{
  "id": 12814940,
  "title": "High Court upholds LSK challenge over National Fertiliser Subsidy Programme",
  "url": "https://urgent.news/2026/10/08/high-court-upholds-lsk-challenge-over-national-fertiliser-subsidy",
  "topic": "world",
  "section": "World",
  "published": "2026-10-08T06:46:57.000Z",
  "source": {
    "name": "Capital FM Kenya",
    "slug": "capital-fm-kenya",
    "url": "https://capitalfm.africa/high-court-upholds-lsk-challenge-over-national-fertiliser-subsidy-programme/"
  },
  "original_language": "en",
  "account": "Nairobi, Kenya - The High Court's recent ruling upholding the legal challenge against the National Fertiliser Subsidy Programme has been welcomed by former Law Society of Kenya President Faith Odhiambo, hailed as a victory for the rule of law. The judgment, delivered on October 6, addressed two key issues: the failure of the government to establish the Fertilizer and Animal Foodstuffs Board and the alleged violation of farmers' consumer rights by the National Cereals and Produce Board (NCPB) through the sale of non-conforming fertiliser.\n\nOdhiambo emphasized that the court rejected objections to its jurisdiction, arguing that the existence of criminal proceedings regarding the fertiliser scandal does not absolve the State of its constitutional responsibilities. She stressed that statutory duties cannot be circumvented through restructuring plans or administrative arrangements, and that the Executive remains bound by the law, open to constitutional scrutiny for failing to act.\n\nThe ruling confirmed that consumer protections apply to the quality of goods supplied to farmers, irrespective of the outcome of any criminal proceedings. NCPB's duty to provide fertiliser of reasonable quality was deemed independent of establishing fault or proving criminal intent. Odhiambo referenced Article 46 of the Constitution, which outlines consumer protection safeguards, stating that farmers do not need to wait for a criminal conviction to hold the State accountable for rights violations.\n\nHowever, the judgment did not provide compensation or a timeline for the establishment of the Fertilizer and Animal Foodstuffs Board. Odhiambo urged the government to fulfill its statutory obligations and encouraged affected farmers to pursue well-documented claims. She underscored that public authorities have enforceable duties and that compliance with the law is non-negotiable.\n\nThe case stemmed from concerns over the supply of substandard fertiliser under the government's subsidy programme, leading to investigations and criminal proceedings. The High Court's decision is anticipated to fuel further discussions on government accountability, consumer protection, and the regulatory oversight of agricultural inputs.",
  "summary": "According to Odhiambo, the court affirmed that the existence of a criminal prosecution does not relieve the State of its constitutional obligations.",
  "key_points": [],
  "editors_take": null,
  "illustration": null,
  "coverage": {
    "outlets": 3,
    "also_reported_by": [
      {
        "outlet": "The Indian Express",
        "title": "‘Clean South Mumbai doesn’t mean clean Mumbai’: Bombay High Court’s reality check for BMC",
        "url": "https://urgent.news/2026/10/08/clean-south-mumbai-doesnt-mean-clean-mumbai-bombay-high-courts",
        "published": "2026-10-08T05:57:06.000Z"
      },
      {
        "outlet": "New Straits Times",
        "title": "Court upholds babysitter's five-year jail term for abusing toddler",
        "url": "https://urgent.news/2026/10/08/court-upholds-babysitters-five-year-jail-term-for-abusing-toddler",
        "published": "2026-10-08T07:30:35.000Z"
      }
    ]
  },
  "ai_generated": true,
  "disclaimer": "Summaries, key points and the editor’s take are written by software from other outlets’ reporting and may contain errors — always check the linked original."
}