COUNTIES SIDELINED

Senators to reject Munya's tea sector regulations

Senate to adopt a report of two committees seeking to annul the Bill.

In Summary

• Members pointed out that counties had been sidelined in the proposed reforms yet agriculture is a devolved function. 

• The regulations will interfere with the internal affairs of private companies. 

A farmer picks tea leaves in Othaya, Nyeri county
POOR PAY: A farmer picks tea leaves in Othaya, Nyeri county
Image: EUTYCAS MUCHIRI

Tea growers are likely to wait longer for any reforms in the sector as the Senate is expected to reject the new government-sponsored regulations. 

In a sitting on Tuesday, the senators are expected to shoot down the Crops (Tea Industry) Regulations, 2020.

They will adopt the report of the Committee on Delegated Legislation and the Standing Committee on Agriculture, Livestock and Fisheries which was tabled in the House on November 10. 

In the report, members said counties had been sidelined in the proposed reforms, yet agriculture was a devolved function.

"Agriculture is a devolved function under the Fourth Schedule of the Constitution and the regulations should include the views of all County Governments pursuant to section 40 (1) of the Crops Act,” the report said.

The Mohammed Faki-led committee wants clearly defined roles for counties in reforming the sector since agriculture is a devolved function.

Faki said members noted that some functions assigned to the Agriculture and Food Authority are devolved under the Fourth Schedule of the Constitution.

“In particular, the committee pointed out the registration of warehouses by the Agriculture and Food Authority. Warehouse Receipts System Act, 2019 has tasked county governments, through the respective county executive committee members, to register and license all warehouse operating within respective counties,” Faki said.

 
 

He added: “The regulations are generally too prescriptive as they are aimed at controlling one industry player instead of providing incentives for other industry players to grow. They should therefore be reviewed with a holistic view of the industry and especially noting the interests of county governments,” the committee said.

The committee further said the regulations will interfere with the internal affairs of private companies and may amount to over-regulation of the industry, thus stifling growth.

Earlier, senators had supported the Bill and censured the Kenya Tea Development Agency for allegedly blocking reforms meant to uplift the lives of tea farmers.

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