Proposed Bills spark fears of high food costs, burden to farmers

Livestock traders dealing with goats and sheep at Kimana Livestock Market located Kimana area in Kajiado Central Sub County and Kajiado County [Nanjinia Wamuswa, Standard]

You will now need proper credentials and identification details to sell your cows, chickens, sheep, goats, pigs, fish, or rabbits.

Under the proposed livestock bill, even horses, donkeys, mules, and ducks— classified as livestock—must be labelled. Each label will detail the breed, date of birth, and any additional information deemed necessary by the Agriculture Cabinet Secretary or county officials.

It remains unclear whether the law targets corporate entities involved in livestock or applies to all animal keepers.

“Livestock” includes cattle, camels, sheep, goats, pigs, poultry, lagomorphs, companion animals, drought animals, bees, any emerging livestock, or any wild animal, bird, or reptile in a state of captivity, and includes their young ones,” the Bill says, adding that breeders will be registered under this Act and hold a valid license to operate as a breeder.

In a country where obtaining an Identity Card or passport often requires bribes and government levies, the new proposed Bills in Parliament, could impose similar burdens on farmers.

Additional costs

While intended to streamline the sector, critics argue the 19 Bills could harm both farmers and consumers. The Bills, sponsored by President William Ruto’s allies, target all aspects of agriculture, from products and seeds to transport and markets. They aim to establish new regulatory bodies, adding more layers of bureaucracy while criminalising common practices.

These Bills, if passed, would establish over a dozen new authorities and institutions to manage the agriculture sector, introducing additional certifications and levies at every stage of production, further raising the cost of food. To streamline enforcement, the government also plans to create a national database tracking livestock, breeders, associations, and service providers in the sector.

“A person who removes, alters, or damages an animal’s identification without the owner’s consent, or brands an animal with unregistered marks, commits an offence. On conviction, they can face a fine of up to Sh100,000 imprisonment for up to six months, or both,” the Bill, tabled by Kikuyu MP Kimani Ichungwa, says.

“An identification code shall be attached to significant breeding animals for identification. For local commercial purposes, this may include an ear tag (plastic or metal), tattoo, ear notching, freeze branding, sketching, or an electronic device like transponders. For export animals, identification can be a tattoo or photographs of both sides and the head of the animal,” the Bill says.

Just when the country has begun receiving long rains to improve the food basket following a prolonged drought, the 19 new Bills in Parliament threaten to make it more expensive for farmers. This comes at a time when the government reports that one million people still face hunger.

“The food-insecure population has reduced from about 2.0 million in February 2024 to one million in July 2024, thanks to above-average rainfall that enhanced crop and livestock production,” the National Drought Management Authority stated in its report this month.

Like farmers, other stakeholders in the agricultural sector fear that the proposed Bills could burden them with numerous licenses and fees, driving up costs, forcing them out of business.

 Education qualifications

Another Bill, Agricultural Professionals Registration and Licensing Bill 2024 introduced by Tigania West MP John Mutunga seeks to elevate educational qualifications for those selling critical farm inputs, such as fertilizers and animal feeds.

If passed, the law would mandate that individuals in this business hold a degree, diploma, or certificate in agriculture. It also proposes the creation of the Agricultural Professionals Registration and Licensing Board, tasked with overseeing registration, annual licensing, and regulation of practitioners in the sector.

“A person who, without eligibility under this Act, manages or dispenses agricultural inputs such as fertilizers, feeds, or chemicals commits an offence punishable by a fine of up to Sh200,000, imprisonment for up to two years, or both,” states the Agricultural Professionals Registration and Licensing Bill 2024.

The Bill mandates annual license renewal fees and adds agricultural professionals to regulated occupations like doctors, lawyers, and engineers. Mutunga says it aims to streamline the sector with clear guidelines on training, registration, and licensing.

The Water Amendment Bill, allowing public-private partnerships (PPPs) on water bodies, would leave farmers at the mercy of water controllers, with small farmers facing an uncertain future if the bills pass.

Stakeholders have criticised Water Bill. “Allowing individuals to construct dams and dictate water terms will make farming unaffordable and uncompetitive,” Mary Kathomi of Kilimo Cha Haki, a lobby group said,

Stakeholders warn that requiring paid certificates for water use, farming, transport, and markets will introduce more regulations and costs, further burdening farmers already struggling to compete with cheap imports.

Dr. Joseph Mugachia, a livestock farmer, a veterinarian and runs livestock hospital in Nairobi, criticised Parliament for lacking technical input from agricultural and policy experts. He warned that the proposed laws would increase consumer prices, burden farmers with costly and punitive regulations, and likely lead to food shortages and reliance on imports.

“The high cost of production and heavy penalties will push many farmers to abandon their work,” Mugachia said. “Agriculture should be treated as a patriotic duty, as it is in developed nations that prioritise food security.”

Vimal Shah, a manufacturer, echoed this sentiment at the National Agriculture Summit, urging the government to delay new regulations for six months to better understand farmers’ challenges.

Mugachia agreed, emphasising that Kenya is already over-legislated, and the implementation of existing laws is poor.

He suggested that instead of new laws, the government should analyse and improve existing policies, addressing gaps rather than overregulating the sector. He urged a more thoughtful approach, focusing on practical changes and a mindset shift among all actors in the agricultural system.

“The government should enforce existing policies and evaluate their effectiveness before introducing new ones to protect consumers. These Bills fail to balance regulation and affordability, discouraging farmers and worsening food shortages and prices,” Dr Mugachia said.

Kilimo Cha Haki further criticised the Bills, noting that Kenya has 15 state agencies already perform similar roles, questioning their effectiveness.

“The Bills are punitive and unconstitutional, violating our rights as Kenyans,” the group said.

 Struggling citizens

The farmers’ advocacy group, warns that the proposed laws could destabilise Kenya’s agricultural sector, violating over 50 constitutional articles and imposing heavy burdens on farmers. The Bills threaten to centralise control, raise costs, and undermine farmers’ autonomy, pushing millions into hunger.

Kilimo Cha Haki stresses that these Bills could devastate food access in a country where many live paycheck to paycheck.

“We are already struggling with rising input costs. I sell from groceries on the streets, and already, people’s purchasing power is low,” Mary Atieno, a hawker said, adding, “And we already know anything that goes to Parliament is about taxing us.”

Nderitu Mundia, a former journalist turned farmer, was unaware of most of the proposed Bills despite the public participation process. “I’ll get back when I read them,” he said.

Wambui Njeri, a mother of three in Nairobi, said, “If prices rise because of these Bills, I don’t know how we’ll survive.”

Mugachia warned that low-income households will suffer most from increased food prices. “These families already spend a large portion of their income on food,” he said.