By Anderson Ojwang
The elections of farmers and millers directors to the Kenya Sugar Biard may wait a little longer after the Kisumu High Court gave an interim conservatory order stopping the ongoing public participation and adoption of the draft procedures for electing growers and Miller’s representatives to the Board.
A group of 12 farmers had moved to Kisumu High Court through their Advocate Steven Odumbe seeking conservatory orders issued stopping the enforcement of the foregoing illegal proceedings and deliberations.
The Kenya Sugar Board and Cabinet Secretary for Agriculture, Livestock and Fisheries have been cited as the first and second respondents respectively.
Through their advocate, the farmers claimed the exercise was an illegal action and that it flouted the constitution.
“ While pending the hearing and determination of this application inter-parties, this court be pleased to issue conservatory orders restraining the 1st and 2nd respondents either themselves or their agents, servants and or employees from recognizing, acknowledging, documenting and or keeping in records, publishing in the Kenya Gazette the purported public participation outcome on the draft procedures for elections of growers and Miller’s representatives,” they said.
Justice Joe M Omido certified the application as urgent and granted the prayers by the applicants on an interim basis until 12th February 2025.
“ That the application, the main petition and all other court processes be served upon all the respondents and all interested parties within two days and that the matter be mentioned on February 12th 2025 for further direction,” he directed.
Kenya Sugar Board (KSB) had earlier directed both the Private and Public millers to nominate 50 farmers to engage in public participation on the draft procedures for electing growers and millers representatives to the Board.
The farmers were also expected to engage in the imposition of the sugar development levy
In a memo by the Acting Chief Executive Officer (CEO) Jude Chesire to the 16 sugar millers in the country read in parts “ The Sugar Act no 11 of 2024 established the Kenya sugar board. Under section 6(1) of the Act, the composition of the board includes, among others, five representatives each elected by growers from each sugar catchment areas and two representatives each elected by private and public-owned sugar mills.
Section 40 of the Act imposes the sugar development levy as a gazette by the cabinet secretary.
In view of the above, draft procedures for the election of grower and miller representatives to the board and an order for the imposition of the sugar development levy have been formulated.
The purpose of this letter is to notify you that the board will undertake public participation in the draft procedures and engage stakeholders on the imposition of the sugar development levy.
You are hereby requested to inform 50 farmers to attend the forums. The activity is scheduled to take place from 13th January to 16th 2025 as per the itinerary,”.
There are five sugarcane zones in the country namely the Central Zone which is made up of Kisumu, South Nandi and Kericho while the Western zone is made up of Kakamega, Siaya and Busia.
The upper Western zone is made up of Bungoma and Trans Nzoia while the Southern zone is made up of Homa Bay, Migori and Narok and finally, the Coast zone which comprises the Kwale and Tana River.
But Kenya Sugarcane Growers Association (KSCGA)and farmers have read mischief by the Board saying the move was aimed at manipulating the elections in favour of the millers to have their stooges elected.
KSCGA Secretary General Mr. Richard Ogendo threatened to move to court to stop the exercise claiming the millers have no authority to nominate farmers representatives for the public participation forums.
“It is unfortunate that the Board is acting in total disregard of the farmer’s rights and in total violation of the constitution. We will go to court to challenge the decision. The law is clear and the board must respect each jurisdiction,” he said.
Ogendo said it was wrong to call the meeting at the premises of the millers instead of a neutral ground and that it was unfortunate that the provincial administration has not been involved in public participation.
He claimed the move was aimed at giving the millers undue advantage to manipulate the elections in favour of their ‘crony’ candidate so that they could control the sector.
A farmer Mr. Philip Ochieng based in Muhoroni said the move was unfair to farmers and would undermine their constitutional rights.
“The directive is unfair to farmers, how can sugar millers be authorized to select farmers to represent farmers’ interest in such a sensitive function as approving draft regulations for the electoral process of electing the new Kenya sugar board directorate?
Where is the role of the farmers out growers, saccos and farmers associations? This is akin to giving the millers the bank cheque for policy formulation and sugar pricing. This will definitely kill us sugarcane farmers for millers will simply invite their cronies,” he said.
