Nairobi — The Kenya Agriculture and Livestock Research Organisation (KALRO) has paid Sh394,800 to a farmers' group for indigenous vegetable seeds supplied in 2012, ending a protracted dispute that lasted fourteen years and required intervention by the Office of the Ombudsman.
In a statement, the Commission on Administrative Justice (CAJ), also known as the Office of the Ombudsman, confirmed that the payment was made following a mediation process facilitated by the Commission after farmers lodged a complaint over unpaid dues.
Two representatives of the farmers' group had petitioned the Commission, alleging that KALRO, then operating as the Kenya Agricultural Research Institute (KARI)failed to pay for Amaranthus and Spider Plant seeds produced under the Scaling Up Farmer-Led Seed Enterprises for Sustained Productivity and Livelihoods in Eastern and Central Africa project.
The programme was funded by the Association for Strengthening Agricultural Research in Eastern and Central Africa (ASARECA), a World Bank-supported initiative implemented in Yala, Bondo, Kisumu West, and Butere Mumias sub-counties.
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"Under the program, KARI allowed the group to produce standard commercial seeds of Amaranthus and Spider Plant, with KARI responsible for marketing and distributing the seeds through its seed unit," the Office of the Ombudsman said.
"The group adhered to the terms of the agreement and duly produced the seeds, which were approved by the Kenya Plant Health Inspectorate Service (KEPHIS)."
However, the farmers were never paid, prompting their complaint to the Commission.
KALRO, in its response, explained that payments were dependent on the sale of seeds, but cited packaging and marketing challenges that prevented the seed unit from selling the stock.
The organisation also noted that the project ended in 2012 and lacked funds for marketing.
Further complications arose from incomplete project records following the transition from KARI to KALRO, making it difficult to verify seed volumes delivered by the farmers.
The Commission issued multiple reminders to KALRO and warned that it would invoke its powers under Sections 26(a) and 27(a) of the CAJ Act if no response was provided.
Following the farmers' submission of supporting documents, KALRO acknowledged that seeds had been transported to KARI Katumani in Machakos.
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KALRO further revealed that on December 20, 2012, KEPHIS issued a stop-sale order on Spider Plant seeds (Lagveg 003) after germination tests failed to meet regulatory standards, leading to the destruction of the seeds.
The organisation admitted it lacked records on the destruction process and sought more time to review archival data.
Citing Article 47 of the Constitution and the Fair Administrative Action Act, 2015, the Commission emphasized that public entities must remain accountable and provide clear explanations and remedial steps when disputes cannot be resolved promptly.
Consequently, the Commission facilitated mediation between the farmers and KALRO under its mandate in Section 8(f) of the CAJ Act, 2011.
During mediation, KALRO initially offered to pay for the Amaranthus seeds at the current market rate of Sh 700 per kilogram.
The farmers rejected the proposal, insisting on the original contractual terms, arguing that market prices had declined significantly since 2012 and that paying current rates would be unfair.
After consultations, KALRO revised its offer, agreeing to pay Sh 700 per kilogram for the full 564 kilograms claimed by the farmers, bringing the total settlement to Sh 394,800, inclusive of interest considerations.
The farmers accepted the settlement, bringing the long-standing dispute to a close.
