A local rice trader has taken the State to court over a gazette notice that allows the importation of 500,000 tonnes of rice duty-free, arguing that the move sidelines local producers and favours a single State-appointed importer.
Frankline Ojiambo has filed a petition at the High Court in Mombasa challenging the directive, which permits duty-free imports from July 28 to December 31.
He contends that the decision was made without proper public participation and that consultations only involved the Kenya National Trading Corporation (KNTC), the sole designated importer.
“No parliamentary deliberations were conducted, the process was opaque and exclusionary,” he says.
Ojiambo is seeking a declaration that the gazette notice is unconstitutional and wants it quashed.
The trader is also asking the court to prevent KPA from clearing, handling, or releasing any rice imported under the notice until the case is heard and determined.
He argues that the directive unfairly discriminates against local farmers and traders by giving KNTC exclusive duty-free status, creating an uneven market, and undermining competition.
“The decision to grant duty-free status exclusively to the sixth respondent (KNTC) without extending similar treatment to other importers or producers constitutes unjustified economic discrimination,” he says.
Ojiambo further claims that the gazette notice does not improve food security but instead destabilises the local rice market, discourages production, and threatens long-term food availability.
He argues that the duty waiver was issued without legal backing, fiscal oversight, or transparent selection of KNTC.
According to him, the notice appears aimed at controlling the price of Grade 1 rice rather than responding to any emergency.
He adds that if price regulation were the intent, the proper approach would be through the Price Control (Essential Commodities) Act, which allows a Cabinet Secretary to declare goods essential and set maximum prices via gazette notice.
“The blanket application for the gazette notice across the country is unjustified; local production and duties imports have not faced any impediments to availability in most towns. The alleged price shocks are not uniform or substantiated,” the petition states.
Ojiambo says the directive has already led to falling prices, reduced demand, and uncertainty for future planting, creating a market surplus that undermines the value of locally grown rice.
He is also seeking an order to compel the government to carry out proper stakeholder consultations and public participation before issuing any similar directives in the future, as well as a permanent restraining order against implementing the current notice without adhering to constitutional and legal requirements.
