The East Africa Law Society (EALS) issued a statement on Monday, September 7, from Arusha, Tanzania, expressing concern over reports of anxiety among Burundian citizens in Kenya. The statement coincided with the start of enforcement of President William Ruto's directive targeting foreign nationals engaged in economic activity. The EALS noted with particular concern the reports of anxiety among Burundian citizens residing and working in Kenya, noting the immediate human impact of the government's new measures.
EALS noted the potential impact of such measures, stating, "Measures directed at economic activity can have consequences for livelihoods, personal security, dignity and confidence in the regional integration project." The organization emphasized that "Nationality should not, in itself, be treated as evidence of illegality." EALS further asserted the importance of trust within the East African Community, noting, "That confidence is not peripheral to the Common Market. It is one of the conditions upon which the Common Market depends." The society showed that while states have a right to regulate economic activity within their borders, such regulations must not undermine the foundational principles of regional cooperation and free movement of persons and goods.
EALS Cites Treaty Obligations
The East Africa Law Society (EALS) acknowledged Kenya's right to enforce its immigration, licensing, tax, and labour laws, but insisted that such authority must operate within the country's Constitution and its treaty obligations as an East African Community (EAC) Partner State. The EALS statement specifically cited Articles 6, 7, 8, 76, and 104 of the Treaty for the Establishment of the East African Community, along with Articles 3, 7, 10, and 13 of the Common Market Protocol. These articles outline the principles of good governance, democracy, rule of law, and the free movement of persons, labour, services, and capital within the EAC bloc. The EALS stressed that adherence to these foundational documents is key for maintaining the integrity and functionality of the regional economic community. Kenyan authorities have since clarified that foreign nationals possessing proper documentation are entitled to live and work in the country, and that enforcement efforts will account for Kenya's EAC obligations. This clarification came after initial concerns were raised regarding the scope and implementation of the directive.
The EALS, whose headquarters are located in Arusha, emphasized the importance of adherence to regional agreements. The EAC headquarters in Arusha serves as the central administrative body for the regional bloc, facilitating its various functions and protocols. The EAC comprises Kenya, Uganda, Tanzania, Rwanda, Burundi, South Sudan, the Democratic Republic of Congo, and Somalia. EALS President Ramadhan Abubakar signed the nine-point statement, which showed the regional body's concerns. The society had previously stated that "measures directed at economic activity can have consequences for livelihoods, personal security, dignity and confidence in the regional integration project," and that "nationality should not, in itself, be treated as evidence of illegality." It further asserted that "confidence is not peripheral to the Common Market. It is one of the conditions upon which the Common Market depends." This reiteration notes the EALS's consistent message regarding the potential negative ramifications of policies perceived as targeting specific nationalities.
Concerns Over Citizen Welfare
President William Ruto directed the government on September 2 to stop foreign nationals from engaging in small-scale hawking and trading within Kenya. This directive was issued with the stated aim of protecting local businesses and ensuring compliance with national regulations. The directive prompted a swift response from the Ministry of Investments, Trade and Industry, which was instructed to begin enforcement against foreigners involved in businesses deemed inappropriate for non-citizens. Enforcement of President Ruto's directive began on September 7, leading to immediate changes in the operational environment for many foreign traders. These measures have led to significant anxiety among some East African Community nationals, particularly those engaged in informal trade.
The directive triggered a rush by Burundian nationals to leave Kenya, with footage circulating that showed large groups gathered at Nairobi's Machakos Country Bus Station. Many were reportedly seeking to return to Burundi following the announcement, fearing potential arrests or economic hardship. In response to the situation, Burundi's government has sent buses to Kenya to facilitate the return of its citizens, demonstrating a direct diplomatic intervention to assist its nationals. Additionally, the Burundian embassy in Nairobi has begun issuing free laissez-passer documents to assist those wishing to travel back to Burundi, streamlining the process for those seeking to depart. The embassy's proactive measure aimed to alleviate the logistical and financial burdens on its citizens during this period of uncertainty.
Call for Diplomatic Engagement
The East Africa Law Society (EALS) urged Kenya to publish the legal basis and procedures guiding enforcement actions against foreign traders. This call for transparency is intended to ensure that all measures are conducted within the bounds of the law and to provide clarity for affected individuals. The society stated that while Kenya has the right to enforce its laws, such measures directed at economic activity "can have consequences for livelihoods, personal security, dignity and confidence in the regional integration project." EALS emphasized that "nationality should not, in itself, be treated as evidence of illegality," reinforcing the principle of non-discrimination within the EAC framework. The EALS's position shows the need for a balanced approach that upholds national sovereignty while respecting regional commitments.
The EALS also formally petitioned the Chairperson of the East African Community (EAC) Summit and the Secretary-General of the EAC to engage Kenya urgently on the situation. This direct appeal to the highest political and administrative authorities of the EAC notes the gravity with which the EALS views the matter. The organization showed the importance of trust within the regional bloc, noting, "That confidence is not peripheral to the Common Market. It is one of the conditions upon which the Common Market depends." Furthermore, EALS offered its assistance to facilitate engagement between the affected governments, EAC institutions, and relevant bar associations to address the concerns raised by the enforcement directive. This offer of mediation aims to foster constructive dialogue and find solutions that uphold both national laws and regional integration principles.
