New coffee rules unlawful, court rules

The new coffee regulations gazetted last month to resolve problems facing the sector have been declared unlawful.

High Court Judge George Odunga issued the order and directed Agriculture Cabinet Secretary to ensure new rules are passed within 30 days of the first sitting of the next Parliament.

The judge has also barred the CS Willy Bett and the Principal Secretary from implementing the regulations.

Justice Odunga also quashed a report by the National taskforce on coffee sub sector reform.

He ruled that it is more proportionate to rectify defects in a course before it is implemented and causes loses to the public whom it is intended to profit or protect.

He said the regulations are invalid and would expose Kenyans, who rely on the coffee industry such as farmers, marketers, millers to a state of uncertainty.

The court made the ruling in a case in which the Council of Governors and the New National Farmers Association's chair Harrison Munyi sued the CS, the PS, the coffee taskforce and the Attorney General.

According to the CoG, the taskforce was set up to help find solutions to problems that have been bedevilling the coffee sector for many years.

They claimed a report presented by the taskforce and was forwarded to President Uhuru Kenyatta omitted pressing issues raised by farmers during public hearings.

The governors alleged that whatever information contained in the report favours personalities in coffee industry and not ordinary farmers.

They also alleged that the regulations had been passed without public participation.