The High Court has cleared the way for a petition challenging the government’s latest duty-free rice import programme amid concerns over its impact on local farmers and the transparency and legality of the 490,000-tonne import quota.

Justice Edward Muriithi dismissed the Attorney-General’s preliminary objection seeking dismissal, a suspension or transfer of the petition from Kerugoya to Kisumu.

The court also extended an interim order dated July 22, 2026, suspending implementation of the planned importation pending determination of whether the petition should be referred to an uneven bench of judges.

The legal dispute concerns a Gazette Notice published on July 6, 2026 by the National Treasury, authorising duty-free importation of 490,000 metric tonnes of Grade One milled white rice by November 30.

NAtional Treasury — The National Treasury in Nairobi.

Photo credit: File I Nation Media Group

Kirinyaga Senator James Murango filed the petition in his own capacity and in the public interest, challenging the decision on grounds that the Treasury lacked a lawful basis for authorising the duty-free importation.

He argues that the move breaches upon the farmers’ right to property through resultant price drops affecting the marketability and profitability returns of the local farmers’ rice growing activity.

The government argued that the case should not proceed because Ahero Rice Farmers Association had earlier filed a petition in Kisumu challenging the same Gazette Notice.

The Attorney-General said simultaneous proceedings risked conflicting decisions on the constitutionality of the import programme.

Justice Muriithi disagreed, finding that the petitions involved different causes of action, factual backgrounds and issues.

“The causes of action are different and the court observes that the issues and factual background of the cases are different,” the court said.

In its petition, Ahero Rice Farmers Association says it represents more than 1,500 farmers from Ahero, West Kano, Bunyala, Mwea, Tana Delta, Bura, Hola, Garsen and Taita Taveta.

On July 9, the High Court in Kisumu ordered Treasury, Ministry of Agriculture, the Agriculture Food Authority and the Kenya Revenue Authority to disclose the approved importers, quantities allocated, quantities cleared, customs entries, duty exemptions and permits.

The Kisumu court also ordered disclosure of Cabinet memoranda, policy papers, stakeholder consultation records, public participation records and economic-impact assessments preceding the Gazette Notice.

In the Kerugoya case, Senator Murango challenges the legality and constitutionality of the Gazette Notice under Section 114(2) of the East African Community Customs Management Act.

He also challenges the decision over alleged lack of public participation and absence of a declared emergency under the applicable disaster-management framework.

His petition further questions compliance with the Price Control (Essential Commodities) Act and constitutional rules governing tax waivers.

The petition seeks orders quashing the Gazette Notice No.10061 and stopping duty-free rice imports under it.

Preferential customs treatment

Mr Murango argues that successive duty-free import notices have introduced large quantities of foreign rice into the domestic market.

The petition says farmers have invested in land preparation, irrigation, certified seed, fertiliser, labour, mechanisation, harvesting and milling under government policies supporting domestic production.

It says repeated imports under preferential customs treatment could affect the marketability and profitability of local rice before the dispute is finally determined.

He argues that another large duty-free import allocation could depress farm-gate prices and reduce returns to local producers.

In its ruling, the court identified constitutional questions involving farmers’ property rights, the Government’s interest in food security, and the property rights of successful rice-import licence holders.

The court said these interests “may converge in a constitutional framework” and that the dispute raises questions about whether National Treasury validly exercised its authority.

Justice Muriithi also considered whether the petition should be certified as raising a substantial question of law worth handling by an expanded bench.

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He directed parties to make submissions on the issue and directed that the status quo be maintained, meaning the gazette notice remains suspended.

The court said duty-free imports could have irreversible effects on farm and consumer prices and rice farmers’ profitability.

“The irreversibility of execution of importation duty-free of rice under the impugned Gazette Notice calls for suspension of the implementation pending consideration by the court. Irreversability is the basis of grant of conservatory orders,” Justice Muriithi said.

The fresh dispute follows earlier litigation in which the Kerugoya High Court imposed controls on duty-free rice imports authorised under Gazette Notices issued in 2025 and January 2026.

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jwangui@ke.nationmedia.com