Africa-Press – Kenya. The Council of Governors has filed a case in court seeking to stop implementation of the new coffee regulations gazetted by the Ministry of Agriculture last month.
CoG says the regulations, which require coffee farmers to obtain two licenses to mill and market their own coffee were formulated in their absence.
They argue Agriculture CS Peter Munya gazetted the crops (coffee) (general) amendment regulations 2022, without consulting the county governments and other stakeholders.
“The Agriculture and Food Authority shall register all coffee warehousemen, warehouses, coffee miller marketer, coffee buyers, coffee bags, suppliers, roasters, importers and auction organiser.
“It will also maintain an up-to-date register and share the same with respective county governments,” Munya said in a gazette notice dated July 8.
This sealed the fate of the Capital Markets Authority as a regulator of spot commodities.
The Capital Markets (Coffee Exchange) Regulations 2020 gazetted in April 2019 had given the CMA the mandate to license the coffee exchange and brokers.
But with the new disputed regulations, CMA suffered a setback as Munya vested the powers to control the sale of the commodity in the hands of AFA.
The CoG in its court documents argues the proposed regulatory changes seek to bar farmers from direct sale of their produce.
The amendments they say, will deprive coffee growers their proprietary rights as owners of the coffee.
“The regulations claw back on licensing and regulatory functions constitutionally assigned to the county governments and assigns them to AFA.
“They will overburden the farmers as they will now be required to obtain two licences to mill and to market their own coffee,” CoG says.
It’s their argument that when the disputed regulations were being formulated, farmers and other stakeholders in the coffee sector were not granted any opportunity to air their views on the amendment.
“The willful failure of the CS to hold consultations with the county governments to deliberate on the regulations undermines national values and principles of governance,” they say.
However, in February this year, Munya said he went round the 32 coffee growing counties collecting views on the bill and that the national assembly also conducted a round of public participation.
He said the new regulations will pacify farmers as it will streamline the sector and help them earn more return.
Justice Hedwig Ong’undi certified the matter as urgent and directed CoG to serve the respondents with the papers.
The matter will be mentioned on September 8 for further direction.
Those sued in the case are AFA, Agriculture CS and the Attorney General.
The national coffee co-operative union and Capital Markets Authority have been listed as interested parties.
Others are the county governments of Kiambu, Nyeri, Kirinyaga, Murang’a, Kisii, Meru, Nandi, Bomet, Embu and Kericho.
(Edited by Bilha Makokha)
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