The High Court has blocked the withdrawal of a constitutional case challenging the government’s decision to allow duty-free rice imports, saying the matter raises serious public interest concerns.
In a ruling delivered in Kerugoya, the court allowed Kirinyaga Senator Kamau Murango and Baragwi Ward Representative David Mathenge to take over the case after the Farmers Party, which first filed it, sought to withdraw it.
The judge said cases that touch on public participation, consumer rights, farmers’ livelihoods and national economic policy cannot be abandoned once they are before the court.
“This petition raises important constitutional issues, including public participation, consumer protection, and the rights to property and livelihood,” the court ruled.
The case challenges a Gazette Notice issued on July 28, 2025, which allowed the duty-free importation of up to 500,000 tonnes of grade-one rice. The Farmers Party filed the petition in August 2025, accusing the National Treasury and the Ministry of Agriculture of failing to involve the public and acting outside the law.
In December, the party applied to withdraw the case, but Senator Murango and Mathenge opposed the move. They argued that ending the case would remove court orders that currently limit duty-free imports to 250,000 tonnes.
The two leaders warned that allowing large amounts of cheap imported rice into the country would hurt local farmers, especially those in the Mwea irrigation scheme, by flooding the market and lowering prices.
Government agencies, including the Kenya National Trading Corporation and the Agriculture and Food Authority, argued that Kenya depends heavily on rice imports to meet demand. They said duty-free imports help stabilise prices and prevent shortages.
However, the petitioners said the government opened the import window before buying all locally produced rice, putting farmers at a disadvantage while benefiting importers.
The court rejected the government’s objections and allowed the case to proceed to a full hearing. The decision keeps alive a legal battle that could influence Kenya’s rice import policy and the protection of local farmers.
