VOI, Kenya – The High Court in Voi has nullified a government tender seeking to lease the 15,000-acre Bachuma Livestock Quarantine Station in Taita Taveta County, ruling that the move violated the Constitution and the principles of devolution.
In a judgment, Justice E. Wabwoto allowed a petition filed by the County Government of Taita Taveta challenging Tender No. MOALD/SDA/BLQS/IT/01/2024/2025 issued by the Ministry of Agriculture and Livestock Development.
The ministry had advertised the tender to invite private investors to manage, develop and maintain the quarantine station, located in Maungu, for livestock screening and shipment. The lease was expected to run for 30 years.
However, the county government, represented by lawyer Maingi Musyimi, argued that livestock development and disease control are devolved functions under Articles 186 and 187 of the Constitution and the Fourth Schedule, making the facility a county asset.
County officials told the court that the Bachuma station has been developed by the county as a breeding centre for superior beef and goat breeds and provides employment and economic value to local residents.
They accused the ministry of attempting to alienate the farm without consulting the county or involving the public, in breach of Article 10 on public participation and accountability.
The Ministry of Agriculture and the State Department for Livestock defended the tender, saying the quarantine station serves national interests such as international livestock trade certification, and was established under Vision 2030 as a livestock export zone requiring national oversight.
But Justice Wabwoto held that the ministry’s actions contravened constitutional provisions on land use, devolution and public participation.
The court issued orders quashing the tender and prohibiting the ministry from proceeding with the lease.
“The invitation for bids by the Ministry of Agriculture and Livestock Development violates Articles 60, 62, 186, 187, and the Fourth Schedule of the Constitution and is therefore null and void,” the judge ruled.
The court declined to award costs, directing each side to bear its own expenses.
