Two sugarcane farmers have moved to court to challenge resolutions the government and millers passed on the zoning of cane harvesting.
The High Court certified as urgent the case filed by Wilson Kilusu Kimanu, a farmer from Trans Mara and James Odhiambo, a cane farmer from Nyando, challenging the move to restrict the harvesting of cane to regions.
The two farmers argue that the resolutions criminalise the free transfer and disposal of sugarcane by farmers and will further sanction unlawful arrests, intimidation and harassment of the cane growers.
“I have read the applicants’ two applications dated August 8, 2023, filed under certificates of urgency of even date. The applications are hereby certified urgent,” said Justice Jairus Ngaah.
The judge, however, declined to suspend the resolutions passed on May 24, seeking to introduce zoning of cane in the sugar industry and announced on July 25, pending the determination of the case.
He directed the mentioning of the case on September 18 for directions.
The two farmers have sued the Agriculture and Food Authority and named 18 sugar millers, including Nzoia Sugar, Butali, Trans Mara, Butali Sugar Mills, Busia Sugar Industry and West Kenya Sugar Company.
The delineation of sugar regions was informed by the recommendations of the Sugar Industry Task Force Report in 2019, which farmers rejected because it sought to introduce zoning.
“Despite these resolutions having a direct impact on farmers, who actually own these cane and as such have a right to dispose of them as they desire, they were not consulted nor were their views on these resolutions sought.”
They say based on the resolutions, many farmers have been arrested, intimidated and harassed by police, who equally confiscate their cane.
The duo say the resolutions are illegal in so far as they seek to introduce and reinforce zoning of the sugarcane sector which has severally been declared by courts as illegal and against farmers’ right to property.
They further argue that the resolutions are also contrary to the statute as they seek to override the Competition Act as well as the Crops Act, whose objects are to promote free trade and competitiveness in the crops sector.
“The resolutions are incapable of implementation without violating the farmers’ right to liberty and freedom from arbitrary arrests, right to property as well as right to livelihood,” he said.
Millers were urged to respect sugarcane contracts entered between the growers and other millers and allow farmers to sell their cane to the millers that they had entered contracts with.
