Lawyer and activist Dr Sarah Bireete has raised concerns over Kenya’s decision to tighten restrictions on foreigners operating small-scale businesses, warning that the policy could have wider implications for East African integration.
Bireete said Kenya had legitimate reasons to protect local traders from unfair competition but argued that enforcement should not undermine the rights of citizens of East African Community (EAC) member states.
Her comments come after President William Ruto directed authorities to address the participation of foreign nationals in small-scale businesses, including informal trade. The Kenyan government has since given foreign business operators 90 days to regularise their immigration status, work permits, business registration and licences.
The government says the exercise is intended to protect opportunities for Kenyan traders while ensuring foreigners who are legally entitled to work or conduct business remain protected.
For Ugandans and other EAC citizens living and working in Kenya, however, the development has renewed questions about the practical meaning of the EAC Common Market.
Bireete argued that regional integration is based on principles including free movement, establishment and non-discrimination among citizens of partner states.
She warned that a broad crackdown, particularly if it affects EAC nationals who are operating legally, could encourage other member states to introduce reciprocal restrictions.
“The answer should be regulation, not regional economic nationalism,” Bireete said, urging governments to enforce existing immigration, licensing and tax requirements instead of treating EAC citizens as foreigners in practice.
Her remarks come as anxiety has grown among some foreign communities in Kenya.
Hundreds of Burundians recently sought assistance from their embassy in Nairobi amid fears over the government's crackdown, although Kenyan authorities have insisted that registered foreigners will be protected and that xenophobia will not be tolerated.
The debate could have particular significance for Uganda, whose citizens regularly travel to Kenya for employment, trade and business.
Bireete’s warning therefore places Kenya’s policy within a broader regional question: how EAC partner states can protect local economic opportunities while preserving the principles underpinning East Africa’s Common Market.