Maraga condemns Ruto’s crackdown on immigrant small traders

Former Chief Justice David Maraga has criticised the Kenyan government's crackdown on immigrant small-scale traders, arguing that the enforcement is based on a presidential directive, not an enacted law. The government began enforcing the crackdown on September 7, following President William Ruto's announcement that hawking and small retail businesses would be reserved for Kenyans. Maraga noted that Ruto had directed Parliament to expedite the Local Content Bill, 2025, which he claimed had not been passed into law.

He argued that a presidential directive does not alter the Constitution and does not exempt Kenya from the East African Community (EAC) Common Market Protocol. Maraga emphasized that the protocol guarantees the free movement of people, labor, and goods among EAC member states. He criticized the government for undermining regional frameworks and credibility in Pan-African initiatives while implementing measures he described as against Pan-Africanism principles.

Maraga acknowledged economic difficulties faced by Kenyan traders but rejected the notion that foreign traders were responsible for their struggles. He stated that closing all foreign-run stalls would not change the price of maize. Instead, he attributed the challenges to a combination of government and structural economic issues, such as pending bills, rising licence fees, expensive credit, and disproportionate enforcement by the Kenya Revenue Authority.

The former Chief Justice further criticized the government's approach to labour migration, accusing it of exporting young Kenyans as low-wage workers while criminalizing other Africans seeking livelihoods in Kenya. He linked the crackdown to the failure of Ruto's Bottom-Up economic agenda, accusing the administration of high youth unemployment, kidnappings, and loss of life. Maraga also criticized the government's borrowing, noting Kenya's debt accumulation of about Sh5 trillion without commensurate results.

He accused the administration of diverting attention from corruption and wastage by targeting immigrant traders. Maraga warned that government-sponsored xenophobic rhetoric could eventually be used against Kenyans along ethnic, religious, or other identity lines. He pledged that under his leadership, Kenya would respect legal and regional obligations and ensure accountability in public resource use.