The East Africa Law Society (EALS) has expressed concern over President William Ruto’s recent directive ordering a crackdown on foreign nationals operating small-scale businesses and hawking in Kenya.
In an official statement released from its headquarters in Arusha, Tanzania, the regional bar association warned that measures targeting economic activity must be grounded strictly in law and non-discrimination, rather than individual nationality.
EALS highlighted reports of growing anxiety and uncertainty among foreign nationals in Kenya, particularly citizens from East African Community (EAC) member states such as Burundi. Hundreds have reportedly sought consular assistance and documentation verification in Nairobi following the President’s announcement.
The regional legal body reminded the Kenyan government of its binding commitments under the EAC Common Market Protocol, which guarantees the free movement of workers, rights of establishment, and protection against nationality-based discrimination for EAC citizens.
While EALS acknowledged Kenya’s sovereign authority to enforce domestic tax, licensing, and immigration compliance, it emphasized that enforcement actions must strictly align with constitutional provisions and regional legal frameworks.
“The concern of EALS is with the application of these measures, particularly where nationality may become a determining factor in enforcement. Distinguishing unlawful conduct from nationality is crucial to preserving the integrity of the Common Market.”
Following widespread backlash and warnings from civil society organizations regarding potential xenophobic fallout, the Kenyan Ministry of Foreign Affairs sought to soften the narrative.
Foreign Affairs Principal Secretary Korir Sing’oei stated that President Ruto’s remarks were “taken out of context”. He reassured regional partners that foreign nationals, including EAC citizens, with valid work permits and business approvals remain fully protected under Kenyan law to live and operate within the country.
