The High Court in Kisumu has ordered the government to publicly disclose details of its controversial duty-free rice importation programme, requiring key State agencies to explain how the scheme is being implemented.
High Court, Justice Alfred Mabeya issued the directive after certifying as urgent a petition filed by the Ahero Rice Farmers Association, which is challenging the transparency and accountability 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 respondents.
The court directed the respondents to file their responses immediately and scheduled the matter for mention on July 20 for further directions.
Pending the hearing, Justice Mabeya ordered the National Treasury, the Ministry of Agriculture, AFA and KRA to file and serve comprehensive records relating to the duty-free importation programme, which permits the importation of up to 490,000 metric tonnes of Grade 1 milled white rice by November 30, 2026.
The agencies have been ordered to disclose the full list of approved importers, the quantities allocated to each importer, the volumes already imported and cleared, customs entry numbers for every consignment, all duty exemptions granted, import permits and approvals issued, as well as the criteria used in allocating the import quotas.
The court further directed the agencies to reveal the remaining balance of the 490,000 metric tonne quota and provide Cabinet memoranda, policy papers, stakeholder consultation reports, records of public participation and any economic impact assessments that informed the decision to establish the programme.
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In its petition, the Ahero Rice Farmers Association clarified that it is not seeking to halt the government’s rice importation initiative. Instead, the association argues that a programme involving significant tax exemptions and commercial benefits for private importers must be administered transparently, accountably and in accordance with the Constitution.
The farmers contend that rice growers from Ahero, Mwea, Bunyala, West Kano and other rice-producing regions were not consulted before the Gazette Notice was issued, despite the programme’s potential impact on their livelihoods.
The farmers stated that unrestricted duty-free rice imports could lower farm-gate prices, reduce demand for locally produced rice and expose farmers to substantial financial losses after significant investments in land preparation, irrigation, seed, fertiliser, labour, harvesting and milling.
The petition argues that public disclosure of import allocations and continuous monitoring of the quota would enable farmers, taxpayers and the public to verify that the programme remains within the approved 490,000-metric-tonne limit while upholding the constitutional principles of transparency, accountability and public participation.
By Obegi Malack
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