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{
    "id": 1112927,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1112927/?format=api",
    "text_counter": 27,
    "type": "speech",
    "speaker_name": "Murang’a CWR, JP",
    "speaker_title": "Hon. (Ms.) Sabina Chege",
    "speaker": {
        "id": 884,
        "legal_name": "Sabina Wanjiru Chege",
        "slug": "sabina-wanjiru-chege"
    },
    "content": "THAT, the CMA communicated to the Nairobi Coffee Exchange (NCE) and published a public notice to the effect that it had licensed the above firms to carry out the coffee marketing function. THAT, the above firms underwent a rigorous and stringent application process, including obtaining no objection letters from the NCE, pursuant to Regulation 8(2)(c) of the Coffee Exchange Regulations. THAT, in a surprise move, the Cabinet Secretary for Agriculture, Livestock, Fisheries and Co-operatives disregarded the new legal and regulatory framework and unilaterally issued LegalNotice No.104 of 2021, purportedly amending the Coffee General Regulations to extend agent licences from 1st July 2021 to 30th June 2022. THAT, whereas the foregoing action by the Cabinet Secretary has the force of law hence requiring scrutiny and approval of the National Assembly in accordance with the Statutory Instruments Act, the CS sidestepped this House and exercised the delegated legislative authority. THAT, in an attempt to remedy the above usurpation of legislative authority of this House, the CS by revoked Legal Notice 104 of 2021, once again issued a draft Legal Notice on 25th August 2021 extending coffee marketing licences on unfounded grounds that the CMA was yet to have the brokers’ licences. THAT, when the United Eastern Kenya Coffee Marketing Company, a duly licensed broker, applied to be admitted to the NCE auction floor and be allocated lots range and brokerage code, the NCE rejected the application on 9th August 2021, citing Legal Notice 104 of 2021, which is not only unlawful, but was also revoked by the CS. THAT, the decision by the NCE amounts to a selective application of the law given that it had previously set a precedent by admitting the Meru County Coffee Marketing Agency Limited to the auction floor under a broker licence issued by the CMA. THAT, the above malpractice offends sections 11(3)(i) and 11(3)(w) and 22A of the Capital Markets Authority Act and Regulations 6(e) and 6(h) of the Coffee Exchange Regulations that obligate the CMA to grant reasonable access to auction by all licensed entities and requires the CMA to direct the NCE to facilitate their participation in auction. THAT, although the Coffee General Regulations and the Coffee Exchange Regulations came into force in 2019 and 2020 respectively, the CS has demonstrated lethargy in pursuing their full implementation as evidenced in the delay to have a board to manage the CME and cause the CME to select a provider for the Direct Settlement System (DSS). THAT, if the malpractices surrounding issuance of coffee marketing licences are not immediately forestalled, the coffee sub-sector is at the risk of reverting to the old dispensation. THAT, to the best of the Petitioner’s knowledge, the issues in respect of which this Petition is made are not pending before any court of law, or constitutional or legal body. THEREFORE, your humble Petitioner prays for intervention of this House, through the Departmental Committee on Agriculture and Livestock to: (i) Inquire into the circumstances under which the CS of Agriculture, Livestock, Fisheries and Co-operatives unlawfully amended the Crops (Coffee) (General Regulations), 2019 through Legal Notice No. 104 of 2021 and issued a legal notice without following the process set out in the Statutory Instruments Act. (ii) Declare that Legal Notice No. 104 of 2021 and any other legal notices issued by the CS of Agriculture, Livestock, Fisheries and Co-operatives are unlawful, null and void since they were not subjected to public participation and parliamentary scrutiny as required under the Statutory Instruments Act. The electronic version of the Official Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor."
}