Monday theme 5 1415 1430 room 5 kuria

1. Slide 1
INADEQUATE POLICY AND CHALLENGES OF IMPLEMENTING REGULATIONS IN THE
POTATO SUBSECTOR IN KENYA
NATIONAL POTATO COUNCIL OF KENYA
10th Triennial African Potato Association (APA) Conference, 9th -
13th October, 2016. Addis Ababa, Ethiopia
By Sarah Kurua
10/10/2016

2. Slide 2
Potato subsector in Kenya
 Potato is grown by about 800,000 smallholder farmers
 It employs 2.7 million actors along the marketing
channels
 Contributes over Kshs 50 billion to the Kenyan
economy (compared to maize-Kshs 120 B)
 However, the industry has potential to contribute more
to the development of the economy if supportive
regulations and policies are put in place
 There is need for supportive regulatory framework and policy
environment that will lead to an efficient potato value chains

3. Slide 3
Subsector Challenges in Policy and Regulatory Framework
 Seed regulations currently in use are biased towards cereals and
pulses
 There have been inadequate Budgetary, Institutional and Policy,
Support for potato sub-sector
 There is still no clear policy guideline on importation of seed potato
and other potato tissues
 There is inadequate adoption and implementation of the launched
national potato strategy and enforcement stipulated legal framework
 Inadequate implementation and enforcement of regulation on 50Kg
maximum packaging bag and lack of incentives for adopting suitable
packaging materials (Jute or sisal bags for Seed and Ware potato)

4. Slide 4
Importance of Policy and Regulatory Framework in Sub-sector
Development
 Helps in guiding investments (priority-based) and orienting efforts by stakeholders and
development partners for improved efficiency and leveraging
 Helps in planning programmes and projects for maximum benefits and impact
 Helps in resource mobilization and improved budgetary allocation
 Helps improve availability and use of inputs and improved information flow leading to
increased productivity and profitability
 Helps in organization and coordination of the subsector activities leading to improved
productivity, standards and quality of potato in the market which helps in transforming
the potato industry
 Basis for development partners’ support
 Helps guide and promote private sector involvement in activities of the subsector
potato
 Guide in monitoring and evaluation

5. Slide 5
Challenges of implementing Potato production and Marketing
regulations in Kenya
 The genesis of fast tracking potato regulations and standards came as a
result of a demand by potato growers in the major potato growing areas
who requested for government intervention.
 A survey that was conducteddemonstrated great variability in the weight of
extended bags that varied from 130 to 280 kg, with no consideration of
price
 Three stakeholders’ consultative workshops were conducted between 2003,
and 2005.
 This resulted in a standard bag size being set at 110 kilograms. The Legal
Notices 44 of 2005 of Ministry of Agriculture and Legal Notice 113 of 2008
of Local Government adoptive by-laws.
 The Legal Notice 44 was drawn under the Crop Production and Livestock Act, Cap 321
and covered seed and ware potato production and marketing regulation and standards

6. Slide 6
Current status of policy and regulations
 Since 2013 when AFFA Act and Crops Act were enactment following new
constitution iti meant that the legal notice 44 of 2008 pegged on the old
Crop Production and Livestock Act, ceased to apply
 The legal notice 113 of Local Government also ceased to apply after
devolution took effect
 The AFFA Act capped packing weight of any produce at maximum of 50 kg
and pricing by weight (kg), in line with requirements of International
Labour Organization (ILO) and Eastern and Central Africa harmonized
marketing standards.
 This provision informed gazattement of a Public notice by the Cabinet
Secretary, appearing on daily papers dated 13th November 2014

7. Slide 7
Key Bottlenecks in Implementation and
Enforcement of 50Kg Packaging
 Existence of key regulations in two different Acts (AFFA Act No 13, Part VII, Section
42 on Measurement of Weights, requires that measures of weights be in Kilograms
and each single package shall not exceed weight of 50 kilograms while the Crops Acts
Part VII, Section 37, provides for the General penalties for contravening of any section
of the Acts)
 Misinterpretation of the Acts that support 50kg standards package by the court and
discontentment by a section of the value chain actors has lead to long standing court
case
 Lack of harmonized approaches, unnecessary bureaucracies and disagreement on
mandates between County and National government have posed challenges
 Lack of back up by-laws at county levels to support the National laws and Regulations
eg charging cess by weight rather than by bag
 Inadequate incentives to support implementation of policies and regulations at both
national and county levels

8. Slide 8
Proposed Solutions
 The role played by potato as the second important cash and food crop after
maize should be recognized thus given more attention in policy, budgetary and
institutional support
 Policies and regulations should be formulated consultatively, involving key
stakeholders and enforcement arms to ensure ownership and implementation by all
players
 In case of Kenya, formulation of by-laws at county levels to support
implementation of national laws and regulations is very critical
Involvement in formulation and implementation of relevant arms of the government
(judiciary, executive and legislature) is very critical for success of the sub-sector
regulations
Creating awareness for all stakeholders and value chain actors for ease of
implementation is also important
National Potato Council is working with National and county government,
regulatory bodies and other key players to address the bottlenecks in potato
production and marketing regulations

9. Slide 9
Examples of extended bags
To transform potato subsector
we must support adoption of
standards in production and
marketing

10. Slide 10
Thank you