Justice Gregory Mutai ruled that the government violated constitutional provisions by failing to establish the Fertiliser and Animal Foodstuffs Board as required by law and by distributing substandard fertiliser under the National Fertiliser Subsidy Programme.

The judge held that the sale of NPK fertiliser whose composition did not match declared specifications breached farmers’ rights to reasonable quality and adequate information under Article 46(1)(a) and (c) of the Constitution.

The case was brought by the Law Society of Kenya after complaints in March 2024 that fertiliser supplied under the subsidy programme was substandard or counterfeit.

Following the complaints, the Kenya Bureau of Standards inspected the manufacturer’s plant and tested samples of Kelgreen‑branded NPK 9:16:6, 10:17:0 and 10:26:10, finding non‑compliance with KS EAS 912:2019 for nitrogen, phosphorus, moisture and copper content.

KEBS subsequently suspended the manufacturer’s standardisation permits and ordered it to cease production and distribution of the affected products.

Justice Mutai declined to hold individual officials personally liable or to declare them unfit for office, noting they were not sued in their personal capacities.

The court also refused to order the Directorate of Criminal Investigations or the Office of the Director of Public Prosecutions to pursue further prosecutions, stating the agencies had already charged six suspects, including the former Managing Director of the National Cereals and Produce Board.

A request by the Law Society of Kenya for compensation for all affected farmers was rejected because the plaintiffs had not identified the farmers nor quantified their losses.

The judgment noted that the government had offered replacement fertiliser to farmers who had not yet used the substandard product, and equivalent top‑dressing fertiliser to those who had already applied it.

Farmers whose losses remain unrecovered may pursue individual claims, while the court ordered each party to bear its own costs and did not halt the fertiliser subsidy programme.