The government’s move to involve the National Cereals and Produce Board in the purchase and distribution of subsidised fertiliser was irregular, MPs have said.
They have demanded explanations on when and how the government gave NCPB the responsibility and power to power to purchase subsidised fertiliser for resale to farmers.
The law establishing the board doesn’t mandate it to deal in fertiliser but strictly agricultural crops.
“The function of the board shall be to buy, store, sell, import, export or otherwise acquire and dispose of maize, wheat and scheduled agricultural produce,” the NCPB Act reads.
It says the cereals board purchasing should aim “to fulfil the requirements of producers and consumers in Kenya”.
But MPs hearing the impeachment motion against Agriculture Cabinet Secretary Mithika Linturi heard the government made it a policy for the grains bulker to deal in fertiliser.
“The decision to transfer fertiliser purchases and distribution to NCPB was done last year. This is the first time we are purchasing fertiliser,” Linturi said.
“A decision was made to transfer the function from the proper body. The wisdom was that if the management was under the same body, it would have been tidier.”
But MPs said the decision to shift by President William Ruto administration’s was irregular. They said purchasing should be done by the Kenya National Trading Corporation (KNTC).
Ainabkoi lawmaker Samuel Chepkonga called out the Executive over the irregularity and the called the attention of minister to the content of the law.
“Are you aware the NCPB is not mandated in law to purchase to tender for the supply of fertiliser?” he asked Linturi.
The MP, who is also chair of the Delegated Legislation Committee, added, “The responsibility of the cereals board is to purchase maize, wheat and other agricultural products.”
Linturi is accused in the impeachment motion by Bumula MP Wamboka Wanami of irregularly approving the purchase and distribution of fertiliser through NCPB.
“You have bestowed unto an institution the power to purchase fertiliser without any basis in law,” Chepkonga said.
The CS said they were blind to the provision of the law, a statement that MPs said could pass as an admission of committing an illegality.
“We must think of how to remedy the situation,” Linturi said, explaining that the action was informed by the commercial needs of the cereals bulker.
“There was the need to put the institution into full operation… NCPB buys maize and other cereals but also extends to support our farmers… I am not trying to add more work to it but we must appreciate NCPB is a commercial body.”
He stated the board doesn’t get funding from the exchequer, hence, the ministry felt it wise to give it the fertiliser business.
“Whatever they use the infrastructure for helps them function or run their affairs. But I thank the committee for bringing to my attention the provision of the Act,” he said. “We have noted the concerns and we will align,” Linturi said.
The law also provides that NCPB should “regulate and control the collection, movement, storage, sale, purchase, transportation, marketing, processing, distribution, importation, exportation and disposal” of the agricultural crops it trades.
The NCPB is further mandated to advise the minister on the proper production of maize, wheat and scheduled agricultural produce needed by Kenya.
It is also the body that advises the Agriculture CS on the shortages which are to be met through imports.
The law, which the government is argued to have exploited, also provides that in fulfilling its functions, the NCPB is mandated to “comply with any general or special directions which the minister may give”.
The impeachment motion followed the discovery of thousands of bags of substandard fertilizer at NCPB stores across the country.
MPs concluded the hearing on Friday.
The select committee was expected to retreat and write a report to be tabled during the National Assembly sitting scheduled for Monday.
