LSK faults Ruto on foreigners derective

Law Society of Kenya President Charles Kanjama. [File, Standard]

The Law Society of Kenya (LSK) has faulted President William Ruto over his recent directive barring foreign nationals engaging in certain forms of small-scale trade in Kenya.

LSK President Charles Kanjama said that the Kenyan 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 LSK President says that the East African Community Treaty and the Common Market Protocol are founded on the free movement of people, labour and services, the right of establishment and non-discrimination among citizens of Partner States.

He said that the commitments are binding on Kenya and cannot be thrown away though a directive made by the President seeking to treat nationality as sufficient reason to exclude a person from lawful economic activity.

“Citizens of EAC Partner States are, of course, required to comply with Kenyan law. Where a person trades without a required licence, violates immigration conditions or commits any other offence, the law should take its course,” said Kanjama.

“The action must be based on the particular violation, not simply on where the person comes from.”

LSK said that the Kenyan Constitution requires every person to be treaty equally before the law, respect for human dignity and fair administrative action.

Kanjama said that the same principles are reflected in the African Charter on Human and Peoples’ Rights, the International Covenant on Civil and Political Rights and the Universal Declaration of Human Rights.

“At the heart of these instruments is a simple principle: every person is entitled to the equal protection of the law.”

According to Kanjama, Kenya cannot demand free movement and fair treatment for its citizens and businesses across East Africa while denying the same protection to citizens of other Partner States.

“The Law Society therefore calls upon the Government to review the directive and bring it into conformity with the Constitution, the EAC Treaty and the Common Market Protocol.”

Kanjama said that any trade restrictions must have clear legal basis and should be applied fairly, individually and without discrimination.

“We also note with grave concern that some Kenyans have been seen confronting, intimidating and attacking foreign traders and interfering with their businesses and goods.”

Kanjama warned that no government directive authorizes members of the public to assault another person, confiscate goods or decide who may trade or remain in Kenya.

“The Government must protect those at risk, investigate the reported attacks and make it clear that enforcement belongs to authorized public institutions, not individuals or crowds.”

The LSK President said that Kenya can regulate trade and enforce its laws without violating the rights of citizens of other EAC Partner States or encouraging hostility against them.

“The law must apply to conduct, not nationality. The attacks must stop, and Kenya must honour both the letter and spirit of the East African Community.”