The Law Society of Kenya (LSK) has filed a case at the High Court seeking a ban on importation of edible oils.
The case certified as urgent, argues that the importation of the 125,000 metric tonnes of edible oils will lead to mass job losses locally.
"The 125,000 MT of cooking fat/edible oils being imported into the Kenya market are not relief goods, for emergency use in specific areas where natural disaster/calamity has occurred in Kenya. The duty-free importation into the Kenyan market will drive edible oil manufacturers in Kenya out of business," court documents read in part.
At the same time, LSK has accused the government of ignoring the provisions of the Price Control (Essential Commodities) Act No.26 of 2011 which permits it [government] to control, stabilise or regulate the prices of essential commodities in order to secure their availability at favourable prices.
"The move takes away the elements of fairness, reasonableness, neutrality and proportionality in taxation, since the duty-free importation only applies to the Kenya National Trading Corporation which has compounded the illegality by procuring the importation of the product into Kenya in secrecy, without floating any international tender," LSK said.
The Society also faults the government for taking administrative actions and decisions without consulting or involving the local edible oil manufacturers in Kenya, who it says they have requisite capacity to supply the product locally.
"The respondents have not demonstrated that the country lacks edible oil, or that manufacturers are unable to meet the demand for edible oil in Kenya," LSK added.
The Government had however stated that the importation aimed at price stabilisation of the commodity.
The Attorney General, the Principal Secretary in the Ministry of Trade, Investment and Industry and the National Treasury have been named as first, second and third respondents respectively.
The case will be mentioned on June, 20, 2023 before Justice John Chigiti.
