Kenyan fresh produce traders lose case to block new levy

Fresh produce exporters have lost a bid to stop the Kenyan government from imposing a 0.25% levy on the customs value of their export consignments. High Court judge Anthony Mrima dismissed the case filed by the Fresh Produce Exporters Association of Kenya (Fpeak), Fresh Produce Consortium of Kenya, Avocado Society of Kenya and Avocado Exporters Association of Kenya.

Mrima said they failed to prove how the disputed regulations infringed Article 201 of the constitution. It provides that there shall be openness and accountability including public participation in financial matters. The judge said he was convinced there was adequate public participation and consultation.

The petitioners wanted the court to quash the 2020 crop regulations, designating them as ‘unconstitutional’. They also hoped for an order stopping the Agriculture Ministry and other players from imposing, charging or enforcing collection of the fee.


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