The Environment and Land Court in Voi has declared unconstitutional a controversial national government tender to lease the 15,000-acre Bachuma Livestock Export Quarantine Station in Taita Taveta County. Justice Edward Wabwoto ruled on October 23 that the tender infringed on powers constitutionally assigned to county governments, undermining the spirit of devolution. The court restrained the Ministry of Agriculture from proceeding with the lease and quashed the tender entirely, citing lack of consultation and public participation.
The case arose from a July 2024 tender in which the Ministry sought to lease the facility to a private investor for 30 years to manage livestock screening and exports. The Taita Taveta County Government challenged the move, arguing that animal husbandry and livestock management are devolved functions under the Constitution and that the lease would bypass county authority. While the national government defended the tender as lawful and essential for international trade, the court emphasized that local management of devolved functions is central to Kenya’s subsidiarity principle.
The ruling is expected to have far-reaching implications for national and county collaboration in managing land and agricultural resources. County officials welcomed the decision, highlighting that it reinforces local authority over livestock and protects jobs tied to the facility. Observers note that the judgment could set a precedent for future disputes, emphasizing the need for consultation and cooperation between government levels in line with constitutional devolution.