May 20, 2024
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The High Court has temporarily suspended the decision by the Kenya government to contract Zambian farmers to grow maize for exclusive exportation to Kenya.

High Judge Mugure Thande issued the order stopping Agriculture Cabinet Secretary Mithika Linturi to move on with the implementation of the Memorandum of Understanding (MoU) between Kenya and
Zambia to produce maize in Zambia for export to Kenya.

Justice Thande issued the orders in a petition where Farmers Party of Kenya moved to the High Court and filed a case against the government over its decision to contract Zambian farmers to carry out large scale cultivation of maize for export to Kenya.

Under the Certificate of Urgency filed on Wed, April 12, 2023, the party avers that the decision by the government to contract Zambian farmers was “unreasonable, irrational, and illegal and in gross violation of the Constitution of Kenya.” Through their Lawyer Chege & Sang Co Advocates, Farmers Party, led by Irungu Nyakera argued that the decision where the two governments are supposed to enter into a contractual agreement where Zambia farmers would grow maize solely for export to Kenya is tantamount to admission of dereliction of duty by CS Linturi and by extension the government of the Republic of Kenya to support and provide enabling infrastructure for Kenyan farmers to produce food locally.

“After considering the principles for grant of conservatory orders at the exparte stage, I find that the orders sought in application are merited. Accordingly, I do grant prayers 2 of the application,” ordered Justice Thande.

The judge also ordered the matter to come up for mention on May 16, 2023.

The petition names Attorney General of Kenya Justin Muturi and CS Linturi as first and second respondents respectively.

The party which has been on the frontline agitating for the interest farmers in the country argues in the petitioner that it is illogical for the Kenya government to engage the Zambia to produce Maize for Kenya whilst Zambia is struggling with a similar challenge and in fact importing maize to satisfy the demands of its citizenry.

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