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Macadamia farmers accuse AFA of bias for blocking nuts export

Business
 A farmer sorts out macadamia. [File, Standard]

There is outcry in the macadamia sector after the Agriculture and Food Authority (AFA) declined to issue exporters with prerequisite certifications.

The nut farmers and dealers say the regulator has declined to issue vital certification to the dealers despite a court order to enable them release the consignments to the market.

On Friday, Nut Traders Association of Kenya chairman Johnson Kihara said failure to adhere to the orders and issue the documents will expose the farmers and traders to heavy losses as tens of containers are lying in warehouses.

High Court judge Lawrence Mugambi extended the order to export the in-shell nuts to February 18 following a  petition lodged on November 13, last year by Eric Mbaabu Mwirigi and Edenswin Traders Limited. 

The implementation of the order to stop the harvesting and export was first suspended to December 6, before being extended to February 18, when further directions will be given. 

On December 6, last month, the court extended the order against outlawing  harvesting of macadamia nuts between November 2 and March 1, 2025,  to February 18 when the matter will be mentioned.

Mr Mwirigi said he will be moving to court to institute proceedings to commit the Agriculture CS and AFA Director-General to a civic jail.

“The directive is clear to the regulator to allow the export of the inshells to the foreign market,” said Mbaabu, adding that if the issue will not be resolved the price of the nuts will be affected at the farm gate.

The court had barred the CS and the AG from interfering with the proprietary rights of macadamia farmers, traders and exporters of procession of in-shell macadamia nuts.

“The Ministry and the regulator should follow the law to the latter and stop ignoring the court order and allow the free flow of the commodity to the market until February 18, when the matter will be mentioned in court,” said Kihara.

Mbaabu, through Mbichi Mboroki and Kinyua advocates, had moved to court seeking orders to stop the CS’ directive to stop the export of unprocessed macadamia nuts. 

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