High Court rules sale of substandard fertilizer violated farmers’ rights
Originally published by Citizen Digital — Read the original article →
The High Court has ruled that the sale of substandard NPK
fertilizer to farmers under the National Fertilizer Subsidy Programme violated
their constitutional rights.
In a judgment issued on Wednesday, the court also found that
the failure by the Cabinet Secretary responsible for agriculture to constitute
the Fertilizer and Animal Foodstuffs Board of Kenya was unlawful and inconsistent
with the Constitution.
“It has also established that the sale to farmers by the
4th Respondent of fertilizer that did not conform to the declared specification
and the applicable standard violated the farmers’ rights under Article 46(1)(a)
and Declarations to that effect are the appropriate relief. The prayer for
compensation cannot be granted,” court noted.
