Kenya has moved to appeal last week’s decision by the East African Court of Justice (EACJ) suspending implementation of the EU–Kenya Economic Partnership Agreement (EPA), a ruling that has triggered anxiety among exporters who rely heavily on Europe as their top market.
- •Trade and Industry Cabinet Secretary Lee Kinyanjui said the government had already engaged the Attorney-General and initiated “appropriate appellate steps” to set aside the injunction and ensure uninterrupted access to the EU market.
- •The ministry said the ruling had created uncertainty for traders and insisted that commercial arrangements with the EU remain protected.
- •The EACJ suspended the EPA on November 24 after a petition by a civil society organisation argued that Kenya breached EAC procedures by proceeding without full regional alignment.
Nairobi, however, maintains it acted under the bloc’s “variable geometry” principle, which allows individual member states to progress at different speeds.
The EU is Kenya’s largest export destination and its second-largest trading partner, with total trade reaching €3 billion in 2023. Kenya exported €1.2 billion worth of mainly fruits, vegetables and flowers, while importing €1.7 billion in machinery, chemicals and industrial goods. Under the EPA, which took effect in July 2024, Kenyan goods enjoy duty-free and quota-free access to the EU.
Kinyanjui said Kenya would seek an immediate reversal of the suspension while continuing to engage EAC partner states to clarify the intent of Article 37 of the EAC Protocol. He added that the government would also work to reassure investors of policy stability as the case proceeds. An upcoming EAC Heads of State Summit is expected to address the matter at a political level.
The EPA is central to Kenya’s industrial and export strategy, designed to secure long-term access to the EU market, attract investment and diversify exports beyond tea, coffee and raw agricultural commodities. With the peak export season fast approaching, the government is keen to avoid any disruption.
