How KS 1758 new safety rules will lock out millions of Kenyan farmers from market

The government is preparing to enforce the harshest farm regulations in the world in a move that will prevent more than three million farmers from selling fruits and vegetables in Kenya.

This is through KS 1758 Horticulture Industry Code of Practice. and I know many of you are asking, What is KS1758 in Kenya?

KS1758 is a set of Kenyan standards, specifically focused on sustainable agriculture and trade practices. It includes requirements for the production, processing, and supply chain of agricultural goods to ensure they meet sustainable and ethical standards.

The “KS1758 changeover” likely refers to a transition or shift to complying with these standards, typically in agriculture or farming. The KS1758 standards are split into two parts:

  1. Part 1: Fresh Fruits and Vegetables.
  2. Part 2: Flowers and Ornamentals.

The changeover could involve adapting farming practices to meet these guidelines, which cover issues such as good agricultural practices (GAP), labor conditions, environmental conservation, traceability, and food safety.

Compliance with KS1758 can open up new markets, improve product quality, and ensure alignment with global standards.

The mandatory rules, which the government has stated will be ‘anchored in law’, will mean only large farmers, companies, and importers will be permitted to supply fruit and vegetables in Kenya, with any trader buying fruit and vegetables from uncertified farmers facing stiff penalties.

The penalties will apply to middlemen, distributors, processors, or any direct buyer who purchases fruit and vegetables from any farmer who has not been certified as having implemented the 55-page, mandatory, KS1758 Kenyan standard.

Presented publicly as a food safety measure, the standard applies over 500 new rules for farmers that will cut off the supplies of over 90 per cent of the country’s locally consumed fruit and vegetables.

Farmers will be required to apply for NEMA licences to grow vegetables at a minimum cost of Sh10,000 per licence, carry out soil and water analyses at a cost of Sh2,500 to Sh5,000, pay for certification with a national or international standards certifier, and prepare dozens more records, including analysing the nutrient content of any compost or manure they use.

International agricultural NGO CABI reported in July it would not be possible for any individual farmers to cover the cost of the certification. Its conclusions followed an aid-funded project that gained certification for the only farmers’ groups yet to be certified, accounting for around 70 of Kenya’s 4.5m farmers. Rough estimates suggest the cost is likely to exceed Sh250,000 per farmer.

A study of Kenyan smallholder farmers done by Mercy Corps found that two-thirds of farmers earn less than Sh7,740 a month from their produce – although the average earnings from fruit and vegetables is higher.

However, in an interview with FarmBizAfrica.com, spokesman for the Horticultural Crop Directorate (HCD) of the Agriculture and Food Authority (AFA) Collins Otieno confirmed that all farmers will be obliged to adhere to the standard, which also requires farmers’ IDs, plot records, and growing records to be kept and submitted to every produce buyer.

The HCD, as well as other agricultural organisations, including the large-farmer lobby groups, the Fresh Produce Consortium of Kenya, and FPEAK, as well as international agricultural organisations have all confirmed the rules will be mandatory for farmers selling produce inside Kenya. Yet, despite intense foreign-aid funding by TradeMark Africa for workshops, strategies, and the implementation of the new rules, none of these organisations has addressed the scale of disruption that will be caused to the country’s food supplies, or the temptation for enforcers to accept bribes where no alternative food sources are available for buyers.

Horticulture is the largest agricultural sub-sector in Kenya. In a FarmBizAfrica national survey of 155 farmers in January 2024, 78 per cent reported growing at least one horticultural crop on their farm. According to an analysis of Kenyan smallholder farmers, these crops earn the country’s farmers an average total monthly income of Sh21,115.39 a month.

Altogether, the government will be closing down earnings to farmers of over Sh280bn a year.

The new rules have been laid out in the Kenya Standard 1758: 2016 (KS 1758) Horticulture Industry Code of Practice.

Before sowing a seed, farmers will be required to get an Environmental Impact Assessment License from NEMA which costs a minimum of Sh10,000.

Farmers selling vegetables, fruits, spices, or herbs inside Kenya will also be required to apply fertiliser only after conducting ‘regular’ soil, water, or plant tests. Yet the tests required typically cost a minimum of Sh2,500 for a soil analysis and Sh4,700 for water tests from the Kenya Forestry Research Institute, moving the application of fertiliser out of reach for most farmers.

Moreover, despite more than half of Kenyan farmers having only a primary level education and an average age of 60 years, if they use animal manure or compost they will be required to calculate its nutrients and analyse the impact it has on their crop yields.

To use pesticides on their farms, horticulture farmers will be required to prove they have recently attended a course on using pesticides, or hire someone trained in mixing and handling pesticides. To get a certificate in pest control in Kenya, they will need to undergo two two-week course, which costs Sh60,000.

Farmers will also be required to keep records of two annual mandatory medical checkups that must include samples of blood cholinesterase levels for anyone handling pesticides. It will also be a requirement that there are trained first aid personnel within the farm with proven training. According to St John Ambulance College, first aid training costs in Kenya costs Shs2,000 to Sh15,000. A refresher course is expected every two years.

Under the new rules, to then sell their produce in local markets, farmers will have to be logged into the National Horticulture Traceability System (NHTS). This mobile application developed by the Agriculture and Food Authority (AFA) and USAID in 2023 will record information such as their name, ID, their farm ID, the farm’s location and block number, a record of the inputs they used, i.e., fertiliser, pesticides, and their supplier, the harvest date, the best before date, and the quantity and weight of produce they’re looking to sell, among other details.

NHTS, which will be available to download on Google Play store will require farmers to put labels with Quick Response (QR) codes on their farm produce that will contain all the information above and can be scanned and retrieved by buyers or consumers.

The KS 1758 certifications themselves will be done by national and international certification bodies, including Bureau Veritas, which have keenly pursued the development of the compulsory standard. No information is yet available on the direct cost of the final certification process per farmer, but standard certifications typically cost from $3,000 to $6,000 each.

TradeMark Africa has not responded to requests for the funding rationale and impact analysis underlying the funding of Kenya’s mandatory KS1758 changeover.

What Does this means to farmers?

This purely means tough times ahead for the farming industry in Kenya. Sometime back Roussoss Demisse talked of farmers being the only FREE group in the society and now the government’s have realized that.

“A nation that cannot feed itself is not secure.” This quote highlights the importance of food security as a fundamental component of national security.

Now the Kenyan government is preparing to enforce the harshest farm regulations. A regulation that if sees the light of day, then most of the farmers we know from being a farmers ourselves and running two farm ventures namely Demi Farms www.demifarms.co.ke and mushroom Kenya www.mushroomkenya.co.ke under KenyaSpore Ventures on Facebook, including my mum back in Nyabondo might no longer be farmers.

If the regulation sees the light of day, for you to grow your favorite vegetables like sukuma to eat and sell some in your nearest market or to your neighbors, you’ll have to do the following;

1. Pay NEMA Ksh 10,000 per licence. Selling or buying from a farmers who has no licences JAIL!

2. Farmers must do soil analysis at Ksh 2,500.

3. Farmers must test the water to use at Ksh 4,700

4. A farmer must pay for nursery bed for I don’t know how much

5. A farmer must undergo first aid training for 2yrs and have the kit at farm of ksh 15,000.

6. A farmer must have an app to track what You do and put all details of production and marketing.

7. A farmer must acquire certificate for the pesticides from pest control board 60k

8. If you want to put farmyard manure, the farmer must provided detailed of chemical analysis the farmer must pay again.

The regulations are still many, the document is full of pages that you can access at KS1758 Portal https://ks1758.afa.go.ke/ or download Here. A farmer will be approximately required to pay appreciate ksh 250,000 to have a farm. Which is clearly evident that it would not be possible for any individual farmers to cover the cost of the certification.

Now back to our thoughts, in as much as the government is stating that they are doing this for food security but if it’s not empowering the farmer it’s not going to achieve food security.

If it’s killing farms, with estimated over 3 million farmers out of the industry it’s not going to achieve food security rather to help few get power to control the masses and for large corporations to monopolize the sector.

You can now clearly see that the Bible verse saying that there will get to a time when you will not be able to sell or buy without the mark. This is the grand strategy.

The world order’s interest in controlling food and water stems from the fact that these resources are foundational to life, security, and power.

Food and water are essential for human survival. Whoever controls these resources holds power over populations, as people and nations rely on them to live.

Political and Economic Power: Controlling food and water supply grants significant leverage in global politics. Governments, corporations, or organizations can use control over these resources to influence or pressure nations, shape economic policies, and even dictate terms in geopolitical negotiations.

Large corporations and global organizations see food and water control as lucrative industries. By monopolizing these sectors (e.g., through agribusiness or water privatization), they can generate significant profits while maintaining power over the global supply chains.

We must therefore reject this and empower the millions of farmers across the country and the continent who depend on agriculture. We must say no to food monopolization.

Fellow farmers what is your thoughts?

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