Parliament has nullified coffee regulations published by former Agriculture Cabinet Secretary Peter Munya, saying the ministry failed to adequately conduct public participation and ignored views submitted by stakeholders.
The National Assembly Delegated Legislation Committee, in a report adopted by the House on Thursday, annulled in its entirety the Crops (Coffee) (General) (Amendment) Regulations, 2022 that were meant to eliminate cartels in the sector.
The regulations published in June last year proposed amendments to various provisions of the principal regulations to provide for licenses, obligations of license holders and service providers, recognition and protection of coffee growers’ rights, and collection and maintenance of data related to coffee to ensure improvement of standards.
However, the committee chaired by Ainabkoi MP Samuel Chepkonga in its report to the House noted that the ministry did not sufficiently conduct public participation with those that the regulations were going to affect.
The committee also noted that the Council of Governors, in a letter dated May 12, 2022, addressed to Mr Munya, had raised concerns with the regulations and said they were not consulted.
Further, the committee noted that coffee farmers, in a letter addressed to the Clerk of the National Assembly and then chairman of the Delegated Legislation Committee, had also expressed concerns about the failure of the ministry to incorporate their proposals in the regulations.
“Having examined the Crops (Coffee) (General) (Amendments) Regulations, 2022 published vide Kenya Gazette notice on June 9, 2022, the committee resolved to recommend to the House to annul the regulations in entirety for non-compliance with the constitution and relevant statutes,” reads the report.
The committee also faulted the Agriculture ministry for ignoring a court order that had stopped the publication of the regulations in a case between Murang’a Coffee Dealers company and Kipkelion Brokerage Company Limited and three others, and the Ministry of Agriculture Cabinet Secretary.
“The courts ordered for a stop to the publication of the regulations which the ministry did not consider hence barring the jurisdiction of the courts contrary to Section 13 of the Statutory Instruments Act, 2013,” reads the report.
