By Njoroge David
The Environment and Land Court in Voi has declared unconstitutional a national government tender to lease the 15,000-acre Bachuma Livestock Quarantine Station in Taita Taveta County.
Justice Edward Wabwoto ruled that the Ministry of Agriculture and Livestock Development violated constitutional principles by initiating the lease without consulting the county government or involving the public.
The court found that livestock husbandry and disease control are devolved functions under the Constitution, and the national government overstepped its authority by seeking to lease the facility for 30 years.
The County Government of Taita Taveta, through lawyer Maingi Musyimi, argued that the tender process disregarded public participation and alienated a key asset developed with county funds.
The county utilises the facility for breeding superior beef and goat breeds, employing residents.
In response, the Ministry of Agriculture and the State Department for Livestock contended that the Bachuma facility serves national interests by facilitating international livestock trade and disease-free certification.
They maintained that the facility was established under the Vision 2030 framework as a livestock export zone and must remain under national management to comply with international obligations.
Justice Wabwoto issued orders of certiorari and inhibition, quashing the tender and restraining the ministry from implementing or awarding it.
The court declined to award costs, directing each party to bear its own expenses.
