Nairobi — The Kerugoya High Court has approved the phased importation of duty-free rice to address Kenya's production shortfall, while ordering the government to first buy all available local stocks to protect farmers from price suppression.
In a ruling delivered on January 29, 2026, Justice Edward Muriithi directed the Ministry of Trade and the Kenya National Trading Corporation (KNTC) to import 254,000 metric tonnes of Grade 1 rice in three equal phases starting March 1, April 1 and May 1, 2026. This will follow a 30-day mop-up exercise of locally produced rice.
Justice Muriithi said food security is a matter of public interest but must be balanced against farmers' constitutional right to fair markets and sustainable incomes.
"There is a convergence of rights in this matter -- the public interest in food security, the farmers' economic rights to fair returns for their produce, and consumers' right to affordable, quality food," he ruled.
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Kenya currently produces about 20 per cent of its annual rice needs, leaving a deficit of roughly 800,000 metric tonnes against demand exceeding one million tonnes, according to figures presented to the court.
The judge ordered the government to purchase all locally produced and processed rice within 30 days, covering farmers, millers, traders and businesses in major rice-growing regions, including Ahero, Mwea, Bunyala and Kano.
He directed that the mop-up be conducted at prevailing wholesale market prices, guided by the national market price index and in consultation with farmers and traders. The court warned against restricting purchases to farm-gate prices or cooperative societies linked to KNTC, saying this disadvantages independent farmers and businesses.
"The mop-up must not be restricted to societies working with KNTC. Individual farmers and traders must also be afforded the opportunity to sell their stocks to the government," the court said.
The ruling follows an earlier conservatory order issued on August 19, 2025, which allowed the government to import 250,000 metric tonnes of rice duty-free, subject to regular reporting on local purchases and updated production data.
Court filings showed that by the end of October 2025, the government had imported about 250,000 tonnes of duty-free rice but had purchased only 514 tonnes from local farmers, mainly through cooperatives linked to KNTC.
Petitioners opposed further imports, arguing that large volumes of locally produced rice remained unsold in farmers' stores and milling facilities. They warned that additional imports would depress prices and harm livelihoods, especially ahead of expected harvests between November and December 2025.
However, the court accepted the government's projections on national demand and production gaps, noting that Kenya faces a structural rice deficit that cannot be met through domestic production alone.
Justice Muriithi cited Article 43 of the Constitution, which obligates the State to take reasonable measures to prevent food shortages and stabilise prices where deficits exist. He cautioned against dumping large volumes of cheap, duty-free imports into the market, saying this could trigger sharp price declines.
"The importation must be structured so as not to cause a drastic reduction in prices that would undermine farmers' returns," the court said.
The judge ruled that phased imports would help stabilise supply and prices while allowing the market to absorb imported rice gradually without displacing local stocks.
He also granted parties liberty to return to court should disputes arise over implementation and directed that costs would be determined after the main petition is heard.
Conflicting court orders
The ruling comes days after confusion emerged following a Nairobi High Court decision ordering the Kenya Revenue Authority (KRA) to immediately clear all duty-free rice shipments, while the Kerugoya High Court had earlier directed the same agency to detain a 55,000-tonne consignment.
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In orders issued on January 20, the Milimani High Court instructed government agencies to unblock all pending and incoming shipments of duty-free Grade 1 milled white rice, warning that failure to comply would attract penal consequences.
The case was filed by Victor Okoth Onunga against the Cabinet Secretaries for the National Treasury and Agriculture, among other state agencies. The petitioner argued that delays in clearing imports risk worsening hunger, food shortages and the cost-of-living crisis.
Justice Bahati Mwamuye, sitting in chambers, found that the matter raised serious constitutional questions under Article 43(1)(c), which guarantees every Kenyan the right to adequate food of acceptable quality.
The court issued mandatory conservatory orders compelling KRA and related agencies to immediately clear qualifying rice shipments imported under Kenya Gazette Notice No. 10353 of 2025 and Gazette Notice No. 262 of 2026, provided they meet inspection, quality and food safety requirements.
