The Kenyan government has moved to reassure exporters and investors following the suspension of the EU–Kenya Economic Partnership Agreement (EPA) by the East African Court of Justice (EACJ).
The ruling, delivered on Monday, November 24, 2025, followed a petition by the Centre for Law, Economics and Policy on East African Integration (CLEP-EA). The group argued that the EPA violated the East African Community (EAC) treaty and risked disrupting regional trade flows.
In a statement on Wednesday, Ministry of Investments, Trade and Industry Cabinet Secretary Lee Kinyanjui acknowledged the uncertainty caused by the ruling, noting that it had “caused uncertainty to our traders and the business community at large.”
CS Kinyanjui emphasized that the EPA remains vital to Kenya’s export economy, describing the deal as “the lifeline of our booming exports and a source of livelihood to a large majority of Kenyans.” He assured producers that the government was taking steps to maintain access to European markets.
“The Government of Kenya wishes to confirm to its citizens and exporters that they will continue to access the EU market. Steps are being taken to ensure continuity, predictability, and protection of our existing commercial arrangements,” he said.
The ministry has also initiated legal options to challenge the suspension. CS Kinyanjui stated that measures are underway to seek redress through appropriate appellate mechanisms, aiming to overturn the injunctive order and allow continued EPA implementation pending the hearing of the case.
The government is engaging with other EAC member states regarding interpretations of Article 37 of the Customs Union Protocol, cautioning that excessive judicialization could undermine policy space and investor confidence.
Kenya will host the upcoming EAC Heads of State Summit, where CS Kinyanjui said “all critical issues touching on the State Parties to the EAC can be addressed at the highest level.”
The EACJ’s suspension followed concerns that Kenya negotiated the EPA without full consultation with other EAC members, including Democratic Republic of Congo and Somalia, who joined the bloc after the 2014 negotiations. CLEP-EA also raised procedural and environmental concerns, warning that the agreement could disrupt regional trade and pose ecological risks.
While the EACJ did not rule on the merits of the case, it highlighted that potential environmental harm could be irreversible, ordering a freeze on the EPA until the matter is fully determined—a process expected to take several months.
The suspension carries significant implications for Kenya, whose trade with the EU was valued at €3 billion in 2023, including nearly €1.2 billion in exports. The EPA was intended to enhance Kenya’s industrial competitiveness by gradually reducing tariffs on selected European imports.
No other EAC member state has joined the agreement so far, but updates are expected during the EAC Heads of State Summit on December 5-6 in Nairobi.
