The Nairobi High Court has overturned restrictions that had barred the importation of 125,000 metric tons of duty-free edible oils.
Judge John Chigiti ruled that the court’s jurisdiction was not properly invoked.
“The chambers application dated 17 April 2023 is hereby struck out for lack of jurisdiction, and all consequential orders are discharged,” he ruled.
The Law Society of Kenya (LSK) filed a judicial challenge to the government’s decision to import duty-free edible oils, claiming that constitutional procedures were not followed.
However, the state opposed to the case, claiming that court rulings prohibiting the importation of edible oils are detrimental to people, whom the government intends to protect from the hard economic situation caused by the country’s protracted drought.
The state also claimed that the shipment comprised rice, wheat, and beans, in addition to cooking oil.
The court lifted the injunction stating that the petitioners failed to show the source of the departmental circular papers on which they relied.
During a hearing in August, the state informed the court that if the orders are not overturned, it will lose Ksh.17 billion in the following six months.
