Court orders immediate release of duty-free rice imports

In directions issued on January 20, 2026, the Milimani High Court instructed state agencies to clear rice imports that had been held up at ports and border points, cautioning that any failure to comply would attract punitive action.

The decision stems from a petition filed by Victor Okoth Onunga against the Cabinet Secretaries for the National Treasury and for Agriculture, alongside three other government bodies.

He argued that delays in releasing duty-free rice risk aggravating hunger, tightening food supplies and worsening the cost-of-living pressures facing households.

Justice Bahati Mwamuye ruled that the dispute raises weighty constitutional concerns under Article 43(1)(c), which safeguards the right of every Kenyan to adequate food and freedom from hunger.

In his initial assessment, the judge observed that the issues before the court touch directly on food security, drought intervention and famine prevention, areas that require urgent action and should not be stalled by administrative hurdles.

The court consequently issued binding conservatory directives requiring the fifth respondent, together with its officials, agents and related entities, to facilitate the immediate processing and clearance of all qualifying rice imports brought in under the government’s duty-free programme.

These directives cover consignments imported or expected to arrive under Kenya Gazette Notice No. 10353 of 2025 and Kenya Gazette Notice No. 262 of 2026, on condition that the shipments satisfy inspection, quality and food safety requirements.

In a further order, the court directed all respondents to honour the tax and levy waivers provided for in the two gazette notices. The move seeks to resolve confusion that had left importers facing unexpected charges despite official assurances that the rice would enter the country duty-free.

The judge made it clear that the exemptions must be applied uniformly to all eligible importers and consignments, effectively curbing inconsistent or selective application by government agencies.

The ruling is expected to release thousands of tonnes of rice currently stuck at ports, especially in Mombasa, and help stabilise local markets that have seen prices climb in recent months.

The decision comes at a time of mounting concern over food affordability, with rice increasingly relied upon by both urban and rural households. Prolonged clearance delays had fuelled fears of shortages and further price increases, particularly as drought and erratic weather continue to undermine domestic production.