New agriculture, fishing law retrogressive

The Constitution of Kenya stands out shoulder to shoulder among the most progressive in the world. Since its enactment in 2010, this beautiful piece of governance is among the most searched documents, as informed by thoThe Fifth Schedule to the Constitution sets out timelines within which various legislation ought to have been enacted but there has been a mad rush to fast track the exercise and for obvious reasons.

This is understandable, in view of the opportunities, challenges and cupidity for economic rent that was easily discernable with this new supreme law.

The foregoing is notwithstanding the fact that under the Section 7(1) of the Sixth Schedule (Transitional and Consequential Provisions) to the Constitution all the laws in force before the effective date of the constitution are still in force and can to be construed with such alterations, qualifications and exceptions necessary to bring them into conformity with theConstitution.

In the process, either for mischievous purposes and or ignorance of the law that ought to be conformed to the constitution, certain legislations have been passed which in my opinion cannot stand the test of constitutionality or are deliberately intent to mutilating the very constitution they seek compliance to.

Two cases attest to this. The first is an Act of Parliament known as Agriculture, Fisheries and Food Authority Act, 2013. The Act has been accented by the President and is due for implementation.

In my view, the foregoing Act falls under the category of general legislation which ought to be enacted within 5 years from the effective date of the Constitution (the Fifth Schedule to the Constitution).

Under Section 1 thereof, the Act shall come into operation on such a date as the Cabinet Secretary may, by notice in the Kenya Gazette, appoint.

The Cabinet Secretary is mandated to operationalise the Act within six months from the date of its Publication but the Secretary may appoint different dates to operationalise different provisions.

In the preamble thereto, the Agriculture, Fisheries and Food Authority Act, 2013 is intended to: Provide for the Consolidation of all the Laws on the Regulation and promotion of agriculture generally; To provide for the establishment of the Agriculture, Fisheries and Food Authority; make provision for the respective roles of the national and county governments excluding livestock and related matters in furtherance of the relevant provisions of the Fourth Schedule to the Constitution and for connected purposes.

From the foregoing is clear beyond peradventure that the Act has inter alia consolidated all the laws on the regulation and promotion of agriculture generally.usands of hits daily on Internet search engines.

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