High Court finds 2024 subsidised fertiliser sale violated farmers’ rights
The court found NPK 10:26:10 fertiliser sold through NCPB did not conform to its declared composition or the applicable KS EAS 912:2019 standard.
The High Court in Kenya ruled on October 7 that the sale of substandard fertiliser under the 2024 National Fertilizer Subsidy Programme violated farmers' constitutional consumer rights. Justice Gregory Mutai also declared unlawful the Agriculture Cabinet Secretary's failure to establish the Fertilizer and Animal Foodstuffs Board of Kenya as required by law.
The substandard NPK 10:26:10 fertiliser sold through National Cereals and Produce Board depots did not meet its declared composition or the applicable standard. The court found that farmers who purchased the fertiliser were consumers protected by Article 46 of the Constitution, as they paid for the product and it was offered by a public entity.
Justice Mutai ruled that the affected farmers' rights under Article 46(1)(a) and (c) had been violated due to the poor quality of the fertiliser and the failure to deliver on its promise. The court rejected the Law Society of Kenya's argument that NCPB had no mandate to procure and distribute subsidised fertiliser. No blanket compensation was ordered, but affected farmers could pursue individual claims.
The judgment on the constitutional issues does not determine the criminal responsibility of those charged in the related criminal proceedings.
Written by urgent.news from Capital FM Kenya's reporting — not their text. Machine-written — may contain errors; check the original before relying on it.
