High Court set to rule on fate of duty-free rice imports in landmark case

The High Court in Kirinyaga is set to deliver a ruling on January 29, 2026, on a decision that could shape the country’s food policy, influence household budgets and redefine how the government responds to perceived threats to food security.

This comes after Gazette Notice No. 10353 of July 28, 2025, which authorized the importation of rice on a duty-free basis, was stopped by the court.

The decision was challenged in court, with petitioners questioning both the existence of the alleged shortfall and the process through which the policy was adopted.

According to lawyer Andrew Muge, who appeared for the petitioners, the justification for duty-free imports is not supported by realities on the ground.

He maintains that if Kenya was facing a genuine rice shortage, its effects would already be evident in markets through empty shelves, panic buying, a sharp price spike or even street protests, none of which has materialized to warrant flooding the market with imports.

Lawyers who appeared on behalf of the government, including former LSK chair Eric Theuri, however, say the Gazette Notice is a lawful and prudent exercise of executive authority.

They argue that the state has a constitutional obligation to safeguard food security and protect consumers from potential shocks, even when those shocks have not yet fully materialized, noting that waiting until shortages trigger public unrest or severe price spikes is not prudent.