High Court throws out coffee task-force laws on reforms

The High Court has stopped the implementation of the recommendations of a coffee task force report ordered by President Uhuru Kenyatta.

Justice George Odunga ruled that the report's recommendations were unlawful because the task force failed to conduct proper public participation and involve county governments.

The fate of the report now lies in the hands of the next Parliament.

"Having considered the applications, the subject of this judgement, I make an order compelling the Cabinet secretary, Ministry of Agriculture, to ensure that lawful regulations are promulgated within 30 days of the first sitting of the next Parliament," Justice Odunga ruled.

Last year President Kenyatta formed a task force which came up with new coffee regulations that were challenged in court by the New National Farmers’ Association.

FARMERS CONTRIBUTIONS

The association told Justice Odunga that the task force had thrown out their contributions and instead presented the President with "views of the powerful personalities in coffee industry as opposed to ordinary farmers".

The court agreed.

"I am, therefore, unable, based on the evidence placed before me, to find that the views given by the association were, in fact, considered," Justice Odunga ruled.

The petition was also joined by the Council of Governors, which said it was not involved in the process.

The governors argued that the regulations ignored previous inter-governmental negotiations that had agreed on the sharing of agricultural licensing revenue.

Justice Odunga ruled that there was no evidence that county governments were consulted before the regulations were drafted.

The new regulations had eliminated a 4 per cent levy imposed in the Coffee General Regulations of 2002 and eliminated Sh100 million bank guarantee for a marketing agent licence.