The East Africa Law Society (EALS) has urged the Kenyan government to ensure that its measures targeting foreign nationals conducting small-scale businesses comply with regional agreements governing East African integration.
The organization raised concern over growing anxiety among East African nationals living and working in Kenya following President William Ruto’s directive targeting foreign traders.
In a statement issued on September 7, 2026, EALS said the situation had created uncertainty among regional migrants, particularly Burundian nationals seeking assistance from their embassy in Nairobi.
The concerns became more visible on Monday when large numbers of Burundian informal traders gathered outside their embassy as they sought travel documentation and consular assistance.
While recognizing Kenya’s right to regulate activities within its borders, EALS said such powers must be exercised alongside the country’s obligations under regional agreements.
According to the law society, Kenya’s membership in the East African Community means that enforcement measures should take into account provisions of the EAC Common Market Protocol, which provides for the movement of people, labor, services and goods among partner states.
EALS noted that actions aimed at regulating economic activities can have consequences beyond business, including effects on livelihoods, personal security, dignity and public confidence in the regional integration process.
The organization also acknowledged assurances from Kenyan authorities that foreign nationals who possess the required permits and documentation would continue to be protected under the law.
However, EALS stressed that those assurances would need to be reflected in the actual implementation of the directive.
At the same time, the organization clarified that EAC agreements do not exempt foreign nationals from complying with the domestic laws of the countries where they operate.
It further cautioned against treating nationality itself as an indication that an individual is operating illegally, emphasizing that questions of legality should be determined by compliance with applicable laws and requirements.
