HORTICULTURAL LAWS AND POLICIES

Objective of the Lecture: At the end of this Lecture Learners should be able to state and describe
main laws and policies in place to drive the Horticultural sector.
1. Introduction
• Several policies and laws have been put in place to address the major constraints that face
the agriculture/horticulture sector
• Ensure that horticulture plays its rightful role in the development of the economy
Law: is a system of rules and guidelines which are enforced through social institutions to govern
behavior. Laws are made by governments, specifically by their legislatures. The formation of laws
themselves may be influenced by a constitution and the rights encoded therein. The law shapes
politics, economics and society in countless ways and serves as a social mediator of relations
between people.
Constitution: The basic, fundamental law of a state which sets out how that state will be organized
and the powers and authorities of government between different political units and citizens. The
number one law of the land"; to which all of government, citizens, corporate persons and other
laws must defer in the event of any conflict
Policy: A policy is typically described as a principle or rule to guide decisions and achieve rational
outcomes. A Policy is a set of guiding rules or principles that are intended to influence the way an
organization is run or managed.
A Policy can be considered as a "Statement of Intent" or a "Commitment". For that reason at least,
the decision makers can be held accountable for their "Policy". Policy differs from law while law
can compel or prohibit behaviors, a policy merely guides actions toward those that are most likely
to achieve a desired outcome.
A strategy, on the other hand, is the high level approach to an issue that is intended to produce
change through implementation of a policy. The basic difference, therefore, between the two is
that a policy is just a statement rather than an action plan meant to realize change.
Constitution 2010 of Kenya:
Constitution 2010 is the supreme law of Kenya, and any other laws should consistent with the
provisions of the Constitution.
Main agricultural policies/Strategies and laws:
The government of Kenya has adopted key policies to guide the agriculture sector in the long term
Economic Recovery strategy (ERS), Strategy for Revitalizing Agriculture(SRA), Vision 2030 and
the Agriculture Sector Development Strategy (ASDS)
a. Economic Recovery strategy (ERS), for wealth and employment creation 2003-2007
 • Was a blue print for the revival of the economy which had an annual growth of 0.2% in
2002 negative growth rate.
• A road map for taking specific actions to put Kenya on the path of economic prosperity
b. Strategy for Revitalizing Agriculture (SRA): 2004-2014
• In 2004, the government developed and launched the Strategy for Revitalizing
Agriculture(SRA)
• The purpose was to implement the ERS in the agricultural sector
• It set out the GK’s vision in the agriculture sector, namely to transform Kenya’s agriculture
into a profitable, commercially oriented and internationally and regionally competitive
economic activity that provides quality, gainful employment to Kenyans
• SRA set the target of agricultural growth at an average annual rate of 3.1 percent during
2003-2007
c. Vision 2030 (2008-2030)
• The ERS five year development plan expired in the financial year 2007/2008
• As a follow up, the government developed and launched Kenya Vision 2030 as the new
long term development blueprint for the period 2008-2030
• Aims at making Kenya a newly industrializing country, middle income country providing
high quality of life to its citizens by the year 2030
• It is anchored on three pillars namely economic, social and political pillar
• Agricultural sector is under the economic pillar which aims to maintain a sustained
economic growth of 10% per annum over the next 25 years.
• Horticulture would play a pivotal role as a driver of the achievement of vision 2030
d. Agriculture Sector Development Strategy (ASDS) 2010-2020
• In light of the adoption of vision 2030 and the success of SRA targets a new strategy was
developed to
• strategically position the agricultural sector thus ASDS 2010-20
• ASDS was adopted by the government ministries representing the entire agricultural sector
• ASDS vision is a food secure and prosperous nation
• Mission innovative, commercially oriented and modern agriculture
• Main Agricultural Policies
a. The government has adopted key policies to guide the agricultural sector in the long term
b. These are vision 2030 and ASDS
c. Other policies in the agriculture sector are being aligned with the two basic policies to enable
the sector transform the national economy and improve livelihoods
d. The Policies launched by President Kibaki in Safari park hotel during the 3rd Agricultural sector
development
Forum in October 2012 include
i. National agricultural research system policy: July 2012
ii. National agricultural sector extension policy (NASEP): June 2012
iii. National Agribusiness Strategy- Making Kenya’s agribusiness sector a competitive driver of
growth: June 2012
iv. National Food and Nutrition Security Policy: February 2012
v. National Horticulture Policy: June 2012 (Provided policy)
1. Objective of the policy is to sustain the industry’s growth and development to enable it to,
contribute to food and nutrition security, provide raw materials for primary processing, compete
favourably in the export market and earn more foreign exchange, generate increased incomes and
employment for various players and generally contribute to the broader economic goals as
envisaged in Vision 2030
2. Areas of focus
a. Production
b. Support services
c. Marketing and value addition
d. Infrastructure
e. Industry sustainability
f. Agricultural laws and acts:
• The agriculture sector lacks coherence in its many laws over 130 acts of parliament and
subsidiary legislation.
• The strategy employed is to consolidate and harmonize all these pieces of legislation
governing the agricultural sector
• This is coordinated by the agriculture sector coordinating unit (ASCU)
• Government Departments and Ministries and Institutions and County governments
➢ Agriculture
➢ Livestock development
➢ Water and irrigation
➢ Lands
➢ Cooperative development
➢ Development of Northern Kenya and other arid lands
➢ Roads
➢ Fisheries development
➢ Local Government
Examples
i. Agriculture Act (Cap 318 of the laws of Kenya)
ii. Seed and Plant Breeders Rights Act (Cap 328)
iii. Phytosanitary Act (Cap 326)
iv. Several Policies and Strategies
g. Other Players:
a. HCDA (Horticultural Crops development Agency)
i. In charge of marketing of horticultural crops on the domestic and export markets
b. KEPHIS
i. Plays a legal role in regulating movement of planting materials from outside the country to Kenya
and vice versa
ii. Mandated to issue phyto-sanitary certificates that allow importation and export of planting
materials
c. Credit Institutions
d. Commercial Banks
e. Research institutions (KALRO and Universities)
f. Input suppliers
g. Development partners and Non-Governmental Organizations
h. The degree of effectiveness of the current Agricultural policies
a. Vision 2030 and ASDS are the bed rock on which other policies in the sector are aligned
b. Have unique strategies to transform the horticulture sector and the Kenyan economy
c. They have been prepared in a participatory manner
d. ASCU has been instrumental in providing essential services to the sector, particularly in the
development of policies
e. In the recent past the agricultural sector has developed many draft policies and laws which are
yet to be adopted by the government and implemented
f. The sector is also realigning its policies with the new constitution
g. The continual engagement of the sector with stakeholders, coupled with political will should
ensure the implementation of the policies and strategies to enable the sector contribute to the target
of 10% annual economic growth in Vision 2030
Conclusion:
In conclusion, Horticulture laws and Policies need to be harmonized so that they can drive the
sector to play its rightful role in economic development and achievement of vision 2030