By ADEN KIPRUTO |
@trbnreporter
The government has defended its plan to import 500,000 tonnes of Grade One milled white rice duty-free, warning the High Court that blocking the imports could worsen Kenya’s deepening food crisis.
Attorney General Dorcas Oduor and Agriculture Cabinet Secretary Mutahi Kagwe urged Justice Edward Muriithi to decline conservatory orders halting the imports, arguing that the country’s rice supply is structurally deficient, with domestic production meeting less than 20 per cent of annual demand.
“Blocking these imports now would have immediate and severe consequences for millions of Kenyans,” government lawyer Samuel Kaumba told the court. “Domestic production cannot meet demand, and existing stocks are insufficient to stabilise prices.”
The government warned that halting the imports could trigger sharp price increases, disproportionately hurting low-income households, particularly those in informal settlements and drought-affected counties.
“If rice becomes unaffordable, households shift to maize, which in turn pushes up maize prices,” Kaumba said, warning of a ripple effect across staple foods.
Court filings show that between January and June 2026, Kenya will require about 750,000 metric tonnes of rice, yet domestic output for the period is projected at just 110,000 metric tonnes. Official data indicates the rice deficit is worsening due to erratic rainfall and reduced water availability in key irrigation schemes, including Mwea, Ahero and Bunyala.
Kaumba said failed and delayed rains in rain-fed areas have wiped out entire planting seasons, increased production costs and constrained output. Citing the Ministry of Agriculture’s Contingency Emergency Response Action Plan 2025, he projected a rice deficit of 381,225 metric tonnes by the end of January 2026.
“These supply gaps are unfolding against a backdrop of worsening food insecurity,” Kaumba told the court.
CS Kagwe said local stockpiles cannot meet national demand. Since 2020, the Kenya National Trading Corporation (KNTC) has purchased rice from various schemes for redistribution to public institutions, but even full absorption of these stocks would leave a significant shortfall.
“The court is being asked to weigh competing interests,” Kaumba said. “On one side are commercial concerns; on the other are the livelihoods, dignity and survival of millions of Kenyans.”
By November 2025, an estimated 1.8 million people in Arid and Semi-Arid Land (ASAL) counties were already experiencing acute food insecurity. Without timely intervention, the government warned that the number could rise to 3.5 million people.
The government is seeking approval for controlled, time-bound duty-free imports to bridge the supply gap. However, the plan is being challenged by Kirinyaga Senator James Kamau Murango and Baragwi Ward MCA David Mathenge, who are contesting Gazette Notice No. 10353 of July 28, 2025, which authorised the imports.
The petitioners accuse the National Treasury and the Agriculture ministry of bypassing public participation, violating farmers’ property rights and acting outside the East African Community Customs Management Act.
Their lawyer, Andrew Muge, argued that the state’s interventions must progressively realise the socio-economic rights of farmers, particularly those in Mwea.
Muge dismissed the government’s reliance on projections, arguing that there was a mismatch between figures on paper and conditions on the ground. “If a shortage of that magnitude existed, the country itself would be testimony,” he said.
The Attorney General and CS Kagwe also defended the so-called mop-up exercise, a programme designed to purchase locally produced rice before imports enter the market. Lawyer Theuri, representing the Agriculture and Food Authority (AFA), said most rice farmers in Mwea are independent producers who were excluded from the exercise.
Government lawyers countered that market indicators already show rising prices in Mwea and maintained that the voluntary mop-up exercise was intended to shield farmers from unfair competition.
The AG warned that failure to allow imports could fuel inflation across other staples, including maize, beans, wheat and sugar.
Justice Muriithi reserved his ruling on whether to halt the rice importation plan to January 29, 2026, at 2:30 pm, a decision expected to have far-reaching implications for food prices, household welfare and Kenya’s food security outlook.
