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 unsettled exporters who rely on Europe as their top market.
Trade and Industry Cabinet Secretary Lee Kinyanjui confirmed that the government has engaged the Attorney‑General and initiated “appropriate appellate steps” to set aside the injunction and ensure uninterrupted access to the EU market.
Government Response
The ministry emphasised that, although the ruling has created uncertainty for traders, commercial arrangements with the EU remain protected.
Statement on a ruling by the EAC court suspending implementation of Kenya-EU Economic Partnership Agreement.@MITIKenya pic.twitter.com/qnOqIAdDaa
— Hon Lee Kinyanjui (@GovLeeKinyanjui) November 26, 2025
The EACJ suspended the EPA on November 24 after a civil society petition argued 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.
Trade Snapshot
The EU is Kenya’s largest export destination and its second‑largest trading partner:
- Total trade (2023): €3 billion
- Exports to EU: €1.2 billion (fruits, vegetables, flowers)
- Imports from EU: €1.7 billion (machinery, chemicals, industrial goods)
Under the EPA, which took effect in July 2024, Kenyan goods enjoy duty‑free and quota‑free access to the EU market.
EPA Negotiation Timeline
To understand the stakes, it’s important to trace the EPA’s long journey:
- 2014: Negotiations on the EAC–EU EPA concluded.
- June 2016: The EU and its member states signed the agreement.
- September 2016: Kenya signed and ratified the agreement.
- 2016–2020: Implementation stalled due to the fact that not all EAC partner states had signed or ratified.
- 27 February 2021: The EAC Summit, chaired by Kenya, allowed individual states to implement the EPA.
- May 2021: Kenya formally requested bilateral engagement with the EU.
- 19 June 2023: Bilateral implementation discussions with sustainability provisions politically concluded.
- 28 September 2023: The European Commission submitted proposals for Council Decisions on signing and conclusion.
- 12 December 2023: The EU Council adopted a decision to sign the EPA.
- 18 December 2023: The EU and Kenya signed the agreement in Nairobi.
- 29 February 2024: The European Parliament gave consent to agree.
- 24 April 2024: Kenya ratified the EPA.
- July 2024: The EPA entered into force, granting duty‑free, quota‑free access for Kenyan exports.
Policy and Investor Stability
Kinyanjui said Kenya will 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 is working 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.
Strategic Importance of the EPA
The EPA is central to Kenya’s industrial and export strategy, designed to:
- Secure long‑term access to the EU market
- Attract foreign investment
- Diversify exports beyond tea, coffee, and raw agricultural commodities
With the peak export season fast approaching, the government is keen to avoid any disruption that could undermine confidence among farmers, exporters, and investors.
