The High Court in Nairobi has temporarily stopped the government's plan to contract Zambian large scale farmers to grow maize for exclusive exportation to Kenya.
Judge Mugure Thande temporarily barred the Ministry of Agriculture from implementing a Memorandum of Understanding (MoU) requiring Zambia to produce maize for Kenya.
The judge issued the order following a request by the Farmers Party of Kenya, which wants the deal quashed.
The party applied for the interim orders on grounds that the decision to contract Zambian farmers to carry out large-scale cultivation of maize for export to Kenya was unreasonable, irrational, illegal and in gross violation of the Kenyan Constitution.
"After considering the principles for grant of conservatory orders at the ex-parte stage, I find that the orders sought in the application are merited," said the judge.
The court order bars Agriculture Cabinet Secretary Mithika Linturi from taking steps towards the implementation of the MoU that he signed last month with his Zambian counterpart Mtolo Phiri.
The MoU allowed the cultivation of maize on a large scale for the Kenyan market, in what was seen as an intervention by the government to curb long term food insecurity.
But the Farmers Party, which is led by former Principal Secretary Irungu Nyakera, argues in the lawsuit that the government should support local Kenyan farmers to produce high quality and high quantity food because agriculture is the backbone of the Kenyan economy.
"The petitioner believes the decision to contract Zambia farmers is tantamount to admission of dereliction of duty by the ministry and, by extension, the government, to support and provide enabling infrastructure for Kenyan farmers to produce food locally," reads the court papers.
The party further said the lawsuit raises important matters of public interest touching on ordinary Kenyan farmers and the economy.
"It is illogical for the respondents to engage the Republic of Zambia to produce maize for Kenya whilst the same is struggling with a similar challenge and is, in fact, importing maize to satisfy the demands of its citizenry," said the Farmers Party.
On Tuesday, the Zambian government announced a maize shortage that it said was threatening its food security.
Dr Situmbeko Musokotwane, in an interview with Nation.Africa on the side-lines of the World Bank and International Monetary Fund Spring Meetings in Washington DC, said Zambia will instead be importing maize to supplement shortfalls occasioned by a poor harvest last season.
Dr Musokotwane, Zambia's Finance minister, was non-committal on the plan announced by CS Linturi to plant maize in Zambia for the Kenyan market.
He said he was yet to be fully briefed by his Agriculture colleague, Mtolo Phiri.
