COURT (UGNEWSLINE) – A Ugandan citizen has petitioned the East African Court of Justice (EACJ), seeking to overturn alleged government restrictions in Kenya and South Sudan that bar foreign nationals, including East Africans, from operating small-scale businesses.
Mawa Kazini, in a case filed before the court’s First Instance Division in Arusha, Tanzania, accuses the two governments of violating the East African Community (EAC) Treaty and the Common Market Protocol by targeting foreign nationals engaged in informal businesses.
Kazini has sued the Attorneys General of Kenya and South Sudan, arguing that the restrictions undermine regional commitments on the free movement of people, workers and the right of citizens from partner states to establish businesses across the region.
According to court documents, South Sudanese authorities, including officials in Juba County, allegedly issued directives on October 5, 2026, ordering foreign nationals to stop operating small-scale businesses.
The affected businesses reportedly include roadside food vending, vegetable selling, boda boda operations and other informal trade activities.
In Kenya, Kazini challenges alleged directives and enforcement operations dating September 2, 2026, which he says targeted foreigners operating small businesses in major commercial centres.
He also cites remarks allegedly made by President William Ruto at State House in Nairobi, directing foreign nationals operating hawking and other small-scale businesses to close them as the government prepared legislation to regulate the sector.
Kazini argues that the restrictions discriminate against citizens of other EAC partner states and violate provisions of the regional treaty that promote non-discrimination, economic cooperation and the right of establishment.
He specifically relies on Articles 6(d), 7(2) and 8(1)(c) of the EAC Treaty, as well as Articles 7, 10 and 13 of the Common Market Protocol.
He further argues that individual partner states cannot use domestic laws or administrative directives to override obligations they have undertaken under the regional integration framework.
Kazini says he filed the case in the public interest as a Ugandan citizen and resident of the East African Community, rather than seeking compensation for personal business losses.
He wants the court to declare that he has the legal right to bring the case in the public interest and that the contested restrictions are unlawful, null and void.
He is also seeking a permanent injunction stopping the two governments and their security agencies from arresting, harassing or evicting EAC citizens, or confiscating their property on the basis of the disputed directives.
Additionally, he wants the court to order Kenya and South Sudan to withdraw the measures and align their domestic laws and administrative regulations with EAC laws.
The two governments have been given 45 days to file their defence before the case can be scheduled for hearing.
The case comes amid growing legal challenges over restrictions imposed by EAC partner states on foreign nationals operating small businesses.
In August 2025, Ugandan lawyer Steven Kalali petitioned the same court, challenging a Tanzanian government order that barred non-citizens, including EAC nationals, from engaging in several business activities.
Kalali challenged the Business Licensing (Prohibition of Business Activities for Non-Citizens) Order, 2025, issued by Tanzania’s Minister for Trade, Selemani Saidi Jafo, and published on July 28, 2025.
The order restricted foreigners from engaging in activities including retail trade, mobile money transfers, phone repairs, salon services, tour guiding, cleaning services and small-scale mining.
Kalali argued that the restrictions violated the EAC Treaty and Common Market Protocol by limiting the movement of labour, services and investment within the region.
That case is also yet to be heard by the East African Court of Justice.
