Kenya Flower Council opposed Nakuru County’s Ksh400-per-tonne cess on exported flowers, calling it illegal and unconstitutional.
Flower exporters moved to court, arguing a 2018 High Court ruling had already barred the county from collecting the levy.
Exporters warned that delays at roadblocks risk damaging flower quality and disrupting international markets.
Nakuru County officials defended the levy, saying it was legally enacted by the county assembly in 2023.
By Frank Mugwe
Kenyan flower exporters, through the Kenya Flower Council (KFC), have opposed the County Government of Nakuru’s decision to impose a cess on flowers destined for export markets.
They described the Ksh400-per-tonne levy as illegal and unconstitutional. The council stated that it had moved to court to halt the levy, arguing that the matter had already been determined in 2018, when the county was barred from collecting cess from its members.
Over the past few weeks, county revenue and enforcement officers have impounded dozens of lorries transporting flowers, demanding payment of cess allegedly accrued over the last nine months.
The Council’s Chief Executive Officer, Clement Tulezi, confirmed the standoff, noting that the council had sought legal intervention to address the dispute. He said that the unplanned arrests and resulting delays could compromise the quality of the flowers, describing the actions as unjustified and unwarranted.
“We have gone to court seeking to stop this illegal collection of cess by Nakuru county, and I don’t want to get into the nitty-gritty as the matter is yet to be determined,” said Tulezi.
He stated that the matter was heard and determined by the High Court in 2018, which ruled the levy illegal on the grounds that farmers were already remitting various charges to the national government.
However, a senior county official who requested anonymity maintained that all farmers are required to pay the Agricultural Products Cess, a levy enacted by the county assembly in 2023.
“This cess was enacted three years ago. Horticulture farmers are supposed to pay Ksh 400 per tonne, but many have ignored this and hence the enforcement,” said the officer.
Earlier, the Agricultural Employers Association (AEA) said production costs had almost doubled over the past year due to double taxation and soaring fuel prices.
Patrick Mbugua, the general manager of Wildlife Roses in Naivasha, said production costs had increased by more than 40 per cent relative to flower prices. He attributed the rise to increased taxes and levies in the industry, noting that the higher costs had slowed expansion in the sector, which employs about 200,000 people.
“The price of calcium nitrate, which is one of the key components in the sector, has doubled in the last three months since the Iran war started, and this affects promotion,” he said.
Mbugua noted that despite the court declaring cess levies illegal, some counties were charging farmers for horticultural products.
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