Local agricultural production in Kenya: legal framework, obstacles and challenges

Abstract

Agriculture sector in Kenya is the fundamental part of the economy contributing 25 percent of the total Gross Domestic Product (GDP), and another 27 percent indirectly.1 The sector employs over 40 percent of the total population and over 70 percent of the rural people. In Kenya, the agricultural sector is large and complex, with a multitude of public corporations, non-governmental and private actors. It accounts for 65 percent of the export earnings and provides livelihood (employment, income, and food security needs) for more than 80 percent of the Kenyan population.2 As with any system the agricultural sector in Kenya is governed by extensive regulatory framework that provides guidance to the whole system. These include policies, laws and regulations. The sector is regulated broadly by the Constitution of Kenya as well as regional and international instruments. The biggest challenge, however, is how effectively these regulatory instruments are implemented.3 The good performance the agricultural sector ensures good performance of the entire economy. Therefore the policy and institutional frameworks governing the agricultural sector play a vital role for the development of the whole economy.4 As a result, since 2003, there been much activity in an attempt to revitalize Kenyan agriculture and this has been undertaken through a number of regulatory and institutional reforms as will be seen from the analysis of the legal framework below.