Citizens of Burundi outside their Embassy along Dennis Pritt Road Nairobi, September 8, 2026. /EZEKIEL AMING'AThe Law Society of Kenya (LSK) and the Kenyan Section of the International Commission of Jurists (ICJ Kenya) have called for a review of the government directive targeting foreign nationals engaged in small-scale trade, warning that its enforcement must respect the rule of law and human dignity.
The two legal bodies said the government has the right to regulate trade and enforce immigration laws but cautioned that such powers must be exercised within the Constitution and Kenya's international and regional obligations.
Their concerns come after President William Ruto directed on September 2 that foreign nationals engaged in small businesses should close down, with enforcement action taken against those operating businesses deemed reserved for Kenyan citizens.
The government has since issued a 90-day grace period for foreigners affected by the directive to obtain the necessary legal documentation.
ICJ Kenya said the President's remarks risk legitimising discrimination, harassment and xenophobic attacks against foreign nationals, citing reports of harassment and threats against Burundian and other foreigners following the remarks.
It stressed that no public authority, including the President, is above the Constitution and the law, and that a presidential pronouncement cannot on its own create new legal restrictions, remove existing rights or authorise coercive action beyond what the law permits.
“The Bill of Rights protects every person, not only Kenyan citizens,” ICJ Kenya said, pointing to Article 27 of the Constitution, which guarantees equality and freedom from discrimination.
The organisation acknowledged that Kenya is entitled to regulate immigration, employment and economic activity by non-citizens.
However, it said such regulation must have a lawful basis and comply with human rights obligations, particularly the principles of non-discrimination, proportionality and equal protection of the law.
"Presidential statements or administrative directives cannot lawfully circumvent these obligations," ICJ Kenya chairperson Christine Alai said.
LSK similarly urged the government to review the directive and bring it into conformity with the Constitution, the East African Community Treaty and the Common Market Protocol.
The society said Kenya's regional commitments provide for the free movement of people, labour and services, as well as the right of establishment and non-discrimination among citizens of EAC Partner States.
"Kenya cannot therefore 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."
It said foreign nationals must comply with Kenyan law and that those operating without the required licences, violating immigration conditions or committing offences should face enforcement based on their individual conduct.
“Any restrictions on trade must have a clear legal basis and must be applied fairly, individually and without discrimination,” LSK said.
The two organisations also raised concern over reports of Kenyans confronting, intimidating and attacking foreign traders, as well as interfering with their businesses and goods.
LSK said no government directive gives members of the public the authority to assault people, confiscate property or determine who may trade or remain in Kenya.
“The law must apply to conduct, not nationality,” the society said.
"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."
ICJ Kenya likewise called for the protection of migrants, refugees and asylum seekers from harassment, violence, arbitrary detention and other abuses.
It warned that enforcement affecting refugees and asylum seekers must also comply with Kenya's obligations under international refugee and human rights law.
Both organisations said concerns over immigration status, licensing, business regulation and competition should be addressed through lawful and proportionate enforcement rather than collective action or rhetoric that could fuel hostility against foreigners.
ICJ Kenya called on the government to withdraw or clarify the President's remarks and reaffirm its commitment to the constitutional protection of everyone within Kenya.
LSK said Kenya can protect local businesses and enforce its laws without violating the rights of citizens of other EAC Partner States.
The organisations said efforts to protect Kenyan traders must not come at the expense of constitutional rights, regional commitments, human dignity or the rule of law.
