The High Court on Thursday declined to declare President William Ruto's pronouncement on foreign nationals running small businesses unlawful. Justice David Mburu dismissed the constitutional petition. He ruled that there was not enough evidence that the remarks led to unconstitutional enforcement. For foreign traders, this means any crackdown must rest on immigration, licensing and business laws already in force.
Petitioner Benedict Wandeto challenged Ruto's remarks of September 2, 2026. He argued that the President had ordered government agencies to start enforcing restrictions on foreign nationals in certain businesses within five days. At the time, the Local Content Bill 2025 was still before Parliament. According to The Star, the Bill aims to make foreign companies in Kenya give priority to Kenyan businesses, workers, suppliers and locally made goods. Wandeto wanted the directive declared unconstitutional, null and void. He also wanted agencies barred from implementing it.
The judge agreed with Wandeto on the main legal point. "I agree with the petitioner that a bill pending before Parliament has no force of law and cannot, without an independent existing legal basis, be enforced through executive or administrative actions," Mburu said. He added that the Executive cannot anticipate a law and impose restrictions that depend entirely on it.
But Mburu said Wandeto had not shown that any identifiable person or business faced enforcement under the pending Bill. He also found no proof of a binding administrative instrument to implement the restrictions. The judge rejected claims that the remarks violated constitutional rights on discrimination, freedom of movement, property and fair administrative action. He said the alleged breaches of articles 27, 39, 40 and 47 had not been proved to the required standard.
Wandeto had also argued that the remarks breached the East African Community Treaty, the Common Market Protocol and the African Charter on Human and People's Rights. The court found no sufficient evidence that a prohibition had been implemented or that mass expulsions or deportations had taken place. Mburu said the petition raised constitutional issues that deserved the court's attention. He nonetheless refused to grant the orders sought.
The Attorney General, representing the respondents, told the court that the President was stating government policy intentions. The government said any enforcement would follow existing immigration, licensing and business laws. It also pointed to a 90-day regularisation period for foreign nationals to sort out work permits and business registration.
The Star reported that the directive caused anxiety among foreign traders. Hundreds of Burundian nationals flocked to their embassy in Nairobi seeking travel documents, fearing harassment and business closures. Some traders reported intimidation and attacks. On September 8, State House announced the 90-day window before strict enforcement of existing laws. It also warned against harassing foreign nationals.