Court nullifies Agriculture Ministry tender to lease Bachuma Livestock Station
Taita Taveta officials told the court that the project would deprive residents of a key county asset used as a breeding centre for superior beef and goat breeds, developed with county funds and employing residents.
The High Court in Voi has declared unconstitutional a tender issued by the Ministry of Agriculture and Livestock Development to lease the Bachuma Livestock Quarantine Station in Taita Taveta County, ruling that the move violated the Constitution and principles of devolution.
Justice E. Wabwoto delivered the landmark judgment on Thursday, allowing a petition filed by the County Government of Taita Taveta, which challenged the ministry's invitation for bids under Tender No.MOALD/SDA/BLQS/IT/01/2024/2025.
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The tender sought private investors to manage, develop, and maintain the 15,000-acre quarantine station for livestock screening and shipment.
The county government, through lawyer Maingi Musyimi, argued that the Bachuma facility, located in Maungu, is a devolved function under Articles 186 and 187 of the Constitution and the Fourth Schedule, which assigns livestock development and disease control to county governments.
It claimed that the national government had unlawfully alienated the farm by seeking to lease it for 30 years without consultation or public participation.
Taita Taveta officials told the court that the project would deprive residents of a key county asset used as a breeding centre for superior beef and goat breeds, developed with county funds and employing residents.
They accused the ministry of violating the national values of public participation and accountability under Article 10 of the Constitution.
In response, the Ministry of Agriculture and the State Department for Livestock argued that the Bachuma Quarantine Station serves national interests by facilitating international livestock trade and disease-free certification, functions reserved for the national government.
The ministry maintained that the facility was established under the Vision 2030 framework as a livestock export zone and must remain under national management to comply with international obligations.
However, Justice Wabwoto held that the ministry's actions contravened key constitutional provisions on devolution, land use, and public participation. The court issued orders of certiorari and inhibition, quashing the tender and restraining the ministry from implementing or awarding it.
"The invitation for bids by the Ministry of Agriculture and Livestock Development violates Articles 60, 62, 186, 187, and the Fourth Schedule of the Constitution and is therefore null and void," the judge ruled.
The court declined to award costs, directing each party to bear its own expenses.
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