Gavel
The High Court in Mombasa has issued interim orders restraining the Agriculture and Food Authority (AFA) from issuing, reallocating, or purporting to allocate the 250,000 metric tonnes rice importation quota to private individuals or entities outside the lawful tender process conducted by the Kenya National Trading Corporation (KNTC).
The case arises from the government’s plan to import 250,000 metric tonnes of rice, a process initially conducted by the KNTC through a tender following a gazette notice and a High Court ruling delivered on 19 August 2025.
The Petition was filed by Ibrahim Muhumed Mohamed and Abdiaziz Moge Noor against the Agriculture and Food Authority (AFA), in a dispute over the allocation of a massive rice importation quota.
"AFA, whether by itself, its agents, servants, or assigns, is hereby restrained from issuing, reallocating, or otherwise purporting to allocate the 250,000 MT rice importation quota to any private individuals or entities outside of the lawful tender process conducted by KNTC pursuant to Gazette Notice No. 10353 of 28th July 2025 and the Court ruling of 19th August 2025," Justice Jairus Ngaah ruled.
The court also suspended AFA’s decision of 10 September 2025 that revoked KNTC’s allocation, and suspended KNTC’s own notice of 17 September 2025, cancelling Tender No. KNTC/TENDER/IMPORT/003/2025-2026 and awards made on 9 September 2025.
According to the petitioners, AFA acted outside the law when it purported to revoke the allocation made to KNTC by its letter dated 10 September 2025, and to reallocate or otherwise interfere with the quota contrary to the court’s earlier ruling.
They moved to court under a certificate of urgency on 22 September 2025, seeking conservatory orders to preserve the substratum of their petition, arguing that the actions of AFA and KNTC risked frustrating lawful procurement and undermining public interest.
Justice Ngaah certified the matter urgent and directed that the petition and application be served by 24 September 2025, with respondents and interested parties required to file responses within seven days and the applicants to file their submissions within seven days of receiving those responses.
These orders will remain in force pending the hearing of the application or until further orders of the court.
The matter has been fixed for mention on 23 October 2025 for further directions.
