High Court defers Kenya Sugar Board election case as farmers challenge zoning framework 

KENYA – The Kakamega High Court has deferred to March 19 the hearing of a petition challenging the election of Kenya Sugar Board (KSB) directors, a case that has highlighted growing tensions within the sugar industry over representation and control. 

The petition was filed under a certificate of urgency by Malava Sub-county cane grower Boniface Masinde, who is seeking orders to halt the planned elections until the matter is heard inter partes.  

Masinde argues that the zoning framework adopted by the sugar industry regulator unfairly excludes Malava, one of the largest cane-growing areas in the region, from having its own representative on the board. 

Presiding over the matter, Justice Stephen Mbugi postponed the hearing after granting an application by advocate Millicent Muyoka to have farmers formally enjoined in the proceedings as interested parties.  

The court was told that the case had initially proceeded without the direct participation of farmers, despite them being the primary stakeholders in the sugar sector. 

Masinde is challenging the zoning framework under the new Sugar Act, which was assented into law by President William Ruto in 2024. He told the court that the delimitation of board boundaries is unfair and unconstitutional, particularly the failure to allocate Malava its own electoral zone. 

He argued that the current zoning disenfranchises farmers from Malava and undermines the principle of equitable representation, warning that allowing the elections to proceed would lock out a major sugar-producing area from meaningful participation in sector governance. 

In his directions, Justice Mbugi ordered all parties to file and exchange submissions within seven days following the joinder of farmers’ representatives.  

“The court is persuaded that farmers, being the primary stakeholders in the sugar sector, ought to be heard in this matter,” the judge ruled as he set the next mention date. 

Outside the court precincts, farmers welcomed the decision to involve their representatives but appealed for urgent intervention to prevent further delays in the election of KSB directors. They called on President Ruto to ensure the board is constituted in line with the law. 

Kilion Osur, Secretary-General of the Kenya National Federation of Sugar Cane Farmers (KNFSF), warned that the continued absence of directors was harming farmers. “In the absence of KSB directors, farmers will continue to suffer because there is no one to champion their interests at the national level,” Osur said. 

He added that farmers had high expectations following the enactment of the new Sugar Act but cautioned that prolonged uncertainty would worsen their situation.  

“Farmers were destined for good things if they have directors in place, but this confusion will only worsen their plight,” he said, urging President Ruto to “come out and help farmers from this quagmire.” 

Osur also warned that continued delays could expose local farmers to cheap sugar imports following the lapse of the COMESA safeguards period. 

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