Nominated MP Sabina Chege has proposed a law that will establish a governing authority that will issue licenses to Horticultural Crop dealers, in the latest of a series of attempts to legislate more agricultural products.
The bill outlines the duties of the Horticultural Crops Authority, which range from regulating the production of horticultural produce to enforcing standards of quality for vegetables and fruits. The licenses obtained by horticultural dealers will be renewed after one year and violators will be liable to fines not exceeding KSh 2 million or sentenced to 3 years in prison. The bill also directs county governments to record all marketing agents, nursery dealers, planting material propagators, and horticultural packing facilities – as well as provide certificates for registration. “The authority shall register and monitor compliance with the certification scheme of the national horticultural standards to ensure conformity of produce and products to the regional and international market requirements,” says a part of the bill.
The Horticultural Crops Authority shall also issue export or import licenses of the produce specified in the bill. It will also be illegal to process horticultural crops without obtaining a license from the authority.
The authority is also tasked with the mandate to advise the Cabinet Secretary for Agriculture on issues relating to the sector, based on the data they will collect in the course of their operation.
A Chairman will be appointed by the president, and together with various principal secretaries in the Agriculture Ministry, will sit on the board managing the authority.
“The board shall have the powers necessary for the proper performance of its oversight functions over the authority in the act. The board has power to control, supervise and administer the assets of the authority in such manner as best promotes the purposes for which the authority is established,” the bill says.
The bill, like the livestock bill 2024, has prompted uproar from Kenyans on social media. They regard these bills as stringent attempts to control small scale food production and complicate relations between the government and individuals’ economic decisions.
However, the Agriculture and Food Authority (AFA) has defended the bill saying that only large scale farmers and dealers in the Horticultural sector will be affected by the provisions listed in the bill. They denied that the bill was meant to affect mama mbogas and small scale growers who supplied vegetables and fruits to local markets.
Horticulture is an invaluable sector in the economic growth of Kenya, contributing to about 24% of the total export earnings. The sector in large scale has been accused of polluting the environment, prompting the government to intervene on various fronts to ensure safety and hygienic practices are maintained. This has included providing guidelines for soil testing, authorization of fertilizers and pesticides, and water use.
