Potato farmers in Elgeyo Marakwet County have raised concerns over what they describe as exploitation by brokers and potato buyers, accusing them of offering low prices while using sacks with larger capacities than those traditionally used by farmers.

The farmers, led by Bernard Kitum, say buyers use 90-kilogramme sacks to purchase potatoes at 2,500 shillings, yet farmers have traditionally been using 50-kilogramme sacks.

They are now calling on the government to introduce laws and regulations to govern the potato trade, ensuring farmers receive fair prices and that standardised measurements are used.

Not a lack of law, but a lack of implementation

But even as farmers lament about this exploitation, it is important to note that Kenya does not lack laws and regulations that govern potato agribusiness.

The Crop (Irish Potato) Regulations (Legal Notice 17 of 2019) clearly spell out how every aspect of the business should be carried out, from: registration of growers, grower associations, dealers and irish potato collection centres; registration of processors, warehouses, importers and exporters of irish potatoes; quality assurance and marketing of irish potatoes; enforcement of standards in grading, sampling and inspection, tests and analysis, specifications, units of measurement, code of practice and packaging, preservation, conservation and transportation of crops to ensure health and proper trading; promotion of best practices in the irish potato sub-sector; to packaging and sale of irish potatoes.

Under the law, it is a legal requirement across Kenya to package and transport potatoes in a standard 50-kilogram crop crate or bag. The rules and regulations explicitly criminalise the use of extended bags to ensure fairness in trade.

The regulation also clearly states that a grower and dealer of irish potato produce shall use a weighing scale that has been properly calibrated, serviced, inspected and approved by the Ministry for the time being responsible for trade.

The main challenge, however, remains the enforcement gap. While the law exists on paper, enforcement at the farm-gate level remains weak.

Brokers have become notorious of bypassing major transit checkpoints, exploiting loopholes, and the farmer remains the biggest casualty.

Elgeyo Marakwet County Executive Committee Member in charge of Agriculture, Edwin Kibor, insists the county government has put in place measures to protect farmers from exploitation by potato buyers and brokers.