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{
    "id": 1213681,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1213681/?format=api",
    "text_counter": 52,
    "type": "speech",
    "speaker_name": "Ainabkoi, UDA",
    "speaker_title": "Hon Samwel Chepkonga",
    "speaker": null,
    "content": "5. Was to provide for the various forms to be used for applications, collection and maintenance of data in compliance with the regulations. 6. To ensure improvement of coffee standards and increase production and support. The Committee considered these Regulations as published on the 9th of June 2022, vide Legal Notice No. 102 of 2022 that was submitted to the Clerk of the National Assembly on the 9th of June 2022 during the time of elections. That is the reason why these Regulations were not considered immediately because the House thereafter proceeded on Sine Die recess because of the General Elections. These Regulations were laid in the House on the 4th October 2022 within the statutory timeline set out in Section 11(1) of the Statutory Instruments Act. Under Articles 10 and 118 of the Constitution as read together with Section 5(a) of the Schedule and the Statutory Instruments Act, together with the Standing Order 210 requires that every Regulation making Authority and persons to conduct public participation and sufficient consultation with the stakeholders and persons likely to be affected by the Regulations. The Committee noted with concern that contrary to the requirements that regulation making authorities or bodies conduct public participation and sufficient consultation with the stakeholders and persons likely to be affected by the Regulation, public participation was not sufficiently conducted with those that have been affected by these Regulations. The Council of Governors vide a letter dated the 12th May 2022, addressed to the Cabinet Secretary for Agriculture, Livestock, Fisheries and Co-operatives, raised concerns that the Regulations as published by the Minister then was contrary to the provisions of Section 1(2) of the Fourth Schedule of the Constitution for failure by the Ministry to consult the Council of Governors. As you know, this is a devolved function, so it was expected that the Minister for Agriculture consults the Council of Governors or Governors themselves because this is a function that has been devolved. The fifth thing that we noted is that coffee farmers, in a letter that was addressed to the Clerk of the National Assembly and copied to the Chair of the Committee Delegated Legislation, also expresses concerns on the failure by the Ministry to incorporate or consider their proposals in the published Regulations. These Regulations, if approved, will adversely affect coffee farmers as they have already stated as areas in which they suspect or they think will adversely affect them and those who were pointed out to the Ministry of Agriculture and there was no sufficient stakeholder participation as required by Article 118 of the Constitution. These Regulations have, therefore, infringed on the Constitution. The sixth thing that we noted is that these Regulations were supposed to give farmers an opportunity to grow, mill and sell their own coffee. The main effect being that these amendments would lead to extending the licences of previous players in the coffee value chain industry, and continue to exclude coffee farmers and millers from the trade of their produce. The Capital Markets Authority policy is that all commodity exchange is regulated through Capital Market Coffee Exchange Regulation, 2021. If these Regulations are approved, they will be in contravention of these particular Regulations that have curtailed the presence of cartels in the coffee industry. As you know, there are people who have several companies and licences for milling and marketing. The same persons with two different licenses have indeed made the coffee industry to be perverted with cartels and brokers to the detriment of coffee farmers who are suffering because there have been too many deductions along the value chain and so the money that goes to the farmer at the bottom, is very minimal and therefore, discouraging to the coffee farmers. This is why you see most coffee farmers are saying they would rather cut down the coffee trees instead of continuing to grow them because they neither benefit nor see value for it. These Regulations are going to infringe on the rights of coffee farmers. 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."
}