Court Clears Import of 250,000 Tonnes of Duty-Free Rice

The High Court in Kerugoya has given the government the go-ahead to partially implement a gazette notice on duty-free rice imports, despite opposition from local farmers.

The notice, issued on July 28 by Agriculture CS Mutahi Kagwe, had authorized the importation of 500,000 metric tonnes of grade one milled white rice by December 31.

However, rice farmers and local leaders strongly opposed the move, arguing that their stores were still full of unsold stock, especially from the Mwea Irrigation Scheme, the country’s largest producer.

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Through the Farmers Party, the growers went to court seeking to halt the imports until their produce was cleared from the market. On August 11, Justice Edward Muriithi temporarily suspended the notice, but on Tuesday, he partially lifted the orders, allowing restricted imports.

The judge ruled that the government could import up to 250,000 tonnes of duty-free rice within a three-month window ending October 31, 2025. He said the phased imports would help prevent a collapse in farm prices while ensuring food security.

“The approach must balance farmers’ optimism for a strong harvest with the government’s responsibility to avoid shortages,” Justice Muriithi said.

The orders are subject to monitoring, with the government required to file a compliance report at the end of the import window on October 31.

Respondents — including the National Treasury, Ministry of Agriculture, Kenya National Trading Corporation, and Customs — must also update the court on the mop-up of farmers’ stocks and the actual rice deficit by November 11, when the case will be mentioned.

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Government officials defended the imports, arguing that local production of 264,000 tonnes meets only 20% of Kenya’s annual demand of 1.3 million tonnes. They warned that failing to plug the gap could trigger shortages and soaring prices.

Mwea Rice Growers, however, say repeated duty-free imports have left them with unsold grain, undermining their livelihoods. Chairperson Muriuki Ndege said the society still had 5,000 tonnes in storage from last year’s glut.

Governor Anne Waiguru echoed the concerns, lamenting that farmers were sitting on unsold rice worth over Sh500 million.

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