Parliament rolled back retired President Uhuru Kenyatta-era coffee regulations enacted on June 9, 2022.
The National Assembly Delegated Legislation Committee chaired by Ainabkoi Member of Parliament Samuel Chepkonga overturned the controversial the Crops (Coffee) (General) (Amended) Regulations, 2022.
The committee found that there was no public participation during the formulation of the regulations when Peter Munya was in charge of the Agriculture docket.
Moreover, the committee found that coffee farmers raised concerns that were not addressed by the ministry, which was hell bent on passing the laws.
“The coffee farmers expressed concerns that the application of the Amendment Regulations would adversely affect coffee farmers, and that their concerns were not taken into account,” read the report tabled on Thursday, February 23.
Furthermore, the committee pointed out that the regulations contravened a court judgement, which blocked the publication of the regulations.
The Chepkonga-led committee confirmed that the regulations were published in the Kenya Gazette on June 9, 2022. Former CS Munya sought to amend the provisions of the Crops (Coffee) (General) Regulations of 2019.
The committee annulled the regulations in their entirety citing non-compliance with the Constitution and the relevant statutes.
"The Committee recommends that the House annuls in entirety the said statutory intrument for noncompliance with the Constitution and relevant Statutes," read part of the of the report.
During the adoption of the laws, Munya pointed out that the move was meant to kick out cartels who had taken over the sector.
At the time, the Council of Governors (CoG) was then concerned that the regulations went against the Constitution.
CoG accused the former CS of not consulting them even though they wrote letters to him asking to participate in the law-making process.
On Sunday, January 15, President William Ruto gave his deputy Rigathi Gachagua orders to address the crisis in the coffee, tea and milk sectors, signalling a looming overhaul.
“That responsibility of tackling brokers and cartels in these sectors will be handled by my deputy. I know he will deliver because he has a soft spot for the downtrodden and will ensure the job is done," Ruto stated.
Munya Rules Effect
The Munya-era regulations included a clause that stated, “The Authority (Agriculture and Food Authority) shall register all coffee warehousemen, warehouses, coffee miller-marketer, grower marketer, grower miller, auction organizer, coffee buyers, roasters, importers, and certification companies, maintain an up-to- date register on them and share the register with respective county governments.”
The effect of this is that it took coffee regulations from the county governments to the Agriculture and Food Authority (AFA).
In a letter from coffee farmers addressed to the Clerk of the National Assembly and copied to the Chairman of the Committee on Delegated Legislation, they expressed concerns that application of the Amendment Regulations would adversely affect coffee farmers.
They stated that the regulations would create room for cartels, reason being that societies and cooperatives were the only ones to participate in coffee auctions thus locking out farmers.
