Governors, crops regulator in row over coffee licences

A coffee farmer inspects his crop. There is a tussle on who should control dealership in the crop between governors and the Agriculture Food and Fisheries Authority. [PHOTO: FILE/STANDARD]

The Council of Governors (COG) and the Agriculture Food and Fisheries Authority (AFFA) are involved in a tussle over who has powers to issue permits in the coffee marketing chain.

Nyeri Governor Nderitu Gachagua, who is chairman of the Agriculture and Land Committee in COG, has accused  AFFA’s coffee directorate of jumping the gun by inviting applications for the 2015/16 licences in the marketing chain.

According to Mr Gachagua, COG felt that by advertising for licences, AFFA had slighted the Deputy President William Ruto’s office, which is moderating discussions on distribution of powers in the agricultural sector.

“All we are asking for is that the ministry allow those consultations to be concluded, rather than acting unilaterally against the law,’” said Gachagua.

Director of Communications at the Deputy President’s office David Mugonyi confirmed they have been convening meetings between AFFA, its parent Ministry of Agriculture and the COG to unlock the stalemate.

“The meetings were being convened by Korir Sing’oei, who heads the DP’s legal office, to principally align the agricultural laws, rules and regulations with the Constitution. We believe they have made considerable progress,” said Mr Mugonyi.

The new war between governors and AFFA is seen as a battle for millions of shillings paid by co-operative societies, traders, marketers and processors in annual licence fees.

PROCEDURAL UNDERTAKING

“The process of discussing the proposed regulations to implement the AFFA and Crops Act, including attendant licences is still ongoing and has has not yet been finalised,” said Gachagua in a statement yesterday, adding:

“It is premature, dishonest, misleading and totally in bad faith to make such an announcement before the ongoing process is finalised.”

Gachagua said AFFA did not have any right to claim that licensing of coffee trade business chain or for any other “scheduled” crop was its sole mandate because section 17 of the Crops Act gives counties the right to impose fees for agricultural development,  farm trade and licences to people dealing with crops.

“Counties also had the sole right to issue licences to co-operative societies dealing with listed crops within their jurisdiction,” said Gachagua.

“This fallout is completely unnecessary but was brought about by AFFA officers behaving as if there are no consultations going on. We will only go to court as a last resort,” Gachagua noted.

Scheduled crops are those formally recognised by the Government as cash crops.

AFFA Director General Alfred Busolo said talks between them and the governors had not broken down irretrievably as painted by the COG statement.

“Even as we discuss and consult with them, it is good to appreciate that Section 20 of the Crops Act has a mandatory requirement of 30 days before licences can be issued once advertised,” said Mr Busolo.

“The licences expire on June 30; so it was just a procedural undertaking,” he said.