The High Court in Nairobi has lifted orders that suspended the importation of 125,000 metric tons of cheap edible oils.
Judge John Chigiti ruled that the jurisdiction of the court was not properly invoked.
“The application chambers dated 17 April 2023 is hereby struck out for lack of jurisdiction and all consequential orders are discharged,” he ruled.
The Law Society of Kenya (LSK) moved to court to challenge the decision by government to import duty free edible oils, saying that constitutional procedure were not followed.
However the state objected to the case saying that orders issued by the court against importation of the edible oils are injurious to citizens who the government wishes to cushion against the harsh economic environment caused by the ongoing draught in the country.
The state further argued that the importation was not limited to cooking oil, but also included rice, wheat and beans.
The court in lifting the orders said that the petitioners failed to demonstrate the source of documents of the departmental circular that they relied on.
During a hearing in August, the state told the court that it is at risk of losing Ksh.17 billion in the next 6 months if the court does not set aside the orders.
