EALS: Crackdown on illegal foreign traders must follow the law

Nairobi, Kenya – The East Africa Law Society (EALS) has urged the Kenyan government to ensure its crackdown on unauthorized foreign traders adheres to both Kenyan and East African Community (EAC) laws. EALS emphasized that enforcement actions should focus on individual behavior and circumstances rather than nationality. They stated that authorities may take appropriate action when a person operates without necessary licenses or permits, violates immigration conditions, evades legal taxation, or contravenes other Kenyan laws.

The organization reiterated that Kenya must comply with the EAC Common Market Protocol, which grants EAC citizens the right to work and reside in other member states. EALS pointed out that Kenya's obligations under the EAC framework complement its Constitution, which safeguards equality, non-discrimination, and other rights. The society insisted that Burundian nationals, like other foreign traders, should not face harassment, detention, or removal without lawful justification.

They also requested the government to publish the legal basis and procedures governing enforcement measures impacting foreign nationals in small-scale trading. This request surfaced after President William Ruto's directive to target unauthorized foreign traders, causing concern among traders who left Kenya fearing violence. Some Burundian nationals sought help at the Kenyan embassy.

Following the directive, Foreign Affairs Principal Secretary Korir Sing’oei apologized to Burundian nationals for any harassment caused by misunderstandings and assured that the government would bolster security and help foreigners regularize their documentation.