The High Court has suspended a decision by the government to import 125,000 metric tonnes of edible oil.
The government approved the decision in November last year in a bid to stabilize prices after a prolonged drought that led to a shortage of household supplies and higher food prices.
In issuing the order, Justice John Chigiti said there is a need to prevent further implementation of the decision until the legality of the government’s administrative action and decision is established.
The administrative action was to facilitate the importation of duty-free products, including edible oil for a period of one year from January 2023.
The judge said the government’s argument that the challenged administrative action and decision was already implemented is not correct, “as the same is of a continuing nature and can only be considered as partly implemented or better yet not fully implemented and therefore the court can still issue stay orders”.
The Law Society of Kenya filed the case in court challenging the administrative actions and decisions of the respondents of approving and facilitating the duty-free importation and clearance of products into the Kenyan market, in particular, edible oil.
It sued the Attorney General, PS Trade, PS Treasury and the Commissioner for Customs and Border Control (Respondents).
LSK’s case was that the respondents’ administrative decision of approving and facilitating the duty-free importation and clearance of products into the Kenyan market disregarded the constitution and rule of law.
It said the action was illegal as it bypassed lawful procedure in approval of tax exemption and waivers.
CS Treasury Njuguna Ndung’u was opposed to the case.
He filed a response arguing that the action and decision were based on the fact that the country was experiencing a prolonged drought.
The decisions and actions, he said, were meant to alleviate famine and the high cost of food, as a result of the stated prolonged drought.
He maintained that their actions were within the Constitution.
Justice John Chigiti directed the matter to be mentioned on July 26 for further directions.
