How new safety rules will lock out millions of farmers from market

The government is planning to enforce stringent farm regulations that could prevent more than three million farmers from selling fruits and vegetables in the Kenyan market.

The mandatory rules, which the government has stated will be “anchored in law”, could mean only large-scale farmers, companies and importers will be permitted to supply fruit and vegetables in Kenya, with traders who buy produce from farmers who are nor certified risking stiff penalties.

The penalties will apply to middlemen, distributors, processors or any direct buyer who purchases fruits and vegetables from a farmer who has not been certified as having implemented the 55-page, mandatory, KS1758 Kenyan standard.

Presented publicly as a food safety measure, the standard applies over 500 new rules for farmers that could cut off supplies of over 90 per cent of the country’s locally consumed fruit and vegetables.

Farmers will be required to apply for National Environment Management Authority (Nema) licences to grow vegetables at a minimum cost of Sh10,000 per licence, carry out soil and water analyses at a cost of Sh2,500 to Sh5,000, pay for certification with a national or international standards certifier, and prepare dozens records, including analysing the nutrient content of any compost or manure they use.

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International agricultural Non-Governmental Organisation CABI said in July that it would not be possible for individual farmers to cover the cost of certification.

Its conclusions followed an aid-funded project that enabled certification of the only farmers groups yet to be certified, accounting for around 70 of Kenya’s 4.5 million farmers. Rough estimates suggest the cost is likely to exceed Sh250,000 per farmer.

A study of Kenyan smallholder farmers done by Mercy Corps found that two-thirds of farmers earn less than Sh7,740 a month from their produce - although the average earnings from fruit and vegetables is higher.

In an interview, the spokesman for the Horticultural Crop Directorate (HCD) of the Agriculture and Food Authority (AFA) Collins Otieno confirmed that all farmers will be required to adhere to the standards, which also require farmers IDs, plot records and growing records to be kept and submitted to every produce buyer.

HCD, as well as other agricultural organisations, including the large-farmer lobby groups, the Fresh Produce Consortium of Kenya, and FPEAK, as well as international agricultural organisations have confirmed the rules will be mandatory for farmers selling produce in Kenya.

Yet, despite intense foreign-aid funding by TradeMark Africa for workshops, strategies, and the implementation of the new rules, none of these organisations has addressed the scale of disruption that will be caused to the country’s food supplies, or the temptation for enforcers to accept bribes where no alternative food sources are available for buyers.

Horticulture is the largest agricultural sub-sector in Kenya. In a national survey of 155 farmers in January 2024, 78 per cent reported growing at least one horticultural crop on their farm.

According to an analysis of Kenyan smallholder farmers, these crops earn the country’s farmers an average total monthly income of Sh21,115.39 a month.

The new rules have been laid out in the Kenya Standard 1758: 2016 (KS 1758) Horticulture Industry Code of Practice.

Before sowing a seed, farmers will be required to get an Environmental Impact Assessment Licence from Nema which costs a minimum of Sh10,000.

Farmers selling vegetables, fruits, spices or herbs in Kenya will also be required to apply fertiliser only after conducting “regular” soil, water, or plant tests.

Yet the tests required typically cost a minimum of Sh2,500 for a soil analysis and Sh4,700 for water tests from the Kenya Forestry Research Institute, effectively moving the application of fertiliser out of reach for most farmers.

Moreover, despite more than half of farmers having only a primary level education and an average age of 60 years, if they use animal manure or compost, they will be required to calculate its nutrients and analyse the impact it has on their crop yields.

To use pesticides on their farms, horticulture farmers will be required to prove they have recently attended a course on using pesticides or hire someone trained in mixing and handling pesticides.

To get a certificate in pest control, they will need to undergo two-week course, which costs Sh60,000.

Farmers will also be required to keep records of two annual mandatory medical checkups that must include samples of blood cholinesterase levels for anyone handling pesticides.

It will also be a requirement that there are trained first aid personnel within the farm. According to St John Ambulance College, first aid training in Kenya costs Sh2,000 to Sh15,000. A refresher course is expected every two years.

Under the new rules, to then sell their produce in local markets, farmers will have to be logged into the National Horticulture Traceability System (NHTS).

This mobile application developed by AFA and USAID in 2023 will record information such as their name, ID, their farm ID, the farm’s location and block number, a record of the inputs they used, such as fertiliser, pesticides, and their supplier, the harvest date, the best before date and the quantity and weight of produce they intend to sell, among other details.

NHTS, which will be available to download on Google Play store, will require farmers to put labels with Quick Response (QR) codes on their farm produce that will contain all the above information and can be scanned and retrieved by buyers or consumers.

The KS1758 certifications themselves will be done by national and international certification bodies, including Bureau Veritas, which have keenly pursued the development of the compulsory standard.

No information is yet available on the direct cost of the final certification process per farmer, but standard certifications typically cost from $3,000 to $6,000 each.

TradeMark Africa has not responded to requests for the funding rationale and impact analysis underlying the funding of Kenya’s mandatory KS1758 changeover.