Rebecca Kadaga: Ugandans in Kenya Must Regularise Stay Amid Ruto Crackdown

• Uganda's Minister Rebecca Kadaga urged Ugandans in Kenya to regularize their stay and comply with Kenyan laws.
• This call follows President William Ruto's directive for a crackdown on illegal foreign traders, which Kadaga clarified is for compliance, not expulsion.
• The EAC Common Market Protocol allows movement but requires adherence to host country laws, necessitating permits and licenses for Ugandan traders in Kenya.
• Kenyan Foreign Affairs PS Korir Sing'oei apologized to Burundian nationals for harassment and clarified Ruto's remarks were linked to the Local Content Bill.
• The situation underscores the ongoing debate on balancing EAC regional integration with national sovereignty and regulatory compliance.

While this regional agreement facilitates the movement and employment of citizens across member states, it does not absolve individuals from their obligation to comply with the specific laws of the host country.

Rebecca Kadaga, Uganda's Minister for East African Community Affairs, has issued a strong appeal to Ugandans residing and conducting business in Kenya, urging them to formalize their presence and adhere strictly to Kenyan legal frameworks. This directive comes in the wake of President William Ruto's recent order for a comprehensive crackdown on foreign traders operating without proper authorization. Minister Kadaga clarified that the Kenyan President's initiative should not be misconstrued as an attempt to expel non-Kenyans, but rather as a mandate for all foreign business operators, including Ugandan traders, to register and secure the necessary permits and licenses.

The minister emphasized that the objective is to ensure proper regularization, not expulsion. She highlighted the expectation for individuals engaged in commerce to obtain business licenses, establish bank accounts, and maintain a verifiable address, moving away from informal street hawking. This clarification from Rebecca Kadaga aims to alleviate tensions that arose following President Ruto's announcement, which specifically targeted small-scale businesses like kiosks and hawking, asserting that such ventures should be reserved for Kenyan citizens. The initial directive had prompted concern among various foreign trader communities, including Ugandans and Burundians, with reports of some businesses closing down and individuals departing Nairobi via major bus stations.

Minister Kadaga underscored a critical distinction regarding the East African Community (EAC) Common Market Protocol. While this regional agreement facilitates the movement and employment of citizens across member states, it does not absolve individuals from their obligation to comply with the specific laws of the host country. She articulated that the EAC has not yet achieved a federal structure, meaning sovereign obligations and rights of individual nations remain paramount. Therefore, while the protocol enables people to move and work within different partner states, this must be accomplished through appropriate legal channels.

Kadaga further advised that Ugandans intending to establish residence or conduct business in Kenya must proactively inform the relevant authorities and secure all requisite documentation. She stressed that individuals cannot simply arrive and claim land or business opportunities without formal application and notification to the host nation. This process ensures that Kenyan authorities are aware of their presence, identity, and intended activities, thereby aligning with Kenya immigration requirements for Ugandans and other foreign nationals.

The initial confusion and tension surrounding President Ruto's foreign traders crackdown prompted further official responses. Korir Sing'oei, the Principal Secretary for Foreign Affairs, issued an apology to Burundian nationals for harassment experienced amidst the uncertainty of the crackdown on unlicensed foreign traders. During a visit to the Burundian Embassy in Nairobi, Sing'oei provided assurances of enhanced security measures for these nationals as they work to regularize their documentation.

Earlier, PS Sing'oei had suggested that President Ruto's remarks had been misinterpreted, indicating they were made in reference to provisions within the Local Content Bill, which is currently under parliamentary consideration. These clarifications from Kenyan officials, alongside Rebecca Kadaga's EAC statement, collectively aim to guide foreign traders towards compliance rather than fostering an environment of fear or expulsion.

The remarks by Minister Kadaga arrive at a pivotal moment, reigniting discussions surrounding the practical implementation of the EAC Common Market Protocol. This ongoing debate centers on the rights of citizens from partner states to move, work, and engage in commerce across the East African region. The incident highlights the delicate balance between fostering regional integration and upholding national sovereignty and domestic regulatory frameworks.

For Ugandan traders in Kenya and other foreign nationals, the emphasis remains on proactive adherence to local laws, including securing all necessary permits and licenses. This situation serves as a crucial reminder that while regional agreements facilitate cross-border activities, compliance with host country regulations, such as Kenya immigration requirements Ugandans face, is non-negotiable and essential for avoiding penalties under ongoing enforcement actions.

Lawyers advising Ugandan clients operating or residing in Kenya should proactively ensure their clients' full compliance with Kenyan immigration and business licensing laws. This article underscores that despite EAC Common Market Protocol provisions, host country regulations remain paramount, and non-compliance could lead to penalties under the ongoing crackdown on foreign traders.

Source: Original reporting via Capital FM