LSK raises concerns over directive barring foreigners from small-scale trade

The Law Society of Kenya (LSK) has expressed concern over a government directive that restricts foreign nationals from participating in certain small-scale trade activities. LSK President Charles Kanjama cautioned that the measure could potentially infringe upon Kenya's constitutional and regional commitments. The LSK argued that while the government has the right to regulate trade, enforce immigration laws and protect local businesses, such restrictions must align with Kenya's constitutional obligations and commitments as a member of the East African Community (EAC).

The EAC Treaty and Common Market Protocol guarantee EAC citizens rights such as free movement of people, labor, and services, as well as non-discrimination. Kanjama stressed that nationality should not be the basis for excluding someone from lawful economic activity. The LSK emphasized that EAC citizens operating in Kenya must adhere to Kenyan laws, including acquiring necessary licenses and observing immigration conditions.

However, enforcement should be based on individual violations, not nationality. The organization also cited constitutional guarantees of equality, human dignity, and fair administrative action, alongside protections outlined in international and continental human rights instruments. The LSK warned against the potential for rising hostility towards foreign traders following the government directive.

They reported instances of Kenyans confronting, intimidating, and attacking foreign traders, interfering with their goods and businesses. The society stressed that no government directive authorizes civilians to assault individuals, seize goods, or determine who may trade or reside in Kenya. The LSK urged the government to safeguard foreign traders at risk, investigate reported attacks, and clearly communicate that law enforcement is the responsibility of authorized public institutions, not individuals or groups.

They urged the government to review the directive and ensure compliance with the Constitution, EAC Treaty, and Common Market Protocol. Kanjama emphasized that the directive should not result in discrimination, intimidation, or violence, and that the law must apply to conduct, not nationality. He warned that the attacks must cease, and Kenya must uphold both the letter and spirit of the East African Community.