A Ugandan citizen has dragged the governments of Kenya and South Sudan to the East African Court of Justice (EACJ), challenging directives allegedly barring foreign nationals, including fellow East Africans, from operating small-scale businesses in the two countries.
Mawa Kazini, who has instituted the case in the public interest, wants the regional court to declare the restrictions unlawful and in violation of the East African Community (EAC) Treaty and Common Market Protocol, which guarantee free movement and the right of citizens to pursue economic activities across Partner States.
In his case filed before the First Instance Division of the EACJ in Arusha, Tanzania, Kazini accuses the two governments of introducing nationality-based restrictions that undermine regional integration and discriminate against citizens of other EAC Partner States.
He has sued the Attorney General of South Sudan as the first respondent and the Attorney General of Kenya as the second respondent.
According to the court documents, South Sudanese administrative and security authorities, particularly in Juba County, issued executive directives on October 5, 2026, ordering the eviction and exclusion of foreign nationals from small-scale informal retail trade, roadside food stalls, boda boda operations and vegetable vending.
Kazini also challenges administrative directives and enforcement operations allegedly introduced by Kenyan authorities on September 2, 2026, targeting foreign nationals involved in informal retail and micro-businesses.
He contends that the measures have subjected East African citizens to arbitrary exclusion from economic opportunities based on their nationality.
“The Kenyan restrictions were reinforced by a presidential directive issued at State House, Nairobi, ordering the closure of businesses operated by foreigners as the government awaited legislation on the matter,” reads part of Kazini’s affidavit.
He quotes the Kenyan President as saying in Swahili “Tuko na wafanyibiashara wa kutoka nchi zingine… wamekuja hapa na wamekuja kuwa wachuu.”
In the certified English translation attached to the affidavit, the statement reads: “We have traders from other countries… they have come here and they have come to be hawkers.”
Kazini further quotes the President as directing that, administratively, all hawkers operating small-scale businesses should close from the following Monday.
The affidavit also cites the President as saying the proposed legislation would identify businesses that foreigners would not be allowed to conduct in Kenya.
“In that parliamentary bill, we have proposed that there are businesses that a foreigner cannot do here in Kenya… by law,” the translated statement reads.
Kazini argues that such restrictions, particularly when applied indiscriminately to citizens of EAC Partner States, undermine the regional bloc’s commitment to a common market.
He contends that Article 13 of the EAC Common Market Protocol guarantees citizens of Partner States the right of establishment and allows them to pursue economic activities as self-employed persons without discrimination.
He also relies on Articles 7 and 10 of the Protocol, which provide for the free movement of persons and workers within the regional bloc.
The applicant further argues that the restrictions violate Articles 6(d), 7(2) and 8(1)(c) of the EAC Treaty, which require Partner States to uphold the rule of law, good governance, mutual trust and non-discrimination, and refrain from taking measures that jeopardise the objectives of the Community.
Kazini says the enforcement operations have reportedly resulted in arrests, harassment, confiscation of property and forced evictions of East African nationals engaged in informal businesses.
He states that the case is not about protecting his personal commercial interests but safeguarding the rights of millions of vulnerable citizens who depend on small-scale trade for their livelihoods.
“I do not swear this affidavit or institute these proceedings as a merchant, proprietor, or small-scale business owner seeking individual commercial relief, but exclusively as an active, public-spirited East African citizen acting in the public interest,” he states.
He argues that Article 30(1) of the EAC Treaty gives any natural person residing in a Partner State the right to challenge acts, regulations and decisions of Partner States that allegedly violate the Treaty.
The applicant is asking the court to declare that he has the legal standing to institute the proceedings in the public interest.
He also wants the court to declare the contested directives and enforcement operations unlawful, null and void for violating the EAC Treaty and Common Market Protocol.
Additionally, he is seeking a permanent injunction restraining the two governments, their police forces, administrative agencies and municipal authorities from arresting, harassing or evicting EAC nationals, or confiscating their property under the contested directives.
He further wants the court to order Kenya and South Sudan to revoke the alleged discriminatory orders and align their municipal laws and administrative regulations with EAC Community law.
The applicant has attached copies of the alleged government directives, gazette extracts, official statements and a video recording of the Kenyan President’s address as evidence in support of his claims.
The case is before the EACJ First Instance Division, which has jurisdiction to interpret and apply the Treaty establishing the regional Community.
The court has issued a notification requiring the Attorney General of Kenya to file a response within 45 days of service, warning that failure to do so could result in the reference being heard and determined in the respondent’s absence.
