Tuesday, 25 June 2019 09:17

REVIEW OF KENYA AGRICULTURE LEGISLATION

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On, 21st September 2019 the Council of Governors led by H.E Muthomi Njuki who chairs the Agriculture Committee held a consultative meeting with the Senate standing committee on Agriculture, Livestock and Fisheries at the Boma Hotel, Nairobi to establish the challenges faced in implementing the Crops Act and the Agriculture and Food Authority Act (AFA) 2013.

The two legislations created the Agriculture and Food Authority which is mandated to regulate and develop the sector in contravention of the fourth schedule of the Constitution of Kenta 2010.

Governor Muthomi Njuki while speaking during the forum reiterated the need for the National Government to work closely with the County Governments especially in regulation development and especially to those that affect County Governments and devolved functions. "It is sad to note that six years into devolution, the Crops Act and AFA which were enacted without the participation of Counties, have not been realigned to the Constitution to enable Counties discharge their Constitutional responsibilities," bemoaned the COG Agriculture Committee chairperson

He noted that a Legal audit carried out by the Council of Governors and the Kenya Law Reform Commission conducted across seven sectors including Agriculture established the extent to which the Country's policies and legislation conform to the devolved system of governance and made recommendations for harmonization and alignment to the Constitution.

According to the Fourth schedule of the Constitution of Kenya, the National Government is mandated to develop a national agriculture and veterinary policy, national standards and norms, regulations for international trade as well as capacity building for county governments. Every other function in the sector is transferred to County Governments. This therefore forms the basis for information towards the formulation of any legislation.
It was noted that from the recently tabled budget estimates for the Financial Year 2019/20, the Cabinet Secretary for National Treasury and Planning allocated Kshs. 59 Billion to the Ministry of Agriculture, Livestock, Fisheries and Irrigation. This amount surpasses the cumulative amount by the 47 County Governments should they allocate 10% to agriculture as recommended by the CAADP Malabo declaration. The move gives the Ministry an upper hand and a reason why the Ministry continues to undertake devolved functions due to excess funds and do not have activities to spend the money on. The National Ministry has gone into activities including seedling purchase, distribution of fertilizer and weed among other activities which are purely devolved.

Agriculture stakeholders will convene on 10th - 11th July during the Intergovernmental Forum on agriculture to further the conversation on improving and strengthening the Agriculture sector in Kenya.

Read 420 times Last modified on Wednesday, 03 July 2019 08:23

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