LSK, ICJ Kenya call for review of directive targeting foreign traders
The Law Society of Kenya and the ICJ Kenya have challenged a government directive requiring foreign nationals in small-scale trade to close their businesses. The legal bodies argue that the directive lacks a constitutional basis and risks inciting xenophobia.
Why it matters
This highlights a conflict between executive power and constitutional rights, specifically regarding the treatment of foreign nationals and the rule of law in Kenya.
Citizens of Burundi outside their Embassy along Dennis Pritt Road Nairobi, September 8, 2026. /EZEKIEL AMING'A
The 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.
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