High Court lifts sugarcane harvesting ban, citing farmers’ economic rights 

KENYA – The High Court has suspended a directive by the Kenya Sugar Board (KSB) that halted sugarcane harvesting and milling activities in the western region, granting farmers the right to resume sales of mature cane to processors. 

The ruling, issued on July 18 by Justice William Musyoka, follows a petition filed by affected farmers who challenged the KSB’s July 11 directive, which had ordered a three-month suspension of milling operations due to what the board described as a shortage of mature cane. 

Justice Musyoka ruled that the suspension infringed on farmers’ contractual and economic rights.  

The court also granted the applicants permission to seek conservatory orders stopping the implementation of the directive, enabling them to continue with harvesting and selling their cane to designated millers. 

“That leave is granted to the ex parte Applicants to apply for an order of mandamus compelling the Kenya Sugar Board to allow and facilitate the harvesting and sale of the Applicant’s mature sugarcane to the designated milling company,” the court stated. 

Additionally, the court allowed the farmers to apply for an order of prohibition to prevent the KSB from interfering with their existing contracts and economic activities related to sugarcane farming. 

Farmers argued that the directive would result in substantial financial losses, as mature cane would rot in the fields. They also expressed concern that the board’s action may have been aimed at creating an artificial sugar shortage, potentially opening the door for increased sugar imports. 

“We expect the KSB to comply with the court order and millers also to immediately resume harvesting our mature canes,” said one of the petitioners. 

Others warned that the suspension would force them into breach of supply agreements with milling companies. They told the court that the board’s decision was made without consultation and termed it as arbitrary. 

“…Applicants seek to challenge the impugned decision on the basis that it is arbitrary having been arrived at without the input or consultation of the farmers within the affected region,” they argued in court filings. 

Following the court’s decision, farmers proposed that their representatives be included in the leadership of the sugar board to ensure future decisions reflect their interests. 

KSB CEO Jude Chesire had earlier defended the directive, saying some farmers had resorted to harvesting immature cane due to poor planning.  

He added that the suspension would allow cane to mature and enable better supply planning, with a census planned within two months to assess field readiness.

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