The High Court sitting in Kerugoya has ruled that the government can proceed with the duty-free importation of rice, but only under strict limits.
In a ruling delivered by Justice Edward M. Muriithi on 19th August 2025, the court allowed the implementation of Kenya Gazette Notice No. 10353, which had authorised duty-free importation of 500,000 metric tonnes of Grade 1 rice.
However, the court reduced the allowable importation to 250,000 metric tonnes and restricted the importation window to 31st October 2025 instead of the six months initially provided.
A petitioner filed a case against duty-free rice, arguing it was unconstitutional, discriminatory, and lacking public participation, citing concerns about price drops and the impact on domestic rice producers’ livelihoods.
On the other hand, the State, through the Ministries of Treasury and Agriculture, defended the Gazette Notice, arguing that Kenya only produces about 20 percent of its rice needs and that imports were necessary to avert food shortages, inflation, and a possible food crisis.
Moreover, the court emphasised the importance of protecting farmers from market shocks and ensuring national food security, suggesting phased importation and close monitoring of local harvests and prices.
The court has ordered respondents to submit a progress report by November 3rd, 2025, detailing local production, farmers’ stock replenishment, and actual deficit, with further instructions due on the same day.
The petition will proceed to a full hearing.
By Mutai Kipngetich
