Law Society of Kenya (LSK) Statement on the Government Directive Affecting Foreign Traders

LSK expresses concern over the Government directive restricting certain small-scale trade activities by foreign nationals. While Kenya has the right to regulate trade and enforce immigration laws, any measures must comply with the Constitution, the EAC Treaty, and the Common Market Protocol. LSK calls for a review of the directive to ensure it is lawful, non-discriminatory, and respects Kenya's regional obligations. The Society also condemns attacks and intimidation targeting foreign traders, emphasizing that enforcement of the law is the responsibility of authorized state institutions, not individuals or crowds.

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PRESS STATEMENT

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LAW SOCIETY OF KENYA

South C, off Red Cross Road P.O. Box 72219-00200 Nairobi, Kenya Tel: +254 799 595 800 Website: www.lsk.or.ke

Email: Isk@lsk.or.ke

Our Ref: S/26

Your Ref: TBA

Date: 9th September, 2026

STATEMENT ON THE GOVERNMENT DIRECTIVE AFFECTING FOREIGN TRADERS

The Law Society of Kenya is concerned by the recent Government directive barring foreign nationals engaging in certain forms of small-scale trade in Kenya.

The Government is entitled to regulate trade, enforce immigration laws and protect Kenyan businesses. However, it must do so within the Constitution and the commitments Kenya has freely undertaken as a member of the East African Community (EAC).

The EAC Treaty and the Common Market Protocol are founded on the free movement of people, labour and services, the right of establishment and non-discrimination among citizens of Partner States. These commitments are binding on Kenya. They cannot be set aside through a general administrative directive which treats nationality as sufficient reason to exclude a person from lawful economic activity.

Citizens of EAC Partner States are, of course, required to comply with Kenyan law. Where a person trades without a required licence, violates immigration conditions or commits any other offence, the law should take its course. The action must be based on the particular violation, not simply on where the person comes from.

The Constitution requires equality before the law, respect for human dignity and fair administrative action. The same principles are reflected in the African Charter on Human and Peoples' Rights, the International Covenant on Civil and Political Rights and the Universal Declaration of Human Rights. At the heart of these instruments is a simple principle: every person is entitled to the equal protection of the law.

Charles Kanjama, SC (President), Teresia Wavinya (Vice-President)

Tom K'Opere, Vivienne Eyase, Wanjohi Wambugu, (General Membership Representatives) Effie Sheila Achieng, Muthoni Gachara, Wycklife Oyoo (Nairobi Representatives) Hiram Kirimi, Faith Jappann, Hezekiah Aseso, Sharon Oyoko (Upcountry Representatives) Titus Mukanzi (Coast Representative)

Kenya cannot therefore demand free movement and fair treatment for its citizens and businesses across East Africa while denying the same protection to citizens of other Partner States.

The Law Society therefore calls upon the Government to review the directive and bring it into conformity with the Constitution, the EAC Treaty and the Common Market Protocol. Any restrictions on trade must have a clear legal basis and must be applied fairly, individually and without discrimination.

We also note with grave concern that some Kenyans have been seen confronting, intimidating and attacking foreign traders and interfering with their businesses and goods. No government directive authorizes members of the public to assault another person, confiscate goods or decide who may trade or remain in Kenya.

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ff-46e9-18d9-e956160448ef">The Government must protect those at risk, investigate the reported attacks and make it clear that enforcement belongs to authorized public institutions, not individuals or crowds. Kenya can regulate trade and enforce its laws without violating the rights of citizens of other EAC Partner States or encouraging hostility against them. The directive must not therefore not become a licence for discrimination, intimidation or violence. The law must apply to conduct, not nationality. The attacks must stop, and Kenya must honour both the letter and spirit of the East African Community.

CHARLES KANJAMA SC,

PRESIDENT LAW SOCIETY OF KENYA

Charles Kanjama, SC (President), Teresia Wavinya (Vice-President)

Tom K'Opere, Vivienne Eyase, Wanjchi Wambugu, (General Membership Representatives) Effie Sheila Achieng, Muthoni Gachara, Wycklife Oyoo (Nairobi Representatives) Hiram Kirimi, Faith Jappann, Hezekiah Aseso, Sharon Oyoko (Upcountry Representatives) Titus Mukanzi (Coast Representative)