Court suspends directive on macadamia harvesting, export

The Ministry of Agriculture has suffered a blow after the High Court temporarily suspended implementation of a directive that stopped harvesting of macadamia nuts.

High Court Judge Lawrence Mugambi on Friday halted the directive issued by Agriculture Cabinet Secretary Andrew Karanja.

Then suit was filed by macadamia farmer rights crusader Erick Mwirigu Mbaabu, and Edenswin Traders Limited on November 13, 2024.

Mbaabu through Mbichi Mboroki and Kinyua Advocates moved to court seeking orders to halt the CS’s directive stopping the export of unprocessed macadamia nuts (raw).

The petitioners argue that nuts in Meru, Embu, Nyeri and Kirinyaga counties are already mature contrary to the claims by Karanja, and the same cannot wait until March for harvesting. 

“The respondent is barred from interfering with the proprietary rights of macadamia farmers, traders and exporters of processed in shell macadamia nuts,” ruled the Judge.

In the directive, the CS had indicated that export of processed macadamia nuts is more beneficial to Kenya, than exporting the raw nuts (in shell).

 The CS had further directed the players in the macadamia sector to submit current stock for inspection, verification and clearance  by November 15, 2024. 

Mwirigi argued that the CS lacks jurisdiction to suspend harvesting of the commodity as purported in the ministerial order of October 22, 2024.

“The ministerial order is oppressive, unreasonable, illegal and skewed in favour of processors and shall disenfranchise the nut farmers by creating an artificial market shortage, low prices, creating monopoly, and shall only benefit the processors,” he said.

He said that the order was issued without public participation or consultation with farmers across the country. 

 At the same, Nut Trader Association of Kenya members said the public participation meetings held in the counties were shoddy.

 The members led by their national chairman Johnson Kihara argued that the mode of inviting the members was not convincing as only a handful of farmers managed to attend.

Peter Mwangi from Gatanga said the meetings ought to have been held in the market centres near the growers instead of being convened in hotels.

In Murang’a and Kiambu, the meetings convened by Agriculture and Food Authority (AFA) were held in hotels, where only a handful attended.

“The public forums were a sham as processors ferried those who have contracted, as the majority failed to turn up,” said Mwangi.

Mercy Mukami, a nut dealer, says tonnes of the commodity are lying in the godowns after they were inspected by AFA.

“The commodity is lying in the stores awaiting clearance and authority by the CS for shipment,” said Mukami.