Getting it Wrong: Applying Public Security Limitation to the East African Community's Right of Establishment in Kenya

Authors

Priscah Wamucii Nyotah, University of Nairobi School of LawFollow
Francis D.P. Situma, University of Nairobi School of LawFollow
Edwin Abuya, University of Nairobi School of LawFollow

Document Type

Article

English Abstract

The Right of Establishment (ROE) is one of the rights and freedoms provided for under the East African Community’s Common Market Protocol. Under this right, citizens of East African Community Partner States, namely, Kenya, Uganda, Tanzania, Rwanda, Burundi, South Sudan, and the Democratic Republic of Congo are entitled to move to any other Partner State and pursue economic activities, as self-employed persons. Their spouses and children are also entitled to this right or to be employed. They are also entitled to join the security schemes of the host PS. However, the right is not absolute. A PS can limit the enjoyment of the right on the ground of public security. The “how” of applying the limitation was left to the Partner States to deal with under their national laws. This article analyses how Kenya handles this limitation regarding East African Community citizens, who are ROE holders. It examines the scope of the limitation focusing on its theoretical underpinning, and its scope under the Common Market Protocol. It then identifies and explains areas where Kenya is getting it ‘wrong’. The article contends that Kenya has not balanced the interests of ROE holders and its national interests. It suggests steps towards getting it right during the application of the limitation.

Citation Information

Nyotah, Priscah Wamucii; Situma, Francis D.P.; and Abuya, Edwin. "Getting it Wrong: Applying Public Security Limitation to the East African Community's Right of Establishment in Kenya." The Transnational Human Rights Review 9. (2022) : 31-68.
DOI: https://doi.org/10.60082/2563-4631.1100
https://digitalcommons.osgoode.yorku.ca/thr/vol9/iss1/2