The High Court has temporarily stopped the govt from implementing a Cabinet decision approving implementation of importation of 500,000 MT of rice duty free.
This following a case filed by the Farmers Party against the Ministry of Agriculture over decision to import 500,000 MT of Rice duty free.
Justice Edward Muriithi issued conservatory orders on Monday after certifying the Farmers Party’s application as urgent.
The orders will remain in place until the matter is heard on Thursday, August 14, 2025.
“UPON READING the application in Chambers in the absence of the Counsel for the Plaintiff/Applicant and the Counsel for the Defendant/Respondent; IT IS HEREBY ORDERED: THAT the application for conservatory order to stay the implementation of the Cabinet Secretary’s decision published in Gazette Notice NO. 10353 of 28/7/2025 approving implementation of importation of 500,000 MT of rice duty free is certified urgent in view of the relief sought.” The Court order read.
In a statement, the party claims that the decision by the Agriculture Cabinet Secretary to import duty free rice was unreasonable, irrational, illegal and in gross violation of the Constitution of Kenya-2010.
“Under the Conservatory orders to stay the implementation filed on 3rd August, 2025, the party avers that the decision by the Agriculture Cabinet Secretary to import duty free rice was unreasonable, irrational, illegal and in gross violation of the Constitution of Kenya-2010.” Read the statement.
The case, filed under Petition No. E009 of 2025, pits the Farmers Party against the Cabinet Secretary for Agriculture, Livestock and Fisheries, the Agriculture and Food Authority, and other respondents.
Through Musyoki Musango Advocates, Farmers Party argues that the decision to import duty free rice disadvantages our local rice farmers who have enough stock to supply the markets.
Farmers Party, through the petitioner Simon Kamangu, who is also its Secretary General, argues that the decision will prejudice the interests of farmers in Kenya as well as the economy of Kenya.
Additionally, Kamangu claims that it is illogical for the government to import duty free rice in lieu of supporting the local rice farmers to produce qualitatively and quantitatively as agriculture is the backbone of our country’s economy.
Just last month, Kirinyaga County Governor Anne Waiguru asked the national government to prioritize buying all the locally produced rice before allowing importation of duty free product.
Waiguru said that while it is understandable that the country does not produce enough rice to meet the national demand, it is only imperative that priority is given to local rice farmers.
She warned that the planned importation of 500,000 metric tonnes of milled white rice announced in a notice by Cabinet Secretary for the National Treasury, John Mbadi, would hurt Mwea rice farmers.
“Before you import rice from outside, just note that our stores are full with rice and we ask that you first buy that one and then import to meet the deficit,” she asserted, noting that as a governor, she cannot sit back and watch farmers from the county suffer.
Her appeal came after a gazette notice by CS Mbadi allowing directed importation of duty free Grade 1 rice on or before 31st December 2025.
The move has been criticized by farmers in the rice growing scheme of Mwea who are concerned that the duty free rice import will flood the market with cheap rice and disadvantage them and cripple the local production.
Waiguru said importation of duty free rice should only be allowed when the local produce is bought.
Kirinyaga County is the leading rice producer in Kenya and hosts Mwea Irrigation Scheme that spans around 30,000 acres. The scheme produces about 200,000 metric tons that fetch farmers close to Ksh. 15 billion annually. It also supplies over 60% of domestic rice, largely contributing to the country’s overall rice production and food security goals.
