Confusion as courts issue conflicting orders on duty-free rice imports

Conflicting High Court orders issued in Nairobi and Kerugoya over the clearance of 500,000 tonnes of duty-free rice at the Port of Mombasa have thrown the import process into confusion.

On one hand, Nairobi High Court Judge Bahati Mwamuye ordered the Kenya Revenue Authority (KRA) to immediately release the rice into the country. On the other hand, the High Court in Kerugoya froze the clearance of the same consignment until next week.

In his ruling, Justice Mwamuye directed KRA to facilitate the immediate release and customs entry of all rice imported under the duty-free exemption window.

“Pending the inter partes hearing and determination of the petitioner’s Notice of Motion Application dated January 19, 2026, a conservatory order be and is hereby issued in the nature of an interim mandatory order compelling the fifth respondent… to immediately secure the clearing, release, and customs entry into Kenya of all pending and incoming shipments of Grade 1 milled white rice,” Justice Mwamuye ruled.

The order arose from a case filed by Victor Okoth against the National Treasury Cabinet Secretary, the Ministry of Agriculture, and KRA.

However, the ruling directly contradicted an earlier order by Kerugoya High Court Judge Edward Muriithi, who last Friday directed KRA not to clear any rice imported under the same window and to detain consignments already in the country until January 29, 2026.

Justice Muriithi was not the first judge to issue restraining orders over the rice imports. In October last year, Milimani High Court Judge Chacha Mwita—now a Court of Appeal judge nominee—had also  barred the government from importing the rice following a petition filed by Japheth Kirui.

During those proceedings, the Attorney General, Kenya Bureau of Standards, and the Agriculture Cabinet Secretary informed the court that at least five similar cases had been filed in Mombasa, Kisumu, Milimani Commercial Court, and Kerugoya.

Justice Mwita subsequently ordered Kirui to appear in person. When questioned about the case, Kirui—who said he sells household items at a kiosk in Embakasi—was unable to explain his knowledge of the matter.

AG’s lawyer Henry Kaumba told the court that Kirui was allegedly being used as a proxy.

“It is doubtful whether the petitioner knows about the case and what transpired… It is unfortunate,” said Kaumba.

In court filings, Kaumba disclosed that 250,000 tonnes of rice had already been shipped, with more still at sea, and questioned why the petition was filed 78 days after the gazette notice was published.

Senior lawyer Eric Theuri, representing the Agriculture Food Authority (AFA), urged the court to strike out the case, arguing it was a proxy petition abusing constitutional provisions.

Kirui’s lawyer, Aggrey Kenyatta, defended the petition, saying the Constitution allowed any person to file a case and that the matter raised issues of national importance. However, Justice Mwita struck out the case.

Meanwhile, in Kerugoya, the Farmers Party had earlier sued Treasury CS John Mbadi, the Attorney General, and KRA, arguing that duty-free imports would harm rice farmers in Mwea and Kirinyaga with unsold stocks. Before the court could rule on extending the orders, the party withdrew the case.

MPs Wang’uru Murango and Kamau were later substituted as petitioners, arguing that their constituents would suffer losses if the rice was cleared. Justice Muriithi allowed them to proceed and subsequently ordered KRA to detain the rice and halt further imports.

Murango later accused the government of attempting to defeat the court process by amending the gazette notice on December 25, while KRA maintained that the earlier notice had expired.

Barely days later, Victor Okoth Onunga filed a fresh case at the Constitutional Court in Nairobi. Through lawyer Omar Faruk, Okoth sued Mbadi, Agriculture CS Mutahi Kagwe, the Ministry of Public Service, the Attorney General, and KRA.

He argued that the duty-free rice imports were intended to cushion Kenyans against drought and food shortages, particularly in ASAL regions.

“The report warns that without decisive executive action in the next few weeks, the situation risks escalation into emergency-level humanitarian conditions in multiple ASAL counties,” he claimed.

Okoth accused the government and KRA of failing to clear the rice within stipulated timelines, alleging that the delays had caused price volatility, uncertainty during peak demand, and hardship for consumers.