What role does law play in the agricultural sector? We try to explain in simple language.

Agriculture is not just about planting and harvesting, or processing and consuming. While most of us just take agriculture as a farm to mouth practice, there are a lot of disciplines involved, which are very key to the farmer, whether you are into subsistence or commercial farming.

One of the disciplines that are involved in agriculture, right from production through the supply chain to consumption is Law. This discipline is fundamental and it cuts across all professions. In this article, the role of law in agriculture and sustainable development is elaborated in simple language that most people can understand.

Definitions.

What is Agricultural law ?

Agricultural law also called the Ag law can be defined as the study of special legal regulations that apply to the production and sale of agricultural Goods. This law deals with legal matters concerning the agricultural sector such as agricultural infrastructure, seed,Water,fertilisers,pesticides agricultural finance, agricultural insurance, farming rights and tenure systems and the legal regulations used in agro processing and rural industries.

In the recent years, the environment has also been incorporated in the agricultural law since they are relative, thus today in the Kenyan Constitution; it is referred to as the Agricultural-Environmental law.

What is the Role of law in agricultural production?

Law has a very vital role to play in agricultural production. As explained below, law contributes to agricultural production in the following ways:

1. Acquisition of Land.

You cannot talk of farming without mentioning land,Infact,no land no farming. For agricultural production to occure,land has to be acquired in the correct way. For this to happen, the correct legal measures have to be followed, whether you are buying, leasing or through inheritance. Land acquired through the correct legal measures is good, as the farmer will farm without any disturbances and his rights on the use of the land will be well protected. However, if a farmer acquires land without following due process as required by law, then she/he will have a rough time using the land, and may be prosecuted in a court of law for going against the constitution. Thus law is key in agricultural production as it enables the farmer to acquire the land and farm under the protection of the constitution.

Land use and Management.

One of the key issues farmers need to understand is land use management. Having land does not mean that you can just start farming. Without the knowledge of the agricultural-Environmental law, you may end up running into losses. We have had cases where farmers have planted and their crops destroyed for other activities. Before the farmer thinks of cultivating, it is important to understand that every land is designed to serve a specific purpose.

This mostly applies to lands near public places such as roads, town centres, cities and schools. According to the Land acquisition act, CAP 295 of the Kenyan constitution, the government has the power to compulsory acquire land for public use, which is also known as eminent domain. So it is important for the farmers to seek guidance from government officers for survey to avoid future losses. This however mostly affects those living within the above mentioned places

Right to quality seeds and agro inputs.    

According to the Kenyan law, The seed and plant varieties act, the breeders are protected by the law, and the seed production has to follow due process to ensure the seed produced is of high quality. This laws are there to ensure farmers have access to quality seeds for their farms. If by any chance, a farmer purchases seed, and it turns out to be counterfeit, then the farmer has the right to sue the supplier for the loss inqurred.The farmer should not just assume and run into losses, for they are protected by law.

The same applies to agroinputs.According to the fertilisers and animal foods act, CAP 345 of the Kenyan Constitution, all the due processes should be followed in the manufacture of the fertilizer and animal feeds. This will ensure the farmers get access to quality fertilisers and animal feeds, anyone who violates this law shall be charged in a court of law. This therefore ensures farmers are covered and protected from poor feeds and inputs.

Guaranteed prices and market.

According to the agricultural Act, CAP 318 of the Kenyan Law, the government, has the power through the Ministry of agriculture, livestock and fisheries to regulate crop prices and markets. This protects the farmers from unscrupulous middlemen. The government also through its parastatals such as National cereals and produce board, The government slaughter houses, provides market for farmers produce.

Agricultural insurance and financing.

According to the agricultural law, CAP 318 of the Kenyan constitution, The government has created boards, authorities and cooperation’s that are responsible for this services. For instance, The agricultural finance cooperation has the responsibility of assessing farmers and providing them with loans that they need for development.As long as they follow correct procedures, and satisfy the set standards, Farmers have the right to access this loans. The Kenyan Government, through the Insurance regulatory Authority, also ensures farmers who have insured their crops and livestock are compensated in case of any calamity, as much as due legal processes are followed.

Agro processing and rural industries development.

The Government through the Kenya industrial development, and the agroprocesising and rural development authority, have laid down regulations needed to set up an agro processing plant. Some of which requires that the plant should benefit the community, and quality procedures should be followed to ensure the end product is of high quality. Therefore farmers need to understand this regulations to avoid being exploited by the investors setting up the processing plants.

Environmental protection and sustainable development.

According to the environmental law, Anyone involved in farming should ensure he does so in a manner that does not pollute the environment or hurt the ecosystem. Farmers are advised to use agrochemicals in strict adherence to the regulations of the companies, this is to ensure the environment is safe from pollution by the chemicals. Anyone who goes against this law, is liable to punishment. The government ,through the Ministry of Environment and natural resources, has set up a body, The national environmental Authority to ensure good protection of the environment and ecosystem.

Conclusion.

It is indeed evident that the law is very vital in agricultural production as it provides farmers with good legal environment for cultivation.However,it is said that the law is a double edged sword, therefore as much as the law protects the farmer, it should not be violated, as they will face full force of the law.

References from the Kenyan Constitution.

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