The Crops (Coffee) (General) Regulations
These Regulations may be cited as the Crops (Coffee) (General) Regulations.
AI-assisted research synopsis — verify against the official legal text below.
- Jurisdiction
- Kenya
- Instrument
- Notice
- Citation
- Legal Notice 102 of 2019
- Version
- Undated source snapshot
- Language
- en
Source attribution: Source: Kenya Law
Statute overview
About this statute
These Regulations may be cited as the Crops (Coffee) (General) Regulations. Section 2 supplies definitions of terms used in the Regulations (e.g. "Act", "Authority", "auction", "coffee year"). This section gives effect to section 40 of the Crops Act (Cap. 318). The Authority must act through the directorate responsible for coffee to promote, develop and regulate the coffee industry and must perform a list of specified functions including issuing licences, registering dealers, capacity building, standards development and enforcement, data collection and market promotion. County governments have specified functions relating to coffee industry regulation, including registration, issuance of licences and certificates, inspection, enforcement, extension services, security collaboration, corporate governance, and pest/disease monitoring.
Search within this statute
Search all stored provisions in this version.
Legal text
Provisions of The Crops (Coffee) (General) Regulations
Showing 48 of 48
Part I
PRELIMINARY
- 1
PRELIMINARY - 1. Citation
AI-assisted research summary: These Regulations may be cited as the Crops (Coffee) (General) Regulations.
Section 1. Citation Section These Regulations may be cited as the Crops (Coffee) (General) Regulations. - 2
PRELIMINARY - 2. Interpretation
AI-assisted research summary: Section 2 supplies definitions of terms used in the Regulations (e.g. "Act", "Authority", "auction", "coffee year").
Section 2. Interpretation Section In these, Regulations, unless the context otherwise requires— "Act" means the Crops Act (Cap. 318); "agent" deleted by L.N. 102/2022, r. 2. ; "association" means a registered group comprised of smallholder growers, co-operative societies, societies, estates, unions, millers, traders or roasters, which has been licensed by a licensing authority; "auction" means a physical place or electronic system where potential buyers competitively bid for coffee; “auction organizer” means a person, company or firm established for the purpose of organizing coffee auctions in Kenya and is licensed by the Authority; "Authority" means the Agriculture and Food Authority established under section 3 of the Agriculture and Food Authority Act (Cap. 317); "broker" deleted by L.N. 102/2022, r. 2 ; “buni” means dried coffee in the fruit but does not include hulled dried fruit; "buyer" means an incorporated company licensed by the Authority to buy clean coffee at the auction for export, local sale or value addition or to import clean coffee for secondary processing in Kenya; "Cabinet Secretary" means the Cabinet Secretary for the time being responsible for matters related to agriculture; "certified coffees" means coffees produced under tenets of a recognized certification scheme bearing a certification mark; “cherry” means the ripe fruit of the coffee tree; "clean coffee" means coffee bean or dried seed of the coffee plant separated from non-food tissues of the coffee fruit where the silver skin is reduced to the maximum possible extent; "coffee" means the plant botanically known as coffea species (L.) and includes the fruit, whether on the plant or detached therefrom, the seed in form of either buni , parchment coffee, clean coffee, roasted beans or ground coffee; "coffee business" includes operating a nursery, growing, pulping, milling, warehousing, marketing, trading, roasting, operating coffee house and packaging of coffee; "coffee certification" means a system that distinguishes a coffee product as being sustainably grown on the basis of economic viability, environmental conservation, social responsibility and ensures traceability; "coffee directorate" means the directorate for the time being responsible for coffee established pursuant to section 11(4) of the Agriculture and Food Authority Act (Cap. 317); "coffee sales proceeds" means monetary consideration received in exchange for coffee purchased at the auction or through direct sales; "coffee sample" means a small quantity of coffee, drawn out of coffee lot to be a representative of that lot of coffee for purposes of display, testing, quality analysis, archiving, marketing or other legal purpose; "coffee standards" means the Kenya Coffee Standards issued by the Kenya Bureau of Standards; "coffee year" means a period of twelve months beginning on the 1st October of one year and ending on the 30th September of the following year; "collateral manager" means a person qualified under these Regulations and appointed by the warehouseman or any other person who has an interest in coffee stored in a warehouse with the intention of monitoring or taking custody of the coffee; “compliance certificate” mean a certificate issued by the Authority to ascertain compliance with quality standards; "co-operative society" means a co-operative society registered under the Co-operative Societies Act (Cap. 490) and licensed for purposes of these Regulations; "county government" shall have the meaning assigned to it under Article 176 of the Constitution of Kenya; "cupping centre" means a coffee quality analysis laboratory; "digitization" means the conversion of current manual processes into automated and computerized processes; or paper documents into digital formats; "dealer" means a person registered by the county governments or the Authority to deal with coffee as provided under these Regulations; "direct sale" means a contractual arrangement between a grower, a co-operative society, society, union, grower-miller, estate or an association of coffee growers and an overseas buyer or local roaster for the sale of own clean coffee based on mutually accepted terms and conditions enforceable in law; "direct settlement system" means a receipts and disbursements facility provided by a commercial bank regulated as such under the Central Bank Act (Cap. 491) for the receipt from buyers of all proceeds from the purchase of coffee and from which all claims on the coffee so purchased, including payments to growers, grower millers, grower marketers, miller-marketers, warehousemen, warehouses, Nairobi Coffee Auction and financial obligations will be directly settled; "estate" means an area of land or group of parcels of land under coffee not being less than five acres in size in aggregate or land under coffee which has an average annual production of not less than twenty thousand kilograms of cherry over a period of three years; "exchange" deleted by L.N. 102/2022, r. 2 ; "grower" means any person who cultivates coffee in Kenya and may for purposes of licensing, include; co-operative societies, unions, associations and estates; “grower marketer” means a grower licensed by the Authority to market his or its own clean coffee; “grower miller” means a grower who mills own parchment or buni or its members’ coffee and includes cooperative societies, association, estate or any other grower legal entity issued by the respective county government; "hulling" means removal of the outer skin of dry parchment or buni coffee; “importer” means a person licensed by the Authority to import value added coffee; "inspector" means an inspector appointed under the Act and where applicable includes a county inspector; "Kenya Agricultural and Livestock Research Organization" means the organization established under section 3 of the Kenya Agricultural and Livestock Research Act (Cap 319), or the national institution mandated by an Act of Parliament to carry out research; "licensing authority" means the Authority, or the County Government as the case may be; "liquorer" means a person certified and licensed by the Authority to offer the services of coffee quality analysis; "liquoring" means analysis of clean coffee to determine the attributes and quality of coffee for purposes of trade; “management agent” means any person licensed by the Authority, and appointed through a specific agreement by a grower or a smallholder for the management of such coffee farm or pulping station; "miller" means a person licensed by the respective county government to conduct the business of coffee milling; “miller-marketer “means a person whose mill is approved by respective county governments and is licensed by the Authority and appointed by the grower to undertake the milling and marketing of the grower’s coffee”; and "milling" means mechanical hulling or de-husking of parchment or buni coffee and includes the polishing and grading of the clean coffee; "milling statement" means a statement prepared by a miller after the completion of the milling process; "out-turn number" means an identifying number issued by a miller in respect of coffee delivered to a mill for purposes of traceability; "primary processing" means the process of removal of coffee pulp from cherry, fermentation, washing and drying to the coffee standard moisture content to obtain parchment; "prompt date" means a date specified in the sales catalogue, not being more than five working days from the date of the sale, for the payment of coffee sales proceeds by a buyer or a roaster; "pulping station" means a specified place where primary coffee processing is undertaken; "roaster" means a person licensed by the respective county government to buy clean coffee under these Regulations for value addition for local sale; "sales catalogue" means a standard document prepared by a miller-marketer or a grower marketer in consultation with the auction organizer for sale of clean coffee at the auction; "secondary processing" means parchment de-husking, polishing, grading and may include roasting, grinding and packaging of clean coffee beans; "small holder" means a grower cultivating coffee in a small parcel of land or in small parcels of land who does not possess his own pulping station; "sweepings" means the balance of coffee samples in the auction sample room and spillages collected from millers' milling activities for sale at the auction and the proceeds paid to growers on pro-rata basis; "trading floor" means the physical space or electronic platform managed by the auction where the persons licensed to trade in coffee converge for purposes of coffee trading; “value added coffee” means coffee that is roasted and packaged and includes instant coffee; "warrant" means an instrument prepared by the warehouseman of which the person named therein, or the last endorsee thereof, shall for all purposes be deemed to be the owner of the coffee to which it relates; "warehouse" means a facility registered by the Authority and licensed by the county government for the storage of coffee, and which is specifically designed to guarantee the quality and safety of the coffee; "warehouseman" means a person who possesses skills for the management of a licensed warehouse and is licensed by the Authority; and "warehousing receipt" means a certificate issued by a licensed coffee warehouseman in respect of coffee stored in a licensed warehouse for purposes of collateral. [L.N. 102/2022, r. 2.] - 3
PRELIMINARY - 3. Object and purpose
AI-assisted research summary: This section gives effect to section 40 of the Crops Act (Cap. 318).
Section 3. Object and purpose Section to give effect to section 40 of the Crops Act (Cap. 318);
Part II
FUNCTIONS OF THE AUTHORITY AND COUNTY GOVERNMENTS
- 4
FUNCTIONS OF THE AUTHORITY AND COUNTY GOVERNMENTS - 4. Functions of the Authority
AI-assisted research summary: The Authority must act through the directorate responsible for coffee to promote, develop and regulate the coffee industry and must perform a list of specified functions including issuing licences, registering dealers, capacity building, standards development and enforcement, data collection and market promotion.
Section 4. Functions of the Authority Section 4(1) The Authority shall, in the performance of its functions, act through the directorate responsible for coffee, to carry out such activities as are necessary to promote, develop and regulate the coffee industry as specified under the Crops Act. Section 4(2)(a) issue certificates or licences for independent coffee cupping laboratories, liquoreurs, auction organiser and miller marketer and buyers, movement permits for purchased clean coffee, and regulate imports and exports of coffee; Section 4(2)(b) register coffee dealers; Section 4(2)(c) co-ordinate capacity building activities for players in the coffee value chain; Section 4(2)(d) develop, oversee and enforce as the case may be, the national regulations, coffee industry standards, industry code of practice and other quality standards in the coffee industry in collaboration with the national body for the time being responsible for standards; Section 4(2)(e) collect, collate and maintain a data base and disseminate information on the coffee industry; Section 4(2)(f) conduct local and international coffee market intelligence and promotional activities including the application of the Kenya Coffee Mark of Origin; Section 4(2)(g) establish linkages with various government agencies and research institutions; Section 4(2)(h) develop and promote policies and strategies for the coffee industry; Section 4(2)(i) recommend general guidelines for interaction between various players in the coffee industry; Section 4(2)(j) promote the development of regional appellations for Kenyan coffee; and Section 4(2)(ja) undertake inspection and surveillance of industry players; Section 4(2)(k) deleted by L.N. 102/2022, r. 3. - 5
FUNCTIONS OF THE AUTHORITY AND COUNTY GOVERNMENTS - 5. County Governments functions
AI-assisted research summary: County governments have specified functions relating to coffee industry regulation, including registration, issuance of licences and certificates, inspection, enforcement, extension services, security collaboration, corporate governance, and pest/disease monitoring.
Section 5. County Governments functions Section 5(1) The county governments functions shall be as specified under the Crops Act (Cap. 318). Section 5(2)(a) registration of nursery operators, coffee growers and pulping station licence holders; Section 5(2)(b) issuance of coffee nursery certificates and permits for movement of coffee; Section 5(2)(c) issuance of pulping station, grower miller, warehousing and coffee roasting licences; Section 5(2)(d) offering and coordination of extension services on coffee production and primary processing; Section 5(2)(e) inspection of nurseries, pulping stations, millers roasters and warehouses located within their respective counties; Section 5(2)(f) enforcement of county and national legislation on coffee, industry code of practice and other industry standards; Section 5(2)(g) in collaboration with law enforcement agencies, enforcement of regulations and enhancement of security of coffee in the county; Section 5(2)(h) enforcement of policies and guidelines on corporate governance in coffee growers' institutions; and Section 5(2)(i) monitoring and report of incidences of pests and disease outbreaks and taking appropriate action in collaboration with the Authority and other relevant government agencies. - 6
FUNCTIONS OF THE AUTHORITY AND COUNTY GOVERNMENTS - 6. Collaboration between County Government and the Authority
AI-assisted research summary: The county governments and the Authority must consult and cooperate on developing, promoting and regulating the coffee industry.
Section 6. Collaboration between County Government and the Authority Section In accordance with Article 6(2) of the Constitution, the county governments and the Authority shall consult and cooperate in the development, promotion and regulation of the coffee industry.
Part III
REGISTRATION AND LICENSING
- 10
REGISTRATION AND LICENSING - 10. Licensing
AI-assisted research summary: Section 10 lists specific licence and certificate types authorizing holders to carry out defined coffee-sector activities; it requires the Authority to seek county government approval before issuing miller-marketer licences (approval to be given within thirty calendar days), and requires county governments and the Authority to share licence-holder and licence/permit information with each other for monitoring purposes.
Section 10. Licensing Section 10(1)(a) a coffee nursery certificate in Form A2 set out in the First Schedule authorizing the holder to operate a coffee nursery; Section 10(1)(b) pulping station licence in Form B2 set out in the First Schedule authorizing the holder to operate a pulping station and may undertake hulling; Section 10(1)(c) a coffee grower's milling licence in Form C3 set out in the First Schedule authorizing the holder to pulp, mill, market or roast own coffee; and Section 10(1)(d) deleted L.N. 102/2022, r. 6; Section 10(1)(e) a coffee roaster licence in Form F2 set out in the First Schedule authorizing the holder to buy, roast or grind and package clean coffee for local sale; Section 10(1)(f) a warehouse licence in Form G2 set out in the First Schedule authorizing the holder to warehouse coffee. Section 10(2)(a) deleted L.N. 102/2022, r. 6; Section 10(2)(b) an independent cupping laboratory licence authorizing the holder to offer coffee liquoring services and training on coffee quality at a fee; Section 10(2)(c) a coffee buyer's licence in Form D2 set out in the First Schedule authorizing the holder to buy clean coffee from the auction for export, local sale or value addition; Section 10(2)(d) a coffee import permit issued to the holder to authorize importation of processed coffee and shall take the format specified under Form 0 under First schedule; Section 10(2)(e) 'warehouseman's licence in Form G1(A) authorizing qualified persons to offer warehouse management services; Section 10(2)(f) grower marketer licence in Form C3.2 set out in the First Schedule authorizing the grower to market own coffee; Section 10(2)(g) auction organizer licence in Form G8 set out in the First Schedule authorizing the conduct of coffee auctions; and Section 10(2)(h) miller-marketer licence in Form C4 set out in the First Schedule authorizing the holder to conduct the business of milling and marketing coffee at a fee; Section 10(2A) The Authority shall seek the approval of county governments before issuing miller-marketer licences. Provided such approval is accorded to miller applicants within thirty calendar days upon application. Section 10(3) The county governments shall share the information on licence holders with the Authority for the purposes of monitoring the compliance with coffee standards and national regulatory framework. Section 10(4) The Authority shall share the information on licences and permits issued with the county governments. [L.N. 102/2022, r. 6.] - 11
REGISTRATION AND LICENSING - 11. Limitation of a coffee licence
AI-assisted research summary: Holders of a coffee buyer's licence (and associated entities) must not be licensed as commercial millers, brokers, roasters, agents or warehousemen; a buyer's licence must not authorize direct sales; the licensing authority may revoke licences held contrary to those rules.
Section 11. Limitation of a coffee licence Section 11(1) A holder of a coffee buyer's licence or any other entity associated with such holder shall not be licensed as a commercial miller, broker, roaster, agent or warehouseman. Section 11(2) A buyer's licence shall not authorize the buyer to engage in direct sales. Section 11(3) The respective licensing authority may revoke any licence, which is found to be held in contravention of subregulations (1) and (2). Section 11(4) Licences issued by the licensing authority shall run from 1st October to 30th September of every year and application for renewal of a licence shall be made to the Authority not late than the 1st day of the month of September in which the current licence is to expire. [L.N. 102/2022, r. 7.] - 12
REGISTRATION AND LICENSING - 12. Conditions of licence
AI-assisted research summary: Applicants must meet the requirements and pay the applicable fees; licence holders must specify business premises; licensed persons must comply with industry standards; licence holders must submit monthly returns to the licensing authority.
Section 12. Conditions of licence Section 12(1) The issuance of the licences specified under these Regulations shall be subject to the applicants meeting the respective requirements for such issuance set out in Part A of the Second Schedule and payment of the applicable fees as specified in Part B of the same Schedule. Section 12(2) A licence holder shall specify the premises upon which the business specified in the license shall be conducted. Section 12(3) Every licensed person shall comply with the Kenya Coffee Industry Standards, Industry Code of Practice and the Industry regulatory framework. Section 12(4) Every licence holder shall submit monthly returns as required, to the licensing authority. - 13
REGISTRATION AND LICENSING - 13. Licensing procedure
AI-assisted research summary: Rules for licensing procedure: licensing authority may grant or reject licences after inspection; if rejected it must notify applicants with reasons within 14 days; applicants may resubmit, appeal administrative rejections within 30 days, and seek judicial recourse within 30 days; licensing authority must publish notice at least 30 days before granting and include specified particulars and invite objections to be lodged within 14 days; licences are not to be withheld without reasonable cause.
Section 13. Licensing procedure Section 13(1) A licensing authority may, after inspection and evaluation of an application received under these Regulations, grant the licence applied for or reject the application. Section 13(2) Where a licensing authority rejects an application, the licensing authority shall notify the applicant accordingly, giving reasons for the rejection within fourteen days from the date of the decision of the licensing authority. Section 13(3) The applicant may resubmit an application following such rejection after addressing the issues raised in the notification from the licensing authority. Section 13(4) Where the licensing authority rejects an application after resubmission under subregulation (3), the applicant may appeal to the Cabinet Secretary or in the case of a county government, appeal to the County Executive Committee through the County Secretary within thirty days of notification of the rejection by the licensing authority. Section 13(5) Where an applicant is dissatisfied with the decision of the Cabinet Secretary or the County Executive Committee in sub regulation (4), the applicant may seek judicial recourse within thirty days of the decision. Section 13(6) The licensing authority shall, at least thirty days before granting a new licence under these Regulations, give notice of the proposed grant in the Gazette and in such other manner as the authority may determine. Section 13(7)(a) specify the name or other particulars of the person or class of persons to whom the licence is to be granted; Section 13(7)(b) state the purpose for the proposed licence and indicate the date such licence is proposed to be issued to the successful applicant; and Section 13(7)(c) invite objections to the proposed grant of licence and direct that such objections be lodged with the licensing authority within fourteen days from the date of the notice. Section 13(8) The licensing authority may after considering the objections, if any, made under this regulation, grant the licence applied for, subject to such terms and conditions as may be specified therein. Section 13(9) The issuance of a licence to an applicant under these Regulations shall not be withheld without reasonable cause. Section 13(10) A licence issued under these Regulations shall not be transferable. Section 13(11) The gazettement of licences under this regulation excludes licences and certificates issued to coffee growers. - 14
REGISTRATION AND LICENSING - 14. Duration of licences
AI-assisted research summary: License holders may apply to renew licences by 1st June preceding the licence's expiry; licences expire on 30th June each year.
Section 14. Duration of licences Section 14(1) Licences issued by the licensing authority shall expire on the 30th June of every year and license holders wishing to renew the licences may apply by 1st June preceding the expiry of the licence. Section 14(2) Notwithstanding the provisions of subregulation (1), a late application may be made upon payment of a late application fee as set out in the Second Schedule. - 15
REGISTRATION AND LICENSING - 15. Movement permits
AI-assisted research summary: Movement of coffee requires original movement permits issued and managed by the licensing authority or, in specified cases, by county governments or the Authority; persons must not move coffee without such permits and licence holders must not alter permit particulars.
Section 15. Movement permits Section 15(1) The movement of coffee shall be managed through the issuance of movement permits by the licensing authority provided that no movement permit shall be issued under these Regulations to any person other than a licence holder, and the licence holder shall not alter the particulars entered therein. Section 15(2) A person shall not move coffee or cause any coffee to be moved without an original movement permit issued by the licensing authority in accordance with sub regulation (1). Section 15(3) Duplicate copies or photocopies of the original movement permit shall not be used for coffee movement. Section 15(4) Any vessel used for coffee transportation shall conform to the Kenya Coffee Standards. Section 15(5) The respective county governments shall monitor the movement of parchment coffee between stores and the movement of clean coffee and hulled buni to the market in order to ensure that the coffee is safe and to avoid any illegal coffee dealings. Section 15(6)(a) in the case of buni and parchment, by the respective county of origin; or Section 15(6)(b) in the case of clean coffee from the coffee mills to the warehouses, by the respective county governments; Section 15(6)(c) in the case of movement of clean coffee by buyers upon purchase, or movement of purchased clean coffee to warehouses by millers, or movement of clean coffee for export or import, permits shall be issued by the Authority. Section 15(7) Sub regulation (2)(a) shall not apply to a smallholder moving own coffee between the farm and the pulping station where he is registered. Section 15(8) A coffee movement permit shall take the format prescribed under the First Schedule to these Regulations. Section 15(9) A person who moves coffee contrary to this regulation commits an offence. - 16
REGISTRATION AND LICENSING - 16. Obligations of licence holders
AI-assisted research summary: Licence holders and other service providers under these Regulations must observe the obligations set out in the Third Schedule.
Section 16. Obligations of licence holders Section 16(1) Licence holders and other service providers under these Regulations shall observe the obligations set out in the Third Schedule. Section 16(2) The obligations set out in the Third Schedule shall form part of every contract between a grower and a grower's respective service provider or agent whether expressly provided for in the contract or not. Section 16(3) All service agreements entered under these Regulations shall be registered with the Authority and the respective county governments. - 7
REGISTRATION AND LICENSING - 7. Registration
AI-assisted research summary: Sets registration and record-keeping rules for growers, nursery operators, co-operatives, associations, estates, warehouses and related actors; assigns registration duties to county governments and the Authority; bans registration fees; prescribes management committee terms and gender composition; allows factories to apply to register as co-operatives with a production threshold for single factories; and requires county-issued distinguishing marks and grower codes.
Section 7. Registration Section 7(1) Every grower shall be registered by the county government where his coffee is grown. Section 7(2) Every coffee nursery operator, co-operative society, coffee association and coffee estate shall register with the county government where they operate. Section 7(3) A small holder may register with a co-operative society or any other legal entity of which he is a member. Section 7(4) The county governments shall maintain up-to-date registers of all nursery operators, coffee co-operative societies, coffee associations, coffee estates and share the information with the Authority. Section 7(5) The Authority shall register all coffee warehousemen, warehouses, coffee miller-marketer, grower marketer, grower miller, auction organizer, coffee buyers, coffee bags suppliers, roasters, importers, and certification companies, maintain an up-to-date register and share the register with respective county governments. Section 7(6) Neither the Authority nor the county governments shall charge any registration fee. Section 7(7) Registration shall take the format prescribed by Form H for growers and Form H1 for dealers in the First Schedule in these Regulations. Section 7(8) The management committees of a coffee co-operative and grower associations shall serve for a period of five-year term renewal once. Section 7(9) In electing management committee members under this section, a cooperative society or an association shall ensure that not more than two thirds of the members are of one gender. Section 7(10) In electing management committee members under this section, nominees for the board shall meet the requirements of Chapter Six of the Constitution. Section 7(11) Notwithstanding the provisions of any other law, every coffee factory may, by resolution of its members in an Annual General Meeting, apply for registration as a cooperative society under the Co-operative Societies Act (Cap. 490) Provided single factories seeking registration as cooperative societies shall demonstrate an average coffee production of 500,000 kgs for the immediate preceding three years. Section 7(12) The County Government, in consultation with the Authority, shall issue a distinguishing mark and a grower code. Section 7(13) No estate, association, company or a co- operative society offering coffee for sale or export shall use any distinguishing mark and grower code to market and identify such coffee unless the mark is registered by the county government in consultation with the Authority. [L.N. 102/2022, r. 5.] - 8
REGISTRATION AND LICENSING - 8. Application for a licence, certificate or permit
AI-assisted research summary: Persons who intend to engage in coffee business must apply to the Authority or county government using the required forms and execute the self-declaration; persons who deal in coffee must carry and produce issued certificates or permits on request and submit returns in the First Schedule format; coffee farmers are exempt from the application requirement.
Section 8. Application for a licence, certificate or permit Section 8(1) A person who intends to engage in coffee business shall apply to the Authority or the county government, as the case may be, using the respective application forms and execute a self-declaration form as set out in the First Schedule, and shall be issued with a licence, certificate or permit in the corresponding form set out in the same Schedule, upon fulfillment of all requirements and payment of the prescribed fee set out in the Second Schedule. Section 8(2) The provisions of subregulation (1) shall not apply to a person engaged in coffee farming. Section 8(3) A person who deals in coffee shall produce the certificate, permit or license respectively issued under subregulation (1) upon request by an inspector or such other authorized persons at all times. Section 8(4) A person who deals in coffee shall submit returns to the licensing authority in the format set out in the First Schedule. Section 8(5) A person who contravenes this regulation commits an offence. - 9
REGISTRATION AND LICENSING - 9. Prohibition against operating without a certificate, permit or licence
AI-assisted research summary: A person must not carry out coffee-related activities such as pulping, milling, warehousing, export, import, trade, transport, possession or other dealings unless they hold a valid certificate, permit or licence issued by the Authority or the county government.
Section 9. Prohibition against operating without a certificate, permit or licence Section 9(1) A person shall not pulp, mill, warehouse, export, import, trade, transport, possess or otherwise deal in or transact any business in coffee unless the person holds a valid certificate, permit or licence issued by the Authority or the county government for that purpose. Section 9(2) A person who contravenes this regulation commits an offence.
Part IV
PRODUCTION AND PROCESSING
- 17
PRODUCTION AND PROCESSING - 17. Notification after planting, uprooting coffee exchange of details of farm or estate
AI-assisted research summary: County governments must maintain coffee area data; co‑operatives or legal entities must keep growers' tree records and notify the county as specified; county governments must file growers' registers with the Authority annually.
Section 17. Notification after planting, uprooting coffee exchange of details of farm or estate Section 17(1) Data on area of coffee planted or uprooted within a county shall be maintained by the respective county government. Section 17(2) A co-operative society or other legal entity shall maintain growers' records of number of trees planted or uprooted. Section 17(3) The co-operative society or other legal entity shall notify the county government of the details maintained under subregulation (2) and as specified in Form H set out in the First Schedule. Section 17(4) The county government shall file the growers' registers with the Authority annually. - 18
PRODUCTION AND PROCESSING - 18. Coffee Industry Standards and Code of Practice
AI-assisted research summary: The Authority and the county governments must enforce the coffee industry code of practice and standards for production, processing, marketing and quality control.
Section 18. Coffee Industry Standards and Code of Practice Section The Authority and the county governments shall enforce the coffee industry code of practice and standards on the coffee production, processing, marketing and quality control. - 19
PRODUCTION AND PROCESSING - 19. Certification of Kenya Coffee
AI-assisted research summary: Requires the Authority to promote coffee certification schemes; mandates registration of certification schemes, requires millers to declare and provide proof of certified coffees, and allows players in the coffee value chain to seek certification.
Section 19. Certification of Kenya Coffee Section 19(1) The Authority shall promote coffee certification schemes for Kenyan coffee and geographical indications. Section 19(2) The certification schemes operating within the coffee industry shall register with the Authority prior to the commencement of their operations in Form I set out in the First Schedule. Section 19(3) Certified coffee shall be identified and labelled according to the respective certification schemes for traceability and marketing. Section 19(4) A coffee grower miller or any other player in the coffee value chain may seek certification to ensure the quality of coffee, the quality of service and secure market confidence. Section 19(5) A miller shall declare certified coffees in the sales catalogue. Section 19(6) Certified coffee shall be traded in accordance with these Regulations and any other laws that may govern the auction. Section 19(7) A coffee miller shall provide documentary proof of certification to the auction before such coffees are offered for sale. [L.N. 102/2022, r. 8.] - 20
PRODUCTION AND PROCESSING - 20. Research and Prohibition of issuance of coffee seeds or seedlings
AI-assisted research summary: Sets who may validate coffee research; requires the Kenya Agricultural and Livestock Research Organization (or its authorized agents) to issue certified coffee seeds/seedlings; requires third parties issuing planting material to obtain certification; prohibits operating a coffee nursery without a county licence; allows the Authority to licence importation of coffee planting material subject to conditions.
Section 20. Research and Prohibition of issuance of coffee seeds or seedlings Section 20(1) The Kenya Agricultural and Livestock Organization may validate coffee research findings from other accredited research institutions. Section 20(2) The Kenya Agricultural and Livestock Research Organization or its authorized agents operating coffee seed production units under their supervision, shall issue certified coffee seeds or seedlings for multiplication in any coffee nursery for distribution to any other grower or for export. Section 20(3) Notwithstanding the provisions of subregulation (2) any person who issues coffee planting materials for multiplication or distribution other than the Kenya Agricultural and Livestock Research Organization shall obtain certification from institutions legally mandated by statute to issue certification. Section 20(4) A person shall not establish or operate a coffee nursery unless the person is licensed by the respective county government. Section 20(5) The Authority may upon application, licence a person to import coffee planting material for nursery establishment subject to conditions set out under the Second Schedule. Section 20(6)(a) visits and inspects the site and is satisfied that the site is suitable for establishment of a nursery; and Section 20(6)(b) is satisfied that the nursery licence holder or their agents have adequate knowledge of nursery management and production techniques. - 21
PRODUCTION AND PROCESSING - 21. Requirements relating to coffee pulping
AI-assisted research summary: Specifies who must carry out primary coffee processing, requirements for weighing and calibration, duties of licence holders to allow inspections, submit returns, and comply with Schedules, and a twelve‑month deadline to adopt digitized weighing where missing.
Section 21. Requirements relating to coffee pulping Section 21(1) The primary processing of coffee shall be carried out by an estate or a grower's co-operative society or other association comprising growers under a pulping station licence. Section 21(2) The pulping station licence shall include authority to undertake hulling of own parchment or buni , provided the hulling activity is registered with the County Government and shared with the Authority. Section 21(3)(a) appropriately weigh each grower's cherry using digitalized coffee weighing scales and post the information on quantity and quality to the grower and to a central database made accessible to the grower, for traceability: Provided that the cooperative society or such other association which does not have digitized weighing and information systems shall put the same in place within a period not exceeding twelve months upon the commencement of these Regulations; Section 21(3)(b) coffee weighing scales shall be annually calibrated by the government agency responsible for weights and measures and such calibration evidence shall be appended to the weighing scales in form of seals; Section 21(3)(c) in handling parchment, do quality analysis of the dry parchment prior to storage and shall only mix parchment that is of similar quality; and Section 21(3)(d) insure the coffee against loss and damage while at the station and in transit and reinforce the security of the station to guard against theft of coffee. Section 21(4) The licence holder shall allow free access to the premises by the inspectors authorized by the respective licensing authorities for inspection to ensure compliance of the licence holder with these Regulations. Section 21(5) The licence holder shall submit returns on the coffee received and processed to the respective county governments in the format set out in the First Schedule. Section 21(6) The licence holder shall comply with the requirements set out in the Schedules to these Regulations. - 22
PRODUCTION AND PROCESSING - 22. Requirements relating to coffee milling
AI-assisted research summary: Rules governing procurement, operations and quality procedures for coffee millers and societies, including procurement of licensed miller-marketers, disclosure, filing resolutions, sample submission, digitization, insurance, traceability and compliance with standards.
Section 22. Requirements relating to coffee milling Section 22(1) Every coffee society shall, by resolution of its management meeting, competitively procure services of a licensed miller-marketer for the milling parchment and buni coffee and the marketing of clean coffee, or as the case may be. Section 22(1A) The management of every society shall, within two months of the end of the crop year, convene a meeting of its members to ratify the miller-marketer procured under subregulation (1). Section 22(1B) The County Executive Committee Member responsible for cooperatives shall attend or designate a representative to attend the meeting referred to in subregulation (1A). Section 22(1C) Every registered miller participating in the meeting under subregulation (1A) shall disclose all charges and fees that may be incurred in the milling process to enable growers make an informed decision. Section 22(1D) Every resolution made under this regulation with regards to the procurement of a miller-marketer, shall within fourteen days of the meeting, be filed with the Authority and copied to the respective County Government. Section 22(2) A miller-marketers licensed under these Regulations shall charge up to one per centum (1%) of the value of the coffee sold as marketing commission. Section 22(2A) The milling losses allowable under this clause may be capped at nineteen percent of parchment coffee milled. Section 22(2B) The cost of coffee milling and related activities (handling, sorting, grading, packaging, warehousing charges) shall not exceed Ksh 4,000.00 per ton of coffee delivered. Section 22(3) A coffee miller shall allocate an out-turn number for every coffee delivered and received for purposes of traceability. Section 22(4) A commercial miller shall ensure that the grower or grower's representative is given reasonable notice to be present during the milling process. Section 22(5) A coffee miller shall take out comprehensive insurance cover against fire, theft, and other risks for all coffee in its possession and custody. Section 22(6) Every miller shall account for mill spillage or sweepings and all other coffee by-products to the growers and the Authority. Section 22(7) Every miller shall digitize its operations to ensure weight precision, timely dissemination of information and protection of growers' data: Provided that a miller who does not have digitized weighing and information systems shall put the same in place within a period not exceeding twelve months upon the commencement of these Regulations. Section 22(8) The county governments and the Authority shall, separately or jointly undertake regular inspections to ensure compliance with these Regulations by the coffee mills. Section 22(9) A coffee grower may deliver coffee samples not exceeding 500 grams of parchment or buni for independent quality analysis prior to the actual delivery to a commercial coffee miller and such laboratories shall issue the grower with a quality report. Section 22(10) A coffee miller shall remit 200 gram samples for each grade of an out-turn to the Authority for quality analysis and assessment of conformity with coffee standards. Section 22(11) A miller shall submit returns on coffee received and milled to the Authority and the respective county government in Form C5 set out in the First Schedule. Section 22(12) A coffee miller shall comply with the Kenya Standard coffee grades set out in the Fifth Schedule and the regional and international coffee standards. Section 22(13) A coffee miller may bulk parchment or buni coffee to attain millable quantities and shall ensure only coffees of similar qualities are bulked for purposes of preservation of the quality and general characteristics: Provided that the coffee miller shall avail such information to the auction organiser and the direct settlement system provider on proportions of the bulked coffees for purposes of processing payments. Section 22(14) For purposes of marketing under direct sales, a miller may categorize and bulk coffee as per the instructions of the grower to meet specific market requirements as instructed by the overseas buyer. Section 22(15) A co-operative society or other legal entities representing smallholder growers shall competitively procure services of the miller or other service providers to whom the coffee is intended to be delivered before entering into such contracts in the Form J as set out in the First Schedule. Section 22(16) The terms of agreement between a licensed grower and a commercial miller for the milling of coffee shall be reduced into writing and shall be in the form set out in the Fourth Schedule. [L.N. 102/2022, r. 10.]
Part V
COFFEE TRADING AND MARKETING
- 23
COFFEE TRADING AND MARKETING - 23. Coffee trading
AI-assisted research summary: Section 23 regulates coffee trading: it creates an auction managed by a licensed auction organiser, permits licensed buyers and marketers to trade at the auction, requires buyers to remit a 200‑gram sample to the Authority, prohibits miller-marketers from offering growers financial support and prohibits licence-holders from buying coffee (an offence), and requires auction organisers to establish systems and meet Second Schedule requirements.
Section 23. Coffee trading Section 23(1)(a) the auction; and Section 23(1)(b) direct sales. Section 23(1A) A coffee miller-marketer shall be prohibited from offering a grower financial support. Section 23(1B) The Coffee Auction shall be managed by an auction organiser who shall be licensed by the Authority. Section 23(2) The prices offered at the direct sales shall be competitive and bear a favorable comparison to those discovered at the auction. Section 23(3) A buyer, roaster, a miller-marketer, grower marketer licensed by the relevant licensing authority, may trade at the auction in accordance with these Regulations and any other laws that may govern the auction. Section 23(4) A buyer shall remit to the Authority a sample of 200 grams of clean coffee representing the consignment destined for shipment to the overseas buyer for purposes of arbitration in case of disputes and for quality control. Section 23(5) It shall be an offence for a holder of a miller-marketing licence to participate by himself or by his agent in the buying of coffee. Section 23(6) Parallel directorships and cross ownership of shares in miller-marketers and coffee buying companies is prohibited. Section 23(7) The auction organizer shall establish an auction system for the conduct of auctions for Kenya Coffee and such system may facilitate trading in coffees from the region. Section 23(8) An auction organizer shall fulfil requirements under the Second Schedule under these Regulations. [L.N. 102/2022, r. 11.] - 24
COFFEE TRADING AND MARKETING - 24. Direct sales
AI-assisted research summary: Licensed growers or legal entities representing growers may undertake direct sales and may sell their clean coffee to licensed roasters (subject to the roasters complying with licensing requirements and Third Schedule obligations). Prospective direct-sale buyers have a right of first refusal at auction if the auction price is higher; the Authority issues inspection certificates for direct sales in the prescribed Sixth Schedule format.
Section 24. Direct sales Section 24(1) A licensed grower, other legal entity representing growers may undertake direct sales. Section 24(2) A licensed grower or other legal entity representing growers may sell own clean coffee to licensed roasters for local value addition and sale, provided that the roasters shall comply with requirements set by the licensing authority and meet the obligations under the Third Schedule. Section 24(2A) Direct coffee sales shall be subject to price competition at an auction whereby the Direct sales price shall serve as a reserve price. Section 24(2B) Where the coffee referred to in subsection (2) fetches a higher price at the Coffee auction than the direct sale price offered, the prospective direct sale buyer shall have the right of first refusal to buy the coffee at the auction price. Provided that if the prospective direct sales buyer refuses to buy the coffee at the Coffee auction price, the coffee shall be sold to highest bidder above the reserve price at the auction. Section 24(3)(a) a copy of the contract; Section 24(3)(b) the coffee grade; Section 24(3)(c) the coffee quantity; Section 24(3)(d) the coffee price; Section 24(3)(e) details of a certification scheme, where applicable; Section 24(3)(f) quality report; Section 24(3)(g) mode of payment; and Section 24(3)(h) a dispute resolution clause. Section 24(4) Direct sales shall be conducted according to the guidelines issued by the Authority in consultation with the county governments under the Sixth Schedule. Section 24(5) The notification shall be deposited at the Authority for registration and facilitation with exportation documentation. Section 24(6) A certificate of inspection shall be issued by the Authority on coffee to be sold under direct sales in the format prescribed under the Sixth Schedule. [L.N. 102/2022, r. 12.] - 25
COFFEE TRADING AND MARKETING - 25. Management of the auction
AI-assisted research summary: Sets duties for the auction organiser, growers, warehousemen, commercial banks and the direct settlement system to manage auctions, register and remit proceeds, issue warrants/receipts, and requires specific actions such as supplying grower particulars, lodging contracts, remitting proceeds within five working days, and paying factories five per centum of net value.
Section 25. Management of the auction Section 25(1) The auction organizer shall manage the auction floor, central sample room, information registry and the direct settlement system, maintain records relating to coffee sales, coffee samples and sweepings, and avail sales catalogues to interested parties. Section 25(2) The proceeds of the sale of coffee by the auction shall, be deposited in a direct settlement system established in accordance with the laws that govern the auction. Section 25(3) The grower or the grower’s authorized representatives, shall after the commencement of these Regulations, supply through the auction all the necessary particulars of the grower to the commercial banks providing the direct settlement system to the grower, for purposes of initiating the settlement system Section 25(4) The grower or the grower’s authorized representatives shall through the auction organiser, lodge with the commercial banks providing the direct settlement system, any relevant contracts of service for which payment will be due from the grower, and any other document showing outstanding liabilities payable by the grower, for purposes of settlement through the system. Section 25(5) The particulars supplied shall take the format prescribed by Form P set out in the First Schedule. Section 25(6) The grower or the grower’s authorized representatives and the auction organizer shall ensure that the information provided under subregulations (3) and (4) herein above is correct and relevant and they shall be liable for any loss or other consequences resulting from any incorrect information given to appointed commercial banks providing the settlement system. Section 25(7) The Direct Settlement System provider shall remit coffee sales proceeds to the coffee growers and settle service provider’s fees and other liabilities within five working days from the receipt of the proceeds of sale of coffee. Section 25(8) All payments to growers for coffee sold and for services rendered for such coffee whether by miller-marketers, warehousemen, auction organizers, coffee societies and factories shall be paid into their individual accounts from the direct settlement system. Section 25(9)(a) a miller shall deposit clean and graded coffee at a designated licensed warehouse, and where the clean coffee is a bulk, the miller shall provide details of the bulk and the proportions of the respective growers’ coffee; Section 25(9)(b) coffee shall meet the Kenya coffee quality standards for commodity trading at the exchange; Section 25(9)(c) the warehouseman shall issue a coffee warrant in the form set out in the Eighth Schedule or transferable warehouse receipts as the case may be, stating the quantity and quality of the coffee deposited and ensure traceability of the coffee; Section 25(9)(d) for purposes of sale, the grower miller or appointed broker shall input the details of the coffee warrant or warehouse receipt as the case may be, into the central registry of the exchange; Section 25(9)(e) the warehouseman shall guarantee delivery of the coffee described in the coffee warrant or warehouse receipt as the case may be, and in the event of loss or failure of delivery, the warehouseman shall be liable; Section 25(9)(f) the warehouseman or an appointed collateral manager shall confirm that the warehouse receipt or coffee warrant as the case may be, is valid by inspecting and auditing coffee in the warehouse; Section 25(9)(g) upon verification, details in the information registry shall be confirmed into the central order book ready for trading; Section 25(9)(h) the auction organizer in consultation with grower marketers or appointed miller marketers shall set the volumes, lot sizes, dates and times for holding of coffee auctions and determine the order of the sales catalogues for every sale and ensure that reasonable access to the auction is given to all persons licensed to trade; Section 25(9)(i) the grower shall, either directly or in consultation with the miller marketer, set the reserve price for the coffee for every sale taking into account the quality of the coffee, the prevailing auction prices and the international production and market trends; Section 25(9)(j) where a bid for coffee at the auction has not been confirmed, the grower miller or miller marketer shall disclose the reserve price at the trading floor and where the disclosure of the reserve price does not attract any competitive offers, the coffee shall be withdrawn and re-offered for sale at a subsequent auction; Section 25(9)(k) all trading in coffee at the auction shall be concluded at the trading floor of the auction; Section 25(9)(l) once auction is complete, successful bidders shall be invoiced by the grower miller or miller marketer and payments of the proceeds shall be effected to the grower through direct settlement system net of contract and statutory charges; Section 25(9)(m) upon confirmation of payment by the direct settlement system and endorsement by the auction organizer, title to coffee shall be transferred to the buyer or roaster by changing ownership details in the coffee warrant or warehouse receipt, as the case may be, at the central registry; Section 25(9)(n) the new owners will thereafter be at liberty to take delivery of the coffee; and Section 25(9)(o) a coffee warrant or warehouse receipt as the case may be, issued by the warehouseman to a depositor of coffee shall be transferable to a new holder who has purchased the coffee and is entitled to take its delivery upon presentation of the coffee warrant or warehouse receipt endorsed by the auction organizer to the warehouseman. Section 25(10) Payments to factories or societies from the direct settlement system for operations and maintenance shall be five per centum of the value of coffee sold net of the milling, warehousing and marketing costs. Section 25(11) The auction organizer shall disseminate market information for every auction and an analysis of performance on, weekly and monthly basis. Section 25(12) The obligations of the auction and the direct settlement system provider shall be as set out in the coffee trading rules and these Regulations. Section 25(13) A commercial bank which express an interest towards establishment of a direct settlement system shall fulfil requirements stipulated under the Second under these Regulations. Section 25(14) The auction organizer shall enter into service agreements with commercial banks which qualify and are appointed to offer the services of direct settlement system services for the coffee subsector. Section 25(15) A commercial bank appointed to offer direct settlement services shall submit returns to the auction organizer. Section 25(16) A person who contravenes this regulation commits an offence. [L.N. 102/2022, r. 13.] - 26
COFFEE TRADING AND MARKETING - 26. Sales catalogue
AI-assisted research summary: Grower-marketers or miller-marketers must prepare a sales catalogue for all coffee in a licensed warehouse, in consultation with the auction organizer and in accordance with the coffee trading rules and these Regulations.
Section 26. Sales catalogue Section 26(1) A grower marketer or a miller-marketer in consultation with the auction organizer shall prepare a sales catalogue for all the coffee in a licensed warehouse in accordance to the coffee trading rules and these Regulations. Section 26(2) A sales catalogue shall contain the particulars set out in the Seventh Schedule. [L.N. 102/2022, r. 14.] - 27
COFFEE TRADING AND MARKETING - 27. Coffee promotions
AI-assisted research summary: The Authority may co-ordinate coffee stakeholders at national and international events to promote Kenya coffee.
Section 27. Coffee promotions Section The Authority may co-ordinate coffee stakeholders, including County Governments, growers and buyers at national and international events for the purpose of promoting Kenya coffee. - 28
COFFEE TRADING AND MARKETING - 28. Coffee warehousing in designated warehouses
AI-assisted research summary: Section 28 requires county-licensed warehouses and sets duties for county governments, the Authority, and warehousemen including inspection, licensing, insurance, accounting for losses, and prohibits warehousemen from having liens; operating a warehouse contrary to the regulation is an offence.
Section 28. Coffee warehousing in designated warehouses Section 28(1) All coffee shall be stored in warehouses duly licensed by the respective county governments. Section 28(2) Premises shall not be designated as a coffee warehouse by the county government unless the premises are inspected, approved, and licensed by the county government. Section 28(3) A licensed warehouse shall conform to the standards issued by the Kenya Bureau of Standards and shall be duly certified by a public health officer. Section 28(4) The Authority and county governments shall inspect warehouses and warehousing activities on a regular basis. Section 28(5) A warehouseman shall not have a lien of any nature over coffee whether the coffee is in his possession or not. Section 28(6) A warehouseman shall insure all coffee in his warehouse or under his custody against fire, theft and other insurable risk. Section 28(7) Coffee shall not be removed from a warehouse without an endorsed coffee warrant or warehouse receipt as the case may be. Section 28(8) A warehouseman shall account for any weight or quality loss to the growers, agents, buyers or roasters. Section 28(9) A person who operates a warehouse contrary to this regulation commits an offence. - 29
COFFEE TRADING AND MARKETING - 29. Export and import of coffee
AI-assisted research summary: Persons may not export coffee unless they present a phytosanitary certificate; the Authority must authorize coffee exports and imports by issuing licences and permits.
Section 29. Export and import of coffee Section 29(1) A person shall not export coffee or cause any coffee to be exported unless a phytosanitary certificate issued by the competent authorities is presented to the Commissioner of Customs and Excise. Section 29(2) The Authority shall authorize all coffee exports through issuance of the coffee buyer's licence, notification and registration of direct sales contracts, Certificate of Origin, certificate of quality and movement permits. Section 29(3) The Authority shall authorize coffee imports through issuance of import permits or a buyer's licence: Provided clean coffee imports shall be accompanied by the Certificate of origin and a Phytosanitary certificate issued by country of origin. - 30
COFFEE TRADING AND MARKETING - 30. Prohibition against blending
AI-assisted research summary: A person who blends Kenyan coffee with coffees produced outside Kenya must declare the percentage of Kenyan coffee in the blend.
Section 30. Prohibition against blending Section 30(1) A person who blends any or various grades of coffee produced in Kenya with any other coffees produced outside Kenya shall declare the percentage of Kenyan coffee in the blend. Section 30(2) A person who contravenes this regulation commits an offence. - 31
COFFEE TRADING AND MARKETING - 31. Exemption
AI-assisted research summary: The Authority must not require a buyer's license for clean coffee that is only a sample or a parcel weighing no more than twenty kilograms, provided it meets other licensing and certification requirements.
Section 31. Exemption Section Clean coffee which consists only of a sample or a parcel not exceeding twenty kilograms in weight shall not require a buyer's license from the Authority provided that it fulfils other relevant licensing and certification requirements.
Part VI
QUALITY ASSURANCE
- 32
QUALITY ASSURANCE - 32. Quality Assurance for Coffee Industry
AI-assisted research summary: Section 32 assigns the Authority and county governments responsibilities for quality assurance across the coffee value chain, including training, licensing, establishing cupping centres, sampling and inspections.
Section 32. Quality Assurance for Coffee Industry Section 32(1) The Authority and county governments shall collaborate in the enforcement of coffee industry standards along the value chain, for purposes of quality assurance. Section 32(2) The Authority, in consultation with an accredited university of higher learning, and industry stakeholders, shall develop a training curriculum, conduct examinations and jointly issue certificates for coffee liquorers. Section 32(3) The Authority may enter into a memorandum of understanding with an accredited university in the training and administration of liquorers' examinations. Section 32(4) A person certified as a liquorer shall apply for a practicing licence to the Authority to offer independent liquoring services. Section 32(5) The Authority shall, in collaboration with county governments, establish cupping centers in the counties for the purpose of coffee quality analysis and capacity building. Section 32(6) Coffee quality analysis at the cupping centers shall be carried out by certified liquorers. Section 32(7) Quality Assurance officers from the Authority shall carry out assessments on coffee quality maintenance at any premises that handles coffee along the value chain. Section 32(8) The Authority shall upon application, licence a cupping independent centre subject to conditions set out under the Second Schedule. Section 32(9) The Authority shall be at liberty to sample coffee at any stage of the value chain from the primary factories to mills, warehouses, roasting facilities, export consignments and coffee auctions for analysis to ascertain the pesticides residue levels and ensure compliance with the maximum permissible residue levels at Kenya's coffee market destinations locally and internationally. Section 32(10) The Authority in consultation with county governments shall monitor maintenance of pesticide spraying records by coffee growers to enforce compliance with the permissible pesticides residue levels in coffee beans. Section 32(11) The Authority shall inspect coffee storage bags, wholesalers, suppliers, manufacturers and importers to check against potential contamination and samples of such coffee bags shall be subjected to relevant tests for possible contaminants. [L.N. 102/2022, r. 15.] - 33
QUALITY ASSURANCE - 33. Inspection
AI-assisted research summary: The Authority and county governments must inspect various coffee-related actors and facilities; those persons must give inspectors full access; the Authority must gazette inspectors when appointed.
Section 33. Inspection Section 33(1) The Authority and the county governments, shall separately or jointly conduct inspection of miller-marketer, grower-miller and grower-marketer, coffee farms, coffee nurseries, pulping stations, coffee mills, warehouses, cupping centres, roasters or coffee buyers' vessels transporting coffee to ascertain compliance with the requirements of the Act and these Regulations. Section 33(2) A smallholder, a grower, a pulping station operator, a transporter, a miller, a warehouseman or a buyer shall accord an inspector full and free access and all necessary assistance during the inspection. Section 33(3)(a) a degree from an accredited university in agriculture, agricultural engineering, food science and technology, or a related course; Section 33(3)(b) three years' minimum experience in agriculture or related field; Section 33(3)(c) satisfies chapter six of the Constitution; Section 33(3)(d) has English and Kiswahili languages proficiency; Section 33(3)(e) computer literacy; and Section 33(3)(f) any other additional requirement by the licensing authority. Section 33(4) The Authority shall gazette inspectors upon their appointment. [L.N. 102/2022, r. 16.] - 34
QUALITY ASSURANCE - 34. Conformity certificates and compliance reports
AI-assisted research summary: The Authority must issue annual standards conformity certificates to specified coffee sector actors and must issue compliance reports to county governments regarding nursery operators and pulping station licence holders.
Section 34. Conformity certificates and compliance reports Section 34(1) The Authority shall issue annual standards conformity certificates to coffee miller-marketer, grower-miller and grower-marketer, warehousemen, buyers and roasters in a format prescribed by the Authority and such certificates may inform county governments in the renewal of licences. Section 34(2) The Authority shall issue to county governments reports on the compliance with standards and the regulatory framework by nursery operators and pulping station licence holders and such reports may inform renewal of licences. [L.N. 102/2022, r. 17.] - 35
QUALITY ASSURANCE - 35. Prohibition against removal of labels, seals, etc.
AI-assisted research summary: A person must not remove labels or seals or open technically sewn or closed packets of coffee, except if they have the express written authority of a grower or when done for inspection to determine validity and genuineness or for other lawful cause.
Section 35. Prohibition against removal of labels, seals, etc. Section A person shall not, except with express written authority of a grower, remove labels or seals or open technically sewn or closed packets of coffee unless for the purpose of inspection to determine their validity and genuineness or for other lawful cause. - 36
QUALITY ASSURANCE - 36. Coffee Imports to conform to standards
AI-assisted research summary: Imported coffee must meet Kenya coffee standards; clean imports must have a certificate of origin; non‑conforming coffee may be destroyed by court order and the owner's import and permit may be suspended and cancelled.
Section 36. Coffee Imports to conform to standards Section 36(1) All coffee imported to Kenya shall conform to the Kenya coffee standards. Section 36(2) Clean coffee imported shall be accompanied by a certificate of origin from the country of origin. Section 36(3) Coffee, which does not conform to the Kenya coffee standards shall be destroyed upon an order of a court of competent jurisdiction obtained in proceedings instituted by the Authority with due notice to the importer, and the import and permit of the owner may be suspended and subsequently cancelled. - 37
QUALITY ASSURANCE - 37. Survelliance
AI-assisted research summary: The Authority and county governments must jointly or separately carry out periodic surveillance among listed industry actors and locations to assess compliance with the coffee industry policy, standards, code of practice, laws and the general well‑being of the coffee industry.
Section 37. Survelliance Section 37(1) The Authority and county governments shall jointly or separately conduct periodic surveillance among growers, pulping stations, miller-marketer, grower-miller, grower marketer, roasters, processing plants, warehousing facilities, transporters, retail outlets, border points, and buyers' premises to assess the degree of compliance with the coffee industry policy, standards, code of practice, laws and the general well-being of the coffee industry. Section 37(2) Surveillance reports will be shared with county governments for purposes of standards and the regulatory framework enforcement. [L.N. 102/2022, r. 18.]
Part VII
GENERAL PROVISIONS
- 38
GENERAL PROVISIONS - 38. Digitization
AI-assisted research summary: The Authority, county governments, every licence holder, certificate holder and service provider must digitize and automate their operations for efficient service delivery and information dissemination.
Section 38. Digitization Section 38(1) The Authority, county governments, every licence holder, certificate holder and service provider shall digitize and automate their operations for efficient service delivery and information dissemination. Section 38(2)(a) multiple parties can access a common system; Section 38(2)(b) flow of data takes place seamlessly across the value-chain without corruption; Section 38(2)(c) the system is safe and secured and protected against unauthorized entry or access; Section 38(2)(d) access to the system is properly regulated and monitored with adequate mechanisms for continued integrity; and Section 38(2)(e) the records are not lost, destroyed or tampered with, and in the event of any loss or destruction, sufficient back-up is available in a secure place. Section 38(3) The digitization referred to in subregulation (1) shall require the conversion of the entire value chain into a digital platform based on automation, computerization, integration across the value-chain and digital instrument usage including weigh scales, digital scanners, storage and inventory management. Section 38(4) The digitization and automation referred to in this regulation shall be put in place within a period of twelve months from the date of commencement of these Regulations. - 38A
GENERAL PROVISIONS - 38A. Society Loans
AI-assisted research summary: Interest on borrowing against growers’ assets held in trust by coffee co‑operative societies is capped at five per cent per annum; societies may only take loans or advances with a majority-members resolution; societies breaching the subsection commit an offence and loans in breach are statutorily converted; coffee farmers are not prohibited from borrowing directly from regulated financial institutions or government funds against their deliveries.
Section 38A. Society Loans Section The interest rate on borrowing against growers’ assets held in trust by the growers’ coffee co-operative societies such as assets, land, machinery, equipment, shall be capped at five per cent per annum. No society shall contract any loans or advances under subsection (a) except with the support of a resolution passed by a majority of the members to that effect. Any society that violates the provisions subsection (a) commits an offence and any loans borrowed in breach of this provision shall be statutorily converted. Nothing in this section shall be interpreted as prohibiting coffee farmers from directly borrowing money from regulated financial institutions or any government established funds against their deliveries of cherry, parchment and clean coffee. The trusteeship responsibility by the management committee of a coffee cooperative society is a Fiduciary duty of position of trust and directors shall have held liable for any directors. Waste and loss arising from negligence and breach of trust. [L.N. 102/2022, r. 19.] - 38B
GENERAL PROVISIONS - 38B. Coffee buyers Performance bond
AI-assisted research summary: The Authority must demand a performance bond from a coffee buyer who demonstrates a level of risk in the buyer’s operations (including sample purchases, payments against coffee purchases and settlement of trade obligations).
Section 38B. Coffee buyers Performance bond Section The Authority shall demand a performance bond from a coffee buyer who demonstrates a level of risk in buyer’s operations including; sample purchases, payments against coffee purchases and settlement of trade obligations. Provided the value of such performance bond shall be commensurate to the level of risk demonstrated by a coffee buyer. [L.N. 102/2022, r. 19.] - 39
GENERAL PROVISIONS - 39. Sharing of information
AI-assisted research summary: County governments must share details of registered and licensed growers and dealers with the Authority monthly or on other agreed timelines; the Authority must share registered and licensed dealers and other service providers within their county with the respective county governments on the same schedule.
Section 39. Sharing of information Section 39(1) The county governments shall share the information on registered and licensed growers and dealers with the Authority on a monthly basis or other agreed timelines. Section 39(2) The Authority shall share the information with the respective count governments on registered and licensed dealers and other service providers within their county on a monthly basis or other agreed timelines. - 40
GENERAL PROVISIONS - 40. Dispute Resolution
AI-assisted research summary: Disputes between two or more persons contracted, licensed or registered under these Regulations may be resolved by alternative dispute resolution first, with judicial proceedings as a last resort.
Section 40. Dispute Resolution Section Where any dispute arises between any two or more persons contracted, licensed or registered under these Regulations, the dispute may be resolved through alternative dispute resolution mechanism in the first instance with judicial proceedings as the last resort. - 41
GENERAL PROVISIONS - 41. Alteration of documents
AI-assisted research summary: A person shall not alter any document issued by a licensing authority or any other competent authority.
Section 41. Alteration of documents Section 41(1) A person shall not alter any document issued by a licensing authority or any other competent authority. Section 41(2) A person who contravenes this provision commits an offence. - 42
GENERAL PROVISIONS - 42. Inspections for specialty coffee
AI-assisted research summary: Persons contracted to produce and market specialty coffee must give authorised Authority inspectors access to farms, processing facilities, warehouses and coffee-transporting vessels and must produce documents or information related to production, processing and export when required for inspection.
Section 42. Inspections for specialty coffee Section Any person contracted to produce and market specialty coffee shall give access to persons authorized by the Authority to inspect the farms, processing facilities, warehouses and vessels transporting coffee and shall, when required to do so, produce for the purpose of inspection, any document or information related to production, processing and export of the coffee. - 43
GENERAL PROVISIONS - 43. Inaccurate, misleading or false information
AI-assisted research summary: A person who fails to give, gives inaccurate or misleading, falsifies or misrepresents information required under these Regulations commits an offence.
Section 43. Inaccurate, misleading or false information Section A person who fails to give information or gives inaccurate or misleading information or falsifies information or misrepresents information required under these Regulations commits an offence. - 44
GENERAL PROVISIONS - 44. General penalty
AI-assisted research summary: Persons who commit offences under these Regulations (where no penalty is provided) are liable on conviction to a fine not exceeding five hundred thousand shillings, or to imprisonment not exceeding one year, or to both; additionally, the licensing authority may suspend or revoke a licence issued under these Regulations.
Section 44. General penalty Section 44(1) A person who commits an offence under these Regulations, for where no penalty is provided, shall be liable upon conviction, to a fine not exceeding five hundred thousand shillings or to a term of imprisonment not exceeding one year or to both in accordance with section 37 of the Act. Section 44(2) Notwithstanding the provision of sub regulation (1), the licensing authority may suspend or revoke a license issued under these Regulations. - 45
GENERAL PROVISIONS - 45. Revocation L.N. No. 123 of 2002
AI-assisted research summary: The Coffee (General) Rules 2002 are revoked.
Section 45. Revocation L.N. No. 123 of 2002 Section The Coffee (General) Rules 2002 are revoked. - 46
GENERAL PROVISIONS - 46. Transitional provision
AI-assisted research summary: All licences existing before these Regulations come into operation remain valid until they expire; subsequent licences shall be issued under these Regulations.
Section 46. Transitional provision Section all licenses existing before the coming into operation of these Regulations shall remain valid until their expiry, and subsequent licenses shall be issued under these Regulations;
Provision text is displayed from LexChat’s stored statute record. Use the official source links to verify amendments, commencement, and current legal force.
Ask AI about this statute
The Crops (Coffee) (General) Regulations
Sign in to ask AI about this statute
Sign in to start authenticated, citation-grounded statute research.
Sign in