Prime Cabinet Secretary Musalia Mudavadi has defended Kenya’s crackdown on foreign nationals engaged in small-scale trade, insisting regional integration does not give EAC citizens a free pass to disregard Kenyan laws.
Mudavadi on Thursday said Kenya was not imposing a blanket ban on foreign nationals engaging in small-scale businesses, but was seeking to ensure that their activities comply with the East African Community Common Market Protocol and Kenyan law.
He spoke during a quarterly diplomatic briefing attended by ambassadors and representatives of international organisations in Nairobi.
The Prime Cabinet Secretary said the directives announced by President William Ruto on September 2 should be understood as measures aimed at protecting vulnerable sectors of the economy, promoting fair competition and securing the livelihoods of Kenyan citizens.
“Kenya is not implementing a blanket ban on foreign nationals engaging in small scale business,” Mudavadi said, adding that the government was seeking to ensure their participation was consistent with the EAC Common Market Protocol and applicable national law.
The government has faced criticism over the crackdown, with questions whether measures targeting the foreign traders are compatible with the EAC Common Market.
The protocol provides for the movement of people, goods, services and capital within the bloc.
Mudavadi, however, said foreign nationals from EAC partner states must comply with Kenyan laws governing their entry, stay and provision of services.
He also stressed that the principle should apply both ways, telling Kenyans living and working in other EAC countries to respect the laws and regulations of their host countries.
“This is a global practice,” Mudavadi said.
The Foreign Affairs CS said Kenya remained open to both small and large-scale trade by foreign nationals, provided they meet requirements relating to immigration, work permits, registration and licensing.
He described the government’s approach as regulatory rather than discriminatory, saying the objective was to strike a balance between regional integration and domestic legislation.
Mudavadi’s explanation also appeared aimed at reassuring the diplomatic community that the government’s actions should not be interpreted as hostility towards citizens of neighbouring countries.
He said President Ruto had affirmed the government’s responsibility to safeguard the rights of foreign nationals in Kenya.
Anyone who threatens or interferes with foreign nationals or their businesses, Mudavadi warned, would face the “full force of the law”.
Mudavadi reiterated Kenya’s commitment to the African Union’s Agenda 2063 and the goal of an integrated continent, including the free movement of people, capital, goods and services within applicable legal frameworks.
Kenya is also preparing to host the fourth COMESA-EAC-SADC Tripartite Summit in Nairobi, which the government says will seek to accelerate implementation of the African Continental Free Trade Area.
The three regional blocs bring together 29 countries, more than 700 million people and a combined GDP of more than $1.4 trillion, underscoring the economic stakes of deeper regional integration.
