High Court orders government to disclose details of duty-free rice importation programme

High Court orders government to disclose details of duty-free rice importation programme
High Court orders government to disclose details of duty-free rice importation programme - Justice Alfred Mabeya issued the orders after certifying as urgent a petition filed by the Ahero Rice Farmers Association. (Carolyne Kubwa)
Justice Alfred Mabeya issued the orders after certifying as urgent a petition filed by the Ahero Rice Farmers Association. (Carolyne Kubwa)

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They must also reveal the remaining balance of the 490,000-metric-tonne quota and produce Cabinet memoranda, policy papers, stakeholder consultation reports, records of public participation and any economic impact assessments that informed the decision.

The High Court in Kisumu has ordered the government to open its controversial duty-free rice importation programme to public scrutiny, directing key State agencies to disclose within seven days how the scheme is being implemented.
Justice Alfred Mabeya issued the orders after certifying as urgent a petition filed by the Ahero Rice Farmers Association challenging the transparency of the programme established under Gazette Notice No. 10061 of July 6, 2026.
The petition names the Cabinet Secretary for the National Treasury and Economic Planning, the Cabinet Secretary for Agriculture, Livestock and Fisheries, the Agriculture and Food Authority (AFA), the Kenya Revenue Authority (KRA), the Attorney General and the Kenya National Trading Corporation as parties to the case.

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The court directed the respondents to immediately respond to the application and scheduled the matter for mention on July 20 for further directions.
Pending the hearing, the court ordered the Treasury, Agriculture Ministry, AFA and KRA to file and serve detailed records relating to the importation programme allowing the duty-free importation of up to 490,000 metric tonnes of Grade 1 milled white rice by November 30, 2026.
The agencies have been directed to disclose the complete list of approved importers, quantities allocated to each importer, amounts already imported and cleared, customs entry numbers for every consignment, all duty exemptions granted, import permits and approvals issued, and the criteria used in allocating the quotas.

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They must also reveal the remaining balance of the 490,000-metric-tonne quota and produce Cabinet memoranda, policy papers, stakeholder consultation reports, records of public participation and any economic impact assessments that informed the decision.
In its petition, the Ahero Rice Farmers Association makes it clear that it is not seeking to stop the government's rice importation programme.
Instead, it argues that a scheme involving substantial tax waivers and conferring commercial benefits on private importers must be administered transparently, accountably and within constitutional limits.
The association says rice farmers from Ahero, Mwea, Bunyala, West Kano and other rice-growing regions were never consulted before the Gazette Notice was issued, despite the programme having a direct impact on their livelihoods.
According to the farmers, unrestricted duty-free imports could depress farm-gate prices, reduce demand for locally produced rice and inflict significant financial losses on growers who have already invested heavily in land preparation, irrigation, seed, fertiliser, labour, harvesting and milling.
They argue that public disclosure of import allocations and monitoring of the quota would enable farmers, taxpayers and the public to verify that the programme remains within the authorised 490,000-metric-tonne ceiling and complies with constitutional principles of transparency, accountability and public participation.

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