The High Court has issued far-reaching orders compelling the immediate release and customs clearance of all pending and incoming shipments of duty-free Grade 1 milled white rice, in a landmark ruling that places national food security and the right to food at the centre of government action.
In orders issued on January 20, 2026, the Milimani High Court directed government agencies to unblock rice imports that had been delayed at ports and entry points, warning that any disobedience of the court order would attract penal consequences.
The ruling follows a petition filed by Victor Okoth Onunga against the Cabinet Secretary for the National Treasury and Economic Planning, the Cabinet Secretary for Agriculture, Livestock and Fisheries, and three other state agencies, accusing them of actions that risk worsening hunger, food shortages, and the cost-of-living crisis.
Justice Bahati Mwamuye, MBS, sitting in chambers, found that the matter raises serious constitutional questions touching on Article 43(1)(c) of the Constitution, which guarantees every Kenyan the right to be free from hunger and to have adequate food of acceptable quality.
In his preliminary findings, the judge noted that both the application and the main petition relate to national food security, drought response, and famine mitigation, matters that cannot be delayed by bureaucratic processes.
The court therefore issued conservatory orders of a mandatory nature, compelling the 5th Respondent and all its officers, agents, and associated entities to immediately secure the clearing, release, and customs entry of all qualifying rice shipments imported under the government’s duty-free window.
The orders apply to rice imported or scheduled to be imported under Kenya Gazette Notice No. 10353 of 2025 and Kenya Gazette Notice No. 262 of 2026, provided the consignments have met inspection, quality, and food safety standards.
In a second major directive, the court ordered all respondents to fully apply the tax and levy exemptions provided under the two Gazette Notices, ending uncertainty that had seen importers stuck with unexpected charges despite government assurances of duty-free importation.
The judge ordered that the exemptions must be applied to all qualifying shipments and importers who meet the conditions set out in the gazette notices, effectively stopping any selective or inconsistent enforcement by state agencies.
The ruling is expected to unlock thousands of tonnes of rice currently held at ports, particularly in Mombasa, and ease pressure on domestic markets where prices have risen sharply in recent months.
The court decision comes amid growing concern over food affordability, with rice increasingly becoming a staple for urban and rural households alike. Delays in releasing imports had raised fears of shortages and price spikes, especially as drought and erratic weather continue to affect local production.
Legal experts say the ruling sends a strong message that food security is not merely a policy issue but a constitutional duty that courts are willing to enforce through direct orders.
The court has set strict deadlines for the next steps in the case:
- The petitioner must serve all respondents with the application, petition, and court order by January 21, 2026
- Government agencies must file their responses by January 30, 2026
- The petitioner may file a rejoinder by February 6, 2026
- The matter will be mentioned on February 11, 2026 to confirm compliance and issue directions for an expedited hearing
In a strongly worded penal notice, the court warned that any failure to comply with the orders will result in sanctions against the responsible officials, a move likely to put immediate pressure on port authorities, customs officials, and other agencies involved in food imports.
The case is shaping up to be a defining moment in Kenya’s food security governance, testing whether state agencies can align administrative actions with constitutional obligations, especially at a time when millions of households remain vulnerable to hunger.
As the government races to comply with the court’s orders, importers, millers, traders, and consumers alike will be watching closely to see whether the rice finally flows into the market — and whether prices begin to ease.
For now, the High Court has drawn a clear line: when it comes to food, delays are not just administrative failures — they are constitutional violations.