Ugandan Drags Kenya and South Sudan to Court Over Small Business Bans

A public-spirited Ugandan has petitioned the East African Court of Justice (EACJ) to contest executive directives from Kenya and South Sudan. The petitioner argues that these measures unjustly bar fellow East Africans from engaging in small-scale informal trade and micro-enterprises.

File documents at the regional court in Arusha indicate that the case was instituted by Mawa Kazini on behalf of vulnerable regional citizens. Kazini claims that the administrative orders and enforcement actions implemented by Juba and Nairobi contravene the East African Community (EAC) Treaty and the Common Market Protocol, which protect the right of citizens to free movement and economic participation.

According to the court filings, South Sudanese authorities in Juba County issued directives in October 2026 ordering the eviction of foreign nationals from roadside food stalls, vegetable vending, and boda-boda operations. Similarly, Kenya initiated enforcement operations and presidential directives in September 2026, targeting foreign hawkers and micro-traders ahead of anticipated domestic legislation.

Kazini argues that these nationality-based restrictions violate Articles 7, 10, and 13 of the EAC Common Market Protocol, as well as foundational principles of non-discrimination and the rule of law. The applicant is seeking court declarations rendering the directives null and void, alongside permanent injunctions to halt the arrest, harassment, and eviction of East African nationals.

The EACJ First Instance Division has notified the Attorney General of Kenya to submit a response within 45 days. Read more details about this legal challenge on the Daily Monitor.