1) Kenya's agriculture system has evolved through colonial and post-colonial reforms, from traditional farming practices to policies promoting African commercial agriculture and marketing boards to recent liberalization.
2) Kenya's seed sector is dichotomous with both formal and informal systems, and debates around seed policy focus on balancing regulation and private sector participation.
3) Kenya published a National Seed Policy in 2010 to transform the seed sector through improved regulation, infrastructure, and participation of public and private stakeholders while harmonizing with international standards.
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Seed Policy Dynamics: Lessons From Kenya
1. 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. Ayuko
Deputy Director Policy Development
State Department of Agriculture
Kenya 1
2. 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)
2
3. 1. Agriculture Sector Reforms: Historical
PerspectivesEra 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
4. 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
4
5. 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
6. 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
7. 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;
8. 8
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
9. 9
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)