The High Court in Kirinyaga has temporarily blocked the government’s plan to import 500,000 metric tonnes of duty-free rice, delivering a major blow to a controversial policy aimed at lowering market prices.
In a conservatory order issued on Monday, August 11, Justice Edward Muriithi suspended a July 28 gazette notice by Treasury Cabinet Secretary John Mbadi, which had authorized the importation of Grade 1 milled white rice at zero duty before December 31, 2025. The directive was made on the recommendation of Agriculture Cabinet Secretary Mutahi Kagwe.
The court’s intervention followed an urgent application filed by the Farmers Party against the Ministry of Agriculture, Livestock and Fisheries, the Agriculture and Food Authority, and the National Treasury. The case, lodged under a Notice of Motion dated August 7, will be heard on Thursday, August 14.
“Conservatory order is issued in terms of prayer No. 2 of the Notice of Motion pending hearing of the application,” Justice Muriithi stated in the ruling.
Kenya’s rice consumption has been steadily increasing, particularly in urban areas, outpacing domestic production. Ministry of Agriculture data shows the country produces about 180,000 tonnes annually, with Mwea Irrigation Scheme in Kirinyaga County contributing over 80% of that amount. However, national consumption exceeds 700,000 tonnes, forcing reliance on imports.
The government defended its duty-free import plan as a necessary market stabilization measure. Officials argued that importing 500,000 tonnes of premium white rice before the year’s end would help curb rising prices, which have been driven up by poor harvests, higher input costs, and disruptions in the global supply chain.
Local growers, especially from the Mwea Rice Growers Multi-Purpose Cooperative Society, strongly oppose the policy. They argue that a sudden influx of cheap, duty-free rice will undercut farm-gate prices, discourage future cultivation, and leave current stocks languishing in warehouses.
Kirinyaga leaders, including Governor Anne Waiguru, have urged the national government to purchase locally produced rice first before opening the market to imports. Waiguru has also pushed for farmers to acquire a majority stake in the Mwea Rice Mills to strengthen their bargaining power.
The High Court’s conservatory order underscores the judiciary’s growing involvement in economic policy disputes. By freezing the import authorization, Justice Muriithi ensured that no irreversible steps are taken before the case is fully heard.
At the heart of the legal challenge is whether the government complied with due process under the East African Community Customs Management Act, 2004, and whether the anticipated consumer benefits outweigh the potential harm to local producers.
The dispute is unfolding in a politically charged environment. The Farmers Party, which brought the case to court, has a strong base in agricultural constituencies, where livelihoods are tightly linked to crop prices. Positioning themselves as defenders of farmers, they stand to gain politically if the import plan is blocked.
For the government, the challenge is balancing its food affordability agenda with the political and economic imperative to protect domestic production. With Kenya’s food import bill already under public scrutiny, this case could shape broader policy debates on self-sufficiency, subsidies, and trade ahead of the 2027 General Election.
The matter will return to court on Thursday, August 14, where both sides will present arguments. Until then, the importation of duty-free rice remains on hold — and so does the government’s broader plan to use imports as a tool for taming food prices.
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