The Kenyan government’s proposed Horticultural Crop Authority Bill 2024 introduces stringent regulations on farming, with heavy financial burdens imposed on the nation’s smallholder farmers. These regulations, aimed at standardizing agricultural practices, could prevent over 3 million farmers from selling their produce, primarily fruits and vegetables. While the government claims these measures are necessary for improving food safety and environmental sustainability, the financial weight placed on subsistence farmers raises concerns about the viability of farming as a livelihood and the country’s food security.
The Costs of Compliance: A Heavy Burden on Subsistence Farmers
Under the new regulations, farmers are required to:
- Apply for a NEMA license, costing KSh10,000
- Pay for soil tests (KSh2,500) and water tests (KSh4,700)
- Obtain a farming certification at KSh5,000
- Acquire a Pest Control Board license for KSh60,000
- Undergo mandatory first aid training at KSh15,000 every two years
While these costs may be manageable for large-scale commercial farms, they are far beyond the reach of most subsistence farmers, who already struggle with rising costs of inputs like seeds and fertilizers. Many of these farmers depend on their small plots of land for survival, growing crops to feed their families and sell the surplus to local markets for income. For such farmers, the cost of obtaining licenses, certifications, and complying with various regulations would cut deeply into their already minimal profits.
Moreover, the bill makes it illegal to purchase produce from unlicensed farmers, a measure that could result in farmers facing penalties or even jail time if they attempt to sell their produce without meeting the legal requirements. This poses a serious threat to farmers in rural and remote areas, who are often disconnected from formal markets and rely on middlemen or informal transactions to sell their produce. With the new regulations, their access to market will be significantly restricted, pushing many further into poverty.
The Implications for Kenya’s Food Security
Kenya’s food security is closely tied to its smallholder farmers, who contribute significantly to the national food supply. According to the Food and Agriculture Organization (FAO), small-scale farmers produce about 70% of Kenya’s food. If these farmers are priced out of the market by the high cost of compliance with the new regulations, the country could face a significant decline in the production of key food crops such as vegetables, fruits, and grains.
This decline in production would come at a time when Kenya is already grappling with food insecurity exacerbated by climate change, droughts, and fluctuating global food prices. With fewer farmers able to meet the new legal requirements, a substantial portion of the food produced in the country may never reach the markets. This could lead to higher food prices, making basic foodstuffs unaffordable for many Kenyans, particularly those in low-income households.
Furthermore, reliance on large-scale commercial farms to fill the gap left by smallholder farmers could lead to increased food imports, undermining Kenya’s efforts to become self-sufficient in food production. Imported food is not only more expensive but also subject to supply chain disruptions and international market fluctuations.
A Need for Balance
While the government’s goal of improving the quality and safety of Kenya’s agricultural output is commendable, the heavy-handed approach of the Horticultural Crop Authority Bill 2024 risks sidelining the country’s most vulnerable farmers and damaging Kenya’s overall food security. A more balanced solution is needed—one that ensures food safety while also supporting and empowering subsistence farmers. The government should explore ways to subsidize compliance costs for small-scale farmers, provide access to affordable credit, and offer more flexible timelines for meeting regulatory requirements.
Without such measures, Kenya risks deepening rural poverty, exacerbating food insecurity, and undermining the very agricultural sector it seeks to strengthen.
