Justice David Mburu of Kenya’s High Court declined to find President William Ruto’s September 2 remarks unlawful, noting the petitioner failed to prove any enforcement of the proposed restrictions before Parliament passed the Local Content Bill.

The judge affirmed a core principle that pending legislation has no legal force and cannot be enforced without an existing legal basis, but said the petitioner did not demonstrate that the government actually acted on the pending bill.

The Attorney General argued that the president only outlined policy intentions and that any enforcement would rely on existing immigration, licensing and business registration laws, not the unpassed bill.

Justice Mburu also rejected claims that the president’s statement violated constitutional protections on discrimination, freedom of movement, property rights and fair administrative action, citing a lack of concrete evidence of adverse action against any individual.

The petition’s broader arguments about breaches of the East African Community Treaty, the Common Market Protocol and the African Charter were dismissed for the same reason – no proof of a blanket ban or mass deportations.

Although the court recognized the petition raised valid constitutional questions, it declined to grant any of the requested orders, leaving the proposed restrictions unenforced for now.

Background on the proposed Local Content Bill

The Local Content Bill, introduced in 2025, seeks to require foreign companies operating in Kenya to give priority to local businesses, workers, suppliers and Kenyan‑made goods.

Reaction among foreign small‑business owners

President Ruto’s September announcement triggered anxiety among foreign traders, with hundreds of Burundian nationals queuing at their embassy for emergency travel documents amid fears of business closures.

Reports of intimidation and attacks against foreign traders surfaced, prompting the government to issue a 90‑day grace period for regularising immigration status, work permits, business registrations and operating licences.

State House also warned the public against harassing foreign business owners during the grace period.