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The comprehensive Agricultural Development Programme, which was adopted by African Heads of States in 2006, calls for a six per cent annual growth in agricultural production.
The comprehensive Agricultural Development Programme, which was adopted by African Heads of States in 2006, calls for a six per cent annual growth in agricultural production.

It is a framework for the restoration of agricultural growth, food security and rural development in Africa.

Some of the avenues the framework proposes for increased agricultural produce are use of inputs like fertiliser, planting of high yielding seeds and irrigation.

The African Union Heads of State in 2006 adopted the Abuja Declaration on Fertiliser for an African green revolution after realising that Africa was trapped in a fertiliser crisis. They resolved to increase the level of use of fertiliser to an average of at least 50kg an acre by 2015, take appropriate measures to reduce the cost of fertiliser procurement at national and regional levels, eliminate taxes and tariffs on fertiliser and on fertiliser raw materials and take concrete measures to improve farmers’ access to fertiliser.

Kenya has made great efforts to implement the Abuja proclamation by ensuring that tariffs and import taxes are eliminated on fertilisers and that fertiliser is available for farmers at subsidised prizes. This is currently available for small-scale farmers only.

These measures have improved fertiliser use to an average of 34kg per hectare against the recommended 50kg, according to a 2011 report by New Partnership for Africa’s Development.

With rising knowledge on the importance of fertiliser and the need to utilise fertiliser, it is important to understand the legal framework, which guarantees that fertiliser used in the market is of quality standard.

What legal framework is present and what does it encompass?

The Fertiliser and Animal Foodstuff Act of Kenya Cap 345 regulates the importation, manufacture, sale of agricultural fertiliser and animal foodstuff.

The Act prohibits any person from importing, manufacturing, compounding, mixing or selling fertiliser or animal foodstuff unless the items are approved and conform to set standards.

No person is allowed to manufacture or sell any fertiliser or animal foodstuff containing bone or any other substance derived from an animal carcass unless such bone has been sterilised in the prescribed manner.

No person is allowed to import any fertiliser or animal foodstuff, which contains bone or any other substance derived from an animal carcass for the purpose of manufacturing fertiliser or animal foodstuff unless he has first submitted to the government a certificate signed in the country of origin.

The document must be signed by a person designated by authorities, certifying that such bone or substance has been effectively and completely sterilised in the manner prescribed and is free from pathogenic organisms as may be prescribed.

What measures are taken to ensure that the law is adhered to?

At any time, a qualified inspector who should produce identification may enter and inspect any premises, place or vehicle if they have reasonable grounds for believing there is any fertiliser or records pertaining to importation, manufacture or sale of a fertiliser or animal foodstuff. If considered necessary, the inspector may seize and remove any fertiliser or animal foodstuff and any documents found if there’s reasonable cause to believe that there is contravention of rules.