NAIROBI, Kenya, Oct 7 — The High Court has ruled that the sale of substandard fertiliser to farmers under the 2024 National Fertilizer Subsidy Programme violated their constitutional consumer rights.

📻 Breaking It Down

Justice Gregory Mutai also declared unlawful the failure by Agriculture Cabinet Secretary to constitute the Fertilizer and Animal Foodstuffs Board of Kenya as required by law.

In a judgment delivered at the Milimani High Court on Tuesday, Justice Mutai said the sale of the substandard fertiliser was no longer seriously in dispute, having been established by the respondents’ own documents.

“The sale of substandard fertilizer to farmers under the National Fertilizer Subsidy Programme is no longer seriously in dispute; it is established by the Respondents’ own documents,” the judge said.

📌 What You Need to Know

The case was filed by the Law Society of Kenya (LSK), which challenged the procurement and implementation of the subsidy programme following complaints over fertiliser supplied to farmers during the 2024 long rains.

The court found that the NPK 10:26:10 fertiliser sold through National Cereals and Produce Board (NCPB) depots did not conform to its declared composition or the applicable KS EAS 912:2019 standard.

Justice Mutai found that farmers who purchased the subsidised fertiliser were consumers protected under Article 46 of the Constitution.

“The farmers who bought subsidized fertiliser at the 4th Respondent’s depots were consumers,” the judge said, noting that they paid for the product and that it was offered by a public entity.

The judge noted the fertiliser “was not of reasonable quality” and had fallen short of both the composition declared on the bag and the specification in the tender.

The court further found that all the Kelgreen NPK 10:26:10 sold had been confirmed in writing as unfit for distribution.

📰 Source: Capital FM Kenya