AGRICULTURE AND FOOD AUTHORITY- LEGAL DEPARTMENT

The Agriculture Fisheries and Food Authority is charged with the regulation of all the crops listed under First Schedule of the Crops Act, 2013. The Authority regulates the scheduled crops by administering the Crops Act, 2013.

Section 40 of the Crops Act, 2013 read together with Section 46 of the Agriculture Fisheries and Food Authority Act, 2013 (AFFA Act) gives power to the Cabinet Secretary in consultation with the Authority and County governments to make regulations for the better carrying into effect of the provisions of the Act. The Act provides for the formulation of various Regulations, Rules and Guidelines to operationalize the AFFA and Crops Act.

One of the Key mandates of the Legal Department is to facilitate the formulation and drafting of the regulations, rules and guidelines in consultation with the county governments for the numerous scheduled Crops regulated by AFFA for gazettement by the Cabinet Secretary.
The Legal Department also provides Legal services to the Authority and its Directorates, and Corporate Departments on Regulations and Regulatory related issues and ensures that the Authority’s Regulatory and related risks are properly managed and dealt with.

In particular, the Legal Department;

  1. Coordinates the formulation of Regulations to implement the Agriculture Fisheries and Food Authority Act, 2013 and Crops Act, 2013 by all the Directorates under the Authority.
  2. Provides Legislative drafting services to the Directorates on the Regulations
  3. Reviews, analyzes, interprets and advises Management, Directorates and Corporate Departments to ensure compliance with the provisions of the Constitution of Kenya, the Agriculture Fisheries and Food Authority Act, 2013, Crops Act, 2013 and other relevant laws.
  4. Organizes and Coordinates Stakeholder consultations, sensitization forums on Agriculture Fisheries and Food Authority Act, 2013 and Crops Act, 2013, regulations and other Legal issues in line with the provisions of Article 10 of the Constitution.
  5. Reviews and draft legislative amendments to the Authority’s Regulatory framework.
  6. Liaises with Other Government Departments including the Attorney General’s office on legal issues.
  7. Monitors changes in legislation and regulatory environment, undertake legal research and recommend appropriate action to Management, Directorates and Corporate Departments to ensure compliance.
  8. Provides reports relevant to the Board, Senior Management, and Directorates on key legal risks and issues.
  9. Prepares Board papers on all court matters and legal issues affecting the Authority.
  10. Prepares contracts and leases as well as vets those drawn by other parties.
  11. Reviews the Authority’s Policies and Procedures, Standard Documentation including Contracts, Human Resource and Procurement forms to ensure that they conform to the various legal and regulatory requirements.
  12. Offers advice to the Authority on litigation cases in liaison with external lawyers, prepares the necessary evidence for the case as well as court attendance reports of all matters.
  13. Tracks County legislations to ensure that they do not conflict with national legislation, national policies, international protocols.
  14. Undertakes legal compliance audits on various Departments and Directorates.
  15. Supports enforcement and surveillance of the Legislations and Regulations e.g. by working with the enforcement agencies such as the Kenya Police in the arrest and prosecution of offenders.
  16. Conducts dispute resolution on legal matters affecting the Authority.
  17. Constantly reviews legislation to align it to any new developments.
  18. Advise the Authority and related entities on the litigation risks of possible business decisions, providing preventive counselling with respect to the legal risks associated with business practices and developing strategy with both internal and external counsel in response to civil litigation and regulatory inquiries.
  19. Carry out a review of the advocates’ performance through a score card to ensure proper representation.