National Treasury CS John Mbadi issued a gazette notice allowing the importation of 500,000 metric tons of duty-free milled white rice. [Courtesy]
The High Court has declined to strike out a case challenging the government’s decision to allow duty-free rice into the country.
Justice Edward Muriithi, in his ruling, said that the case by Kirinyaga Senator Kamau Murango was weighty as it questions the legitimacy of the government’s interest to ensure food security in the country as measured against the legitimate expectation that they would sell their products without losses owing to flooding of exported commodities.
“It would appear that this apparent intersection (or conflict) of rights caused by the Cabinet Secretary for Treasury in repeatedly publishing the Gazette Notices subject of the constitutional challenge herein and in other suits gives rise to questions in terms of Article 165(4) whether it was a valid exercise of authority within the meaning of the Constitution and whether the Gazette authority to import rice duty-free infringes upon the farmers’ right to property through resultant price drops affecting the marketability and profitability returns of the local farmers’ rice growing activity,” ruled Justice Muriithi.
This comes as two separate cases were filed questioning the government’s fresh green light to importers to bring into the country 4,900 tons of rice. Rice farmers say the country has more than enough rice to feed Kenyans. They complained that the move was to flood the market.
In the case before Justice Muriithi, the government claimed that the court had no powers to entertain the claims as this was an administrative issue. It also argued that several cases had been filed in different courts, hence, an abuse of court process.
On July 28, 2025, the National Treasury Cabinet Secretary John Mbadi issued a gazette notice allowing the importation of 500,000 metric tons of duty-free milled white rice.
The notice has created a circus, with the judiciary as the playing field.