The Law Society of Kenya (LSK) has raised concerns over the Government directive barring foreign nationals from engaging in certain forms of small-scale trade, warning that the measure could conflict with Kenya’s constitutional and regional obligations.
LSK President Charles Kanjama said while the Government has the right to regulate trade, enforce immigration laws and protect Kenyan businesses, such measures must comply with the Constitution and commitments Kenya has undertaken as a member of the East African Community (EAC).
The law society said the EAC Treaty and Common Market Protocol guarantee citizens of Partner States rights including free movement of people, labour and services, establishment and non-discrimination.
“These commitments are binding on Kenya,” Kanjama said, arguing that nationality alone should not be used as a basis for excluding a person from lawful economic activity.
LSK said EAC citizens operating in Kenya must comply with Kenyan laws, including obtaining the required licences and observing immigration conditions.
However, it said enforcement should be based on specific violations by individuals rather than their nationality.
“The action must be based on the particular violation, not simply on where the person comes from,” LSK said.
The society also cited constitutional guarantees of equality before the law, human dignity and fair administrative action, alongside protections contained in international and continental human rights instruments.
LSK further warned against a growing risk of hostility towards foreign traders following the Government directive.
It said some Kenyans had reportedly confronted, intimidated and attacked foreign traders while interfering with their businesses and goods.
“No government directive authorizes members of the public to assault another person, confiscate goods or decide who may trade or remain in Kenya,” the society said.
LSK called on the Government to protect foreign traders at risk, investigate reported attacks and make clear that enforcement of the law is the responsibility of authorised public institutions rather than individuals or crowds.
The society urged the Government to review the directive and ensure it conforms to the Constitution, EAC Treaty and Common Market Protocol.
“Kenya can regulate trade and enforce its laws without violating the rights of citizens of other EAC Partner States or encouraging hostility against them,” Kanjama said.
He warned that the directive should not become a licence for discrimination, intimidation or violence.
“The law must apply to conduct, not nationality. The attacks must stop, and Kenya must honour both the letter and spirit of the East African Community,” he said.
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