By Andrew Mbuva.
In a landmark ruling, the Milimani High Court has directed the immediate release and customs clearance of all pending and incoming shipments of duty-free Grade 1 milled white rice, placing national food security and the constitutional right to adequate food at the center of government action.
The orders, issued on January 20, 2026, come after a petition by Victor Okoth Onunga against the Cabinet Secretaries for the National Treasury and Economic Planning, and for Agriculture, Livestock and Fisheries, alongside three other state agencies. The petitioner accused the government of actions that risked exacerbating hunger, food shortages, and the ongoing cost-of-living crisis.
Justice Bahati Mwamuye, MBS, emphasized that the matter raises serious constitutional questions under Article 43(1)(c) of the Constitution, which guarantees every Kenyan the right to be free from hunger and to have access to adequate, quality food. In his preliminary findings, Justice Mwamuye noted that the case touches on critical issues such as national food security, drought response, and famine mitigation—areas that cannot be delayed by bureaucratic processes.
The court issued mandatory conservatory orders compelling the 5th Respondent and its officers, agents, and associated entities to immediately secure the clearing, release, and customs entry of all qualifying rice shipments imported under Kenya Gazette Notice No. 10353 of 2025 and Kenya Gazette Notice No. 262 of 2026. These orders apply only to consignments that have met inspection, quality, and food safety standards.
In a second directive, the court instructed all respondents to fully apply the tax and levy exemptions outlined in the gazette notices. This move ends the uncertainty that had left importers facing unexpected charges despite government assurances of duty-free importation. The ruling effectively prohibits selective or inconsistent enforcement by state agencies.
Legal experts have described the decision as a strong signal that food security is a constitutional obligation, not merely a policy matter. The ruling is expected to unlock thousands of tonnes of rice currently held at ports, particularly in Mombasa, easing pressure on domestic markets where prices have risen sharply in recent months.
The court set strict deadlines for compliance: the petitioner must serve all respondents with the application and court order by January 21, 2026; government agencies must respond by January 30; and the petitioner may file a rejoinder by February 6. The matter will be mentioned on February 11 to confirm compliance and guide an expedited hearing.
The High Court also issued a stern penal notice, warning that any failure to comply would attract sanctions against responsible officials. The ruling underscores the judiciary’s willingness to enforce constitutional rights, even against administrative delays, at a time when millions of households remain vulnerable to food insecurity.
As government agencies move to comply, importers, traders, and consumers will be closely watching to see whether the rice finally reaches the market and whether prices begin to stabilize. For now, the court has made it clear: when it comes to food, delays are not just administrative lapses—they are constitutional violations.
