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Kenya scrambles to save key EU trade pact after court suspension

East African Court of Justice (EACJ) has suspended the implementation of the Kenya–European Union Economic Partnership Agreement (EPA), prompting a swift reaction from the government of Kenya.

The suspension, issued on November 24, 2025, follows a challenge by a non-governmental think-tank arguing that Kenya violated the procedural requirements of the East African Community (EAC) treaty by signing the deal without properly consulting fellow member states.

According to the government, the EPA which has been operational since 2024 is crucial, underpinning nearly €1.2 billion in exports from Kenya to the European Union in 2023.

In response, Cabinet Secretary Lee Kinyanjui announced that Kenya would appeal the ruling and pursue legal and diplomatic channels to reinstate the agreement.

Kinyanjui also reassured exporters and investors that current commercial arrangements would be preserved for now, and that full access to EU markets remains a government priority as the legal process unfolds.

Meanwhile, the government has initiated consultations with other EAC member states to clarify the interpretation of Article 37 of the EAC Protocol, arguing the clause should support transparency not block sovereign trade initiatives.

Given how much of Kenya’s agribusiness flowers, fruits, and other fresh produce depends on tariff-free European market access, the stakes are high: prolonged uncertainty could disrupt supply chains, jobs, and export incomes.

 

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