The High Court has ruled that a constitutional challenge against the government’s duty-free rice import programme cannot be dropped, noting that the case raises critical issues affecting farmers, consumers, and national policy.
Delivered in Kerugoya, the ruling permitted Kirinyaga Senator Kamau Murango and Baragwi Ward Representative David Mathenge to take over the petition after the Farmers Party, which initially filed it, decided to withdraw.
The court underlined that constitutional cases addressing public and economic interests cannot simply be abandoned.
“The constitutional character of the petition, as pleaded, clearly raises constitutional issues of public participation, consumer rights and violations of rights to property and life, among others,” the court observed, citing prior rulings that warn against abuse of legal processes.
It added that the Farmers Party could not discontinue a case involving significant constitutional and economic matters, which impact rice farmers and the broader public.
The petition challenges a Gazette Notice issued on July 28, 2025, authorising duty-free importation of up to 500,000 tonnes of grade-one rice.
The Farmers Party filed the case in August 2025, alleging that the National Treasury and Agriculture ministries ignored public participation, infringed on farmers’ property rights, and exceeded powers under the East African Community Customs Management Act.
In December, the party filed a notice seeking to withdraw the petition “in its entirety, with no order as to costs.”
Senator Murango and Mathenge opposed the withdrawal and asked to be substituted as petitioners, arguing that allowing the case to end would overturn interim limits on imports set at 250,000 tonnes.
They warned that thousands of rice farmers, especially in Mwea, would face losses if cheap imports flooded the market.
Justice Edward Muriithi rejected objections from government agencies, including the Kenya National Trading Corporation and the Agriculture and Food Authority, which claimed the lawmakers lacked standing and that similar cases elsewhere made this petition unnecessary.
Government officials told the court that Kenya depends on rice imports and that duty-free shipments are needed to stabilise prices and avoid shortages.
They said retail prices have fallen since imports began and cautioned that halting imports could encourage hoarding and price spikes.
The petitioners countered that the government failed to utilise local rice stocks adequately before opening the import window.
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