KENYA'S LAW SOCIETY DEMANDS ACTION AMIDST GROWING CONCERNS ON FAKE FERTILIZER

 BY JAMES MUTUA

Law Society of Kenya President Ms. Faith Adhiambo and LSK members during a presser on Monday in Nairobi. LSK wants bodies involved in the distribution of counterfeit fertiliser held liable. Picture courtesy LSK twitter. 


The Law Society of Kenya (LSK) Monday  expressed deep concern over the unfolding scandal surrounding the implementation of the National Fertilizer Subsidy Program (NFSP). They said that NFSP, aimed at bolstering agricultural productivity and stabilizing food prices, has faced allegations of widespread breaches of duty, incompetence, and fraud.

Since its inception in September 2022, the NFSP has faced mounting criticism, with recent reports highlighting systemic issues within the Ministry of Agriculture and the National Cereals and Produce Board (NCPB). Among the alarming revelations are instances of fake fertilizer being sold to unsuspecting farmers, bureaucratic inefficiencies, and severe delays in distribution.

LSK says that despite its noble intentions, the NFSP has proven to be counterproductive, with farmers facing bureaucratic hurdles, corruption, and unprecedented delays in accessing fertilizer and that farmers have fallen victims to the sale of counterfeit fertilizer, jeopardizing their livelihoods and agricultural outputs. LSK also faulted regulatory bodies like the NCPB and the Kenya Bureau of Standards (KEBS) for failing to enforce quality control measures that has exacerbated the situation.

LSK adds that transitioning from a voucher-based system to distribution through the NCPB has led to inefficiencies, high transaction costs, and an enabling environment for corruption.
Should the Ministry fail to put in place the recommended and other necessary measures by lapse of our demand period, we will take necessary against all parties involved and bestowed with authority in the matter. - LSK president, Faith Adhiambo. 

 Further, LSK also criticized the response of Agriculture Cabinet Secretary Mr. Mithika Linturi, accusing him of deflecting blame and resorting to ineffective tactics instead of addressing the crisis head-on. The society demanded immediate removal from his position as Cabinet Secretary, citing gross misconduct and incompetence. They said legal action will also be pursued against the Ministry, Mr. Linturi, the NCPB, KEBS, and other responsible officials.

Additionally, LSK said it will pursue a class action lawsuit on behalf of affected farmers to seek compensation from all responsible parties.



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