14-Year Wait Ends as Gov’t Pays Indigenous Vegetable Seed Farmers

A long-running payment dispute dating back to 2012 has been resolved after the intervention of the Commission on Administrative Justice, commonly known as the Office of the Ombudsman.

In an update on Tuesday, February 17, the commission said the matter involved the Kenya Agriculture and Livestock Research Organisation (KALRO), which has now paid Ksh394,800 to the farmers following the mediation.

According to the commission, the dispute began when representatives of a farmers’ group lodged a complaint, alleging that they had not been paid for producing vegetable seeds under a regional project aimed at improving seed enterprises and livelihoods in Eastern and Central Africa. 

The initiative was funded by Association for Strengthening Agricultural Research in Eastern and Central Africa (ASARECA) in partnership with the World Bank and implemented across several Kenyan sub-counties.

Under the agreement, the farmers produced commercial seeds of Amaranthus and Spider Plant, which were approved by the Kenya Plant Health Inspectorate Service (KEPHIS). 

While the seeds were delivered to KARI for marketing and distribution, the group said payment never followed despite meeting all requirements of the contract.

KALRO later explained to the Commission that payments were to be made only after the seeds were sold, but the programme encountered packaging and marketing challenges.

The organisation stated that the project ended in 2012 without sufficient funds to continue sales operations, delaying payment indefinitely.

After follow-up letters failed to produce a response, the Commission issued formal reminders warning of possible legal summons if the matter remained unresolved.

"Please note that the Commission is yet to hear from you regarding the subject matter, and requests you to address the same within fourteen days; failure to do so, the Commission will invoke and issue summons under Section 26(a) and 27(a) of the CAJ Act and Regulations 17(4) of the CAJ Regulations," read the final reminder from the Commission to the DG of KALRO.

In subsequent correspondence, KALRO requested more time, citing difficulties tracing project records inherited from KARI.

The organisation asked the farmers to provide documentation confirming seed quantities supplied, which was later submitted through the Commission. 

During the review, KALRO acknowledged that some seed varieties had been transported from Kisumu to Machakos, but noted that a stop-sale order had been issued in 2012 after germination tests showed that Spider Plant seeds did not meet required standards.

Recognising the challenges in reconstructing records and the need for administrative accountability under Article 47 of the Constitution and the Fair Administrative Action Act, the Commission initiated a mediation process between the parties. 

During negotiations, KALRO proposed settling the matter by paying for the Amaranthus seeds at the prevailing market rate, while the farmers insisted that payment reflect the terms agreed in 2012.

After further consultations, KALRO offered to pay Kshs. 700 per kilogram for the full 564 kilograms claimed, bringing the settlement amount to Ksh394,800. 

The farmers accepted the offer, ending the prolonged dispute.

"This is to inform you that the amount due to the farmers' group has been settled. Kindly see attached payment advice," KALRO confirmed the payment to the commission, marking the conclusion of the case.

This comes days after the commission announced that Jomo Kenyatta University of Agriculture and Technology has settled outstanding payments owed to a lecturer after the Ombudsman intervened in a case involving prolonged delays.

In a statement on Friday, February 13, the commission said the resolution followed a complaint filed by a lecturer who had sought payment for years without success.

"The Jomo Kenyatta University of Agriculture and Technology (JKUAT) has finally settled outstanding dues owed to a lecturer following the intervention of the Commission in a case involving inordinate delay," the statement read.

The commission explained that the lecturer had approached the Ombudsman after repeatedly seeking payment from the university over a long period without receiving feedback.

"The lecturer, Mr. A.O., lodged a complaint with the Commission alleging prolonged delay and lack of response by the University regarding payment of his dues. He stated that he had been teaching at the University for eight years and, despite making several requests for payment during that period, he had not received any response," the statement added.

Following receipt of the complaint, the Ombudsman launched formal inquiries with the university’s leadership. 

The commission said the first communication went unanswered, leading it to escalate the matter with reminder notices.

"Upon receiving the complaint, the Commission initiated inquiries with the Vice-Chancellor of JKUAT. The initial inquiry did not receive a response, prompting the Commission to issue two reminders to the Vice-Chancellor," the statement noted.

The university later confirmed that payment had been processed, bringing the matter to a close and ending the lecturer’s long wait for settlement.

"In its communication, the University indicated that a sum of Ksh508,914 had been disbursed to Mr. A.O. as part-time payment, constituting full settlement of the outstanding dues owed to him," the statement concluded.