sing’oei later apologised to Burundian nationals over harassment linked to confusion surrounding the crackdown on unlicensed foreign traders after visiting them at their consulate in the capital city of Kenya.
The PS said the government would strengthen security as affected foreigners regularise their documentation.
Sing’oei had earlier said President Ruto’s remarks had been “taken out of context”, arguing that the President was addressing provisions in the Local Content Bill currently before Parliament.
