Foreigners crackdown: East Africa Law Society says Kenya should adhere to binding regional treaties

In a statement issued on September 7, 2026, EALS highlighted that the directive has triggered panic and uncertainty among regional migrants living in Kenya.

“EALS is particularly concerned by reports of anxiety among Burundian and other East African Community (EAC) citizens in Kenya, including the large numbers of Burundian nationals who have recently sought consular assistance and documentation in Nairobi.”

The panic peaked on Monday as anxious Burundian informal traders crowded outside their embassy in Nairobi. 

While EALS, in its statement, acknowledged that Kenya has sovereign authority to regulate its domestic economy, collect taxes and enforce immigration laws, it firmly stressed that this authority cannot override binding regional treaties.

"Kenya has the authority to regulate economic activity within its territory. It is entitled to enforce its immigration, licensing, tax and labour laws and to take lawful measures to protect local livelihoods and address breaches of domestic law. That authority must, however, be exercised within the legal framework binding the State," said the law society. 

The society reminded Kenya that as an EAC partner state, its local enforcement must align with the EAC common market protocol, which guarantees the free movement of goods, labor, services and people across member states. 

“Measures directed at economic activity can have consequences for livelihoods, personal security, dignity and confidence in the regional integration project," it said. 

The EALS also noted the clarification by Kenyan authorities ensuring that foreign nationals possessing the correct permits and documentation will remain legally protected.

However, while welcoming this clarification, the body insisted that the implementation on the ground must match these claims.

The body also clarified that regional treaties do not shield East African citizens from the domestic laws of the country in which they choose to do business.

They insisted that nationality should not be treated as evidence of illegality.