NAIROBI, Kenya, Jan 23 – The High Court has 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.
In a further directive, the court ordered all respondents to fully apply the tax and levy exemptions provided under the two Gazette Notices. This ruling effectively ends uncertainty that had left importers facing unexpected charges despite official assurances of duty-free importation, and bars selective or inconsistent enforcement by state agencies.
The decision is expected to unlock thousands of tonnes of rice currently held at ports, particularly Mombasa, and to ease pressure on domestic markets where prices have risen sharply in recent months.
The ruling comes amid growing concern over food affordability, with rice increasingly becoming a staple for both urban and rural households. Delays in releasing imports had raised fears of shortages and price spikes, especially as drought and erratic weather continue to undermine local production.
Legal experts say the decision sends a strong signal that food security is not merely a policy consideration but a constitutional obligation that courts are prepared to enforce through direct and binding orders.
The court warned that any failure to comply with the orders would result in sanctions against responsible officials, placing immediate pressure on port authorities, customs officials, and other agencies involved in food imports.
The case is shaping up to be a defining moment in Kenya’s food security governance, testing whether state agencies can align administrative practices with constitutional obligations at a time when millions of households remain vulnerable to hunger.
As the government moves to comply with the ruling, importers, millers, traders, and consumers will be watching closely to see whether rice supplies finally reach the market and whether prices begin to ease.
For now, the High Court has drawn a clear line: when it comes to food, administrative delays are not just failures — they are constitutional violations.
