Kenya’s High Court suspends ban on macadamia harvesting amid farmer protests
KENYA – The High Court of Kenya has temporarily halted the implementation of a directive suspending macadamia nuts’ harvesting.
This follows a legal challenge by macadamia advocate Erick Mwirigi Mbaabu and Edenswin Traders Limited, contesting Agriculture Cabinet Secretary Andrew Karanja’s order to ban the export of unprocessed macadamia nuts.
High Court Judge Lawrence Mugambi, in his ruling on November 13, 2024, barred the Agriculture Ministry from interfering with the proprietary rights of macadamia farmers, traders, and exporters of processed in-shell macadamia nuts.
The petitioners argued that macadamia nuts in regions such as Meru, Embu, Nyeri, and Kirinyaga are ripe and ready for harvest, disputing claims by the Cabinet Secretary that harvesting should be delayed until March.
The contested directive aimed to address concerns about the export of immature nuts, which the Ministry claimed had damaged Kenya’s global reputation and led to a decline in farm gate prices.
Prices dropped from a high of KES180 (US$1.40) per kilogram in 2019 to KES30 (US$0.23)–40 (US$0.41) per kilogram by early 2023.
In November 2023, the Ministry lifted a prior ban on raw macadamia exports, allowing a one-year export window under the Agriculture and Food Authority (AFA) Act, 2013.
To mitigate further issues, the Ministry introduced a minimum guaranteed farm gate price of KES100 (US$0.78) per kilogram and mandated inspection and clearance of existing stock by November 15, 2024.
However, the directive faced criticism from farmers and the Nut Trader Association of Kenya, who described the public participation process as inadequate and claimed the order favored processors while disadvantaging farmers.
They suggested that the meetings should have been held closer to the farming communities for better accessibility.
Additionally, concerns were raised about the storage of macadamia nuts, with large quantities awaiting clearance for shipment, thus highlighting the directive’s impact on the sector’s operations.
Kenya’s kernel exports in the first half of 2024 were valued at KES3.3 billion (US$25.6 million), a significant decline from previous years. The total revenue loss from raw nut exports is estimated at over KES6.5 billion (US$50 million).
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