Kenya urged to balance local economic interests with regional obligations…reports Asia Lite News Desk
Concerns have been raised over Kenya’s recent measures affecting foreign informal and small-scale traders, with calls for the government to ensure that enforcement is lawful, non-discriminatory and consistent with its regional commitments.
The concerns come after President William Ruto announced measures understood to have taken effect on September 7, prompting anxiety among some foreign traders, particularly nationals of other East African Community (EAC) member states.
Kenya has the sovereign right to regulate immigration, employment, taxation and business activities and to promote local enterprise, according to the statement. However, it said such measures must comply with Kenya’s Constitution, the EAC Treaty and the EAC Common Market Protocol.
The EAC Common Market is built around the free movement of people, labour and services, as well as rights of establishment and equal treatment for citizens of member states.
On September 8, State House announced a 90-day window for foreign nationals to regularise their immigration and licensing status. It also directed that the Local Content Bill, 2025, be expanded to establish a framework governing participation in small-scale trade.
The statement welcomed the 90-day window and the government’s renewed commitment to the EAC and the African Continental Free Trade Area (AfCFTA), but described the measure as “a reprieve not a remedy”.
It said hundreds of Burundian nationals had queued outside their embassy in Nairobi for emergency travel documents, while some businesses had closed and traders reported threats, harassment and property losses.
The statement also pointed to Kenya’s Shirika Plan, a multi-year immigration management framework launched in March 2025. The plan seeks to promote socio-economic inclusion by improving access to legal documentation, financial services and labour markets.
It argued that citizens of other EAC member states should not be treated simply as foreign nationals because Kenya has committed under the EAC Treaty to facilitating the movement of people, labour and services, as well as rights of establishment and residence.
The statement further disputed claims that the Local Content Bill was designed to address immigration enforcement, saying its original focus was on formal-sector activities and the role of multinational companies.
According to the statement, the bill seeks to increase the use of locally manufactured goods and services, promote local employment, support farmers by encouraging foreign companies to source agricultural supplies locally and tackle issues including tax evasion and transfer pricing.
It warned that extending the debate to informal traders could create policy inconsistencies and potentially undermine Kenya’s efforts to attract foreign investment.
The statement also cautioned that restrictive measures could reduce Value Added Tax revenues, encourage retaliatory policies against Kenyan traders in other countries and worsen non-tariff barriers within the EAC.
It called for the debate to focus on “value addition” rather than citizen entitlements, arguing that Kenya could protect local economic interests while maintaining regional integration and expanding its tax base.
The statement urged Kenya to work with other EAC countries to promote socio-economic inclusion and ensure that both EAC citizens and refugees can regularise their status without discrimination or harassment.
It also called for greater public awareness to prevent xenophobic violence and warned that anti-immigrant sentiment could damage Kenya’s humanitarian, diplomatic and economic reputation.
With Kenya preparing to co-host the 2027 Africa Cup of Nations with Uganda and Tanzania, the statement urged Nairobi to demonstrate regional leadership and maintain a welcoming approach towards citizens of neighbouring countries.
It called on Kenya and other EAC partner states to ensure that enforcement measures are transparent, evidence-based and consistent with regional commitments, while urging Nairobi to clarify its policy and provide assurances of safety and stability to neighbouring countries.
