The case arises from the government’s plan to import 250,000 metric tonnes of rice.

KENYA – The High Court in Mombasa has issued interim orders restraining the Agriculture and Food Authority (AFA) from issuing, reallocating, or purporting to allocate a 250,000 metric tonne rice importation quota to private entities outside the tender process overseen by the Kenya National Trading Corporation (KNTC).

The case stems from the government’s plan to import 250,000 MT of rice, a process initiated by KNTC following a gazette notice and a High Court ruling on 19 August 2025. The petition was filed by Ibrahim Muhumed Mohamed and Abdiaziz Moge Noor, who challenged AFA’s actions in reallocating the quota.

“AFA, whether by itself, its agents, servants, or assigns, is hereby restrained from issuing, reallocating, or otherwise purporting to allocate the 250,000 MT rice importation quota to any private individuals or entities outside of the lawful tender process conducted by KNTC pursuant to Gazette Notice No. 10353 of 28th July 2025 and the Court ruling of 19th August 2025,” Justice Jairus Ngaah ruled.

The court also suspended two key decisions: AFA’s 10 September 2025 directive revoking KNTC’s allocation, and KNTC’s 17 September 2025 notice cancelling Tender No. KNTC/TENDER/IMPORT/003/2025-2026 and the awards made on 9 September 2025.

According to the petitioners, AFA acted outside the law when it attempted to revoke KNTC’s allocation and interfere with the quota, contrary to the earlier court ruling. They moved to court under a certificate of urgency on 22 September 2025, arguing that the actions by AFA and KNTC risked frustrating lawful procurement processes and undermining public interest in food security.

Justice Ngaah certified the matter as urgent and directed that the petition and application be served by 24 September 2025. Respondents and interested parties were ordered to file responses within seven days, with the applicants required to submit their replies within seven days of receiving them.

The conservatory orders will remain in force until the hearing of the application or until further directions are issued. The matter has been scheduled for mention on 23 October 2025.

The ruling underscores ongoing disputes over the government’s rice importation plan, a sensitive issue given Kenya’s reliance on imports to bridge the gap between domestic production and consumer demand.

Published Date: October 1, 2025