NAIROBI, Kenya- The East Africa Law Society has urged Kenya to ensure that its crackdown on foreign small-scale traders complies with domestic law and the country’s obligations under the East African Community Treaty and Common Market Protocol.
In a statement issued from Arusha, Tanzania, EALS expressed concern over President William Ruto’s directive targeting foreign nationals involved in hawking, small-scale trading and related commercial activities.
The regional lawyers’ body said reports of anxiety among Burundian and other EAC citizens living in Kenya required urgent attention.
Large numbers of Burundian nationals have sought consular assistance and travel documents in Nairobi following the announcement and the commencement of enforcement measures.
“Measures directed at economic activity can have consequences for livelihoods, personal security, dignity and confidence in the regional integration project,” EALS said.
The society acknowledged a subsequent clarification by Kenyan authorities that properly documented foreign nationals remain entitled to live and work in the country.
It also welcomed assurances that enforcement would take Kenya’s obligations under the EAC framework into account.
EALS, however, said the clarification must be reflected consistently during the implementation of the directive and that affected people must be treated according to the law.
The organisation recognised Kenya’s authority to regulate economic activities within its borders and enforce immigration, licensing, taxation and labour laws.
It said the government could also take lawful measures to protect local livelihoods and act against violations of domestic law.
That authority, EALS said, must be exercised within the Constitution, domestic legislation and Kenya’s obligations as an EAC partner state.
The lawyers warned against using nationality as the determining factor during enforcement.
“A person alleged to have breached Kenyan law should be dealt with on the basis of the applicable law and the circumstances of the individual case,” it said.
“Nationality should not, in itself, be treated as evidence of illegality.”
EALS cited provisions of the EAC Treaty governing good governance, the rule of law, social justice and the protection of human and peoples’ rights.
It also pointed to Common Market Protocol provisions on the free movement of citizens and workers and the right of establishment across EAC partner states.
The right of establishment includes the ability of an EAC citizen to pursue lawful self-employment and establish or manage an economic undertaking in another member state.
EALS clarified that the regional framework does not exempt EAC citizens from the laws of the countries where they live or conduct business.
Where enforcement affects businesses, livelihoods or residence, it said the requirements imposed must be clear and accessible. Decisions carrying serious consequences should have a proper legal foundation and be accompanied by appropriate notice and reasons where required.
Affected individuals should also have access to legal advice and avenues for reviewing decisions made against them.
The society warned that Kenya’s treatment of citizens from neighbouring states could affect confidence in the Common Market and influence how Kenyans are treated elsewhere in the region.
It opposed retaliatory measures by other EAC countries, saying the matter should not trigger reciprocal restrictions affecting ordinary citizens.
EALS called for disputes over the implementation of the Common Market to be handled through regional institutions, established legal mechanisms and diplomatic engagement.
