A petition has been filed challenging the government’s decision to reimpose a ban on the export of raw (in-shell) macadamia nuts, a policy that has sparked strong opposition from farmers and industry stakeholders.
Christopher Mwirogi Njue, a farmer from Embu County representing a large group of smallholder farmers, has sued the Cabinet Secretary for Agriculture, the Attorney General, and the Agriculture and Food Authority (AFA) in an effort to halt the directive
Njue argues that the decision, set to take effect on January 5, 2025, will create a crisis for farmers, destabilize the local macadamia industry, and threaten the livelihoods of over 30,000 people employed in the sector.
The government had previously authorized the export of raw macadamia nuts for 30 days, a period which ends on January 4, 2025, but stakeholders are concerned that such piecemeal authorizations will continue in unpredictable short-term spurts, making it difficult for farmers and processors to plan for the future.
In his lawsuit papers, the petitioner has expressed concerns over the government’s decision, warning that it would devastate smallholder farmers who rely heavily on macadamia farming as a primary source of income.
“If this policy remains in place, it will cause a crisis for farmers like myself. We rely on the macadamia industry to support our families and communities. If the government continues with this policy, we risk losing everything,” Njue said.
Njue’s concerns are echoed by other stakeholders in the macadamia value chain, which employs more than 30,000 people across farming, processing, and packaging.
He asserts that many farmers fear that the reimposed ban will not only lower farm-gate prices but will also make it difficult for the local industry to compete with other countries that allow the export of raw macadamia nuts.
According to Njue, the ongoing uncertainty has already resulted in job losses within the macadamia sector, with over 5,000 people losing their jobs in 2024 alone due to the fluctuating export policy.
” If the ban is enforced, many more workers will be at risk, as processors may be forced to close down or reduce operations due to a lack of raw material,” He contends.
Lawyer Stephen Gitonga representing Njue, argues that the government’s actions are unconstitutional and violate the rights of farmers.
He stated, “This decision, and the possibility of further short-term extensions, will create even more uncertainty in the market, making it difficult for farmers to plan and operate their businesses effectively. The government’s approach disregards the legitimate expectations of those who rely on the macadamia industry for their livelihoods.”
Kenya’s macadamia nuts are a key export product, with the country supplying over 95% of its production to international markets. The main export destinations for Kenyan macadamia nuts include the United States, the European Union, Japan, China, Hong Kong, and Canada. The reimposition of the export ban threatens to disrupt these key trade relationships, potentially diminishing Kenya’s share in the global market.
“If we lose access to international markets due to this ban, it will be devastating for the entire industry,” said Gitonga.
“Kenya is a top supplier of high-quality macadamia nuts, and this decision puts our reputation and our market access in jeopardy.”
Gitonga is seeking conservatory orders from the court to suspend the government’s decision, which would prevent the enforcement of the ban and any further temporary extensions until the case is heard and determined.
“Given the gravity of the situation and the far-reaching effects on livelihoods and the economy, urgent intervention is necessary,” he added.
The petitioners also argue that the reimposition of the ban violates constitutional principles, including the right to fair administrative action and economic freedom.
According to Gitonga, the government’s failure to adequately consult with farmers and industry stakeholders is a breach of their constitutional rights.
“The government must make decisions that are fair and in line with the Constitution. Decisions affecting such a vital sector should not be made hastily or without consulting those who will bear the consequences,” he emphasized.
The petition also highlights that the ban undermines the ideals of transparency, participation, and sustainable development, as enshrined in Articles 10, 27, and 43 of the Kenyan Constitution.
“The government’s decision to impose a ban without consulting farmers and processors is both unfair and damaging. A stable, long-term policy is needed to help us plan for the future and compete in the global market.” Njue says.
