The government has announced it will pursue legal remedies following the East African Court of Justice (EACJ) decision to suspend the Kenya-European Union Economic Partnership Agreement (EPA).
On Wednesday, November 26, the Ministry of Investments, Trade and Industry Cabinet Secretary Lee Kinyanjui confirmed that the government had taken steps to appeal the decision to protect Kenya's interests.
"The Ministry of Investments, Trade and Industry is in consultation with the Office of the Attorney General and has already initiated immediate appropriate steps, including but not limited to seeking redress for this ruling through the appropriate appellate mechanisms aimed at setting aside the
injunctive orders and allowing the continued implementation of the EPA pending the hearing and determination of the reference," the statement read.
The EACJ's ruling on November 24 came after a case filed by the Centre for Law, Economics and Policy, which argued that Kenya’s decision to sign the Kenya‑EU EPA violated several provisions of the EAC treaty.
Following the EACJ ruling, sections of Kenyan traders were plunged into uncertainty, particularly those who heavily rely on exports to the EU.
However, in a bid to quell tensions, the government reiterated that exporters would continue to access EU markets and 'steps are being taken to ensure continuity, predictability and protection of our existing commercial arrangements'.
The Ministry also revealed that the government had started talks with EAC partner states to clarify the proper interpretation of Article 37 of the EAC Protocol, which is meant to encourage transparency rather than restricting trading with the EU.
Pursuit of legal redress is intended to overturn the injunctive orders temporarily halting the EPA, allowing full implementation to resume pending the determination of the case.
This approach is the government's way of maintaining predictability and stability of Kenyan businesses whose success hinges on exports to the E.U.
Kenya's relationship with the EU is founded on shared values. EPA has been crucial for market access, export diversification and attracting foreign investment into the country, and as a result, has directly supported small and medium-sized enterprises across the country.
By ensuring that the agreement is sustained, the government stands to protect the businesses and livelihoods of thousands of workers.
"As a founding member of the EAC, Kenya reaffirms its commitment to the principle of variable geometry, which has, since the founding of the bloc, enabled Partner States to pursue differentiated integration pathways without undermining the collective growth and spirit of integration of the EAC," Kinyanjui reiterated.
