By Andrew Kariuki
The Environment and Land Court sitting in Voi has nullified a government tender to lease a 15,000 acre livestock quarantine station in Taita Taveta County, terming the process unconstitutional and contrary to the principles of devolution.
Delivering judgment on October 23, 2025, Justice Edward Wabwoto ruled that the Ministry of Agriculture and Livestock Development had overstepped its mandate by initiating the lease without involving the county government, thereby undermining devolved governance.
The tender, advertised in July 2024, sought to lease the Bachuma Livestock Export Quarantine Station to a private investor for 30 years for livestock management, development and export operations.
However, the Taita Taveta County Government, through lawyer Maingi Musyimi, challenged the move, arguing that livestock management and animal husbandry fall squarely under county functions as outlined in the Fourth Schedule of the Constitution. The county further accused the national government of bypassing public participation and disregarding constitutional consultation requirements.
In its defence, the Attorney General and the Cabinet Secretary for Agriculture maintained that the facility was a strategic national asset vital to Kenya’s export trade and veterinary certification system. They argued that the lease process complied with procurement laws and did not require public participation at that stage.
Justice Wabwoto rejected those arguments, holding that the lease violated the principle of subsidiarity, which requires that functions be executed at the most immediate and effective level of government. He further noted that the state had failed to engage the county or facilitate public input as required under Articles 10, 174, 186 and 187 of the Constitution and Section 87 of the County Governments Act.
“The national government’s role remains policy formulation. Implementation must, however, be undertaken by county governments,” the judge stated.
While declining to compel the transfer of the land to the county, the court issued declarations declaring the tender unconstitutional, null, and void, and granted orders of certiorari and inhibition halting any further implementation of the lease.
The ruling is expected to set a major precedent on how the national and county governments share authority over agricultural and land management functions.
