Potato farmers have filed a case in court challenging the implementation of the Irish Potato Regulations 2019.
The farmers claim the regulations are a huge burden and cannot be implemented without destroying the potato sector.
On April 5, the Ministry of Agriculture gazetted the crop(Irish potato) regulations to provide a supportive policy environment, one that addresses constraints and challenges in the sub-sector.
While launching the regulations in May, CS Mwangi Kinjuri said the move will increase Kenya’s annual production of Irish potatoes from 1.3 million tonnes to six million tonnes by 2022.
But the farmers, in the court documents, claim that the regulations are extremely oppressive. They claim the regulations will push farmers out of potato farming.
“The regulations provide that the selling and buying of Irish potatoes for commercial purposes and home consumption shall be done in collection centres.
“To date, the supposed registered collection centres do not exist and hence compliance of the regulation is impossible,” they say in court documents.
The farmers argue that despite the centres not existing, they continue to face harassment from the county government and police for non-compliance.
According to the documents, the farmers now need to apply for registration at the county government at a fee despite paying VAT and other taxes.
They also claim there was no public participation when the regulations were formulated.
“Demanding that selling and buying or Irish potatoes shall be done at collection centres and designated markets is exposing them to cartels as well as hefty transport expenses since the farming is done at district locations.”
Agriculture and Food Authority has since sought to be enjoined in the case as an interested party.
It says it has material to show that it duly conducted extensive consultations with the farmers and the representatives of the farmers and other key stakeholders in the food sector.
“Our joinder is aimed at assisting the court to reach a just and fair determination of the matter,” AFA says.
Edited by R.Wamochie
