Judge rules leasing of 15,000-acre Bachuma Quarantine Station unconstitutional, cites violation of county functions
Voi, Kenya — The Environment and Land Court in Voi has quashed a controversial tender by the national government to lease a 15,000-acre livestock quarantine station in Taita Taveta County, declaring the process unconstitutional and an encroachment on county functions.
Justice E. K. Mabwoto, in a judgment delivered on 23rd October 2025, nullified Tender No. MOALD/SDA/BLQS/IT/01/2024/2025, which sought to lease the Bachuma Livestock Quarantine Station—also known as Bachuma LMD Farm—for 30 years to a private entity.
The tender, advertised by the Ministry of Agriculture and Livestock Development in July 2024, aimed to identify a firm to manage, develop, and maintain the facility for livestock screening and shipment.
County Petitions Against Encroachment
The County Government of Taita Taveta, represented by Advocate Maingi Musyimi, petitioned the court, arguing that the national government’s actions violated the Constitution. The county maintained that animal husbandry and livestock management are devolved functions explicitly assigned to county governments under the Fourth Schedule of the Constitution.
It further claimed that the national government’s decision to lease the land without consulting the county or conducting public participation amounted to a usurpation of county authority and a threat to devolution, noting that part of the land was already being used for livestock breeding and local employment.
National Government Defends Tender
In response, the national government—represented by Learned Counsel Ms. Mwanaszumba on behalf of the Cabinet Secretary for Agriculture and the Attorney General—argued that the Bachuma facility played a vital role in international livestock trade and veterinary certification for exports, functions that fall within the national government’s mandate.
They maintained that the land historically belonged to the Veterinary Department, and that the tender process, conducted under the Public Procurement and Asset Disposal Act, was lawful, transparent, and within the ministry’s powers.
The respondents also contended that public participation was not required at the tender stage and described the county’s objections as an afterthought.
Judge: Tender Violated Devolution Principles
In a detailed judgment, Justice Mabwoto dismissed the national government’s arguments, holding that the tender violated key constitutional principles of consultation and cooperation between the two levels of government.
Citing the principle of subsidiarity, the judge emphasized that functions affecting local residents—such as agriculture—are presumed to lie with county governments.
“The National Government only bears a ‘policy’ function which, for all intents and purposes, is implemented by County Governments,” the judge stated, referencing the Supreme Court’s decision in the Institute for Social Accountability case.
The court ruled that proceeding with the multi-decade lease without involving the county government or conducting public participation breached Articles 10, 174, 186, and 187 of the Constitution and Section 87 of the County Governments Act.
Partial Relief for County
While largely siding with the county, the court declined to grant an order of mandamus compelling the national government to unconditionally transfer the farm, noting that there was insufficient evidence of prior engagement with the National Land Commission (NLC) on the matter.
Nevertheless, the court issued declarations that the tender was unconstitutional, null, and void, and granted orders of inhibition and certiorari to restrain and quash its implementation.
Justice Mabwoto directed each party to bear its own costs, marking a significant reaffirmation of county governments’ functional autonomy under Kenya’s devolved system of governance.