The debate over foreigners operating small businesses in Kenya has taken a new turn after constitutional lawyer Evance Ndong argued that being a foreign national does not strip a person’s constitutional protection under the Kenyan law.
Speaking in an exclusive interview with Teddy Ernest of The Kenya Times, Ndong says the directive by President William Ruto targeting foreign nationals should have been approached from a constitutional, not a political, perspective.
The lawyer argues that, with exceptions to the right to vote and the access to information, every foreigner in the country is entitled to the same constitutional protections as Kenyan citizens.
He further explains that the Constitution of Kenya protects “all persons,” which refers to both Kenyan citizens, foreigners, associations and companies. According to the lawyer, the moment a person lands on Kenyan soil, they are entitled to constitutional protections.
“There are only two rights under the Constitution that are specifically limited to citizens. The right to vote and the right to access information. Beyond that, the Bill of Rights largely uses the terms ‘a person’ or ‘all persons’, which includes foreigners,” Ndong said.
Ndong also questioned the legal basis of President William Ruto’s directive, saying it should have been made official in writing.
According to the lawyer, the real issue is whether foreigners have obtained the necessary permits and complied with immigration requirements, and not the level of businesses they run in the country. Watch the full interview below
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