KISUMU, Kenya, Jan 15 — The Kakamega High Court has deferred to March 19 the hearing of a petition challenging the election of Kenya Sugar Board (KSB) directors, in a case that has drawn keen interest from sugarcane farmers across western Kenya.
The case was filed under a certificate of urgency by Malava Sub-county cane grower Boniface Masinde, who is seeking to stop the planned elections until the matter is heard inter partes.
In his petition, Masinde argues that Malava, one of the largest cane-growing areas in the region, was unfairly left out in the zoning adopted by the industry regulator for the KSB polls and should have its own director.
Presiding over the matter on Thursday in a packed courtroom attended by hundreds of farmers, Justice Stephen Mbugi postponed the hearing after allowing an application by advocate Millicent Muyoka to have farmers formally enjoined in the proceedings as interested parties.
The court heard that the case had initially proceeded without the direct participation of farmers, who are the primary stakeholders in the sugar sector.
Masinde is challenging the zoning framework for the planned KSB elections under the new Sugar Act, which was assented into law by President William Ruto in 2024.
He argues that the delimitation of board boundaries is unfair and unconstitutional, particularly the failure to grant Malava its own electoral zone.
He told the court that the current zoning disenfranchises farmers from Malava and undermines the principle of equitable representation, warning that if the process is allowed to proceed, a major sugar-producing region will be locked out of meaningful participation in the management of the sector.
Welcomed decision
In his directions, Justice Mbugi gave all parties seven days to file and exchange submissions following the joinder of the farmers’ representatives.
“The court is persuaded that farmers, being the primary stakeholders in the sugar sector, ought to be heard in this matter,” the judge ruled as he set the next mention date.
Outside the court precincts, farmers welcomed the decision to involve their representatives but appealed for urgent intervention to avert further delays in the election of KSB directors, calling on President Ruto to step in and ensure the board is constituted as required by law.
Hurting farmers
Kilion Osur, the Secretary-General of the Kenya National Federation of Sugar Cane Farmers (KNFSF), warned that the continued absence of directors at the sugar board was hurting farmers.
“In the absence of KSB directors, farmers will continue to suffer because there is no one to champion their interests at the national level,” Osur said.
He added that farmers had high expectations following the enactment of the new Sugar Act, but warned that prolonged uncertainty would only worsen their plight.
“Farmers were destined for good things if they have directors in place, but this confusion will only worsen their plight,” he said, urging President Ruto to “come out and help farmers from this quagmire.”
Osur also cautioned that continued delays could open the door to cheap sugar imports at a time when the COMESA safeguards period has elapsed, exposing local farmers to unfair competition.
Another Malava farmer, Michael Matanji, accused unnamed businessmen of sponsoring court cases to derail reforms in the sugar sector.
“Farmers were taken through public hearings before the Act came into law, and anyone with a different opinion ought to have raised it then,” Matanji said.
The case will now be mentioned on March 19 as the court awaits submissions from all parties.
