Potato farming in Kenya is governed by a set of punitive laws that growers have to strictly adhere to before hitting the market.
The laws enshrined in the constitution of Kenya under the Crops Act 2013, guide the entire farming process from registration, growing, transporting, and even marketing.
The laws were officially published in the Special Gazette notice that was released in April 2019 that was agreed upon after consultation with both the Agriculture and Food Authority and the County governments. The laws prescribe and define everything regarding Irish potato farming in the country.
The first step before one starts potato farming is acquiring registration which is mandatory. The certification is issued by county governments with the sole aim being to keep data of all the farmers. This also applies to every growers' association in the country.
For smallholder growers, they are required to register with the growers' associations before starting the farming process. In the law, the county government is mandated to register processors, marketing agents, dealers, collection centers, and warehouses or stores. The certificate issued thereafter okays growers to engage in the potato farming venture.
After registration, county government officials are still tasked with doing regular inspections to establish if a farmer is abiding by the set rules contained in the certificate.
For one to engage in export and import venture of Irish potatoes, a license must first be obtained.
"An importer or exporter of Irish potato produce shall apply for an export or import permit for each consignment imported or exported. Each consignment of Irish potato produce for import, export or in transit shall be declared at the port of entry or exit and physically verified by the Authority or its authorised agent," the law states.
Before exporting or importing, an inspection must be done to ensure the labelling, packaging, and potato grade is the right one. It must also not exceed the weight prescribed in the license.
"The owner shall, where the produce has been declared as being in transit, declare the quantity thereof in metric tons of the produce, their origin, port of exit, and destination in Form O set out in the First Schedule," the law states.
Contravening these rules attracts an imprisonment term for a period not exceeding three years or to a fine not exceeding Ksh5 million or to both.
The handling of potatoes is also done in a way prescribed by the law on good agricultural practices passed by the government.
"Ensure the safe use, storage and disposal of pest control products in accordance with the Good Agricultural Practices as prescribed by the Authority from time to time; and (b) use pest control products registered for use in the Irish potato production and handling by the Government agency for the time being responsible for pest control products."
Packaging of the harvested potatoes is also capped at maximum weight of 50 kilograms for every single unit.
"A grower and dealer of Irish potato produce shall use a weighing scale that has been properly calibrated, serviced, inspected, and approved by the Ministry for the time being responsible for trade."
Using faulty scales attracts a hefty fine and even imprisonment as enshrined in the laws gazetted. The packaging and labelling should indicate the Irish potato variety, date harvested, collection center, and county of origin.
Transporting of the Irish potatoes should also be done according to the law. Irish potatoes for commercial purposes are required to be transported in natural and synthetic fibre sacks, moulded plastic boxes, sawn wooden boxes, and paper or plastic film sacks.
Failing to do so is considered a criminal offense.
Recently, Fast food restaurant chain, Kentucky Fried Chicken (KFC), came under public scrutiny for importing potatoes instead of sourcing locally.
The food giant however, in a statement, stated they had initiated plans to acquire potatoes grown locally.
"There is an opportunity to source the potatoes from a local supplier that meets the global KFC quality and safety specifications in the near future,” KFC stated.
