Kenya has formally ratified an amendment to Article 24(2)(a) of the Protocol on the Establishment of the East African Community Customs Union, a key legal milestone that will expand the membership of the Trade Remedies Committee (TRC) to include representatives from the bloc’s new entrants.
The approval, made by the National Assembly on Wednesday, November 12, 2025, positions Kenya as the second EAC partner state after Burundi to complete the ratification process. Once all nine partner states finalize their respective approvals, Rwanda, Burundi, South Sudan, the Democratic Republic of Congo (DRC), and Somalia will each be entitled to nominate three members to the TRC.
The expanded Committee will have broader regional representation and will handle critical matters including rules of origin, anti-dumping measures, subsidies, safeguard mechanisms, and trade dispute resolution within the Customs Union.
Enhancing Fair Competition and Regional Trade Governance
The ratification represents a significant advancement in the EAC’s efforts to strengthen institutional mechanisms for trade governance and fair competition. By expanding the TRC, the region seeks to ensure that all partner states—old and new—have an equal voice in resolving commercial disputes and enforcing trade remedies.
Currently, the TRC is limited to nine representatives, drawn from Kenya, Uganda, and Tanzania, the three founding members of the EAC Customs Union established in 2005. The amendment will therefore modernize the bloc’s governance framework to reflect its enlarged membership.
Moving the motion in the House, Regional Integration Committee Chairperson Hon. Irene Mayaka said the ratification had been delayed despite the memorandum having been earlier tabled before Parliament and referred to her committee.
“This approval is a critical step toward accommodating all our partner states under the Trade Remedies Committee and strengthening the institutional foundation of our Customs Union,”
said Hon. Mayaka.
“It demonstrates Kenya’s continued leadership in advancing regional economic integration.”
Parliament Calls for Open Borders and Economic Cooperation
Lawmakers who contributed to the debate underscored the importance of regional cooperation and open trade as the cornerstone of Africa’s economic transformation.
Leader of the Majority Party, Hon. Kimani Ichung’wah, welcomed the move and called on other partner states to embrace freer movement of goods and people.
“As we accommodate all these good neighbours, those restrictive to open the borders must embrace the spirit of East African Cooperation and the African Continental Free Trade Area,”
he said.
“Bigger numbers mean a bigger market—and that’s what will drive continental economic growth.”
Eldas MP Hon. Adan Keynan lauded Kenya’s historical leadership within the region, urging the country to continue setting the pace for economic discipline and cooperation.
“Kenya is a leading nation. We should be aspiring to the standards of developed economies, not to the league of struggling nations,”
said Keynan.
“Let us demonstrate leadership and responsibility for others in the region to emulate.”
Fair Treatment and Free Movement Remain Key Concerns
While MPs largely supported the amendment, they also raised concerns over barriers that still hinder Kenyan traders and citizens across the region.
Mombasa County MP Hon. Mohammed Zamzam called for fair treatment of Kenyan businesses in partner states, noting that Kenyan traders often face bureaucratic and regulatory challenges not reciprocated elsewhere.
“Kenyan businessmen sometimes face challenges in other East African countries, yet Kenya remains welcoming,”
she said.
“Our neighbours should allow Kenyans to move freely and do business with ease.”
Kathiani MP Hon. Robert Mbui emphasized that the Customs Union is only one step toward the EAC’s ultimate ambition—a full political federation.
“This is just the beginning of a long journey. The EAC looks forward to a political federation, which is the ultimate goal,”
said Mbui.
“Partner states must be fair, respect human rights, and remove barriers like passport checks that still slow regional integration.”
Stronger Trade Mechanisms for a Larger Community
Once the ratification process is completed across all nine EAC member states, the expanded Trade Remedies Committee will become a critical pillar in resolving disputes, enforcing fair trade practices, and promoting industrial competitiveness within the bloc.
The Committee’s mandate will include investigating trade distortions such as dumping, subsidies, and unfair trade practices, as well as recommending corrective actions under the EAC legal framework. It will also provide advisory opinions on rules of origin—a key issue for exporters navigating preferential tariffs within the Customs Union.
By broadening participation, the EAC aims to create a more inclusive platform for trade governance that reflects the economic realities of its enlarged membership, now stretching from the Indian Ocean to the Atlantic coast through the DRC.
Kenya’s Role in Regional Integration
Kenya has consistently played a leading role in pushing for deeper regional integration, both within the EAC and under the African Continental Free Trade Area (AfCFTA) framework. The country’s ratification of the Customs Union amendment underscores its continued commitment to a unified regional market that supports industrialization, job creation, and cross-border investment.
Economists say the move could also help address emerging trade tensions among partner states, especially as new entrants bring diverse economic structures and regulatory systems. A stronger Trade Remedies Committee is expected to offer more effective mediation and technical expertise in resolving such disputes.
Looking Ahead
The next phase will involve ratification by the remaining partner states—Uganda, Tanzania, Rwanda, South Sudan, DRC, and Somalia—to allow the amended Protocol to take full effect. Once operational, the expanded TRC will support faster dispute resolution and promote predictability in regional trade, a crucial factor for investors and manufacturers.
The development comes amid renewed momentum to harmonize tariffs, enhance border efficiency, and eliminate non-tariff barriers within the EAC, with leaders reaffirming their vision of a politically and economically integrated community.
“This amendment is not just a legal formality,” one senior trade official noted, “it is a statement that the EAC is ready to function as a unified, competitive market in the global economy.”
