The High Court in Nairobi has dismissed a petition challenging the government's decision to lease Nzoia Sugar Company and other state-owned sugar mills.
Justice Lawrence Mugambi of the Milimani Law Courts ruled that the matter had already been conclusively decided in a previous case.
He said that the petition filed by Wafula Wamunyinyi through the law firm of Wamalwa and Echesa Advocates was “res judicata.”
This means the matter had already been heard and determined in a previous case, and could not be litigated again.
The petition, dated March 20, 2025, contested an international tender notice issued on February 28, 2025 by the Ministry of Agriculture inviting bids for leasing publicly owned sugar companies.
The petitioners claimed the process lacked public participation and transparency, which they argued violated Articles 10, 201, and 227 of the Constitution.
However, the court found that similar arguments had already been raised and settled in Petition No. E065 of 2024, filed by Martin Nyongesa Barasa.
In that case, the court determined there was adequate public participation, including consultations with parliamentary committees and stakeholder engagement.
Justice Mugambi emphasised that the issues in both petitions were identical, save for the financial years the tenders were issued.
He noted that “repackaging” the same complaint with minor changes, such as a new tender number or a different petitioner, amounted to an abuse of court process.
“This finding is sufficient to dispose of this Petition without any further consideration of any other issue. At this juncture I cannot proceed any further, I must down my tools,” ruled Justice Mugambi.
Although the petitioner and cited legal provisions differed slightly, the court determined that both suits challenged the same leasing process and were based on the same tender subject matter—the international leasing of publicly owned sugar companies, including Nzoia Sugar.
Justice Mugambi emphasized that the core grievance in both petitions centered on alleged lack of public participation. However, he reiterated that this issue had been “a done and dusted deal” following a comprehensive determination in the 2024 ruling by Justice E.C. Mwita, which found that adequate public participation had been conducted.
“The respondents demonstrated through documentary evidence that there was stakeholder engagement and the National Assembly approved leasing of the sugar companies,” the judge cited from the earlier judgment.
The judge also ruled that the court lacked jurisdiction to entertain the matter in the first instance.
He said the Public Procurement and Asset Disposal Act, along with the Public Private Partnerships Act, provide adequate mechanisms to address such grievances.
The ruling comes after the State Law Office and the Ministry of Agriculture raised preliminary objections, arguing that the petition should be struck out for failing to exhaust available legal remedies.
Three interested parties also joined the suit, reinforcing the position that the petition was both premature and repetitive.
The court agreed that disputes related to public tenders must first be addressed through administrative bodies such as the Public Procurement Regulatory Authority and the Public Procurement Administrative Review Board.
It also found no merit in the petitioner’s claim that constitutional issues exempted them from following these procedures.
The petitioner's argument that the matter was new because it involved a different financial year was rejected.
The court ruled that the core issue – public participation in the leasing of Nzoia Sugar Company – had already been settled.
The judge added that public interest litigation must be conducted responsibly, especially when it involves questions that have already been answered by the court.
“There must be finality in litigation,” he said.
As a result, the court dismissed the petition with costs, marking another legal win for the government’s sugar sector reforms.
