Nairobi, Kenya | 9 September 2026
The Kenyan Section of the International Commission of Jurists (ICJ Kenya) is deeply concerned by remarks
made by His Excellency President William Samoei Ruto on 2 September 2026 at State House, Nairobi,
directing foreign nationals engaged in small businesses to close down and calling for enforcement action
against foreigners operating businesses deemed reserved for Kenyan citizens.
ICJ Kenya is concerned that such statements risk legitimising discrimination, harassment and
xenophobic attacks against foreign nationals. Reports of harassment and threats against Burundian
and other foreign nationals following the remarks underscore the seriousness of these concerns.
No public authority, including the President, is above the Constitution or the law. Article 2 of the
Constitution affirms its supremacy, while Articles 2(5) and 2(6) incorporate the general rules of
international law and ratified treaties into Kenyan law. A presidential pronouncement cannot, by itself,
create new legal restrictions, extinguish existing rights or authorise coercive action beyond the authority
conferred by law.
The Bill of Rights protects every person, not only Kenyan citizens. Article 27 guarantees equality and
freedom from discrimination, including on grounds such as race, ethnic or social origin and other status.
While the law may reserve certain activities or rights for citizens, any distinction between citizens and non
citizens must have a lawful and constitutionally justifiable basis.
