Court Rules in favour of CS Munya

by Lawyer Wanz
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Agriculture cabinet secretary Peter Munya has received a boost in his ongoing efforts to reform the coffee sub-sector after the High Court ruled in his favour.

CS Peter Munya
CS Peter Munya

High court dismisssed a case filed by four co-operative societies seeking to quash the Crops (Coffee) (General) Regulations 2019.

The farmers’ co-operative societies- Rwama, Gitwe, Thirikwa and Iyego- wanted court to declare the new regulations, which propose sweeping reforms, as unconstitutional, null and void. The societies are from Central Kenya.

But justice Weldon Korir faulted them for making general claims on violation of the constitution without citing particular regulations.

They failed to link any particular regulation to a particular provision of the Constitution.

The same position applies to alleged conflict with the Law of Contract Act and the Co-operative Societies Act,” said justice Korir.

He ruled that there was no evidence to find that the 2019 Coffee Regulations will burden farmers with more expenses.

The judge also declined argument that the Regulations are illegal for lack of a regulatory impact statement as required by Section 8 of the Statutory Instruments Act.

He noted that National Assembly clerk Micheal Sialai had told court that the Committee on Delegated Legislation was satisfied that all the requirements of the Statutory Instruments Act had been met.

There is no evidence on record for the court to arrive at a different opinion.

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