NAIROBI,Kenya Jan 29 – The High Court in has approved the phased importation of duty-free rice to address Kenya’s production shortfall, while ordering the government to first buy all available local stocks to protect farmers from price suppression.
In a ruling delivered on Thursday, Justice Edward Muriithi directed the Ministry of Trade and the Kenya National Trading Corporation (KNTC) to import 254,000 metric tonnes of Grade 1 rice in three equal tranches beginning March 1, April 1 and May 1, 2026, after a 30-day mop-up exercise of locally produced rice.
The judge said food security is a matter of public interest that must be balanced against farmers’ constitutional right to fair markets and sustainable incomes.
“There is a convergence of rights in this matter the public interest in food security, the farmers’ economic rights to fair returns for their produce, and consumers’ right to affordable, quality food,” Justice Muriithi ruled.
Kenya currently produces about 20 per cent of its annual rice needs, leaving a deficit of roughly 800,000 metric tonnes against demand that exceeds one million tonnes, according to figures presented to the court.
Justice Muriithi ordered the government to purchase all locally produced and processed rice within 30 days from farmers, millers, traders and businesses across rice-growing regions, including Ahero, Mwea, Bunyala and Kano, regardless of whether they are affiliated with cooperatives or KNTC-contracted groups.
He directed that the mop-up be conducted at prevailing wholesale market prices, guided by the national market price index and in consultation with farmers and traders, warning that buying only at farm-gate prices through cooperatives disadvantages independent farmers and businesses.
“The mop-up must not be restricted to societies working with KNTC. Individual farmers and traders must also be afforded the opportunity to sell their stocks to the government,” the court said.
The ruling followed an earlier conservatory order issued on August 19, 2025, which had allowed the government to import 250,000 metric tonnes of rice duty-free while requiring regular reports on the progress of local purchases and updated production data.
Court filings showed that by the end of October 2025, the government had imported about 250,000 tonnes of duty-free rice but had only purchased approximately 514 tonnes from local farmers, mainly through cooperative societies linked to KNTC.
Petitioners opposed further imports, arguing that large quantities of locally produced rice remained unsold in farmers’ stores and milling facilities, and that additional imports would further depress prices and harm livelihoods.
They also cited projections of fresh harvests expected between November and December 2025, warning that unrestricted imports would undermine both current stocks and upcoming production.
However, the court accepted the government’s projections on national demand and production gaps, noting that Kenya faces a structural rice deficit that cannot be met through domestic output alone.
Justice Muriithi said Article 43 of the Constitution obligates the State to take reasonable measures to prevent food shortages and stabilise prices where production deficits exist, but stressed that this duty must be exercised in a manner that does not unfairly sacrifice farmers’ incomes.
He warned against dumping large volumes of cheap, duty-free imports into the market, saying this could trigger abrupt price declines and destabilise farming communities.
“The importation must be structured so as not to cause a drastic reduction in prices that would undermine farmers’ returns both at farm level and after value addition,” the court said.
The phased importation, the judge ruled, would help stabilise both supply and prices while allowing the market to absorb imports gradually without displacing locally produced stocks.
Justice Muriithi also granted all parties liberty to return to court for further directions should disputes arise over implementation of the orders, and directed that costs of the application would be determined after the main petition is heard.
Few days ago,confusion arose after High Court in Nairobi has ordered the Kenya Revenue Authority (KRA) to immediately clear all duty-free rice shipments. High Court in Kerugoya had asked the same agency to detain 55,000 tons consignment.
The Nairobi High Court had ordered the immediate release and customs clearance of all pending and incoming shipments of duty-free Grade 1 milled white rice, in a landmark decision that places national food security and the constitutional right to food at the forefront of government action.
In orders issued on January 20, the Milimani High Court instructed government agencies to unblock rice imports that have been held at ports and other entry points, warning that failure to comply would attract penal consequences.
The ruling follows a petition filed by Victor Okoth Onunga against the Cabinet Secretary for the National Treasury and Economic Planning, the Cabinet Secretary for Agriculture, Livestock and Fisheries, and three other state agencies.
The petitioner accused the respondents of administrative actions that risk worsening hunger, food shortages, and the cost-of-living crisis.
Justice Bahati Mwamuye, MBS, sitting in chambers, found that the case raises serious constitutional questions under Article 43(1)(c) of the Constitution, which guarantees every Kenyan the right to be free from hunger and to have adequate food of acceptable quality.
In his preliminary findings, the judge noted that both the application and the main petition concern urgent matters of national food security, drought response, and famine mitigation, issues that cannot be delayed by bureaucratic processes.
The court consequently issued mandatory conservatory orders compelling the 5th Respondent, together with all its officers, agents, and affiliated entities, to immediately secure the clearing, release, and customs entry of all qualifying rice shipments imported under the government’s duty-free window.
The orders apply to rice imported or scheduled for importation under Kenya Gazette Notice No. 10353 of 2025 and Kenya Gazette Notice No. 262 of 2026, provided the consignments meet inspection, quality, and food safety requirements.
