The East Africa Law Society (EALS) has called on the Kenyan Government to stop harassment, detention, removal or other adverse treatment of citizens from East African Community (EAC) member states based solely on their nationality.
In a statement on September 8, EALS has also demanded that Kenya clearly publish the legal basis, scope and procedures guiding enforcement against foreign nationals engaged in small-scale businesses, including requirements for those lawfully living and working in the country.
“Calls upon the Government of Kenya to ensure that no citizen of Burundi or any other EAC Partner State is subjected to harassment, detention, dispossession, removal or other adverse treatment solely on the basis of nationality and without a lawful basis,” read part of the statement.
The demands come after Ruto issued a 90-day ultimatum requiring everyone conducting business in Kenya to comply with applicable immigration, work permit, registration, and licensing requirements.
EALS Piles Pressure on Ruto Over Order Targeting Foreign Traders
Additionally, EALS called for enforcement measures to be based on identifiable breaches of the law and applied individually, fairly and proportionately.
The lawyers’ body further wants affected persons to be given safeguards, including notice, reasons for adverse decisions, access to legal assistance and opportunities for judicial or administrative review where provided by law.
EALS said it was particularly concerned about reports of anxiety among Burundian and other EAC citizens in Kenya, including large numbers of Burundian nationals seeking consular assistance and documentation in Nairobi.
The society acknowledged that Kenya has the authority to regulate economic activity within its territory and enforce its immigration, licensing, tax and labour laws.
However, it said such powers must be exercised within Kenya’s Constitution, domestic laws and its obligations as an EAC Partner State.
Measures to be Implemented
EALS called on the Government to ensure implementation of the measures is consistent with Kenya’s obligations under the EAC Treaty and Common Market Protocol.
It also urged the Chairperson of the EAC Summit and the EAC Secretary-General to engage the Kenyan Government and affected Partner States and, where necessary, activate regional mechanisms to address concerns arising from implementation of the Common Market.
The East African Legislative Assembly has equally been urged to seek clarification from Kenya on the implementation of Common Market commitments affected by the measures.
EALS further called on the Law Society of Kenya, the Burundi Bar Association and other regional bar associations to document credible cases of unlawful or discriminatory treatment and facilitate access to legal assistance and remedies.
Also Read: Ruto Issues 90-Day Reprieve to Burundians and Other Foreigners Operating in Kenya
The society said Kenya’s legitimate interest in protecting local traders and enforcing its laws must be balanced with the rights and interests of citizens of other EAC Partner States.
“The integrity of the Common Market depends upon that distinction,” EALS said, referring to the need to distinguish between unlawful conduct and nationality.
EALS President Ramadhan Abubakar said the organization was ready to facilitate engagement among governments, EAC institutions, bar associations and other stakeholders to resolve the concerns within the law and principles of East African integration.
Also Read: Kenya Sends Another Message to Foreigners Doing Business After Ruto’s Order
EALS Warns Ruto Order Could Affect Kenyans Across East Africa
The Society (EALS) said the situation has implications beyond Kenya’s domestic economic policy, given the country’s central role in the movement of people, goods, services and investment across East Africa.
EALS said the treatment of citizens from other EAC Partner States in Kenya could affect confidence in the Common Market and potentially influence how Kenyan citizens are treated in other countries within the region.
The society said reports of Burundian nationals seeking consular and travel documentation in Nairobi should be taken seriously, particularly amid concerns among foreign traders following the announcement and commencement of enforcement measures.
It said the fact that citizens of an EAC Partner State may feel uncertain enough about their position in Kenya to consider leaving the country should be treated as a regional concern.
According to EALS, the EAC risks undermining public confidence in free movement and regional economic integration if citizens are uncertain about the practical protection of rights guaranteed under the Common Market.
However, the society said it does not support retaliatory measures by other Partner States, warning that restrictions imposed in response could create a cycle that ultimately affects ordinary citizens.
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