The High Court in Kisumu has ordered top government officials to give a report on the details of the implementation of the 490,000 metric tonnes of Grade 1 milled white duty-free rice importation program.
According to the court, the order to the government officials follows a petition from the Ahero Rice Farmers Association requiring the Cabinet Secretary for the National Treasury and Economic Planning, the Cabinet Secretary for Agriculture, Livestock and Fisheries, the Agriculture and Food Authority (AFA) and the Kenya Revenue Authority (KRA) to file detailed information on the program.
In a Gazette Notice No. 10061 dated July 6, the government authorized the importation of up to 490,000 metric tonnes of rice in accordance with the international and Kenyan standards on foods.
In addition, the notice emphasized that every consignment of the imported Grade 1 Milled white rice was to be accompanied by a Certificate of Conformity issued by the Kenyan Bureau of Standards.
“It is notified for the general information of the public that in exercise of the powers conferred by section 114 (2) of the East African Community Customs Management Act, 2004, as read with item 20 of Part B of the Fifth Schedule to the Act, the Cabinet Secretary for the National Treasury, upon the recommendation of the Cabinet Secretary for Agriculture and Livestock Development, directs that 490,000 metric tonnes of Grade 1 Milled White Rice may be imported into the country duty free on or before the 30th November, 2026,” part of the Gazette notice read.
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High Court Order on Rice Importation Program
Following the petition, High Court Justice Alfred Mabeya certified the case as urgent after the farmers’ association argued that implementation of the program had either begun or was imminent.
Further, the court ordered that the government officials be served immediately and respond before the mention scheduled for July 20.
Justice Mabey has directed that disobedience or non-observance of the order by the government officials would face penal consequences.
“This matter coming up on 9/7/2026 on the notice of motion dated 8/7/2026 before Honorable Justice A. Mabeya. And upon reading the supporting affidavit thereto, it is hereby ordered: that the application be served forthwith and be responded to for directions on 20/7/2026,” Justice Alfred Mabeya ordered on July 9.
Under the High Court orders, government agencies will be required to provide a complete breakdown of how the import scheme is being administered.
In addition, the officials will also provide the identities of approved importers, quantities allocated to each importer, and the volumes already imported and cleared through customs.
Customs entry numbers for each consignment, all duty exemptions granted under the program, and the criteria used to approve importers and allocate quota will also be detailed by the officials as petitioned by the Ahero Rice Farmers Association.
The association has further sought information on how much of the authorized quota remains available and whether any mechanisms exist to monitor compliance with the 490,000-tonne ceiling.
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Ahero Rice Farmers Association on Rice Importation
The Ahero Rice Farmers Association says its petition is not aimed at stopping rice imports but ensuring that the program is implemented transparently and within the law.
According to the association, the Government has the authority to import rice to support national food security objectives.
However, it argues that a program involving substantial tax waivers and significant commercial benefits for private importers should be subject to public scrutiny and accountability.
Additionally, the association noted that the rice farmers have expressed fears that large-scale duty-free imports could negatively affect local production and prices.
Public Participation on Government Project
In the petition against the government over the importation program, the petitioner noted that the rice importation project lacked stakeholder engagement before the issuance of the Gazette Notice.
Rice farmers, millers, farmers’ organizations, and the county government were not involved in public participation, according to the petitioner.
In addition, the association argued that the Government has not publicly disclosed the data, market assessments, and economic analyses relied upon in determining that 490,000 metric tonnes of rice should be imported duty-free.
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