Court Quashes Ban on Vending Unpacked Milk

1634 Views Kampala, Uganda

In short
The judge observed that there was no overriding public interest to warrant the ban of vending unpacked milk in the city and municipalities before wondering what the milk vendors would do with their unpacked milk.

The High Court in Kampala has quashed with costs the government ban of vending unlabeled or unpacked milk in the city and municipalities across the country.

While quashing the ban that was issued by State Minister for Agriculture Bright Rwamirama, High Court Judge Yasin Nyanzi held that the ban was irrational because the minister did not consult the milk vendors and other relevant stakeholders prior to the ban.

The judge observed that there was no overriding public interest to warrant the ban of vending unpacked milk in the city and municipalities before wondering what the milk vendors would do with their unpacked milk.

The ruling of the court followed a successful suit that was filed last year by a group of dairy traders under their umbrella association of the Uganda National Dairy Traders Association Ltd.

The milk vendors argued that the ban was vague and unjustifiable as it forbade the marketing and vending of raw milk or pasteurized milk in cities and municipalities which is their mainstay and yet there is no compelling reason for unfair discrimination of this kind.

Justice Nyanzi wondered why the minister issued certificates to the milk vendors to operate their business but turned around to enact a law a month later saying that use of the certificates would tantamount to a criminal act.

Edward Kutesa, the spokesperson of the milk vendors welcomed the court's ruling and that justice had been served to them.