Packaging of potatoes will remain capped at 50 kilogramme at the farm-gate after the High Court ruled, offering relief to farmers exploited by middlemen over the years.
A group of 17 traders had moved to court seeking to quash a 2014 directive by the Agriculture Food Authority (AFA) that potatoes only be packaged in bags not exceeding 50kg, terming it unconstitutional since they were allegedly never consulted.
They also wanted the court to issue an order stopping the police from arresting and prosecuting them on the basis of having potatoes packed in gunny bags exceeding the limit.
Led by Mr Julius Mutiga, the traders had urged court to bar government from implementing Section 42 of the Agriculture Fisheries and Food Authority Act, 2013, which makes it illegal to package potatoes in bags of over 50 kilogrammes.
But justice Weldon Korir said in issuing the directive AFA was simply restating the law and therefore the directive was valid.
He added that the case had been overtaken by events after coming into force of the Crops (Irish Potato) Regulations, 2019 which replaced the disputed directive.
Justice Korir cited regulation 19(1) & (2) which provides that 'the unit of measurement of all Irish potatoes shall be the kilogramme. Section (2) states “the maximum weight for each single unit of package of Irish potatoes shall be 50 kilogrammes”.
AFA told the court that the disputed directive was issued to curb exploitation of farmers by middlemen who did not adhere to the measurement requirements leading to huge price differences of up to 1000 percent as a result of usage of extended bags of 130–260 kilogrammes.
It added that the directive was guided by international best practice including the International Labour Organization’s Convention No.128 of 1967 which recommended a maximum weight of 50 kilogrammes for crop packaging.
The court heard that the recommendation was adopted by Kenya in 2012 through Kenya Bureau of Standards/East African Standard. Further, that the Convention in any case form part of the laws of Kenya by virtue of Article 2(5) & (6) of the Constitution.
The traders had argued that the directive had caused them suffering and losses stemming from harassment by county governments and the police.
They also claimed that buyers were refusing to purchase potatoes in the smaller sacks.
However, the Ministry of Agriculture said the claim was far-fetched as the farmers have the liberty to adjust prices in line with the size of the package
Unlock a world of exclusive content today!Unlock a world of exclusive content today!
