Farmers at the Chakama Smallholder Irrigation project in Magarini Sub-county, Kilifi County. Critics of the proposed laws say they unfairly target smallholder farmers. [Nehemiah Okwembah, Standard]

Farmers and their representatives are sounding the alarm again over proposed State-backed agricultural laws that they believe threaten rural smallholder farmers and local agriculture. 

The advocacy group Kilimo Cha Haki yesterday expressed concern that these bills endanger not only food sovereignty but also the livelihoods of farmers countrywide. 

Among the nine bills currently under review are the Agriculture and Food Authority Bill; the Livestock Bill, 2024; the Mung Bean Bill, 2022  and the Water Amendment Bill, 2023. 

Critics argue that these legislative proposals overlap with the roles of existing agencies within the Ministry of Agriculture, raising questions about their necessity and intent. 

Other bills include the Agriculture Professional Registration and Licensing Bill, 2024; the Nuts and Oil Crops Development Bill, 2023; the Horticultural Crop Authority Bill, 2024 and the Rice Bill, 2024.

Farmers fear that these proposed laws could criminalise essential agricultural practices, jeopardising their ability to feed their families and communities. They contend that these laws infringe upon their constitutional rights, undermining the foundational principles of local agriculture. 

Kilimo Cha Haki noted agriculture contributes over 80 per cent to Kenya’s GDP, highlighting the urgent need for protective measures instead of punitive regulations.  

The group also alleged a broader agenda to promote genetically modified organisms (GMOs) at the expense of local production. 

“The agriculture sector, which contributes more than 80 per cent of the country’s GDP, should be protected and farmers encouraged to do self-regulation e.g. Cooperative Societies, Saccos and local organisations working together with agriculture State agencies,” said the lobby. 

“Since the lifting of the ban on GMOs in Kenya, there seems to be an intent of taking over our food sovereignty that threatens our country’s food security. Not forget Agriculture and agriculture-related services contribute to 80 per cent of our GDP.” 

Kenya recently lifted a decades-long ban on GM crops in response to a severe drought, hoping to enhance crop yields and food security.

This decision has intensified concerns among farmers, who worry that the new bills align with the promotion of GMO crops, potentially allowing multinational corporations to dominate Kenya’s agricultural landscape. 

The lobby fears this shift could undermine local farmers, pushing them out of the market and threatening the nation’s food sovereignty. In response, Kilimo Cha Haki is rallying support from citizens and legal experts to challenge these bills in court. 

Recently, farmers gained temporary relief when the National Assembly rejected the Mung Bean Bill, 2022 at the second reading stage.

The bill sought to regulate the production, processing, and marketing of mung beans in Kenya, requiring individuals to obtain a license from the relevant county government. Non-compliance could lead to fines of up to Sh1 million or imprisonment for up to two years. Simultaneously, the Livestock Bill, 2024 introduced by Kikuyu legislator and National Assembly Majority Leader Kimani Ichung’wah, aims to establish a new authority to regulate inputs and products for various livestock, including cattle, pigs, and poultry. 

Agriculture remains the backbone of Kenya’s economy, with smallholder farmers playing a crucial role in job creation and food security. Experts warn that increasing regulatory burdens could significantly impact food security and rural economies. 

“It’s a tough time to be a farmer in Kenya,” said independent economist Njoroge Nyoro. He pointed out the challenges of needing licenses to plant various crops and keep livestock, with failure to comply resulting in hefty fines or even jail time. Additionally, farmers now face a five per cent tax on their earnings from farm produce.