The High Court has removed prohibition for the slaughter of donkeys after the state failed to respond to an application challenging the legal notice.
Justice Richard Mwongo noted that the legal notice violated the rights of Star Brilliant, the petitioner.
“The government has failed to sufficiently defend this case and this court quashes the Legal Notice 63 of 2020 as it violates the rights of Star Brilliant,” he said in his ruling.
“The legal notice violates the rights of the applicant under Article 47 of the Constitution and the applicant is granted stay to operate in light of the failure by the respondent to file back his response,” he added.
In February 2020, the Agriculture cabinet secretary Peter Munya imposed a ban on the slaughter of the beast of burden due to its dwindling numbers.
In June, Judge Mwongo reversed the ban and as a result, owners of Star Brilliant (Naivasha), Goldox Kenya (Mogotio), Silzha (Turkana), and Fuhai (Machakos) can continue with their operations until the suit was heard and determined.
Kenya has four abattoirs slaughtering at least 1,000 donkeys every day.
According to Brooke East Africa, an international animal welfare charity dedicated to improving the lives of working horses, donkeys and mules, the slaughter of donkeys in Kenya is at five times the rate of donkey reproduction and fears by 2023 Kenya will have no donkeys left.