The High Court has temporarily suspended the Ministry of Agriculture's directive halting the harvesting of macadamia nuts. This follows an earlier order by Agriculture Cabinet Secretary Andrew Karanja to ban the export of unprocessed macadamia nuts. The suspension was granted by High Court Judge Lawrence Mugambi on November 13, 2024, in response to a legal challenge filed by macadamia farmer advocate Erick Mwirigu Mbaabu and Edenswin Traders Limited.
The petitioners contested the directive, arguing that macadamia nuts in regions such as Meru, Embu, Nyeri, and Kirinyaga are ripe for harvesting, contrary to the claims made by Karanja. They emphasized that the nuts could not be left unharvested until March as initially directed. In response, Judge Mugambi ruled against any interference with the proprietary rights of macadamia farmers, traders, and exporters, particularly concerning processed in-shell macadamia nuts.
The directive from the CS pointed out the benefits of exporting processed over raw macadamia nuts for Kenya. It also required stakeholders in the macadamia sector to submit their current stock for inspection, verification, and clearance by November 15, 2024. However, Mwirigi challenged the CS's authority to suspend harvesting, labeling the ministerial order as oppressive and illegal, arguing it favored processors to the detriment of farmers by potentially creating a market shortage and low prices.
Furthermore, the Nut Trader Association of Kenya criticized the public participation process, describing the meetings as inadequate and poorly attended. They suggested that the meetings should have been held closer to the farming communities for better accessibility. Additionally, concerns were raised about the storage of macadamia nuts, with large quantities awaiting clearance for shipment, thus highlighting the directive's impact on the sector's operations.
Source: The Standard