Kephis, KEBS row over functions

The Kenya Plant Health Inspectorate Service (KEPHIS) has opposed plans to transfer some of its regulatory powers to the Kenya Bureau of Standards (KEBS).

The Seeds and Plant Varieties Amendment Bill of 2025, sponsored by Narok Senator Ledama Ole Kina, aims to introduce a standards-based registration system for seeds and plant varieties.

KEPHIS argues that this proposed amendment would strip the agency of its crucial role in the seed production chain and transfer regulatory authority to KEBS.

The agency contends that this would effectively empower KEBS as an alternative regulator for the essential certification duties currently performed by KEPHIS.

The Bill seeks to expedite the approval of seed varieties, reduce delays in seed registration, and improve farmers' access to climate-resilient and high-quality seeds across the country.

If the Senate approves the amendments, KEBS would gain the power to register, certify, and monitor the marketing of seeds and plants.

While the bill has passed its first reading in the Senate, KEPHIS has pointed out that this change could alleviate the burden on the agency, which has been overwhelmed with its regulatory responsibilities.

However, KEPHIS Managing Director Theophilus Mwendwa Mutui said the agency opposes the bill, and the Board has prepared a memorandum outlining their concerns.

Prof. Mutui argues that the standards-based registration system proposed in the bill is not recognised globally and could negatively impact Kenyan farmers' access to international markets.

“These particular classes of seed varieties will not be able to access the international market, and this will negatively affect us because we will lose out on foreign exchange,” he stated during a fact-finding tour in Trans Nzoia on Tuesday.

The crop varieties proposed by the amendment bill include Sudan Grass, Oats, Lupins, Chickpeas, Barley, Sunflower, Peas, Canola, and Wheat, along with Mung Beans and Rhodes Grass among the 19 proposed varieties.

The MD also warned that if the bill is passed, it could lead to regulatory conflicts between the two agencies, creating confusion for farmers over which approval to follow since KEPHIS operates under the Ministry of Agriculture, while KEBS operates under the Ministry of Trade.

This situation could complicate which Cabinet Secretary would implement the act.

Additionally, Mutui noted that the certification timeline proposed in the bill is too short to conduct the necessary tests on seeds before certification.

The bill suggests a certification period of only 60 days, which he believes is insufficient for rigorous laboratory tests and ecological performance trials. “This could compromise the quality of seeds available to farmers,” he explained.

In light of these concerns, KEPHIS has initiated a nationwide crackdown on individuals and companies engaged in packaging and selling uncertified seeds.

The agency has partnered with security forces to enhance surveillance and supervision of uncertified seeds in the Kenyan market.

Mutui emphasised the importance of farmers purchasing seeds from registered stockists to ensure they receive certified seeds and avoid potential losses.

He urged anyone with information about unscrupulous traders selling fake seeds, particularly maize seeds, to report them to the police or KEPHIS.

The official raised concerns about the availability of non-certified maize seeds on the market, warning that this poses a significant threat to food production and food security in the country.