The Environment and Land Court in Voi has nullified a tender issued by the national government to lease a 15,000-acre livestock quarantine station in Taita Taveta County, declaring the process unconstitutional.
Justice Edward Karoph Mabwoto ruled that the tender, which sought to lease the Bachuma Livestock Quarantine Station for 30 years, infringed on functions reserved for county governments under the Constitution.
The tender, referenced as MOALD/SDA/BLQS/IT/01/2024/2025, was advertised by the Ministry of Agriculture and Livestock Development in July 2024.
It invited private investors to manage, develop, and maintain the Bachuma facility also known as Bachuma LMD Farm for livestock screening and export operations.
However, the County Government of Taita Taveta, through its lawyer Maingi Musyimi, challenged the process, arguing that livestock husbandry and animal management are devolved functions under the Fourth Schedule of the Constitution.
The county accused the national government of unilaterally initiating the tender without consultation, public participation, or regard for devolution.
It further told the court that it was already utilizing part of the land for livestock breeding and local employment programmes.
The respondents including the Cabinet Secretary for Agriculture and the Attorney General defended the tender, insisting that the Bachuma facility served a national interest as a quarantine and veterinary certification centre for livestock exports.
Through their lawyer Monica Mwanaszumba, the respondents argued that the land had historically been reserved for the national Veterinary Department and that the procurement process followed the Public Procurement and Asset Disposal Act.
They also maintained that public participation was not a legal requirement at the tendering stage.
In his judgment, Justice Mabwoto dismissed those arguments, stating that the tender process violated the constitutional principles of consultation and cooperation between the two levels of government.
“The National Government only bears a ‘policy’ function, which for all intents and purposes is implemented by County Governments,” said Mabwoto.
The court held that the Ministry of Agriculture had unlawfully encroached upon devolved functions and failed to comply with the requirements of Articles 10, 174, 186, and 187 of the Constitution, as well as Section 87 of the County Governments Act.
However, the court declined to issue an order of mandamus compelling the unconditional transfer of the land to the county.
Mabwoto said that the petitioner had not demonstrated prior engagement with the National Land Commission on the matter.
“While it is evident that Bachuma Livestock Quarantine Station (BLQS) was established before the 2010 Constitution and considering the provisions. of Article 186 and the Fourth Schedule of the Constitution, the utilization of the said Station to the exclusion of the Petition poses a threat to devolution in line with the applicable provisions of the Constitution of Kenya 2010,” ruled the court.
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