Kenyans have won a major reprieve after the High Court ruled that the 10% import duty on crude palm oil imposed by the government is unconstitutional.
Court finds duty unlawful from the outset
Justice Bahati Mwamuye on Thursday declared the tariff null and void, saying the state violated constitutional requirements by failing to seek parliamentary approval and conduct public participation.
“The decision of the Government of Kenya to stay the application of the zero percent rate of import duty on crude palm oil and apply a rate of 10% is unconstitutional, null, and void,” the judge ruled.
He cited breaches of Articles 10, 201 and 209 of the Constitution as well as the Statutory Instruments Act.
Consumers hit hard by price surge
The duty, introduced through an East African Community Gazette Notice in June 2024, replaced Kenya’s previous zero-rated status and aligned the country with the Common External Tariff applied by other member states including Uganda, Tanzania and Rwanda.
Consumer Federation of Kenya, the petitioner, presented evidence showing cooking oil prices rose sharply after the tariff took effect. A litre that retailed at around KSh250 jumped to as high as KSh360 in cities such as Nairobi and Mombasa.
Regional obligations do not override local law
Justice Mwamuye emphasised that even when acting under East African Community frameworks, the government must follow domestic constitutional processes.
“Constitutional requirements of parliamentary approval and public participation are not empty formalities,” he said, adding that they allow democratic scrutiny of policies with major socioeconomic impact.
The judge noted that bypassing these steps denied citizens a say on a measure that directly affected their right to food and dignity.
Future tax changes must involve public
The court prohibited the government and its agencies from enforcing the June 2024 Gazette Notice and ordered that any future changes to taxation under the Common External Tariff must go through public participation and parliamentary scrutiny.
Although the petitioner argued the duty violated several consumer rights, the judge said procedural violations alone were enough to invalidate the decision.
Relief for households and industry
Edible oil manufacturers who had petitioned Treasury in August 2024 welcomed the ruling, predicting price stabilisation once imports return to zero-duty status.
Consumer advocates hailed the judgement as a victory for accountability and inclusive governance.
The government is yet to comment but may appeal the decision.
