High Court Orders Immediate Release of Duty-Free Rice

The Milimani High Court has issued a mandatory interim order compelling government agencies to immediately release and clear all pending and incoming shipments of duty-free Grade 1 milled white rice.

The ruling, delivered on January 20, 2026, by Justice Bahati Mwamuye, places the constitutional right to be free from hunger at the center of a legal battle over the country’s food supply.

“THIS MATTER coming up on 20/01/2025 in Chambers for directions on the Petitioner/Applicant’s Notice of Motion Application dated 19/01/2026 before the Honourable Mr. Justice Bahati Mwamuye MBS, and upon a preliminary consideration of the same, and having noted that the Application and Petition both concern National Food Security and Drought/Famine Mitigation touching on the Article 43(1)(c) constitutional right to be free from hunger and to have adequate food of an acceptable quality,” Court document read.

Also Read: Court Rules ANC–UDA Merger Unconstitutional

The Petitioner’s Case

The order follows a petition filed by Victor Okoth Onunga against the Cabinet Secretaries for the National Treasury and Agriculture, among others.

The petitioner argued that bureaucratic delays in releasing the duty-free rice were aggravating hunger and worsening the cost-of-living crisis for Kenyan households.

“Pending the inter partes hearing and determination of the Petitioner/Applicant’s Notice of Motion Application dated 19/01/2026, a conservatory order be and is hereby issued like an interim mandatory order compelling the 5th Respondent, by itself and also its officers, servants, agents, and associated entities to immediately secure the clearing, release, and customs entry into Kenya of all pending and incoming shipments of Grade 1 milled white rice that have been imported or are to be imported into Kenya under the duty-free exemption and importation window granted pursuant to Kenya Gazette Notice No. 10353 of 2025 and/or Kenya Gazette Notice No. 262 of 2026; provided that the shipments have met Kenya’s inspection and certification requirements with respect to origin, quality, and being fit for human consumption and all other applicable laws or standards,” Court document read.

Also Read: Major Nairobi Highway Closed Following Fuel Tanker Explosion

What’s Next?

The Nairobi court has set a strict timeline for the case:

• January 30, 2026: Deadline for the government to file and serve its responses.
• February 11, 2026: A mention to confirm compliance and take directions for an expedited hearing.

The ruling is expected to unlock thousands of tonnes of rice currently stuck at the Port of Mombasa, potentially easing market prices that have climbed sharply in recent months.

“The Petitioner shall have leave to file and serve a rejoinder, if need be, and it shall do so by close of business 06/02/2026,” the court document read.

It further read, “Mention on 11/02/2026 to confirm compliance and to take directions on the expedited hearing and determination of the Application and/or Petition.”

Follow our WhatsApp Channel for Instant News Updates

The Image Depicts a Legal Eetting, Featuring a Wooden Gavel and a Scale of Justice in the Foreground, with a Row of Law Books in the Background. PHOTO/ Courtesy