Duty-free rice imports capped at 250,000 tonnes after landmark court ruling

The High Court in Kerugoya has allowed the government to proceed with duty-free rice imports, but under tighter conditions than originally proposed.

In a ruling delivered on August 19, 2025, Justice Edward M. Muriithi upheld the legality of Kenya Gazette Notice No. 10353, which had authorised the importation of 500,000 metric tonnes of Grade 1 rice. However, the court capped the import at 250,000 metric tonnes and shortened the import period.

Under the revised terms, only 250,000 metric tonnes of rice may be imported duty-free, and the window for importation has been reduced to October 31, 2025, instead of the initial six-month period.

The decision follows a petition challenging the Gazette Notice, with the petitioner arguing that the move was unconstitutional, lacked public participation, and posed a threat to local rice farmers. The petitioner warned that flooding the market with imported rice could depress prices and destabilise domestic production.

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In response, the Ministries of Treasury and Agriculture, representing the State, defended the import plan, citing Kenya’s limited rice production capacity. They noted that the country produces only 20 percent of its annual rice demand and argued that imports were necessary to mitigate food shortages, contain inflation, and avert a looming food crisis.

Justice Muriithi acknowledged the urgency of addressing food security but emphasised the need to protect local producers from market shocks. He recommended a phased importation strategy and directed authorities to monitor domestic harvests and pricing trends closely.

To ensure accountability, the court ordered the respondents to submit a progress report by November 3, 2025, detailing current production levels, the status of farmers’ stocks, and the actual market deficit. Further directions will be issued on the same date.

The petition is set to proceed to a full hearing as stakeholders are calling for more inclusive policymaking and stronger safeguards for local producers.

By Masaki Enock

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