The High Court in Nairobi Tuesday set aside orders suspending a decision by the government to import 125,000 metric tonnes of cooking oil.
The order suspending the importation of the cooking fat followed a suit by the Law Society of Kenya.
Justice John Chigiti dismissed the matter on the grounds that the evidence obtained by the LSK to support its case was done illegally.
LSK had produced a letter by the Principal Secretary Treasury dated January 30, which approved the duty-free importation of cooking fat.
LSK also produced a departmental circular from the Commissioner for Customs and Birder Control implementing the duty-free clearance for the product.
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Chigiti said the court lacked jurisdiction to determine the matter based on illegally acquired documents.
“A court that determines a dispute before it based on illegally obtained evidence is a court that acts without jurisdiction,” he said.
The government approved the decision in November last year to stabilise prices after a prolonged drought that led to a shortage of household supplies and higher food prices.
LSK case was that the government’s administrative decision to approve and facilitate the duty-free importation and clearance of products into the Kenyan market disregarded the constitution.
It said the action was an illegality as it bypassed lawful procedure in approval of tax exemption and waivers.
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Senior Counsel Ahmednasir Abdullahi asked the court to set aside the order terming it as draconian.
He represented the Kenya National Trading Corporation a state Corporation in the Ministry of Trade.
He questioned why the Law Society of Kenya which brought the suit before the court isolated and hand-picked cooking oil for certain corporations and left out other products like wheat, rice, sugar and beans which were part of a February circular by the government.
He faulted the LSK for failing to explain the rationale for picking edible oil.
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