Seed Policy Dynamics: Lessons From Kenya

Presentation to the Regional Dialogue on Strengthening African Seed Systems:Technical, Economic and Policy Challenges

Jacaranda Hotel, Nairobi - 14th July 2014

Kenneth O. AyukoDeputy Director Policy Development

State Department of AgricultureKenya 1

Agriculture Policy Reforms: Historical Perspectives

• Kenya’s agriculture system has evolved through socio-political dynamics and reforms since the 1920s.

• Several policy frameworks and strategies developed over time to guide agricultural development in Kenya.

Era Focus

•Pre-Colonial Traditional/shifting cultivation and pastoralism

•Colonial •Settler agriculture/White highlands/Raw material for European(British economy)/African labour

•Gradual introduction of Africans to commercial farming (Devonshire White Paper 1923)

•Set stage for major cash crop development by Africans (Sywnnerton Plan - Plan to Intesify African Agriculture in Kenya)

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1. Agriculture Sector Reforms: Historical Perspectives Era Focus

•Post independence

Acceleration of Africanization of Kenyan Agriculture

Control Command

•Control of agriculture through ordinances and Acts

•Era of Produce Marketing Boards Liberalization •Breton Woods prescriptions for reduced

Govt Participation in business

•Structural adjustment and introduction of private sector participation

Liberalized Economy

•Greater private sector participation along commodity value chains

•Deepening of institutional and legal reforms

•Market driven agricultural economy

•Shift focus from production to commodity value chains and eventually value addition

The Seed Policy Debate: Development of the Kenyan Seed System

Characteristics of the seed sector

Dichotomy of sectors: >>> formal and informal

Regulatory framework anchored in Seed and Plant

Varieties Act (Cap. 326 of the Laws of Kenya)

Cereals especially maize >> most visible of the

formal sector seed system

Informal seed sector substantial but figures not

verified >>> paradox

Perceived to be over-regulated

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Background to Seed Industry Policy and Regulatory Reforms

National Seed Policy published and launched September 2010.

Objective >>> transform the seed sector and enhance its ability to provide adequate high quality seed to the farmers of Kenya.

exploit potential of improved varieties and technologies for increased agricultural productivity

create an effective regulatory framework

improve infrastructure for seed industry growth

support dual participation of public and private sectors

harmonize regional policies and regulations to support cross border seed trade

conform with international conventions and treaties

Purpose

To review of the legal framework governing the seed industry through amendments to the Seeds and Plant Varieties Act, Cap 326 in order to;

Introduce necessary reforms in the seeds sub-sector

Harmonize with the current national policy environment and international convention

Promote a modern and competitive seed industry

Facilitate regional trade in seed

Objectives of the Seeds and Plant Varieties Act

ammendments

Specifically the amendments cover the following areas:-

Review of the Plant Variety Protection (PVP) provisions to

conform with UPOV 1991 to which Kenya is a party ;

Strengthen industry self-regulation by allowing authorization

and registration of private seed inspectors and seed

testing services to supplement the services offered by the

KEPHIS;

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Objectives of the Seeds and Plant Varieties Act ammendments

Deter malpractices in the industry through stiffer penalties and creation of new offences;

Provide for legal anchorage for a National Plant Genetic Resources Centre to serve as a repository for germplasm for plants for food and Agriculture;

Broaden the Seed Tribunal jurisdiction to;

Cover seed certification

Cover compensation arising from seed production and sale

Provide for enforcement of Tribunal decisions

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Consequential steps to the Seeds and Plant Varieties Act ammendments

New regulations to effect the ammendment

Seed and Plant Varieties Act (Seed Regulations)

Seed and Plant Varieties Act (National Performance Trials Regulations)

Seed and Plant Varieties Act (Plant Breeders Rights Regulations)

Not without controversy

On the drawing board; Seed and Plant Varieties Act (Plant Genetic Resources Conservation and Benefits Sharing);

Intended to domesticate the International Treaty on Plant Genetic Resources for Food and Agriculture (ITPGRFA)

Origins of Agriculture

Shukhria

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