High Court orders state to disclose beneficiaries of duty-free rice import programme
Justice Alfred Mabeya issued the orders after certifying as urgent a petition filed by the Ahero Rice Farmers Association challenging the implementation of Gazette Notice No. 10061 of July 6, 2026, which authorised the duty-free importation of up to 490,000 metric tonnes of Grade 1 milled white rice by November 30, 2026.
The High Court in Kisumu has ordered the government to disclose detailed records on its controversial duty-free rice importation programme within seven days after rice farmers challenged the policy over alleged lack of transparency and public participation.
Justice Alfred Mabeya issued the orders after certifying as urgent a petition filed by the Ahero Rice Farmers Association challenging the implementation of Gazette Notice No. 10061 of July 6, 2026, which authorised the duty-free importation of up to 490,000 metric tonnes of Grade 1 milled white rice by November 30, 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 (KNTC) as respondents.
In his ruling, Justice Mabeya directed the respondents to file and serve a comprehensive response, together with all documents relating to the implementation of the importation programme, within seven days.
“The respondents shall, within seven (7) days, file and serve a comprehensive response together with all documents relevant to the implementation of Gazette Notice No. 10061 of 6 July 2026,” the judge ordered.
The court further directed the government to disclose the complete list of approved importers, the quantities allocated to each importer, the 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 import quotas.
The State was also ordered to 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 economic impact assessments that informed the decision to allow the imports.
The matter will be mentioned on July 20, 2026, for further directions after the respondents have filed their responses.
In its petition, the Ahero Rice Farmers Association stresses that it is not seeking to suspend the government’s rice importation programme but wants the scheme implemented transparently and in compliance with constitutional principles.
The association argues that a programme involving substantial tax waivers and conferring significant commercial benefits on private importers must be administered openly, accountably and within constitutional limits.
“The applicants do not seek to stop the importation programme but seek transparency and accountability in its implementation, including disclosure of the beneficiaries and the basis upon which the import quotas were allocated,” the court documents state.
According to the farmers, rice growers from Ahero, Mwea, Bunyala, West Kano, Tana Delta, Hola, Bura and other rice-producing regions were never consulted before the Gazette Notice was issued, despite the programme having a direct impact on their livelihoods.
They contend that unrestricted duty-free imports risk depressing farm-gate prices, reducing demand for locally produced rice and causing significant financial losses to farmers who have already invested heavily in land preparation, irrigation, seed, fertiliser, labour, harvesting and milling.
The petitioners further argue that public disclosure of the import allocations and continuous monitoring of the quota would enable farmers, taxpayers and the public to verify that the programme remains within the authorised 490,000-metric-tonne limit and complies with the constitutional principles of transparency, accountability and public participation.
The farmers are also seeking disclosure of the production data, food security assessments and market deficit analyses relied upon by the government in determining the need for the 490,000-metric-tonne duty-free import quota, arguing that previous duty-free import programmes have adversely affected domestic rice producers by depressing local market prices.
