' I have considered the notice of motion dated 22 September 2025 filed under a certificate of urgency of even date. I am satisfied that the application is urgent, and it is so certified. I hereby direct that the application, together with the petition, be served forthwith and in any event not later than 24 September 2025. The respondents and interested parties are hereby directed to file and serve their responses to the application within seven days of the date of service of the application. The applicants are directed to file and serve their submissions on the application within seven days of the date of service of the respondents'' and interested parties'' response to the application. The respondents and interested parties shall file and serve their submissions within seven days of the date of service of the applicant''s submissions. The application shall be mentioned for further directions on 23 October 2025.
In the meantime, in order to preserve the substratum of the petition, and, to the extent that the respondents'' impugned actions may frustrate or compromise the effect of the order of this Honourable Court sitting at Kerugoya in High Court Petition number E 009 of 2025, conservatory orders pending the hearing of the application or until such further orders are made by this Honourable Court are hereby granted in the following terms:
1. The Agriculture and Food Authority (AFA), whether by itself, its agents, servants, or assigns, is hereby restrained from issuing, reallocating, or otherwise purporting to allocate the 250,000 MT rice importation quota to any private individuals or entities outside of the lawful tender process conducted by KNTC pursuant to Gazette Notice No. 10353 of 28th July 2025 and the Court ruling of 19th August 2025.
2. The implementation and/or effect of the decision of the Agriculture and Food Authority (AFA) contained in its letter dated 10th September 2025, Ref. AFA/FD/RC/3/(13) purporting to revoke the allocation made to the Kenya National Trading Corporation (KNTC) vide letter dated 29th July 2025, Ref. AFA/FD/RC/3/(1) is hereby suspended.
3. The implementation and/or effect of the decision of KNTC contained in its notice dated 17th September 2025 purporting to cancel Tender No. KNTC/TENDER/IMPORT/003/2025-2026 (Importation of Essential Commodities and Last Mile Services) and the awards made on 9th September 2025 is hereby suspended.
4. The Agriculture and Food Authority (AFA), whether by itself, its agents, servants, or assigns, is hereby restrained from issuing, reallocating, or otherwise purporting to allocate the 250,000 MT rice importation quota to any private individuals or entities outside of the lawful tender process conducted by KNTC pursuant to Gazette Notice No. 10353 of 28th July 2025 and the Court ruling of 19th August 2025.
It is so ordered.
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In the meantime, in order to preserve the substratum of the petition, and, to the extent that the respondents'' impugned actions may frustrate or compromise the effect of the order of this Honourable Court sitting at Kerugoya in High Court Petition number E 009 of 2025, conservatory orders pending the hearing of the application or until such further orders are made by this Honourable Court are hereby granted in the following terms:
1. The Agriculture and Food Authority (AFA), whether by itself, its agents, servants, or assigns, is hereby restrained from issuing, reallocating, or otherwise purporting to allocate the 250,000 MT rice importation quota to any private individuals or entities outside of the lawful tender process conducted by KNTC pursuant to Gazette Notice No. 10353 of 28th July 2025 and the Court ruling of 19th August 2025.
2. The implementation and/or effect of the decision of the Agriculture and Food Authority (AFA) contained in its letter dated 10th September 2025, Ref. AFA/FD/RC/3/(13) purporting to revoke the allocation made to the Kenya National Trading Corporation (KNTC) vide letter dated 29th July 2025, Ref. AFA/FD/RC/3/(1) is hereby suspended.
3. The implementation and/or effect of the decision of KNTC contained in its notice dated 17th September 2025 purporting to cancel Tender No. KNTC/TENDER/IMPORT/003/2025-2026 (Importation of Essential Commodities and Last Mile Services) and the awards made on 9th September 2025 is hereby suspended.
4. The Agriculture and Food Authority (AFA), whether by itself, its agents, servants, or assigns, is hereby restrained from issuing, reallocating, or otherwise purporting to allocate the 250,000 MT rice importation quota to any private individuals or entities outside of the lawful tender process conducted by KNTC pursuant to Gazette Notice No. 10353 of 28th July 2025 and the Court ruling of 19th August 2025.
It is so ordered.
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