NAIROBI — The East Africa Law Society (EALS) has urged the Kenyan government to ensure that any measures targeting foreign traders are implemented in accordance with the country’s Constitution and its obligations under the East African Community (EAC) framework.
EALS expressed concern over growing fears among EAC citizens living and working in Kenya, particularly those operating small businesses. The organization stressed that a person’s nationality alone should not be treated as evidence that they are in Kenya illegally or operating unlawfully.
The lawyers’ association acknowledged Kenya’s right to enforce requirements related to work permits, taxes, business licences and immigration laws. However, it said enforcement should be based on an individual’s legal status and should avoid discrimination, intimidation or blanket measures targeting foreigners.
EALS also reminded Kenya of its obligations as an EAC member under the East African Community Treaty and the Common Market Protocol. The regional framework provides for the movement of workers and allows citizens of EAC member states to establish and operate lawful businesses across the bloc, subject to applicable laws and regulations.
The warning comes after the Kenyan government gave foreign nationals a 90-day period to renew or regularize their documentation. Kenyan authorities have said that foreigners holding valid permits and licences are entitled to remain and work in the country.
The issue could have significant implications for Somali nationals and other EAC citizens operating businesses in Kenya, particularly those engaged in small-scale trade.
EALS warned that inconsistent or discriminatory enforcement could undermine public confidence in the EAC Common Market and weaken broader efforts toward regional integration.
The organization called for a balanced approach that allows Kenya to enforce its laws while protecting the rights of legally resident and lawfully operating EAC citizens.
