Nyeri farmers win suit against county in coffee milling row

The High Court has quashed a circular issued by the county government compelling farmers to process their coffee at Sagana Coffee Millers.

Justice Jairus Ngaah has also stopped the county from plans to market coffee against the farmers’ will.

“The circular stands in the wrong side of the law and the county government should not in any way interfere with the milling and the marketing process of coffee by farmers,” said Mr Justice Ngaah.

He said it was out of order for the county to overlook the Constitution and effectively substitute its legislative arm with a task force whose recommendations are deficient in law.

The county government through its Ministry of Agriculture initiated a task force in 2013 to review the coffee sector and advice on the way forward.

Among the recommendations by the team, was that the cash crop in the county be milled at Sagana and that the Coffee Board of Kenya issues coffee movement licences through the county.

The devolved unit also wanted the farmers, cooperatives and factories to comply with the circular and allow it to market their coffee.

The county issued a circular dated October 30, 2013 to farmers compelling them to adhere to the task force recommendations. Aggrieved by the circular, the Mutheka Farmers’ Co-operative Society Limited which comprises Chorongi, Kaiguri, Kamuyu, Kiandu, Kigwandi and Kihuyo coffee factories moved to court and sued the county government and the Coffee Board of Kenya for denying them the right to process and sell their coffee to the millers and marketers of their choice.

The farmers, through lawyer Muthui Kimani, said the circular was oppressive, capricious and contravened the Constitution because it would be difficult for them to pay debts they owe to third parties.

They also said the county did not consult them and that the circular was restricting their freedom to contract buyer and marketer of their produce.

The Coffee Board of Kenya supported the farmers and said although they are the regulators of permits, they allow farmers to pick millers and marketers of their choice.