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From: IRIN <[email protected]>
Date: Tue, May 31, 2011 at 5:47 PM
Subject: KENYA: Food crisis lands government in the dock
To: Jean-Francois Darcq <[email protected]>


KENYA: Food crisis lands government in the dock

NAIROBI, 31 May 2011 (IRIN) - Just as it declares a national disaster
over drought, the Kenyan government is being sued over its alleged
failure to respect a new constitutional right to food.

 High prices and poor rains have left some 2.4 million Kenyans at risk
of severe food insecurity, according to a report [
http://bit.ly/m6jOT3 ] by the Famine Early Warning Systems network
(FEWS Net) covering the period between April and September 2011.

 "Food insecurity is anticipated to rise, after a brief respite from
April through July, due to the impacts of the [expected] poor long
rains [September-October]. Heightened food prices, rapidly depleting
grazing resources, an expected increase in conflict and likely
upsurges in livestock and waterborne diseases could severely
accentuate food security per pastoral and marginal agricultural
households after July," the report states.

 President Mwai Kibaki declared a national disaster on 30 May, and
told cabinet ministers and MPs from the badly drought-affected North
Eastern Province, to "expedite the process of availing foodstuffs and
other vital supplies".

 He also directed the Treasury to facilitate urgent importation of
maize - the country's staple - to boost stocks held in Strategic Grain
Reserves. These are set to run out in a few weeks, according to the
National Cereals and Produce Board.

 Kibaki said the Ministry of Water and Irrigation would receive an
additional KSh600 million (US$7 million) to fund the drought response,
while the Livestock Ministry would get KSh1 billion shillings ($12
million) to help cushion pastoralists' losses.

 Food is a right

 Every Kenyan's right to "be free from hunger, and to have adequate
food of acceptable quality" is enshrined in Article 43 of the new
constitution, overwhelmingly approved in a referendum in August 2010.

 This clause is among several constitutional provisions being cited by
the Consumer Federation of Kenya (COFEK), an umbrella group, in the
landmark legal case it brought before the high court on 30 May.

 "High fuel prices have resulted in very high and unaffordable
transport costs . [and] have also resulted in very high and
unaffordable cost of basic commodities, including all household goods
such as unga [maize flour], the staple diet of a majority of Kenyans,"
Stephen Mutoro, the federation's secretary-general, said in a
statement to the court.

 Heartened by a judge's granting of urgent status to the case, Muturo
told IRIN: "We are upbeat that we will win. A win for us will be a win
for Kenyans and a win for the new constitution. We are trying to set a
precedent, to tell Kenyans they should not wait for their rights to be
given to them on a silver platter."

 Tipping point

 "Throughout the world, the relationship between the rulers and the
ruled is seeing dynamic change," Aly-Khan Satchu, a Kenyan business
analyst, told IRIN on 31 May. "The new constitution was the tipping
agent with respect to this in Kenya. The key issue for the Consumer
Federation should be to achieve some alleviation at the bottom of the
pyramid [the extremely vulnerable]. Urban East Africans spend the
highest percentage of anyone in the world on food."

 Satchu said the inflationary impact in Kenya was twice as high for
those earning $100 or less.

 "These price points [kerosene and food] are creating unprecedented
stress and I think it's a very poor bet to bet on the tolerance level
of the people," Satchu said. "It would be far more intelligent to
ameliorate the impact."

 Overall, the price of food and non-alcoholic beverages is up 20
percent on a year ago, according to government data.

 "Food prices are being driven by demand and supply; the supply is
capped while demand continues to expand," he said. "Financial
speculators have jumped on this trend, further amplifying the
acceleration. Fuel prices are the most sensitive to geopolitical risk,
especially in oil-producing countries."

 Satchu said the country's "food and fuel architecture is outdated and
optimized for racketeers and profiteers". He said the government
should clean up its "Augean stables because each misspent coin brings
North Africa [recent people's uprisings] and a tipping point closer."

In recent years, well-connected businessmen with no milling capacity
were granted licences to import subsidized grain, which they went on
to sell at vast profits to bona fide millers.

 Optimism

 However, Michael Makohka, a food security specialist with Farming
Support International, a Kenyan-based research and development
organization, told IRIN Kenya's precarious food insecurity was not
without hope.

 He said the expected depletion of strategic grain reserves could be
alleviated in about a month when farmers in parts of the country begin
to harvest green maize and Irish potatoes.

 "Right now, people have started harvesting beans; by the end of the
coming month [June], green maize will be ready in lowland areas like
the Lake Victoria region and the coastal ecosystems," Makokha said.
"This is likely to cushion the impact caused by the acute grain
shortage brought about due to the expected exhaustion of the national
strategic reserves."

 js/am/mw

[END]

This report online: http://www.irinnews.org/report.aspx?reportID=92857



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