The High court has issued an order stopping the government from leasing the five public sector-owned sugar factories to private companies.

Justice Chacha Mwita halted breaks to the government intentions to lease the sugar companies by stopping the tendering process  following a suit filed challenging the said move.

“An interim conservatory order is hereby granted halting the tendering process under the International Tender Notice No. MOALD/SDA/IT/001/2023-2024,” read the order by the Judge.

The Ministry of Agriculture and Crops Development put up Nzoia Sugar Company, South Nyanza Sugar Company, Chemelil Sugar Company, Muhoroni Sugar Company (in receivership) and Miwani Sugar Company (in receivership) for the lease that will run for 20 years.

However an activist has moved to court to challenge the said move by the government saying  it was done abruptly without any consultation with the members of the public through public participation.

Martin Nyongesa Barasa who has sued the Treasury CS and PS, Agriculture PS  and the Attorney General  argues that  that the public ought to have been consulted in the decision-making process of deciding whether or not to lease public sector-owned/controlled sugar companies.

According to him, all sovereign power belongs to the People of Kenya and should be exercised in accordance to the constitution where public participation is an essential national value and principle of public procurement.

Through lawyer Kennedy Echesa Lubengu, he  also argues that the court already issued interim orders staying implementation of Section 21 of the Privatization Act, which provides that, ‘The Commission shall have the exclusive authority to manage and implement the privatization programme.’

“With the said orders in place, no form of privatization by whatever name can be commenced under the said section 21 of the Privatization Act and thereby the Respondents have completely disregarded the said orders and are at an advanced stage of privatization of the sugar companies,” he argues in court documents.

It is his case that the time limits given are also unreasonably short and defeat the purpose of tendering, transparency, equity and fair process, while no meaningful opportunity to comment on or contribute to the idea of the intended lease was accorded to the public.

According to him, actions by the government officials are whimsical, irrational, illegal and contravene the the citizens’ of Kenya right to legitimate expectation, public participation and fair administrative action.

Justicice Chacha Mwita directed the case to be heard on April 19.