Burundians wandering around in search of travel documents to take them home
HABARI DAILY I Kampala, Uganda I The East Africa Law Society (EALS) warned Kenya against discriminatory enforcement and harassment of East African Community (EAC) citizens following a presidential directive targeting foreign traders
The warning comes after Kenyan President William Ruto on September 2, 2026 directed authorities to intensify enforcement against foreigners operating small retail businesses, hawking and other commercial activities illegally, saying the measures were intended to protect Kenyan traders from unfair competition.
The crackdown has, however, triggered anxiety and uncertainty among some foreign nationals, particularly Burundians, with large numbers reportedly seeking documentation and consular assistance at their embassy in Nairobi.
In a statement issued in Arusha, Tanzania, on September 7, EALS said Kenya has the right to regulate economic activities within its territory and take action against people who violate its laws, but such enforcement must comply with the country’s constitutional obligations and commitments under the EAC.
The lawyers’ body cautioned against making nationality the basis for determining illegality, arguing that every case should be assessed according to the conduct and circumstances of the individual.
“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. Nationality should not, in itself, be treated as evidence of illegality,” EALS said.
EALS called on Kenyan authorities to ensure that citizens of Burundi and other EAC Partner States are not arbitrarily harassed, detained, dispossessed of property or removed from the country solely because of their nationality.
It also urged Kenya to clearly publish the legal basis, scope and procedures governing the enforcement measures so that affected businesses and individuals can understand their obligations and the consequences of non-compliance.
The society said Kenya’s enforcement measures should be implemented consistently with the EAC Treaty and Common Market Protocol, which promote free movement and regional economic integration while requiring Partner States to uphold principles including non-discrimination.
According to EALS, these commitments do not prevent Kenya from enforcing immigration, licensing, taxation or labour laws. However, authorities must exercise their powers lawfully, follow due process and respect human dignity and other constitutional protections.
The organisation also warned other EAC countries against retaliating by imposing restrictions on Kenyan citizens.
“A dispute arising in one Partner State should not become a cycle of reciprocal restrictions affecting ordinary citizens,” EALS said.
Instead, disputes surrounding implementation of the Common Market should be addressed through EAC institutions, established legal mechanisms and diplomatic engagement.
EALS said predictable treatment of lawfully present citizens is essential for maintaining public confidence in regional integration. Kenya’s actions, it warned, could have consequences beyond its borders because the country plays a central role in the movement of people, goods, services and investment across East Africa.
“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,” the lawyers said.
EALS urged Partner States to balance legitimate national enforcement with their regional obligations, warning that protecting the EAC Common Market requires both respect for national laws and equal treatment of East Africans.
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