Kenya: High Court Suspends Exclusive Macadamia Nut Export Rights Pending Case Determination
The High Court has issued a suspension on the Kenyan government’s decision to grant exclusive export rights for raw macadamia nuts to nine dealers, following a case filed by a farmer, Joseph Ndung’u. The suspension was granted pending the determination of Ndung’u’s case challenging the legality of granting exclusive rights to unlicensed dealers for exporting in-shell macadamia nuts within nine days after the lifting of the ban.
Justice John Chigiti granted the suspension after Ndung’u argued that the exclusion of over 41 other dealers from the exclusive export rights amounted to discrimination. The farmer pointed out that only two of the nine dealers granted exclusive rights were licensed dealers of macadamia.
The judge’s decision allows for a stay on the government’s decision and directs Ndung’u to serve the court documents on the Agriculture Cabinet Secretary, Attorney General, and the licensed firms involved.
The controversy arose when Agriculture Cabinet Secretary Mithika Linturi lifted the ban on the exportation of in-shell macadamia nuts to address price issues. The decision granted exclusive export rights to nine companies for a period of 90 days, while excluding other licensed dealers and processors in the macadamia industry.
Ndung’u’s case argues that the exclusion of legitimate and duly licensed dealers and processors violates the principles of public participation and is contrary to the Agriculture & Food Authority Act. The farmer highlighted the need for competitive selection criteria and fair participation of stakeholders in such decisions.
The case will be mentioned again on October 17 for parties involved to receive a judgment date. The suspension underscores the importance of transparent and fair practices in granting exclusive export rights and the necessity of involving stakeholders in such decisions.
Opinion: The High Court’s decision to suspend the exclusive export rights for macadamia nuts reflects the significance of upholding transparency, fairness, and inclusive decision-making in agricultural policies. This case highlights the need for governments to ensure that such decisions are made in accordance with established legal frameworks and inclusive consultation with industry stakeholders. The suspension underscores the role of the judiciary in safeguarding the rights of individuals and preventing discriminatory practices in the agricultural sector. It also sends a signal that decisions affecting key industries should be based on fair competition and open participation, ultimately contributing to the growth and sustainability of the sector.
BDA