CoG moves to court to stop Munya tea regulations

The Council of Governors has said it will move to court to stop implementation of proposed tea regulations, terming them ‘illegal’.

In a statement released on Monday, CoG said that these regulations are an affront to the principles of devolution and practices and it wants the regulations withdrawn.

“The process of development of the regulations is illegal and unconstitutional as it did not involve the County Governments and the Agriculture committee of the Council,” CoG said.

COG noted that the proposed policies, regulations and standards negate and violate the principles of devolution. Therefore rejecting them in totality.

The Council directed farmers in tea growing counties to reject ban on direct sales, adding it earns poor tea farmers five per cent more than any auction price.

“This is what the county governments support. The Tea auction as presently constituted is prone to manipulation, price fixing by cartels and this is not an efficient method of selling tea hence the regulations cannot prescribe it as the only method of selling tea,” the chairman of Agriculture Committee of the Council of Governors Muthomi Njuki said.

Muthomi said that Agriculture CS Peter Munya should immediately withdraw the Crops (Tea Industry) Regulations, 2020 published vide Legal Notice number 97 of 2020 to allow for further consultation with the County Governments.

He added that the, “Tea marketing through direct sales be encouraged provided that the registered price for the buyer is higher than the auction sales price.”

He further stated that the Ministry of Agriculture, Livestock, Fisheries and Cooperatives should immediately commence the process of reviewing the Crops and AFA Acts in consultation with County Governments to ensure conformity with the Constitution.

The council said that the tea sector requires wholistic reforms that not only target the small holder famers but also the giants who fleece the poor farmers.

“We therefore propose involvement of all stakeholders in undertaking reforms in the sector including restructuring of KTDA,” the council said.

CoG further stated that the regulations have increased the cost of issuance of licences from the ward level to Nairobi. The poor farmer has to incur costs for transport and accommodation services that can be undertaken at the ward level to the County Headquarters.

Njuki also stated that KTDA belongs to farmers and cannot revert to Government. “As such, KTDA reforms should be undertaken by the farmers to suit their needs. Further, oversight should be undertaken by County Governments.”

The regulations require the tea factories to acquire their licences for commercial green leaf transport from Nairobi which will increase the costs and time taken to obtain such license.

The statement further states that the regulations require farmers to have 20 hectares to obtain a license for a cottage industry.

This does not empower the ordinary poor farmer to sell their tea without middlemen who are corrupt and exploit them.

Last month, the implementation of tea trade regulations was suspended.

High Court judge Njoki Mwangi, sitting in Mombasa, said the status quo remains until a petition filed by East African Tea Trade Association (EATTA) is heard and determined.

The rules, expected to bring major changes in how tea is traded in Kenya, were to be effected from June.