By Kelly Were
In a landmark verdict that solidifies the boundaries of devolved governance, the Environment and Land Court in Voi has nullified the national government’s tender for a 30-year lease of the expansive Bachuma Livestock Quarantine Station.
Judge E. K. Mabwoto, in a judgement delivered on 23rd October 2025, found the process unconstitutional, declaring it a violation of the Taita Taveta County Government’s functional authority.
The legal dispute centred on Tender No. MOALD/SDA/BLQS/IT/01/2024/2025, which the Ministry of Agriculture and Livestock Development advertised in July 2024.
The tender sought a private entity to manage the 15,000-acre facility, also known as Bachuma LMD Farm, for livestock screening and shipment. The County Government of Taita Taveta swiftly challenged the move, initiating a constitutional petition.
The county, represented by Maingi Musyimi Advocate, argued that the national government’s actions constituted a blatant encroachment on its powers. The petitioner asserted that animal husbandry and livestock management are functions explicitly devolved to county governments under the Fourth Schedule of the Constitution.
It contended that proceeding with a multi-decade lease without any consultation or public participation was a severe threat to the devolution framework. The county also highlighted its existing use of part of the land for a livestock breeding initiative that provides employment to locals.
The national government respondents, comprising the Cabinet Secretary for Agriculture and the Attorney General, defended the tender. Their legal representative, Counsel Ms Mwanaszumba, argued that the Bachuma facility was critical for international livestock trade and veterinary certification for exports, functions she described as falling squarely under the national government’s mandate.
She maintained that the land had historically been reserved for the national Veterinary Department and that the procurement process, governed by the Public Procurement and Asset Disposal Act, was both lawful and transparent. “Public participation was not required at the tender stage,” Ms Mwanaszumba argued, characterising the county’s objections as an afterthought.
In a meticulous analysis, Judge Mabwoto rejected the national government’s defence. The court underscored the foundational principle of subsidiarity, which dictates that functions affecting local inhabitants are presumed to be the responsibility of county governments.
The judge elaborated that the national government’s role in agriculture is primarily strategic, while execution rests with the counties. “The National Government only bears a ‘policy’ function which for all intents and purposes is implemented by the County Governments,” Judge Mabwoto stated, directly referencing the Supreme Court’s precedent in the Institute for Social Accountability case.
The court found that the respondents had acted unilaterally, bypassing the constitutional imperative for cooperation between levels of government. The judgement held that the tender process, initiated without involving the Taita Taveta County Government or conducting meaningful public engagement, violated Articles 10, 174, 186, and 187 of the Constitution, as well as Section 87 of the County Governments Act.
While the petition succeeded on its primary grounds, the court declined to grant the county’s request for an order of mandamus to compel the unconditional transfer of the farm. It ruled that the petitioner had not provided evidence of having previously engaged the National Land Commission, the third respondent, on the matter of transfer.
Ultimately, the court issued a declaration that the tender was unconstitutional, null, and void. It also issued an order of inhibition to restrain the Ministry from implementing the tender and an order of certiorari to quash it entirely.
Reflecting the complex nature of the dispute, Judge Mabwoto ordered each party to bear its own costs. The decision stands as a significant judicial affirmation of county governments’ functional autonomy under Kenya’s devolved system of governance.
