The High Court in Kerugoya will deliver its judgment on a case challenging the planned privatisation of Mwea Rice Mills Limited on January 20, 2027, setting the stage for a major decision that could affect thousands of rice farmers in Kirinyaga County.
Justice Joyce Gandani set the judgment date on Tuesday after all parties concluded their submissions in the case, which was filed in 2023 by two Mwea rice farmers, John Munene Jecinta and Pius Njogu Kathuri.
The farmers moved to court after the government included Mwea Rice Mills in its 2023 Privatisation Programme, which targets state-owned enterprises for privatisation.
The petitioners, who are members of the Mwea Rice Growers Multipurpose Co-operative Society Limited, are represented by lawyer Kahiga Kiguru.
The government plans to privatise 11 state-owned enterprises as part of efforts to reduce the financial burden on the national Treasury.
It argues that some state-run companies are costly to maintain and that private investors could bring in capital, modern equipment and better management to improve their performance.
Mwea Rice Mills has a shareholding structure in which the government holds 55 per cent through the National Irrigation Authority, while farmers own the remaining 45 per cent through the Mwea Rice Growers Multipurpose Co-operative Society.
The petitioners argue that the decision to privatise the mill was made without meaningful public participation, particularly from the farmers who depend on it for their livelihoods.
They told the court that the government had scheduled a public participation meeting at Nyeri Polytechnic in Nyeri County on December 11, 2023, instead of holding it in Kirinyaga County, where most of the rice farmers are based.
According to the farmers, limiting the exercise to four hours in Nyeri made it difficult for thousands of affected farmers to participate effectively.
They argued that the process denied them a fair opportunity to express their views on a decision that could affect their interests in the mill.
In their application, the petitioners also challenged the constitutionality of the guidelines, framework and criteria used to select Mwea Rice Mills for privatisation. They cited Articles 10(2), 27, 35, 40, 47(1) and (2), and 96 of the Constitution, arguing that the process violated constitutional principles and rights.
On December 1, 2023, Justice R. Mwongo certified the matter as urgent and issued directions requiring the petitioners to serve the application on the respondents by midday on December 4, 2023. The respondents were directed to file their responses by the close of business on December 6, 2023.
The farmers also sought conservatory orders to suspend the implementation of the Privatisation Act, which provides the legal framework for the 2023 Privatisation Programme, pending the hearing and determination of their petition.
Following the announcement of the judgment date, farmers expressed hope that the court would address their concerns and determine the future of the mill, which they say is important to the Mwea rice-growing community.
Nathan Kariuki, one of the farmers, said rice growers from across the Mwea Irrigation Scheme would attend court on January 20 to hear the outcome.
“We will be here on that day to hear whether the mill will be privatised, because we have a share of 45 per cent,” Kariuki said.
The farmers also raised wider concerns affecting rice production in the scheme, including damage to crops by quelea birds, snail infestations, rice imports arriving before locally grown rice is sold and the poor condition of on-farm roads.
Kariuki further called on fellow farmers to consider legal action over the collection of water charges through the eCitizen platform, arguing that the money could help address the poor state of roads within the irrigation scheme.
He said farmers continued to face challenges that required urgent attention, adding that elected leaders should focus on finding solutions instead of engaging in political disputes.
Mary Wagatwe, a farmer from the Thiba section of the scheme, echoed the concerns, saying farmers needed greater support from their elected representatives.
The January 2027 judgment is expected to determine the outcome of the farmers’ legal challenge to the planned privatisation of Mwea Rice Mills, with the decision likely to be closely watched by rice growers whose interests are tied to the mill.
