East Africa Law Society warns Kenya over foreign business crackdown

The East Africa Law Society (EALS) has urged Kenya to ensure its crackdown on foreign nationals running small businesses is guided by the law, not nationality.

In a statement issued in Arusha, Tanzania, on Monday, September 7, 2026, EALS said President William Ruto’s directive had raised concerns among Burundian and other East African Community (EAC) citizens living and working in Kenya.

EALS said reports of large numbers of Burundian nationals seeking consular assistance and documentation in Nairobi warranted attention because measures targeting economic activity could affect livelihoods, personal security and confidence in East African integration.

“The concern of EALS is therefore with the application of the measures, particularly where nationality may become a determining factor in enforcement,” the society said.

The statement came after Kenyan authorities clarified that foreign nationals with the required documentation remain entitled to live and work in the country, with enforcement expected to take account of Kenya’s obligations under the EAC framework.

Law must guide action

EALS acknowledged Kenya’s authority to regulate businesses and enforce immigration, licensing, tax and labour laws, including taking action against people who violate those laws.

However, it said such powers must be exercised within Kenya’s Constitution, domestic legislation and the country’s commitments under the EAC Treaty and Common Market Protocol.

“A person alleged to have breached Kenyan law should be dealt with on the basis of the applicable law and the circumstances of the individual case,” EALS said.

It added that nationality should not be used as evidence that an individual had broken the law.

The society pointed to the EAC Common Market Protocol, which provides for free movement and the right of establishment while requiring Partner States to observe non-discrimination on the basis of nationality.

“Those provisions do not exempt East African citizens from the laws of the Partner State in which they live or conduct business,” EALS said, noting that Kenya can still enforce immigration, licensing, taxation and labour requirements.

Concern over regional impact

The lawyers’ body said enforcement should provide affected people with a clear explanation of the legal requirement they are accused of breaching and the remedies available to them.

It also warned that the issue could affect relations across the region because treatment of EAC citizens in Kenya could influence how Kenyans are treated in other Partner States.

“The EAC cannot build public confidence in free movement and regional economic integration if citizens are uncertain about the practical protection of the rights that the Community has undertaken to recognise,” EALS said.

EALS called for disputes over implementation of the Common Market to be addressed through EAC institutions, legal mechanisms and diplomatic engagement rather than reciprocal restrictions affecting ordinary citizens.