Deputy President William Ruto and Agriculture CS Mwangi Kiunjuri have been accused by a Meru county Macadamia farmer of monopolizing the nut sector.
Through documents filed in an Embu court, Erick Mbaabu says a ministerial order issued by Ruto in 2009, prohibiting the export of raw macadamia was tainted with illegality and demonstrated plans to clear out competition in the industry. Ruto was the Minister for Agriculture at the time.
Mbaabu says, “It is within the public knowledge that throughout to date he has been associated with a company based at EPZ in Athi River, which is a major buyer and exporter of macadamia.”
The ban, according to the court documents, was lifted from December 15, 2010, to June 30, 2011.
The farmer who is also the director of Edenswin Traders Limited, a Local company with offices in Rwanda and Hong Kong that exports Macadamia, Traders Limited, wants the court to lift the ban.
Mbaabu has sued Kiunjuri and the Attorney General. “Kiunjuri has disregarded public interest in enforcing the ban on raw macadamia export and acted to achieve an alleged collateral purpose by irregularly issuing a directive for arrest of local and foreign investors offering better prices to macadamia farmers,” he says.
Mbaabu claimed his firm has international orders for export of mature, processed and machine-dried macadamia and offers better prices to farmers “contrary to dominant bureaucratic cartels aided by Kiunjuri.”
Embu judge Florence Muchemi issued orders prohibiting Kiunjuri and the AG from harassing, arresting, detaining or interfering with Mbaabu’s business of buying, selling, processing or exporting macadamia with or without a shell.
She issued a temporary order that the company’s macadamia goods be allowed to be exported, pending determination of the application.
Mbaabu’s petition touches on the grievances of macadamia farmers in Meru, Embu and Tharaka Nithi counties. He says they are not only buying and exporting mature macadamia, but processed ones.
He further argues that the Government cannot selectively choose who will export, where to sell and for what purpose. “The farming has placed Meru and Embu on the map and attracted local and international clientele, thereby creating fair competition,” he says.
according to Mbaabu they are getting high prices of Sh220 per kilo. Before international clientele came in, prices were only Sh25 per kilo, he says. .
“Cartels have been conniving to monopolise and steal from farmers, leaving them poorer and more destitute while unscrupulous businesspeople continue to shine,” he says.
Mbaabu wants the court to declare Section 43 of AFFA Act 2013 prohibiting export of raw macadamia was enacted unconstitutionally and hence is null and void.