THE MUNG BEANS BILL, 2022

Background

The Mung Beans Bill, 2022 is designed to establish a comprehensive framework to coordinate, regulate, and promote the mung bean industry in Kenya at both the national and county levels. The Bill aims to increase grower income, support county-level school feeding programs, and implement marketing and farming strategies to make Kenyan mung beans competitive internationally.

Key Amendments

• Exclusion of Crops Act (Cap 318): Under Clause 24, the Crops Act (Cap 318) is declared inapplicable to the production, development, and regulation of mung beans, making this Bill the sole regulatory authority for the crop.
• Establishment of County Licensing Committees: Under Clause 10, county governments are mandated to establish dedicated committees to handle licences, ensuring local administration of trade.

New Obligations

• Grower Registration: Every grower must register with the county executive committee member (Clause 8). The register must capture details including the grower's name, location, parcel number, and the mung bean variety.
• Licensing for Commercial Entities: Marketers, processors, and large-scale traders must obtain annual licences from their county licensing committee (Clause 9 & 17). Committees must decide on applications within 21 days (Clause 13(2)).
• National Mung Bean Policy: The Cabinet Secretary must develop and adopt a National Mung Bean Policy within six months of the Act's commencement, reviewing it every five years (Clause 7).
• School Feeding Programs: National and county governments must prioritize mung beans in school feeding programs and other government institutions, ensuring home-grown nutritional and safety standards (Clause 6).

Penalties

• Unlicensed Trading: Under Clause 9(2), marketing, processing, or engaging in large-scale trading of mung beans without a licence is an offence, carrying a fine not exceeding KSh 1 million, imprisonment for up to two years, or both.
• General Penalty: Under Clause 20, any offence committed under the Act for which no specific penalty is provided carries a fine not exceeding KSh 500,000, imprisonment for up to six months, or both.

Transitional Provisions

• Previous Authorizations: Under Clause 25, all existing directions, orders, licences, permits, or registrations issued by the Agriculture and Food Authority (AFA) relating to mung beans that are valid immediately before the commencement of the Act will continue to be treated as valid under the new Act.