An advocacy group has laid out multiple legal breaches within Kenya’s draft sugar regulations.
The sugar campaign for change SUCAM, has urged the Ministry of Agriculture’s Sugar Industry Task Force to observe Kenya’s constitution, trade agreements, and existing legal framework.
In one of multiple legal breaches, SUCAM drew attention to the requirement in the existing draft agreement that all farmers and millers be members of apex bodies in order to engage in sugar production.
“This requirement flies in the face of the “freedom to be members” of associations as spelt out in section 14 of the Crops Act as well as Article 36 (2) of the Constitution, which guarantees the right that “a person shall not be compelled to join an association of any kind,” said Saulo Busolo SUCAM Chairman.
He said it is within the boundaries of the law to recommend that farmers join an association, but it is beyond the authority of the Ministry of Agriculture to dictate compulsory membership of any association.