Ruto Handed Blow By Kenya Kwanza Party In Push To Lower Unga Prices

The ruling was made following a petition filed by Kenya Kwanza coalition-affiliated The Farmers Party headed by Irungu Nyakera that challenged the deal.

Ruto Handed Blow By Kenya Kwanza Party In Push To Lower Unga Prices
Deputy President Rigathi Gachagua with President William Ruto eat roasted maize during the launch of the Hustler Fund at the Green Park Terminus in December 2022. /THE STAR

The High Court on Friday, April 14 temporarily suspended the decision by President William Ruto's government to contract Zambian farmers to grow maize for exclusive exportation to Kenya.

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

The ruling was made following a petition filed by Kenya Kwanza coalition-affiliated The Farmers Party headed by Irungu Nyakera that challenged the deal.

Agriculture CS Mithika Linturi during his vetting on October 21, 2022. /FILE

"That after considering the principles for grant of conservatory orders at the exparte stage, I find that the orders sought in the Application are merited. Accordingly, I do grant prayer 2 of the Application," Thande ruled.

The court further directed that parties in the case be served by April 19, 2023, and the responses to the case be served by May 3, 2023. The case will be mentioned on May 16, 2023.

The Farmers Party sued both CS Linturi and Attorney General Justin Muturi, accusing Linturi in particular of unreasonable, irrational, unlawful, and gross violation of the Constitution of Kenya by engaging Zambia to grow maize for export to Kenya.

Nyakera argued that the decision where the two governments were supposed to enter into a contractual agreement where Zambia farmers would grow maize solely for export to Kenya was tantamount to an 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.

The party also argued that it was illogical for Kenya to engage Zambia to produce maize as the country was facing a similar shortage which forced its government to lift subsidies on imported maize. They alleged Zambia is also importing maize to satisfy the demands of its citizens.

"The impugned decision is not only indiscreet but unfeasible for reasons that Kenya has more arable land than Zambia," the party said, adding that Kenya has approximately 5.8 million hectares and Zambia 3.8 million hectares of arable land.

On March 6, CS Linturi met his Zambian counterpart Mtolo Phiri and signed MoU that was expected to realise food and nutrition security in Kenya and bring down the price of unga.

"Based on the projections he shared with us, the farmers will be able to achieve the objective of bringing down the cost of unga because clearly, they got it right and there is something to learn from them," Linturi stated.

The maize from Zambia was to be sold in Kenya at a lower price than that offered by traders. The new turn of events thus puts a dent in President Ruto's push to lower the cost of unga, which was among the main promises he made to Kenyans.

Linturi had noted on Tuesday, January 3, that he would ensure that the cost of unga goes down by end of February 2023, noting that the government would start importing maize and rice, the two staple foods in Kenya to ensure that there is enough of the commodities to save Kenyans from dying of hunger during the dry season.

Speaking during a joint interview with journalists at his private Karen residence on Sunday, March 12, Deputy President Rigathi Gachagua alleged a global shortage of maize that is preventing the government from importing cheap, duty-free maize into the country.

Maize flour being sold at a supermarket. /MARVIN CHEGE.VIRALTEAKE