NAIROBI, Kenya — The High Court in Nairobi has dismissed a petition filed by former Kanduyi MP Wafula Wamunyinyi challenging the government’s decision to lease Nzoia Sugar Company, ruling that the case was a repeat of a matter previously determined by the court.
Justice Lawrence Mugambi, sitting at the Milimani Law Courts, found the petition “res judicata”—meaning it had already been heard and conclusively settled.
He cited a 2024 judgment in Petition No. E065 of 2024, filed by activist Martin Nyongesa Barasa, which addressed the same issues around the leasing of state-owned sugar mills.
“In light of the earlier ruling, I cannot proceed any further. I must down my tools,” said Justice Mugambi in his verdict delivered this week.
Wamunyinyi’s petition, filed on March 20, 2025, through the law firm of Wamalwa and Echesa Advocates, challenged an international tender advertised on February 28 by the Ministry of Agriculture.
The tender invited bids for leasing publicly owned sugar factories, including Nzoia Sugar.
The former legislator argued that the process lacked transparency and meaningful public participation, thus violating constitutional provisions under Articles 10, 201, and 227.
However, the court found those arguments mirrored the grounds raised and addressed in the earlier petition, in which Justice E.C. Mwita had ruled that there was adequate public consultation and that parliamentary committees had been involved.
Justice Mugambi said that bringing forward an identical case with minor procedural differences, such as citing a new tender or financial year, amounted to “repackaging” and was an abuse of court process.
“The grievances in both petitions revolve around the same tender subject matter and the alleged failure to ensure public participation. That issue has already been settled. There must be finality in litigation,” he ruled.
The court also upheld objections raised by the State Law Office and the Ministry of Agriculture, which argued that the petitioner had failed to exhaust other legal remedies available under procurement laws.
Justice Mugambi agreed, stating that disputes related to public tenders should first be taken before the Public Procurement Administrative Review Board or the Public Procurement Regulatory Authority, as stipulated under the Public Procurement and Asset Disposal Act and the Public Private Partnerships Act.
The judge dismissed claims by Wamunyinyi’s legal team that the petition qualified as a constitutional challenge and was therefore exempt from normal dispute resolution mechanisms.
Three interested parties had also joined the suit in opposition, backing the government’s argument that the case was both premature and repetitive.
With the dismissal, the government notched another legal win in its push to reform Kenya’s ailing sugar sector, which has been marred by years of mismanagement and financial loss.
The ruling clears a legal hurdle for the Ministry of Agriculture as it proceeds with leasing plans aimed at reviving struggling state-owned mills.
