KAMPALA: A Ugandan citizen has sued the governments of Kenya and South Sudan at the East African Court of Justice over restrictions allegedly barring East Africans from operating small scale businesses in the two countries.
Mawa Kazini, who filed the case in the public interest, wants the regional court to declare the restrictions illegal, arguing that they violate the East African Community Treaty and Common Market Protocol.
In his case before the court’s First Instance Division in Arusha, Tanzania, Kazini challenges directives allegedly issued by South Sudanese authorities on October 5th and Kenyan authorities on September 2nd, 2026, targeting foreigners operating informal businesses.
The affected businesses reportedly include roadside food stalls, vegetable vending, boda boda operations and small retail shops.
Kazini argues that the restrictions discriminate against citizens of other East African Community (EAC) member states and violate their rights to free movement, establishment and employment within the regional bloc.
He also states that enforcement operations have resulted in arrests, harassment, confiscation of property and forced evictions of East Africans.
The applicant wants the court to declare the directives unlawful and issue a permanent injunction stopping the two governments from harassing or evicting EAC citizens engaged in small scale trade.
He is also seeking orders compelling Kenya and South Sudan to withdraw the contested directives and align their laws with regional regulations.
The court has notified Kenya’s Attorney General to file a response within 45 days of receiving the case, warning that proceedings could continue in the government’s absence if it fails to respond.
