The High Court has temporarily suspended the decision of the Kenyan government to contract Zambian farmers for the exclusive exportation of maize to Kenya.

Justice Mugure Thande issued an order prohibiting Agriculture Cabinet Secretary Mithika Linturi from proceeding with the implementation of the Memorandum of Understanding (MoU) between Kenya and Zambia to cultivate maize in Zambia for export to Kenya.

The court issued the order following a petition by the Irungu Nyakera-led Farmers Party of Kenya, which argued that the government's decision was unconstitutional, unreasonable, and in gross violation of Kenya's Constitution.

"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 ordered.


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The petition, which names Attorney General Justin Muturi and CS Linturi as first and second respondents respectively, alleges that the decision to contract Zambian farmers reveals a dereliction of duty by the Kenyan government to support and provide an enabling infrastructure for Kenyan farmers to produce food locally.

This comes amid a maize shortage in Zambia which has forced the country to import maize to supply its demand.

The court scheduled the matter for mention on May 16, 2023.