Kenya Moves to Assure Exporters After EACJ Suspends Kenya-EU Trade Deal

Kenya Moves to Assure Exporters After EACJ Suspends Kenya-EU Trade Deal
Kenya moved to reassure exporters and investors after the East Africa Court of Justice (EACJ) on 24 November 2025 suspended the implementation of the Kenya–European Union Economic Partnership Agreement (EPA).
The court issued the temporary orders pending the determination of a case filed by the Center for Law, Economics and Policy (CELP East Africa), a non-state actor challenging aspects of the bilateral trade pact. The ruling has triggered concern within the business community, with the EU being one of Kenya’s largest export destinations.
In a statement on Tuesday, Investments, Trade and Industry Cabinet Secretary Lee Kinyanjui emphasized that Kenya’s access to the EU market remains intact despite the court decision, noting that the EPA underpins key sectors of the economy and supports millions of livelihoods.
“Trade has positioned Kenya as a key logistical and economic hub in East Africa,” Kinyanjui said, highlighting the agreement’s role in market access, export diversification, and foreign investment attraction.
“We wish to assure all Kenyans, our trading partners as well as trading entities that Kenya will continue to trade with the EU.”
According to government data, Kenya exported goods worth USD 1.56 billion to the EU last year while importing USD 2.09 billion, underscoring the importance of the bloc as a strategic economic partner.
The ministry said it is already taking steps to secure continuity and predictability for exporters, including seeking redress through appellate mechanisms to set aside the injunctive orders and allow continued implementation of the EPA as the case proceeds.
Kinyanjui also pointed to ongoing consultations with the Attorney General’s office and engagements with East African Community (EAC) partner states over the interpretation of Article 37 of the EAC Protocol. The government argues that the provision was intended to enhance transparency, not restrict sovereign trade decisions, warning that its “over-judicialization” could deter investment and shrink policy flexibility within the region.
Reaffirming Kenya’s commitment to regional integration, the CS said the country continues to support the principle of variable geometry, which allows EAC member states to pursue different integration speeds without undermining collective progress.
Kenya is expected to host the upcoming EAC Summit, where the issue is likely to feature prominently as partner states seek to address concerns arising from the ruling and chart a coordinated path forward.
“The government remains committed to providing certainty to exporters, investors, development and trading partners,” Kinyanjui said. “We will continue to safeguard the country’s trade, investment and industrialization interests.”
The outcome of the appellate process and the broader regional consultations will be closely watched by businesses that rely on the EU market and stakeholders invested in the stability of Kenya’s trade regime.
