LSK calls for review of foreign trader directive, warns against nationality-based attacks

Jukwaa

📻 Breaking It Down

LSK said the government has the right to regulate trade, enforce immigration laws and protect Kenyan businesses, but cautioned that such powers cannot be exercised without regard to Kenya’s legal and regional obligations.

“The Government is entitled to regulate trade, enforce immigration laws and protect Kenyan businesses. However, it must do so within the Constitution and the commitments Kenya has freely undertaken as a member of the East African Community (EAC),” the society said.

The statement comes amid heightened tensions surrounding foreign nationals in Kenya, particularly Burundians, following President William Ruto’s September 2 directive targeting foreigners engaged in certain forms of small-scale trade.

📌 What You Need to Know

The government has since sought to reassure foreign nationals that those with valid documentation remain protected, while giving undocumented foreigners 90 days to regularise their status.

Foreign Affairs Principal Secretary Korir Sing’oei on Tuesday held consultations with Burundi, UNHCR and IOM as the government moved to establish a coordinated response to concerns affecting Burundian nationals.

LSK said Kenya’s obligations under the EAC Treaty and Common Market Protocol provide for free movement of people, labour and services, the right of establishment and non-discrimination among citizens of Partner States.

“Citizens of EAC Partner States are, of course, required to comply with Kenyan law,” LSK said, adding that anyone trading without a required licence, violating immigration conditions or committing another offence should face enforcement.

However, it stressed that “the action must be based on the particular violation, not simply on where the person comes from.”

The society said constitutional principles of equality before the law, human dignity and fair administrative action must also guide enforcement.

📰 Source: Capital FM Kenya

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