By Robert Mutasi 
A High Court ruling declaring the distribution of substandard fertiliser to Kenyan farmers unlawful has renewed concerns over the safety of agricultural inputs reaching farmers in Uasin Gishu County.
Justice Gregory Mutai found that fertiliser supplied under the 2024 National Fertiliser Subsidy Programme failed to meet its declared composition and applicable quality standards, violating farmers’ constitutional consumer rights.
The court also faulted the Agriculture Ministry for failing to constitute the Fertiliser and Animal Foodstuffs Board as required by law.
The ruling comes against the backdrop of intensified efforts by security agencies in Uasin Gishu to stop the circulation of counterfeit and adulterated fertiliser.
In July, detectives recovered about 4,124 bags of suspected counterfeit and adulterated fertiliser during operations in Moiben and Soy sub-counties. Police said some of the recovered fertiliser included about 550 bags believed to have been diverted from the government subsidy programme, while another operation in Kabenes yielded about 3,500 bags of suspected counterfeit fertiliser.
An Eldoret court later allowed police to detain five suspects for five days as investigators pursued laboratory analysis of the recovered fertiliser and traced other people believed to be linked to the alleged repackaging network.
The latest High Court judgment has added a wider legal dimension to the concerns facing farmers in the North Rift, where subsidised fertiliser remains a key input for maize and other crops.
The government distributes subsidised fertiliser through National Cereals and Produce Board depots, including the Eldoret depot in Uasin Gishu. County authorities have also worked with security agencies to monitor distribution and protect farmers from unscrupulous dealers.
Uasin Gishu farmers have faced fertiliser shortages and distribution challenges in recent seasons, making quality concerns particularly significant as they invest in planting and top-dressing.
County officials have previously urged farmers to obtain fertiliser through approved outlets and avoid suspicious dealers. In February, Uasin Gishu County Commissioner Edison Nyale said security teams were monitoring the movement and sale of subsidised fertiliser to prevent tampering.
The court said the Fertiliser and Animal Foodstuffs Board was supposed to regulate the industry, inspect products for quality and safety, license manufacturers and distributors, and advise both national and county governments on the procurement and distribution of subsidised fertiliser. Justice Mutai said the government had failed to establish the board despite the law creating it nearly nine years earlier.
For farmers in Uasin Gishu, the ruling is likely to intensify calls for tighter checks at depots, stronger enforcement against counterfeit dealers and greater accountability in the handling of subsidised farm inputs.
The court declined to issue a blanket compensation order because the farmers seeking compensation had not been individually identified and their losses had not been quantified.
The judgment therefore leaves a pressing question for the North Rift: whether existing safeguards are strong enough to ensure that every subsidised bag reaching a farmer is genuine, properly labelled and fit for use.