The East Africa Law Society (EALS) has cautioned Kenya against using nationality as a basis for enforcing immigration and business laws, saying foreign nationals should only be targeted where there is evidence of an individual breach of Kenyan law.
The warning comes amid growing concern over the treatment of citizens from other East African Community (EAC) countries following President William Ruto’s directive last week for action against foreign nationals involved in small-scale trading, hawking and related commercial activities.
In a statement issued on Monday, September 7, 2026, EALS said enforcement measures must respect the rights guaranteed to EAC citizens under the Common Market Protocol, including freedom of movement, the right to work and the right of establishment.
The regional lawyers’ body acknowledged that Kenya has the power to regulate immigration, licensing, taxation, labour and economic activity within its territory, as well as take action to protect local traders.
However, it said the exercise of those powers must remain within the Constitution, Kenyan law and the country’s obligations as an EAC Partner State.
“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.
EALS said foreigners suspected of breaking Kenyan laws should be dealt with based on the facts of each case rather than their nationality.
It stressed that “nationality should not, in itself, be treated as evidence of illegality.”
The society said it was particularly concerned by reports of anxiety among Burundian and other EAC citizens, including large numbers of Burundian nationals who had sought consular assistance and documentation in Nairobi.
“Measures directed at economic activity can have consequences for livelihoods, personal security, dignity and confidence in the regional integration project,” it said.
EALS welcomed subsequent clarification by Kenyan authorities that foreign nationals who have the required documentation are entitled to live and work in the country.
It urged the government to ensure the position is applied consistently as enforcement operations are carried out.
Under the EAC Common Market Protocol, Partner States are required to uphold non-discrimination against citizens of other member states on the basis of nationality. The agreement also provides for the free movement of citizens and workers, as well as the right of establishment and pursuit of legitimate economic activities.
EALS said these regional protections do not place EAC citizens above Kenyan law.
Instead, it said they require Kenya to apply its national laws in a manner that is consistent with its regional commitments.
The society called for enforcement to be based on “identifiable breaches of law” and handled on an individual basis, fairly and proportionately.
It also called for safeguards such as proper notice, reasons for adverse decisions, access to legal assistance and opportunities for review.
EALS further urged the chairperson and secretary-general of the EAC Summit to engage Kenya and other affected Partner States over the matter.
It also called on the East African Legislative Assembly to seek clarification on how Common Market commitments are being implemented.
“The integrity of the Common Market depends upon that distinction,” EALS said, referring to the need to distinguish between unlawful conduct and nationality.