By PSCU
The Council of Governors (CoG) has raised strong opposition to the Pest Control Products Regulations (Legal Notices No. 190-194 of 2024) citing inadequate consultation with stakeholders. Appearing before the Senate Committee on Delegated Legislation, Governor Kenneth Lusaka (Bungoma) voiced the Council’s concerns, criticizing the Ministry of Agriculture and Livestock for bypassing counties in the development of the regulations.
“In its entirety, the Council of Governors recommends and urges the Senate to reject the regulations for non-compliance with the provisions of the Constitution. We believe this will allow for further consultations between the two levels of government to build consensus on the same,” said Governor Lusaka.
The governor, who chairs the CoG Agriculture Committee, emphasized the need for a comprehensive review of the Pest Control Products Act (Cap. 346) to reflect the devolved governance structure.
“Given these constitutional responsibilities, the Council emphasizes the urgent need to review the Pest Control Products Act to align it with the devolved system of governance. The Act in its current form centralizes functions that should rightfully fall under the jurisdiction of County Governments,” he stated.
The Council argued that the role of the National Government, through the Pest Control Products Board (PCPB), should remain regulatory, overseeing the import, export, manufacturing and registration of pest control products as well as the development of national standards and provision of technical assistance to counties.
CoG further insisted that County Governments be granted enforcement authority within their jurisdictions including monitoring the sale, distribution and application of pest control products to protect public health, environmental sustainability and agricultural productivity.
The Council called upon the Senate and other stakeholders to prioritize legislative reforms that would empower counties to effectively manage pest control in accordance with the Constitution.
The Committee chaired by Senator Mwenda Gataya (Tharaka Nithi) will review the submissions before issuing a final resolution.
Other Senators present included Vice Chair Danson Mungatana (Tana River), Gloria Orwoba, Mohamed Faki (Mombasa), Betty Montet, Daniel Maanzo (Makueni) and Issa Juma Boy (Kwale).
