Justice Edward Muriithi Recuses Himself from Rice Importation Case Over Bias Concerns

Justice Edward Muriithi of Kerugoya High Court has voluntarily recused himself from presiding over the case challenging the government's duty-free importation of 490,000 metric tonnes of Grade One milled white rice. This move aims to uphold the integrity of the judicial process amid allegations of bias.

The dispute centers on a National Treasury Gazette Notice dated July 6, 2026, which authorized the duty-free importation of rice until November 30, 2026. Kirinyaga Senator Kamau Murango filed a petition opposing the imports, citing concerns that flooding the market would depress prices and harm local farmers’ livelihoods.

Following the petition, the court issued interim orders on July 22 halting the imports. The government sought to dismiss or transfer the case, but these efforts were denied, and the interim orders extended.

On August 13, the Attorney-General, supported by Agriculture Cabinet Secretary Mutahi Kagwe, requested Justice Muriithi’s recusal, alleging favoritism toward the petitioner. However, Justice Muriithi found no evidence of actual bias or conflict of interest, stating:

• "No actual bias is proved by any personal interest of the judge in the subject matter or by actual favouritism of one party against the other."
• "The interim orders were necessary to prevent irreversible consequences should the petition succeed."

He acknowledged the case involves competing constitutional interests, including farmers’ property rights, food security, and import license holders’ rights. To avoid any perception of partiality, he directed the case be reassigned to another judge.

This case forms part of a larger legal contest over successive duty-free rice import schemes, with similar petitions filed against previous Gazette Notices from July 2025 and January 2026.