KERUGOYA, Kenya, Aug 11 – The High Court sitting in Kerugoya has issued a conservatory order halting the government’s plan to import 500,000 metric tonnes of rice duty-free, pending the hearing of a case challenging the decision.
Justice Edward M. Muriithi granted the orders on Monday after certifying as urgent an application filed by the Farmers Party, which is contesting a Cabinet resolution announced through Gazette Notice No. 10353 of July 28, 2025.
The notice had authorized the duty-free importation of Grade 1 milled white rice to cushion consumers from an anticipated shortage.
“Upon reading the application in Chambers in the absence of the Counsel for the Plaintiff/Applicant and the Counsel for the Defendant/Respondent; it is hereby ordered that the application for conservatory order to stay the implementation of the Cabinet Secretary’s decision published in Gazette Notice NO. 10353 of 28/7/2025 approving implementation of importation of 500,000 MT of rice duty free is certified urgent in view of the relief sought,” Justice Muriithi ruled.
He directed that the case be mentioned on Thursday, August 14, 2025, for hearing and further directions.
The order will remain in effect until the court hears and determines the application.
The case — filed under reference HCCHRPET/E009/2025 — names the Cabinet Secretary for Agriculture, Livestock and Fisheries, the Agriculture and Food Authority, and the Kenya National Trading Corporation among the respondents.
In court documents, petitioner Alex Musyoki, acting on behalf of rice farmers, argued that the government’s justification for the importation was misleading and unconstitutional.
He claimed that the decision was made without proper public participation, ignored available local stocks, and unfairly disadvantaged Kenyan rice farmers.
Musyoki disputed the government’s assertion of a looming rice shortage, insisting that paddy rice from multiple harvests between July 2024 and September 2025 remained unsold at farms, granaries, and private silos.
“All the locally produced rice at the paddy, in private reserves and the market will continue suffering a significant price drop and rendering the last two previous harvests a loss which demeans the livelihoods of thousands of rice farmers across the Country, “he said.
He further alleged that the move would depress market prices, leading to heavy losses for farmers, while denying the Kenya Revenue Authority significant import duty revenue.
The petition also accused the government of breaching the Price Control (Essential Commodities) Act and the East African Community Customs Management Act by introducing price controls without an actual emergency, and of bypassing the National Disaster Risk Management Strategy.
Justice Muriithi warned that any breach of the conservatory order would attract penal consequences for the responsible parties.
