Senate Committee Summons Agriculture Ministry Over Sugar Levy Order
The invitation follows concerns raised over the legitimacy of the public participation process, the committee announced during a sitting in Nairobi, July 29, 2025.
The Senate Committee on Delegated Legislation has invited the Ministry of Agriculture and Livestock Development to clarify inconsistencies surrounding the recently published Sugar Development Levy Order, Legal Notice No. 113 of 2025. Photo/Parliament of Kenya.
By Robert Assad
The Senate Committee on Delegated Legislation has invited the Ministry of Agriculture and Livestock Development to clarify inconsistencies surrounding the recently published Sugar Development Levy Order, Legal Notice No. 113 of 2025.
The invitation follows concerns raised over the legitimacy of the public participation process, the committee announced during a sitting in Nairobi, July 29, 2025.
The Order, published June 30, 2025, introduces a four percent levy on the ex-factory price of domestically produced sugar and a similar rate on the cost, insurance and freight (CIF) value of imported sugar, pursuant to section 40(1) of the Sugar Act, 2024. Under the regulation, local millers are responsible for remitting the levy on domestic sugar, while importers must pay for imported consignments. Payments are due by the tenth day of the month following either the production or importation date.
Despite the clear framework, committee members raised concerns over procedural lapses in the enactment of the Order. Chief among these were discrepancies in the public engagement timeline. Senators questioned inconsistencies between reported consultation dates and those published in a newspaper advertisement submitted as evidence of notification.
“The inconsistencies have raised serious concerns about the credibility of the Ministry’s documentation,” said Committee Chairperson Senator Mwenda Gataya (Tharaka Nithi). “As a Committee, we have resolved to have the Cabinet Secretary in charge of Agriculture and Livestock Development address the gaps in the Regulations.”
Senators Betty Montet and Julius Murgor (West Pokot) supported the move, underscoring the need for transparent regulatory processes that uphold statutory requirements for stakeholder engagement.
The Committee’s decision to summon ministry officials signals a cautious approach as Parliament weighs the legality and enforceability of the levy. While the Sugar Development Levy is intended to boost sectoral sustainability, unresolved legal and procedural concerns could delay its implementation.
The Ministry is expected to appear before the committee in the coming weeks to respond to the identified issues.
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