2243  
SPECIAL ISSUE      2243  
Kenya Gazette Supplement No. 105 27th June , 201 6 
(Legislative Supplement No.  49) 
 
LEGAL NOTICE NO. 120 
THE CROPS ACT  
(No. 16 of 2013)  
THE COFFEE (GENERAL) REGULATIONS, 2016  
ARRANGEMENT OF REGULATIONS  
PART I —PRELIMINARY  
1—Citatio n and  Commencement.  
2—Interpretation.  
3—Purpose of the regulations.  
PART II — FUNCTIONS OF THE AUTHORITY  
4—Functions of the Authority . 
PART III —REGISTRATION AND LICENSING  
5—Registration.  
6—Application for a licence.  
7—Prohibition against operating without a licence.  
8—Issuance of Licences.  
9—Limitation of a coffee trader’s licence.  
10—Conditions of licence.  
11—Licensing Procedure.  
12—Duration of licences.  
13—Movement permits.  
14—Obligations of licensees.  
PART IV —COFFEE PRODUCTION AND PRIMARY 
PROCESSING  
15—Notification after planting or uprooting coffee.  
16—Notification after change of details of farm or estate.  
17—Coffee production and processing standards.  
18—Certification of coffee.  
19—Prohibition in issuance of coffee seeds or seedlings.  
20—Requirements relating to coffee milling.   Kenya Subsidiary Legislation, 201 6  
 2244  
PART V —COFFEE TRADE AND MARKETING  
21—Coffee marketing.  
22—Coffee sales.  
23—Sales catalogue.  
24—Coffee promotions.  
25—Coffee warehousing in designated warehouses.  
26—Export and import of coffee.  
27—Prohibition against misreprese ntation of blended coffee.  
28—Coffee Warrant.  
29—Exemptions.  
30—Activities of the Authority.  
PART VI —QUALITY ASSURANCE  
31—Quality Assurance for coffee industry.  
32—Appointment of inspectors.  
33—Prohibition against removal of labels, seals etc.  
34—Surveilla nce.  
PART VII —GENERAL PROVISIONS  
35—Arbitration.  
36—General penalty.  
37—Revocation.  
38—Transitional . 
SCHEDULES  
FIRST —Application Forms, Licences, etc.  
SECOND —Requirement and Fees  
THIRD —Obligations of Licensees  
FOURTH —Standard Coffee Grades  
FIFTH —Sales Cat alogue  Kenya Subsidiary Legislation, 201 6 
 2245  
THE CROPS ACT, 2013  
(No. 16 of 2013)  
IN EXERCISE  of the powers conferred by Section 40 of the 
Crops Act, 2013 the Cabinet Secretary, in consultation with the 
Authority, makes the following regulations — 
THE COFFEE (GENERAL) REGULATIONS, 2016  
PART I -PRELIMINARY   
1. These regulations may be cited as the Coffee (General) 
Regulations, 2016 and shall come into operation on such  date as the 
Cabinet Secretary may, by notice in the Gazette, appoint.  Citation and 
commencement.  
 
2. In these, Regulations, unle ss the context otherwise 
requires — 
―Act‖ means the Crops Act, 2013;  
―agent‖ means a person appointed by a grower to carry out any 
functions licensed under these regulations on behalf of the grower;  
―auction‖ means the system under which coffee is offered f or 
sale at the  Nairobi Coffee  Exchange;  
―Authority‖ means the Agriculture and Food Authority 
established under Section 3 of the Agriculture  and Food Authority Act, 
2013;  
―Board‖ means the Board of the Authority established under 
section 5 of the Agricult ure  and Food Authority Act 2013;  
 ―Cabinet Secretary‖ means the Cabinet Secretary for the time 
being responsible for agriculture;  
―certified coffees‖ means coffees produced under tenets of a 
recognized certification scheme bearing a certification mark;  
 ―coffee‖ means the plant botanically known as Coffea species 
(L.) and includes the fruit, whether on the plant or detached therefrom, 
the seed in form of either buni,  parchment coffee, clean coffee, roasted 
beans or ground coffee;  
―coffee association‖ mean s a registered group comprised of 
coffee growers, either in co -operative societies or estates, coffee 
unions, coffee millers, traders, roasters, or companies, which has been 
registered by the Authority and given a registration certificate for 
purposes of t hese Regulations;  
―coffee branding’’ means the identification of coffee by defined 
characteristics, a specific name or origin;  
―coffee business‖ includes operating a coffee nursery, pulping, 
milling, warehousing, marketing, trading, roasting and packaging 
coffee;  
―coffee certification‖ means a system that distinguishes a coffee 
product as being sustainably grown on the basis of economic viability, Interpretation.  
 
 
 
 
 
 
 
 
 
 
No. 13 of 2013   Kenya Subsidiary Legislation, 201 6  
 2246  
environmental conservation, social responsibility and ensures 
traceability;  
―Coffee Directorate‖ means the dire ctorate established in respect 
of coffee pursuant to section 11(4) of the Agriculture and Food 
Authority Act, 2013;  
―coffee  estate‖ means any area of land or group of parcels of land 
not being less than two acres in size in aggregate under the same 
ownersh ip on which coffee is grown, or  land which has an average 
production of not less than twenty thousand kilogrammes of cherry  per 
year  over a period of three years;  
―coffee miller‖ means a person licensed by the Authority in 
consultation with the respecti ve county government to conduct the 
business of  coffee milling;  
―coffee milling‖ means mechanical hulling or de -husking of 
parchment or buni coffee and includes the polishing and grading of the 
clean coffee;  
―coffee sales proceeds‖ means monetary consider ation received 
in exchange for coffee purchased at the auction or through direct sales;  
―coffee roaster‖ means the holder of a roaster’s license.  
―coffee standards‖ means the Kenya Coffee Standards issued by 
the Kenya Bureau of Standards;  
 ―coffee trader’’  means a person licensed to buy coffee at the 
Exchange or to import coffee;  
―coffee warrant‖ means an instrument prepared by the Exchange 
of which the person named therein, or the last endorsee thereof, shall 
for all purposes be deemed to be the owner of t he coffee to which it 
relates;  
―coffee year‖ means a period of twelve months beginning on the 
1st October of one year and ending on the 30th September of the 
following year;  
―collateral manager‖ means an institution appointed by the 
Authority to take custo dy of coffee at a licensed warehouse ;  
―co-operative society‖ means a co -operative society registered 
under the Co -operative Societies Act;  
―county  government‖ shall have the meaning assigned to it 
under  Article 176 of the Constitution of Kenya 2010;  
―dealing in coffee‖ means dealing with the crop within the 
meaning of the Act;  
―direct sale‖  means a contractual arrangement between a grower 
and a buyer  for the sale of clean coffee based on mutually accepted 
terms and conditions enforceable in law based  on the indicative price as 
recommended by the Pricing Committee;  
―Exchange‖ means the Nairobi Coffee Exchange or any other 
Exchange licensed by the Capital Markets Authority;  Kenya Subsidiary Legislation, 201 6 
 2247  
―grower‖ means any person who cultivates coffee in Kenya and 
is registered with the County Government and the Authority;   
―grower miller‖  means a grower who mills parchment or buni 
from own holding and includes a co -operative society or union which 
mills its members’ coffee;  
―inspector‖ means an inspector appointed by the Authority and 
includes a county agricultural officer designated by  the Authority by 
notice in the Gazette;  
―licensee‖ means a person licensed by the Authority;  
―licensing authority‖ shall have the meaning assigned to it under 
the Act;  
―manufacturing‖ means processi ng coffee  by pulping, milling 
and roasting;  
―out-turn number‖ means an identifying number issued by a 
miller  in respect of coffee delivered to a mill;  
―out-turn milling statement‖ means a statement prepared by a 
miller after the completion of the milling process;  
―private miller‖ means a person who mills parchment or buni 
coffee from his or its own coffee estate;  
―primary processing‖ means the process of removal of coffee 
pulp from cherry, fermentation, washing and drying to the standard 
moisture content t o obtain  parchment;  
―prompt date‖ means a date specified in the sales catalogue, not 
being more than seven calendar days from the date of the sale, for the 
receipt of coffee sales proceeds by a broker from the trader;  
―pulping station‖ means a coffee fact ory or place where coffee 
cherry is processed into  parchment coffee;  
―respective county government‖ means the government of the 
county within which the land where activities to which these 
regulations apply is situated;  
―sales catalogue‖ means a standard document prescribed by the 
Authority and prepared by a miller for sale of clean coffee at the 
Exchange;  
―settlement account‖ means an account by a grower in the central 
depository system operated by the Exchange into which all coffee sales 
proceeds are pai d; 
―sweepings‖ means the balance of coffee samples in the sample 
room not distributed as samples to the traders and spillages collected 
from millers’ milling activities which are handed over to the brokers for 
sale, provided that the proceeds accruing shal l be paid to growers on 
pro-rata basis;  
―trading floor‖ means the physical space and all the facilities 
including; equipment, records and assets provided by or belonging to or 
in the use of the Exchange ;  Kenya Subsidiary Legislation, 201 6  
 2248  
―warehouse‖ means a storage facility licensed by the  Authority 
for the storage of coffee, and which is specifically designed to 
guarantee the quality and safety of the coffee;  
―warehouseman‖ means any person who owns, leases or is in 
charge of a warehouse where coffee is handled and stored for reward or 
profit; 
―warehousing receipt‖ means a certificate issued by  a licensed 
coffee warehouseman in respect of coffee stored in a licensed 
warehouse for purposes of collateral.  
3. The purpose of these regulations is to provide  for the 
regulation, promotion and development of the coffee industry in Kenya.   Purpose of the 
Regulations.  
 
PART II —FUNCTIONS OF THE AUTHORITY   
4. (1) The   Authority shall in the performance of its functions 
under these Regulations act through the Cof fee Directorate, which shall 
carry out such activities and do such other things as are necessary to 
promote, develop and regulate the coffee industry for the benefit of 
coffee growers and the coffee industry.  
(2) In consultation with the respective county governments the 
Authority  shall — 
(a) facilitate the issuance of coffee trade and manufacturing  
licenses,  
(b) co-ordinate training programmes for players in the  coffee 
value chain;  
(c) enforce national  regulations and quality standards in the 
coffee industry;  
(d) colle ct, collate and maintain information and data base on 
the coffee industry including current and future production, 
processing, marketing and consumption;  
(e) conduct  market intelligence and promotion activities on 
Coffee both locally and internationally;  
(f) establish linkages with various government agencies 
including county government and private research 
institutions for the conduct of studies and researches 
designed to promote the production, marketing, processing 
and consumption of coffee;  
(g) develop and promot e strategies and initiatives for value 
addition;  
(h) promote the application of the National Coffee Kenya Mark 
of Origin by local and international industry players;  
(i) recommend general industry guidelines for interaction 
between coffee farmers and manufacturer s; and  
(j) promote the development of regional appellations for 
Kenyan coffee.  
(3) The Authority shall develop a Coffee Industry Code of Functions of the 
Authority.  Kenya Subsidiary Legislation, 201 6 
 2249  
Practice for all holders of licences under these Regulations.  
PART III —REGISTRATION AND LICENS ING  
5. (1) Every coffee grower shall register with the County 
Governments and the Authority for purpose of data collection.  
(2) A grower who joins a co -operative society or any other 
association or legal entity, shall notify the Authority through that co -
operative Society or other entity;  
(3) The Authority shall maintain up -to-date registers of all coffee 
co-operative societies, coffee associations, coffee estates and nursery 
operators.  Registration.  
6. (1) Every person intending to engage in coffee busi ness shall 
apply to the Authority or the County Government, as the case may be, 
using the respective application forms set out in the First Schedule, and 
shall be issued with the registration certificate or licence, as the case 
may be, in the corresponding  forms set out in the same Schedule.  
(2) Every coffee dealer shall produce the certificate or license  
respectively issued under subregulation (1) upon request by an 
inspector at all reasonable times.  
(3) The Authority shall maintain up -to-date records of a ll persons 
registered or licensed under this Regulation.  Application for a 
licence . 
7. (1) No person shall, for commercial purposes — 
(a) buy, sell, pulp, mill, warehouse, export or otherwise deal in 
or transact any business in coffee unless he holds a current  
licence issued by the Authority or the respective County 
Government for that purpose.  
(b) transport or be in possession of any coffee unless he is 
licensed to carry out any of the activities specified in 
paragraph (a) and holds a  valid movement permit issued – Prohibition 
against  operating 
without a licence . 
(i)   in the case of parchment,  by the licensing authority of 
the respective county; or  
(ii)  in the case of clean coffee, by the Authority.   
Provided that — 
(a) where a grower applies for a licence under paragraph (a) in 
respect of own coffee, such licence shall be issued by the 
Authority without undue delay; and  
(b) paragraph (b) shall not apply to a grower moving own coffee 
between the farm and the pulping station.  
(2) An application for a movement permit i n respect of 
parchment shall contain evidence of the competitive sourcing of the 
miller or other service provider to whom the coffee is intended to be 
delivered.    Kenya Subsidiary Legislation, 201 6  
 2250  
8. (1) The following certificates and  licences shall be issued by 
the respective county gov ernment in consultation with the Authority — 
(a) a coffee nursery  certificate authorizing the holder to operate 
a coffee nursery; and  
(b) a pulping station licence authorizing the holder to          
operate a pulping station who is a co -operative so ciety, an 
assoc iation, a company or an estate grower.  Issuance of 
Licences.  
 
(2) The following certificates and  licences shall be issued by the 
Authority in consultation with the respective county governments - 
(a) a coffee grower ’s milling licence authorizing the holder, 
being a co -operative society or other legal entity comprising 
growers, to  pulp, mill, market  or roast coffee;  
(b) a commercial miller’s licence authorizing the holder to 
conduct  the business of milling coffee at a fee;  
(3) The following licences shall be iss ued by the Authority — 
(a) a coffee roasters’ licence authorizing the holder to conduct 
the business of roasting coffee for local sale or for export;  
(b) a warehouseman’s licence authorizing the holder to conduct 
the business of warehousing coffee;  
(c) a  coffee trade r’s licence authorizing  the holder to buy clean 
coffee from the Exchange or import clean coffee from 
outside Kenya for processing in Kenya for sale locally or for 
export;  
(4) The licences issued under this Regulation shall be subject to 
such conditions as  the issuing  authority may prescribe.  
(5) A grower may enter into an agreement with other growers 
within the same county or region for purposes of accessing economies 
of scale in pulping, milling, warehousing, marketing or roasting coffee, 
and shall for t hat purpose - 
(a) apply for the necessary licences from the Authority; or  
(b) where the parties to the agreement already hold such 
licences, inform the Authority accordingly in writing.   . 
9. (1) A holder of a coffee trader’s licence or any other entity 
associated  with such holder  shall not be licensed as a commercial 
miller or warehouseman.  
(2) The Authority may revoke any licence which is found to be 
held in contravention of subregulation(1).  Limitation of a 
coffee 
trader’s licence.  
10. (1) The issuance of the l icences specified under these 
Regulations shall be subject to the applicants meeting the respective 
requirements for such issuance set out in Part A of the Second Schedule 
and payment of the applicable fees as specified in Part B of the same 
Schedule.  
(2) The Authority shall not issue a licence under these 
Regulations unless the person meets the conditions for  licensing;  Conditions of 
licence . 
 
 
 
 Kenya Subsidiary Legislation, 201 6 
 2251  
(3) All licensees shall specify the premises upon which the 
business specified in the license shall be conducted.  
(4) Every licensed pers on shall comply with the Coffee Industry 
Code of Practice.  
(5) Every licensee shall submit a letter of undertaking to remit 
returns to the Authority.  
(6) A license holder who contravenes the terms and conditions of 
the licence shall be liable to have his l icence  suspended or revoked.  
11. (1) The Authority may, after inspection and evaluation of an 
application received under these Regulations, grant the licence applied 
for or reject the application.  
(2) Where an application is re jected, the Authority shall notify 
the applicant accordingly, giving reasons for the rejection and pointing 
out the reasons leading thereto within fourteen days after the date of the 
decision of the Authority.  
(3) The applicant may resubmit an application following such 
rejection after addressing the issues raised in the notification from the 
Authority.  
(4) Where an application is rejected after resubmission under 
subregulation (3), the applicant may appeal to the Cabinet Secretary 
within thirty  days after  notification of the rejection by the Authority.  
(5) The Authority shall process the licences for successful 
applicants in accordance with the provisions of the Act.  Licensing 
procedure.  
12. Licences issued by the Authority shall expire on the 30th June 
of every year and license holders wishing for renewal thereof may 
apply by  1st June preceding the expiry of the license.  Duration of 
licences.  
13. (1) The movement of coffee shall be managed through the 
issuance of movement permits by the licensing author ity of the 
respective county, provided that no movement permit shall be issued 
under these Regulations to any person other than a licensee, and the 
licensee shall not alter the particulars entered thereon.  
(2) No person shall move coffee or cause any coff ee to be moved 
without an original movement permit issued by the Authority in 
accordance with subregulation (1).  
(3) Duplicate copies or photocopies of the original movement 
permit shall not be used for coffee movement.  
(4) Any vessel used for coffee trans portation shall conform to 
Kenya Coffee Standards  
 (5) The movement permit for parchment from a pulping station 
operated by a Co -operative Society shall authorize such  transportation 
to millers within the county or t he next nearest miller in the interest o f 
saving on costs.  
(6) The licensing authority shall monitor the movement of 
parchment coffee between stores and the movement of clean coffee and 
hulled buni to the market in order to ensure that the coffee is safe and to 
avoid any illegal coffee dealings.  Movement 
permits.   Kenya Subsidiary Legislation, 201 6  
 2252  
(7) Any person who moves coffee contrary to this Regulation 
commits an offence.  
14. (1) Licensees under these Regulations shall observe the 
obligations set out in the Third Schedule.  
(2) The obligations set out in the Third Schedule sha ll be implied 
in every contract between a grower and a grower’s agent.  Obligations of 
licensees.  
PART IV —COFFEE PRODUCTION AND PROCESSING   
15. (1) Every grower who plants or uproots coffee shall, within 
six months after doing so, notify the Authority or county government in 
writing of the area of coffee planted or uprooted for purposes of record.  
(2) Every grower who is a member of a co -operative society and 
who plants or uproots  coffee shall, within three  months of doing so, 
notify the co -operative so ciety in writing of the area and number of 
trees planted or uprooted for purposes of record.   
(3) The co -operative society to which a report is made under 
subregulation (2) shall notify  the Authority accordingly in every year 
after registering such detai ls from the grower.  Notification after 
planting or 
uprooting coffee.  
 
16. Any grower who changes the details of his farm or estate as 
registered with the Authority, whether on a subdivision of the estate or 
otherwise, shall report such changes to the Auth ority for purposes of 
record.  Notification after 
change of details 
of farm or estate.  
17. The Cabinet Secretary shall develop a coffee industry policy 
which shall articulate coffee production, processing and marketing 
practices towards adoption of modern  coffee production and processing 
technology.  Coffee Production 
and processing 
standards.  
18. (1) The Authority shall promote coffee certification schemes 
for Kenyan coffee.  
(2) The certification schemes operating within the coffee industry 
shall be regis tered with the Authority.  
(3) Certified coffee shall be identified and labelled according to 
the respective certification schemes for traceability.  
(4) Coffee growers and millers may seek certification to ensure 
quality of service and market confidence.  
(5) Certified coffees shall be declared by the miller in the sales 
catalogues and sold in accordance with Guidelines for the Sale of 
Certified Coffees as provided by the Exchange.  
(6) The standard coffee grades shall be as provided in the Fourth  
Schedule.  Certification of  
Coffee.  
19. (1) No person, other than the Kenya Agricultural Livestock 
and Research Organization or its authorized agents operating 
laboratories or tissue culture units under their supervision, shall issue 
certified coffee seeds or seedl ings for multiplication in any coffee 
nursery  for distribution to any other grower or for export.  Prohibition in 
issuance of coffee 
seeds or seedlings.  Kenya Subsidiary Legislation, 201 6 
 2253  
(2) No person shall establish or operate a coffee nursery unless 
the person is registered with the respective county in consultation with 
the Authority.  
(3) A person shall not be issued with a certificate of registration 
for a nursery, unless an inspector —  
(a) visits and inspects the site and is satisfied that the site is 
suitable for establishment of a nursery; and  
(b) is satisfied that the nursery operator or their agents have 
adequate knowledge of nursery management and production 
techniques.  
20. (1) The milling of coffee may be carried out by - 
(a) a coffee grower or grower’s co -operative society, under a 
coffee grower’s milling licence, or  
(b) a commercial miller under a commercial miller’s licence.  
(2) Coffee milling shall only be conducted at premises that are 
specified as such  in the register maintained by the Authority.  
(3) A miller shall ensure that the gro wer or grower’s 
representative is notified and is present during the milling process.  
(4) A commercial coffee miller shall take out insurance cover 
against fire, theft and other risks for all coffee delivered for milling and 
for milled coffee which has not  yet been handed over for marketing.  
(5) Every miller shall account for mill spillage or sweepings and 
all other coffee by -products to the Authority and the growers at such 
intervals and in  such format  as may be prescribed by the Authority.  
(6) The Autho rity shall from time to time prescribe the maximum 
proportion of milling losses allowable per parchment type and publicize 
the information in such a manner as to be easily accessible to the 
grower.  
(7) A grower who mills his own coffee shall ensure produc tion 
and delivery records are submitted to the Authority in form C3  set out 
in the First Schedule.  
(8) For purposes of direct sales, a miller shall categorize and bulk 
coffee to meet specific market requirements as instructed by the grower 
and in the best  interest of the grower.  Requirements 
relating to coffee 
milling.  
PART V —COFFEE TRADE AND MARKETING   
21. (1) Kenya Coffee shall be traded through — 
(a) auction at the Exchange; and  
(b) direct sales:  
Provided that — 
(a) the prices offered at the direct sales shall bea r a favourable 
comparison to those offered by the Exchange; and  Coffee marketing.   Kenya Subsidiary Legislation, 201 6  
 2254  
(b) the Exchange sha ll  set aside one day in every fortnight for  
the trading of coffee by local traders.  
(2) The Authority shall set up a Pricing Committee comprising of 
seven members drawn from  the National and county governments and 
the Exchange to propose indicative coffee prices based on the prices 
prevailing at the Excahnge and in the international market and on the 
quality of coffee from the various coffee growing regions in the 
country.  
22. (1) A coffee estate, co -operative society or other association 
may undertake direct sales of clean coffee from a licensed coffee 
warehouse and shall notify the Authority accordingly.  
(2) The notification under subregulation (1) shall  contain the 
details of the contract of sale.  
(3) Direct sales shall be conducted in accordance with guidelines 
issued by the Authority.  
(4) The proceeds of the sale of coffee by auction or by direct 
sales shall be deposited in a central depository unit e stablished by the 
Exchange in consultation with the Authority and which shall operate in 
accordance with the trading rules of the Exchange.  Coffee sales.  
 
23. (1)  Millers  shall prepare a sales catalogue in consultation 
wth the Exchange and growers  for al l the coffee transferred to a 
warehouse in accordance with the trading rules referred to in 
Regulation 22(4).  
(2) A sales catalogue  shall contain the particulars set out in the 
Fifth Schedule.  Sales Catalogue . 
24. (1) The Authority shall co -ordinate coffe e stakeholders, 
including growers and marketers, for the holding of international events 
for the promotion of Kenyan coffee in the international arena.  
(2) Respective county governments may mobilize growers for 
centralized coffee marketing in the overseas markets and conduct 
promotional activities both locally and internationally within the 
established legal framework.  Coffee 
promotions.  
25. (1) All coffee shall be stored in warehouses duly licensed by 
the Authority in consultation with the county governme nts. 
(2) No premises shall be designated as a coffee warehouse by the 
Authority unless the premises are inspected, approved, and registered 
as such.  
(3) A licensed warehouse shall conform to the standards issued 
by the Kenya Bureau of Standards and shall b e duly certified by a 
public health officer.  
(4) The Authority shall cause warehouses and warehousing 
activities to be inspected on a regular basis.  
(5) No warehouseman shall have a lien of any nature over coffee 
whether in his possession or not.  
(6) Every  warehouseman shall insure all coffee in his warehouse 
or under his custody against fire, theft and other insurable risk.  Coffee 
warehousing in 
designated 
warehouses.  
 
 Kenya Subsidiary Legislation, 201 6 
 2255  
(7) No coffee shall be removed from a warehouse without a 
coffee warrant issued by the Exchange and registered with the 
warehouseman.  
(8) A person who operates a warehouse in contravention of this 
Regulation commits an offence.  
26. (1) No person shall export coffee or cause any coffee to be 
exported unless a phytosanitary certificate of ins pection is presented to 
the Commissioner of Customs and Excise along with a certificate of 
origin or a certificate of re -export, as the case may be, relating to such 
coffee.  
(2) No coffee grown outside Kenya shall be entered into Kenya 
in transit for expor t unless accompanied by a certificate of origin.  
(3) No coffee imported into Kenya shall be re -exported in any 
condition or quantity other than that in which it was imported into 
Kenya except with a certificate of re -export.  
(4) A certificate of origin for  coffee produced outside Kenya 
shall be valid only if issued by the certifying agency of the relevant 
country and endorsed and completed by the relevant government 
agency of that country.  
(5) A certificate of origin for coffee grown in Kenya, and any 
certificate of re -export for coffee grown outside Kenya but re -exported 
from Kenya, shall be issued only by the Authority.  
(6) The Authority shall authorize and monitor the importation of 
coffee into Kenya.  Export and import 
of coffee.  
 
27. (1) A  person who b lends any or various grades of coffee 
produced in Kenya with any other coffees produced outside Kenya 
shall not  represent such coffee as coffee having its origin in Kenya.  
(2) Any person who contravenes the provisions of this regulation 
commits an offence . Prohibition 
against 
misrepresentation 
of blended coffee.  
28. (1) A warehouseman shall, after every sale of coffee and 
upon confirmation of payment, issue to the purchaser a coffee warrant 
in such form, and containing such details of the coffee purchased , as 
the Authority may prescribe.  
(2) No person shall alter any certificate of origin, certificate of 
inspection or certificate of re -export, coffee warrant, warehouse receipt 
or other document prepared for purposes of these regulations.  Coffee Warrant.  
29. (1) Nothing in these regulations shall apply to the export or 
dispatch of any coffee when the coffee concerned — 
(a) consists only of a sample or a parcel not exceeding twenty 
kilogrammes in weight; or  
(b) is for consumption on ships, aeroplanes or other          
international carriers.  Exemption.  
30. The Authority shall carry out activities for  purposes of — 
(a) advertising the merits of Kenyan coffee and increasing its 
sale to expand existing markets and entering new markets 
and matters incidental thereto ; Activities of the 
Authority.   Kenya Subsidiary Legislation, 201 6  
 2256  
(b) promotions, exhibitions and trade fairs for the display of the 
Kenya coffee in the domestic and international markets;  
(c) collection and dissemination of statistics and other 
information relating to Kenya coffee and its production, 
distribution and consumpt ion; 
(d) regulation and compliance activities;  
(e) promotion of product diversification and value addition; and  
(f) any other lawful purpose for the development of the coffee 
sub-sector.  
PART VI —QUALITY ASSURANCE   
31. (1) The Authority shall establish and enforce standards in 
grading, sampling and inspections, tests and analysis, specifications, 
units of measurement, code of practice and packaging, preservation, 
conservation and environmental sustainability and transportation of 
coffee.  
(2) The Authority shall develop a training curriculum and 
conduct examinations for coffee liquorers in consultation with industry 
stakeholders.  
(3) Liquoring certificates shall be issued by the Authority to 
persons who pass the liquoring examinations in a ccordance with these 
regulations.  
(4) Any qualified person intending to offer liquoring services 
shall apply to the Authority for certification.  
(5) The Authority shall develop guidelines for the establishment 
of independent cupping centers at the countie s for the purpose of coffee 
quality analysis and maintenance.  
(6) Coffee quality analysis at the cupping centers shall be carried 
out only by certified liquorers.  
(7) Quality Assurance officers from the Authority may whenever 
the need arises, carry out ass essments on coffee quality maintenance at 
any premises that handles coffee, along all stages of the value chain.  
(8) The Authority shall demand evidence of engagement of a 
registered coffee liquorer by a   miller or trader licensed under these 
regulations.  Quality Assurance 
for Coffe 
Industry.  
32. (1) The Authority may appoint inspectors to conduct 
independent inspection of a grower’s farm, a mill warehouse or the 
premises of a coffee trader to ascertain whether the requirements of the 
Act and these regula tions are being complied with.  
(2) In carrying out an inspection under subregulation (1) the 
inspectors shall — 
(a) monitor activities along the value chain of coffee to ensure 
compliance with set regulations and standards;  
(b) undertake inspections to ensure comp liance with  these 
regulations;  Appointment of 
inspectors.  Kenya Subsidiary Legislation, 201 6 
 2257  
(c) ensure that all people dealing with coffee adhere to the 
conditions of registration and licensing set out in the Second 
Schedule.  
(3) An inspector shall work in collaboration with the County 
executive committee member for agriculture of the respective county in 
the discharge of functions under this regulation.  
(4) A grower, miller, warehouseman or trader shall afford the 
inspector full and free access and all necessary assistance to any such 
inspector during the inspection.  
(5) No coffee grower, miller, agent, trader, or warehouseman or 
their agents shall deny entry to an inspector acting in the course of that 
inspector’s duty or obstruct an inspector from making an entry or 
conducting an inspection of a mill or other premis es. 
33.  No agent or person employed by an agent shall, otherwise 
than with express written authority of a grower, remove labels or seals 
or open technically sewn or closed packets of coffee unless for the 
purpose of inspection to determine their validity and genuineness or 
with other reasonable cause.  Prohibition 
against removal of 
labels, seals, etc.  
34. The Authority shall conduct periodic surveillance within 
coffee -growing counties and among millers, processing plants, 
wareh ousing facilities, retail outlets, export points, and exporters’ 
premises to assess the degree of compliance with the coffee industry 
policy, standards, code of practice and the general well being of the 
coffee industry.  Surveillance.  
PART VII —GENERAL PR OVISIONS   
35. (1) Where any dispute arises between any two or more 
persons licensed or registered under these Regulations, the dispute may 
be resolved through arbitration or relevant rules made by the Cabinet 
Secretary.  Arbitration.  
 
No. 26 of 2013.  
36. (1) A person who contravenes any provisions of these 
Regulations commits an offence.   
(2) A person who commits an offence under these Rules for 
which no other penalty is provided shall be liable to a fine not 
exceeding five hundred thousand shillings or t o a term of imprisonment 
not exceeding one year or both.  General penalty.  
37. The Coffee (General) Rules 2002 are revoked.   Revocation.  
38. (1) Notwithstanding Regulation 37 - 
(a) all licenses for coffee business existing before the coming 
into operation of these regulations shall remain valid until 
their expiry, and shall thereafter be renewed under these 
Regulations;  
(b) all marketing agent and dealers’ licences in force     
immediately before the operationalization of these     
Regulations shall remain valid u ntil the 30th September, 
2016.  Transitional.    Kenya Subsidiary Legislation, 201 6  
 2258  
(c) any person who immediately before the coming into  
operation of these regulations was an agent for a grower may 
upon such operationalization apply to the Authority for 
licensing under these Regulations;  
(2) The Authority shal l within a period of ninety days after the  
operationalization of these Regulations put in place a mechanism for 
the discharge of all liabilities attaching to or in respect of any of the 
institutions concerned with the growing, milling or marketing of coff ee 
immediately before the operationalization.  Kenya Subsidiary Legislation, 201 6 
 2259  
FIRST SCHEDULE                                         (R .6)  
Form A1  
APPLICATION FOR REGISTRATION OF A COFFEE NURSERY  
(1) Personal Information  
Name of Applicant (new /renewal):  ................................ ................................ ....................   
(Attach National ID) 
Sub county: ………………………Location  ................................ ................................ ........   
Location…………………………Division  ................................ ................................ ..........   
Land Registration No/Plot No  ................................ ................................ ..............................   
(Attach copy of Title deed, lease agreement or other supporting document. ) 
Contact Details:  
Postal Address  ................................ ................................ ................................ ......................   
Email   ................................ ................................ ................................ ...........................   
Telephone:   
(2) Nursery Information  
Where the a pplicant is a company or co -operative society, supply the County with:  
(a) A certified copy of certificate of incorporation/registration;  
(b) A certified copy of memorandum and articles of association/ constitution/by 
laws;  
(c) Names and address of Directors.  
(i) …………………… …..........................................………… .....................  
(ii) .…………………………..........................................………....................  
(iii) …………………..........................................…………….........................  
(iv) …………………....................... ...................……………….....................  
(3) Nursery Category (tick as appropriate)  
(a) Commercial                                (b)  Private  
CONDITIONS:  
The  registration requirements shall be as  provided in these Regulations.  
Date:……………………………… ……Signed: ………………………….. ..................................  
(4) (a) County Inspector Comments  
……………………………………………………………………………………………
……………………………………………………………………………………………
……………………………………………………………………………………………
…………………………………………………………………..………………………   Kenya Subsidiary Legislation, 201 6  
 2260  
(b) AFFA County Office r Comments:  
……………………………………………………………………………………………  
……………………………………………………………………………………………  
……………………………………………………………………………………………  
……………………………………………………………………………………………  
(5) Nursery Certificate Approval  
 
 
 
 
 
 
 
 (To be filled in duplicate and copy sent to AFFA ) 
------- ----------  
FIRST SCHEDULE  
Form A2  
NURSERY REGISTRATION CERTIFICATE  
Valid from …………………….….to…………………………………….… .......................  
Name of Certificate holder: ………………….………..………..………..… .......................  
Postal Address …………………………………………………………….... .......................  
Email……………………………………………………………………….. ........................  
Telephone: ……………………................................……………………..... .......................  
Location: …….…………Sub -location………………..…………………… ........................  
Village/Road……………………. Division:………………..……………… ........................  
County………………………………………………………………....…… ........................  
L.R. No. or Plot No: ……………………………....……………………… ..........................  
Nursery Code: ……………………………………...………………………. .......................  
Nursery Category (tick as appropriate)  
 Commercial   (a)                                        (b) Private  
Is hereby registered to operate coffee nursery on the above L.R. No/Plot no. in the above 
(county)  
Terms and conditions  FOR OFFICIAL USE  
Approved/Not Approved……………………………………………………… ..........  
The County Executive Member in Charge of Agriculture  
Signature…………………………… ............ Date……………………. ......................  
Stamp:  Kenya Subsidiary Legislation, 201 6 
 2261  
1. Nursery operators shall maintain rec ords of source of seed, amount of allocated 
seed, seedlings raised and seedlings bought.  
2. Nursery operators shall remit returns to the County on a quarterly basis  
3. The source of seed shall be only the Coffee Research Institute or its authorized 
agents.  
 (To be filled in duplicate and copy sent to AFFA ) FOR OFFICIAL USE  
Approved/Not Approved………………………… …………………………… ..........  
The County Executive Member in Charge of Agriculture  
Signature…………………………… ............ Date……………………. ......................  
Stamp:   Kenya Subsidiary Legislation, 201 6  
 2262  
FIRST SCHEDULE  
Form A3  
COFFEE NURSERIES RETURNS  
1. Name of Nursery /Owner: ……………………….…………………..… ......................   
2. Address: Postal ……Postal Code.........…………..……………Email…………… ....... 
3. Telephone: ………………………………… ……………………………. ....................  
4. Location:…...................................Sub -location…… ............ Village/Road…… ....……  
5. Division: ……………… ............... County……………… ..............................................  
6. L.R. No. or Plot No: ……………………….…………………….… …….. ...................  
7. Nursery Code……………………………………………………………. .....................  
8. Period of returns from……………..to………………………..…………. .....................  
9. Source of planting materials (seed /seedlings/ cuttings)………………… .....................  
Seedling Stock  
Varie ty Balance B/f from 
previous quarter:  Amount of 
planting material 
allocated  No. of 
seedlings 
raised  Total 
seedlings 
available  
Ruiru 11      
Batian      
Traditional 
(Specify)      
Others      
Total      
Seedlings Sales  
No. Date  Name  of 
Buyer  ID No  Recei pt 
No. 
Issued  No of Seedlings Sold  Total  
    Ruiru 
II Batian  Traditional  Others   
1          
2          
3          
4          
5          
  Total         
Prepared by:  
Name:…………………………………….………Designation:………………..………  
Signature:……………………………………… Date:…………… …………….……………  
Stamp:……………………….…………………………...  
(To be filled in duplicate and copy sent to AFFA ) Kenya Subsidiary Legislation, 201 6 
 2263  
Form B1  
APPLICATION FOR PULPING STATION LICENCE  
1. Name of Applicant: ……………………….……………. .... (Individual/organization)  
2. Postal Address:………………………….…………Postal Code……....……… ……...  
       E-mail…………………………….…………Telephone:……………………..…… ..... 
3. Location……………………...……..…Sub -Location:………………….…….….. ......  
Village/Road……………………………………………………………...……… ........  
County:…………………………………………………………………………….. .....  
       Proposed Name of farm (where app licable): ……………………………………. ........  
4. L.R. No ……………………………………………………….. ....................................  
(Attach copy Title Deed/Lease Agreement/Other supporting document).  
5. Registration Certificate of a co -operative: society/Company…………….………  
6.  (Attach certifie d Copy)  Application is made for permission to erect/operate a factory 
for the pulping of coffee in accordance with the particulars given above, which are 
hereby certified to be correct by the applicant(s): — 
Name…………………………Signed…………………….Date………...………… .... 
Name…………………………Signed…………………. ...Date.……..………..….. ..... 
Name…………………………Signed………………. .......Date.………..………… ..... 
7. Land under mature coffee……No of Trees…………… ....variety………. ....................  
8. Production for immediate past three years  
Year  Production (kg)  
  
  
  
9. Source of water……………………………………………………......  
[Attach Clearance by water department, where applicable]  
10.  County Inspector Comments:  
……………………………………………………………………………………………  
......……………………………………………………………………………………… .. 
……………………………………………………………………………………………  
……………………………… …………………………………………………. ..............  
(b) AFFA County Officer Comments:  
…………………………………………………………………………………………… ... 
…………………………………………………………………………………………… ... 
…………………………………………………………………………………………… ...  Kenya Subsidiary Legislation, 201 6  
 2264  
(To be filled in duplicate and copy sent to AFFA ) 
-----------------  
Form B2  
PULPING STATION LICENCE  
Valid from …………………………………..To…………………………..………….. ...... 
1. Name……………………………..……..…..Grower’s Code ………..........……… ..... 
2.    Contacts:  
            Postal Address…………………………………..…………………………….. ........  
            E-mail…………………………..….… …....…………………………….….… ........  
     Telephone: ……………………………...…...……….… .........................................  
3. Location:  
Sub County: Division: ………………………………………………... ........................   
Location: …………………Sub location: ………………………… ......................... ..... 
Village/Road:………………………………………………………. .............................  
Proposed Name of farm (where applicable): …………………...……….… ........................  
Is/are hereby authorized to operate a factory for the pulping of cherry  
Subject to the terms and condi tions:  
1. This licence shall be only for pulping own coffee.  
2. The County may cancel, vary or suspend the license issued to any person if such 
person fails to comply with terms and conditions of the licence.  
3. The pulping stations shall submit their pulping retur ns to the County on bi -
annual basis  
4. A pulping licence may be suspended where the licensee, without any good 
reason acceptable to the County, continues t o default in submitting return  
(To be issued in duplicate and copy sent to AFFA ) FOR OFFICIAL USE  
Approved/Not Approved……………………………………………………… ..........  
The County Executive Member in Cha rge of Agriculture  
Signature…………………………… ............ Date……………………. ......................  
Stamp:  
FOR OFFICIAL USE  
Approved/Not Approved……………………………………………………… ..........  
The County Executive Member in Charge of Agriculture  
Signature…………………………… ............ Date… …………………. ......................  
Stamp:  Kenya Subsidiary Legislation, 201 6 
 2265  
AGRICULTURE  AND FOOD AUTHORITY  
FORM C1                      APPLICATION FOR COFFEE   MILLING LICENCE  
Tick as appropriate:  
Grower -miller;  
Commercial -miller  
1. Name of applicant (new/renewal -delete as appropriate) ……… ...................................  
............................. ...........................................................................................................  
2. Postal Address: ………………………….…… Postal Code ……………….. ..............  
3. Email……………………….…………Telephone number…………………. ...............  
4. Location…………………Sub locat ion ……………village/road…………… ..............  
5. Division……………………..……County ……………………………….…. ..............  
6. L.R. No. / Plot No.……………………………………………….……..……. ..............  
7. Milling capacity: - 
a) Parchment…………………………tonnes  per hour  
b) Buni………………………………tonnes per hour  
8. License cat egory (tick as appropriate) — 
Estate                                     Co-operative Society  
Other   
Application is here made for authority to erect/operate a coffee milling plant; 
particulars given are hereby certified to be correct:  
9. Catchment Area: ……… …………………………………………………. ...................  
Applicant Signature……………….….…………………..………………. ...................  
Date ……………………………………………………………………….. ..................   Kenya Subsidiary Legislation, 201 6  
 2266  
AGRICULTURE   AND FOOD AUTHORITY  
FORM C2                           MILLING LICENCE  
Tick as applica ble:  
Grower -miller;  
Commercial miller.  
License No. …………………..…................... Authority’s Code……........................ .........  
Valid from...................................................….to………...................…....………….. ..........  
Name ………………… ……….……………………………...……………………… .........  
Address: postal..……………………….………Postal Code………………………… ........  
Email …………………………………..Telephone number…………..…………….. .........  
Location…………………Sub location ……………………village/road……………. ........  
Division……………………………..…County ………………… ……….…………. .........  
L.R.No./Plot…………………………..…………Location…………………………... ........  
Is/are hereby authorized to  
(a)   erect/op erate a coffee milling plant ………L.R.  No. /Plot 
No.……  
(b)  to pulp and mill coffee;    
(c)  to market and roast coffee.  
Signature…………..... ....... Date ……………………………...  
Agriculture,  and Food Authority  
Subject to Terms and Conditions overleaf:  
1. The Authority may vary, suspend or cancel the milling license issued if the holder 
fails to abide with the terms and conditions of the license.  
2. The mille rs shall submit their milling returns to the Authority on a monthly basis.  
3. A milling license may be suspended where a licensee, without any good reason 
acceptable to the Authority, continues to default in submitting returns.  
(To be filled in duplicate and copy sent to respective County Governments ) Kenya Subsidiary Legislation, 201 6 
 2267  
AGRICULTURE   AND FOOD AUTHORITY  
FORM C4  
MILLER’S MONTHLY  RETURNS  
Category (Commercial/Grower Mill) ………………………….………………… ..............  
Miller’s Name……………………………………………………..……………… ..............  
Authority’s Code………… …………..……License No………….………….….. ...............  
P.O Box…………………………..…..Physical Address………………………..… ............  
Telephone………..………………..Email……………………………………..…… ...........  
Crop year ………………….……..……… Month………….……………….……... ...........  
Grower  CBK 
Code  Out/Turn  Parc hment 
(Kg)  CLEAN COFFEE  Buni  
   P1 P2 P3 T/P AA AB PB E C TT T SB UG Total 
cc Milling 
loss MH ML Total 
Clean 
Buni  Millin
g Loss  
                      
                      
                      
                      
Total                       
Monthl y Sweepings in Kg……………………….........................…………….. ..................  
Milling Charges per Tonne ………………………………….……................... ...................  
Transport charges …………………………………………………………..…. ...................  
Colour Sorting per Tonne ……………………… ……………………….…….. ..................  
Handling charges per bag……………………………………………………… ..................  
Other charges (Specify)…………………………………………..…………… ...................  
Name:………………………...…………Designation:…………………… .........................  
Signature:……….…………………..……D ate:…………………………….……….……… .........  
Stamp   Kenya Subsidiary Legislation, 201 6  
 2268  
FORM D1   
APPLICATION FOR A COFFEE TRADER’S LICENCE  
1. Name of Applicant (Grower/Commercial) (new/renewal -delete as appropriate)  
……………………………………………………….……………………. ..................  
2. Address ……………………………Postal Code……………………… …...................  
3. Registered address ……………….…… Building…………………... ..........................  
Street…………………………………………..…………………………… .................  
Town/City………………………..…… L.R. No. ………………………… .................  
4. Date of Incorporation………………………………….………………….. ...................  
5. Registration No……………………………………………………………. ..................  
6. Name of Company …………………………………..…………………..... ..................  
7. Physical Address …………………………………….……………….……. .................  
8. Location of the principal office…………………………………………….. ......... ....... 
Address…………………………………………….……………………..… ................  
Telephone ………………………………………………………………..… ................  
Fax……………………….…E -mail……………………………………..... .................  
9. Details of the capital structure  
(a) Nominal capital KSh. …………………………….. ............  
(b) Paid up capital KSh.  ……………………………………...  
10. Full names, addresses and occupations of the directors:  
Name:  Address:  Occupation:  
1. ------------------  ------------------  ---------------  
2. ------------------  ------------------  ---------------  
3. ------------------  ------------------  ---------------  
4. ------------------  ------------------  --------------  
11. Branch Office(s) if any  
Address:……………...........................................………. ..............................................  
Building ….............………… Street ………..........………………. ..............................  
Town/City……….........…. L.R. No. ………………… .................................................  
Telephone ……………………………………………… ..............................................  
Fax…………………………………………………………… .............. ........................  
E-mail……………………………………………………… .........................................  
12. Name, Address and Telephone of the Chief Executive:  
Name: …………………………………………......……...  Kenya Subsidiary Legislation, 201 6 
 2269  
Physical Address ………………………......……….. ........  
Telephone: ………………………..…………… .................  
Postal Address:………………..…………….. ......................  
Professional Qualifications:…………………………... ........  
Experience:…………………………..……………… ..........  
13. I/We certify that we have read and understood the coffee, Regulations currently in 
force and I/We also understand that the licence and registration certificate granted on 
this application may be cancelled and penalties and punishment may be imposed on 
each of us if any document or statement submitted by us in the course of this 
application is false or materially misleading.  
Date…………………………………………………….……...........……………  
Name of Director…………………………………… Signature ………………..  
Name of Director…………………………………… Signature ………………..  
Name of Secretary …………………………….…...Signature …………..……..  
14. Additional registration requiremen ts shall be as per the fourth schedule of these 
forms.  
(To be filled in duplicate and copy sent to respective County Governments)  
-----------------  
AGRICULTURE AND FOOD AUTHORITY  
FORM D2                           COFFEE TRADER’S  LICENCE  
Licence No. ……………… …….…........... Authority’s Code…….........................… .........  
Valid from..........................................….to………..............................…....………….. ........  
Name …………………………………………….…………………………………… ........  
Address: postal..………………..…………Po stal Code………………………………. ...... 
Email ………………………..…………..Telephone number…………..…………….. ....... 
Location…………………Sub location …………….………village/road……….……. ...... 
Division……………………………………....…County ……………………………. ........  
L.R.No./Plot…………………………………..…Location…………………..………. ......... 
  Kenya Subsidiary Legislation, 201 6  
 2270  
AGRICULTURE   AND FOOD AUTHORITY  
FORM E1   
APPLICATION FOR A COFFEE ROASTER’S LICENCE  
1. Name of Applicant   
a. ………………………………………………………………………. ....................  
2. Address ………………………………Postal Code………………………….. .............  
3. Registered address ……………….…………… Building…………………... ..............  
a. Street…………………………………………………….…………… ...................  
b. Town/City……………… L.R. No. …………………..…….. ................................  
4. Date of Incorporation ( fill 4 -10 if applicable, if not write N/A)  
5. Registration No…………………………………………… …………………. ..............  
6. Name of Company …………………………………………………………..... ............  
7. Physical Address ……………....................................................……….……. ..............  
8. Location of the principal office……………………………………..……….. ..............  
a. Address……………… ……………………………………………..… ..................  
b. Telephone …………………………………………………………..… .................  
c.  Fax………………..E -mail………………………………..... ................................  
9. Details of the capital structure  
a. Nominal capital KSh. ……………………………………………….. ...................  
b. Paid up capital KSh.  ………………………………………………... ...................  
10. Full names, addresses and occupations of the directors:  
Name:  Address:  Occupation:  
1. ------------------  ------------------  ---------------  
2. ------------------  ------------------  -------------- - 
3. ------------------  ------------------  ---------------  
4. ------------------  ------------------  --------------  
11. Branch Office(s) if any  
a. Address:………........................................................................……….  
b. Building ……………………...………… Stre et ……….…..........….  
c. Town/City……………………. L.R. No. …………………………….  
d. Telephone ……………………………………………………………  
e. Fax……………………………….……………………………………  
f. E-mail…………………………………………………………………  
12. Name, Address and Telephone of the owner/Chief Executive:  Kenya Subsidiary Legislation, 201 6 
 2271  
a. Name: …………………………………………….………......……...  
b. Physical Address …………………………….…………......………..  
c. Telephone: ……………………………..………………….…………  
d. Postal Address:………………………..…………………….………..  
e. Professional Qualifications:………………………………………...  
f. Experience:……………………………..………………….…………  
13. I/We certify that we have read and understood the  Coffee, (General) 2013 
Regulations currently in force and I/We also understand that the license and 
registration certificate granted on this application may be cancelled and penalties and 
punishment may be imposed on each of us if any document or statemen t submitted 
by us in the course of this application is false or materially misleading.  
a. Date…………………………………...........……………  
b. Name of Director……………………..…… Signature ………………  
c. Name of Director………………….……… Signature ………….……  
d. Name of Secretary ……………………..…...Signature … ……..……  
14. Additional registration requirements shall be as per the fourth schedule of these 
forms.  
(To be filled in duplicate and copy sent to respective County Governments)  
-----------------  
AGRICULTURE   AND FOOD AUTHORITY  
FORM E2                            
COFFEE ROASTER’S  LICENCE  
Licence No. ……………………….............. Authority’s Code…….........................… ....... 
Valid from................................................................….to……………………............... ....... 
Name ……………………………………………………………………… …………… ..... 
Address: postal..……………………………Postal Code………………………. ................  
E-mail ……………………………..……..Telephone number………………………. ........  
Location………………….……Sub location …………………village/road………..…. ..... 
Division………………………………….…County ……………………..……………. ..... 
L.R.N o./Plot…………………………………………Location………………………… ......  Kenya Subsidiary Legislation, 201 6  
 2272  
AGRICULTURE   AND FOOD AUTHORITY  
FORM F1   
APPLICATION FOR A WAREHOUSEMAN’S LICENCE  
1. Name of Applicant (new/renewal -delete as appropriate)…………..………...... ...........  
2. Postal Address……………………………Postal Code……...... .………….…… .........  
3. Registered Office…………..………. Building………….……Street………..… ..........  
Town/ City………………………….…… L.R. No…………………..………… .........  
4. Date of Incorporation………………………………………….……................... ..........  
5. Registration No…………………………………………………..……………… ......... 
6. Name of Company…………………………………………………………......... .........  
7. Physical Address……………...……………………………………….………… .........  
8. Location of the Principal Office………………………………………………… .........  
Address…………...........………………………………………………………… ........  
Telephone…………….............. ..………………………………………………… ....... 
Fax……………E -mail………..................……………………… .................................  
9. Details of the Capital Structure:  
(i) Nominal Capital KSh. …….....……………………………………………… ....... 
(ii) Paid Up Capital KSh. ………….................................... ..........……………… ....... 
10. Full Names, Address and Occupations of the  Directors:  
Name   Address  Occupation  
1. ………………  ……………….   …………………..….  
2. ………………  ……………….   …………………..….  
3. ………………  ……………….   …………………..….  
11. Branch Office (s) if any  
Address:…………………...................……………………… .……………… ..............  
Building…………........................…….. Street……………………………… ..............  
Town/ City…………………………. L. R. No……………….……………… .............  
Tel:.......................................................Fax:………………......……………… ..............  
E-mail: …………………………………………………………..…………… ..............  
12. I/ We hereby apply for a license as a Coffee Warehouseman and to carry on a 
business of Coffee Warehouseman  
Date:………………......................................................………………………  
Name of Director………………………………S ignature………………….  
Name of Director………………..……Signature……………………………  
Name of Secretary………………………….. Signature……………………  Kenya Subsidiary Legislation, 201 6 
 2273  
13. I/ We certify that we have read and understood the coffee regulations currently in 
force and understand that the licence granted on this applica tion may be cancelled 
and penalties and punishment may be imposed on each of us if any document or 
statement submitted by us in the course of this application is false or materially 
misleading. I/ We also certify that the information given above is correct . 
Date: ……………………………………………….  
Name of Director…………………………………………Signature………………….  
Name of Director………………………………….Signature…………………………  
Name of Secretary………………………………. Signature……………...…… ..........  
14. The additional registration requirements shall be as per the fourth  schedule of this 
forms  
-----------------  
AGRICULTURE   AND FOOD AUTHORITY  
FORM F2  
WAREHOUSEMAN’S LICENCE  
Authority’s Code: ……………………………  
THIS LICENCE is granted to…………… .…. of P.O. Box…………… and   authorizes 
the said……………………………….to conduct the business of a C offee warehouseman 
in the Republic of Kenya for a period of one (1) year from the   …………......day of 
…………………………to ……………….day of ………………………….(both days 
inclusive).  
THIS LICENCE is issued subject to the maintenance of the requirements for approval 
and the prov isions of the Coffee (General) Regulations currently in force and the Rules 
made thereunder and to such conditions as are stipulated herein.  
Warehouses, whether owned or rented, used for storage of clean coffee or hulled buni 
shall comply with internationa l standards for clean coffee warehousing.  
THIS LICENCE is not transferable.  
ISSUED at Nairobi this …………day of ……………..………..20……..  
Signed………………………………………………  
Agriculture  and Food Authority  
Subject to terms and conditions set out hereunder:  
1. A warehouseman shal l not engage in any business that is contrary to the  provisions 
of the Coffee Regulations  
2. A warehouseman shall maintain a record of all transactions undertaken and avail 
them to an authorized officer of the Authority or any other appointed authority upon 
request.  
  Kenya Subsidiary Legislation, 201 6  
 2274  
SECOND SCHEDULE                                                 (R.10(1))  
REQUIREMENTS AND FEES  
A—LICENSING REQUIREMENTS  
(a) Nursery Certificate  
1. Individual National ID/Passport No and PIN  
2. Suitable land site for establishment of a nursery  
3. Reliable source of clean water  
4. Accessibility of nursery site for inspection and materials transportation  
5.    Any other requirements that may be prescribed by the Authority from time to time  
In addition, where the applicant is a company/society  
(i) A certifi ed copy of certificate of incorporation/registration (in the case of 
companies or societies  
(ii) A certified copy of memorandum and articles of association;  
(iii) Names of directors/officials  
(b) A Pulping station Licence  
1. Applicants personal details and contacts.  
2. Individual National ID/Passport No. and PIN.  
3. Copy of title deed or certificate of leasehold of a duration of lease of not less than six 
years as proof of ownership  or proprietorship and a current certificate of search or 
other supporting documents.  
4. A minimum of 2 acres of coffee or 20,000kgs of cherry on a average of three years.  
5. Any other requirements that may be prescribed by the Authority from time to time  
(c)  Grower Miller’s  Licence  
1. Applicant’s personal details and contacts  
2.    Individual’s National ID No.  
3.    Where the applicant is a corporation, a certified copy of certificate of incorporation.  
4. A certified copy of memorandum and articles of association (if No. 3 applies).  
5.    A paid -up share capital of not less than Ksh. 10 0,000.   
6. Names of company directors, individual National ID/ Passport No and   Pin Numbers  
7. Milling facilities.  
8. Compliance with statutory requirements, including but not limited to, NEMA 
certificate Safety and Occupational Health Certificate and C ounty Business Permit.  
9. A certified copy of a comprehensive insurance cover from a reputable firm 
proportionate to volume of coffee handled as per insurance valuation.  
10.  Proof of engaging services of a coffee liquorer registered by the Authority.  
11.  Lease or establishment of a Coffee Mill upon approval by the Authority.  Kenya Subsidiary Legislation, 201 6 
 2275  
12.  Any other requirements that may be prescribed by the Authority from time to time.  
(d)   A commercial coffee miller’s  licence  
Same requirements as grower/miller’s licence.  
In add ition, the holder shall  present a Tax compliance certificate from the  Kenya 
Revenue Authority.  
(e)  Roaster’s License  
1.    Applicant’s personal details and contacts.  
2.    Individual National ID/Passport No.  
3.    If applicant is a company — 
(a) A certified copy of certificate of incorporation  
(b) A certified copy of memorandum and articles of association  
(c) A paid up share capital of not less than KSh.100,000/=  
(d) Names of company directors, individual National ID/Passport No, Pin    
Numbers  
4.    Tax compliance ce rtificate from Kenya Revenue Authority (KRA) for the Company  
5. If applicant is a registered business -  
(a) Certificate of Registration  
(b) Particulars of the proprietors - individual National ID/Passport No, Pin    
Numbers  
(c) Compliance with statutory requirements,  including but not limited to, NEMA  
certificate (where applicable) Safety and Occupational Health Certificate (where   
 applicable) and Business Permit.  
(d) Any other requirements that may be prescribed by the Authority from time to 
time 
(f) Coffee Trader’s L icence  
1. A certified copy of certificate of incorporation  
2. A certified copy of memorandum and articles of association  
3. A paid up share capital of not less than Kshs 300,000/=  
4. Names of company directors, individual National ID/Passport No,  Pin Nu mbers  
5.   Names and addresses of two business referees  
7. Tax compliance certificate from Kenya Revenue Authority (KRA) for the Company  
8. Clearance letter from the Nairobi Coffee Exchange (NCE) in the case of renewals  
9. Compliance with Statutory requir ements, including but not limited to, NEMA 
certificate (where applicable) Safety & Occupational Health Certificate (where 
applicable) and Local Authority Business Permit  
10.  A valid performance bond of Kshs.500,000/= in favour of the Directorate  
11.  Proo f of engaging the services of a coffee liquorer registered by the Directorate   Kenya Subsidiary Legislation, 201 6  
 2276  
13.  Undertaking to furnish the Directorate with monthly  returns    
14. Any other requirements that may be prescribed by the Authority from time to time  
15.  If applicant is a registered business, the certificate of registration and particulars of 
the proprietors.  
(h) Warehouseman’s  Licence  
1. A certified copy of certificate of incorporation  
2. A certified copy of memorandum and articles of association  
3. A paid up share capi tal of not less than KSh.300,000/=  
4. Names of company directors, individual National ID/ Passport No, Pin Numbers   
5.    Names and addresses of two business referees  
7. Names of company directors, individual National ID, Passport No. Pin Numbers  
8. Tax compliance certificate from Kenya Revenue Authority (KRA) for the Company  
9.    Clearance Certificate by respective county governments  
10. Compliance with Statutory requirements, including but not limited to, NEMA 
certificate Safety  and Occupational Heal th Certificate and Local Authority Business 
Permit.  
11. A certified copy of a comprehensive insurance cover from a reputable firm 
proportionate to volume of coffee handled as per insurance valuation  
12.  Compliance with minimum specifications as required b y Kenya Bureau of Standards.  
13.  Undertaking to furnish the Authority with monthly stock returns    
14.  Any other requirements that may be prescribed by the Authority from time to time  
B—Certificate and  Licence Fees  
The following license fees shall app ly for the respective certificates and licenses: - 
Category  AFA  
 Amount(KSh. )/US$  
Application  Forms  KSh.   1,000  
Registration Certificate  KSh.   ---- 
Nursery Certificate  KSh. 1,000  
Pulping Station license  KSh.   1,000  
Grower’s milling Marketing lice nse KSh.  20,000  
Commercial Coffee Millers license  US$ 1,000  
Roaster’s License  KSh. 7,500  
Coffee Commercial Warehouse License  US$ 1,000  
Trader  USD  500  
Clean coffee movement permit  USD 1  
 Mobile Huller  KSh.  10,000  
NB The fees specified herein shal l be paid to the Authority and shared with the County 
governments in accordance with agreements negotiated by the two levels.  Kenya Subsidiary Legislation, 201 6 
 2277  
THIRD SCHEDULE                                       (R.14)  
OBLIGATION OF LICENSEES  
The following are the operating standards and  obligations which shall be binding 
upon the holders of the licence respectively specified (hereinafter referred to as 
―Licensee‖).   
The contracts refereed to in this Schedule shall contain all relevant information and 
shall expressly state all tariffs an d charges payable thereunder.  
The cost of the service shall not exceed 15% of the net earnings from the coffee 
sales and the same shall be stated in the agreement at the beginning of each year and the 
amount shall be paid by the growers upon receipt of pay ment for the coffee.  
A. Pulping Station Licence  
1. Where a licensee pulps coffee other than that from own estate, there shall be  a 
service contract between the parties, and the licensee shall deemed to be the agent of 
the grower and shall act in the best intere sts of the grower.  
2. The licensee shall perform sorting and density grading of cherry immediately upon 
receipt.  
3. The licensee shall  weigh the grower’s cherry using a credible weighing system, 
maintain an accurate record of the same and give an original recei pt thereof to the 
grower immediately.  
4. The licensee shall diligently and carefully carry out the process of removal of coffee 
pulp from the cherry, fermentation, washing and drying to the desired moisture 
content without delay and maintain the highest possi ble value of the coffee.  
5. The, licensee shall, if it has not done so, buy computers, digitize its coffee weighing 
scales and post the information of quantity and quality to a central database made 
accessible to the grower.  
6. In parchment handling, the license e shall do quality analysis of the dry parchment 
prior to storage and will mix only parchment that is of similar quality.  
7. The licensee shall digitize stock cards.  
8. The licensee shall insure the coffee against loss and damage while at the station and 
in tran sit. 
9. The licensee shall reinforce the security of the station to guard against theft of coffee 
by its servants or other persons and where security of the parchment cannot 
reasonably be guaranteed, it shall transport the same to a safer location.  
10. Before mov ing the coffee, the licensee shall apply for a movement permit for the 
coffee from the relevant authority and install a tracking device for the vehicle 
ferrying the coffee.  
11. The licensee shall have the permits for the movement of coffee duly endorsed by the  
miller to acknowledge receipt of the parchment clearly indicating quantity and 
quality and shall file proper returns for the same which shall periodically be availed 
to auditors for verification.  
12.  In cases where the licensee is a co -operative society,  it s executive officials shall not 
borrow funds on behalf of the grower, but if expressly approved and passed at the  Kenya Subsidiary Legislation, 201 6  
 2278  
Annual General Meeting of the members of which the grower is one, borrowing may 
be done but only to cover the operational budget.  
13. The licensee  shall have    no authority to receive the grower’s money after sale of the 
coffee and payment shall be done directly to the grower from the Central Depository 
Unit or other agent appointed by the grower for that purpose, and the licensee shall 
receipt its  agreed fees from the same unit or agent.  
B. Milling Licence  
A  cooperative society or other entity  delivers parchment coffee or buni to a mill for 
further processing at a fee and grants the licensee  the authority to mill and deliver the 
coffee to a warehou se accredited by the Exchange and expressly stated in the contract to 
be the warehouse for the grower’s coffee:   
1. There shall be a service contract between the parties, a copy of which shall be 
forwarded to the Authority.  
2. The cost of the service shall be a greed in terms of Kenya Shillings for every 
kilogram of processed parchment or buni at the beginning of each year and the same 
shall be paid by the grower upon sale of the coffee.  
3. The licensee shall publish the tariffs that are approved by the Authority an d shall not 
charge the grower more that the approved amounts.  
4. The licensee shall be accountable to the grower for the coffee received and shall 
acknowledge receipt of the same from the grower or his authorized agent by 
endorsing the movement permit, confir ming whether the volume, the grading and the 
owner of the coffee is as indicated in the permit and by issuing an identifying outturn 
number for the coffee so delivered.  
5. The miller shall issue a goods received note (GRN) to the grower or his authorized 
agen t and transmit data of the same to a central database operated and maintained by 
the licensee.  
6. The licensee shall take the agreed sample of the parchment and distribute it between 
the grower and the regulator and retain a portion thereof.  
7. The licensee shal l, if it has not done so, digitize its weighing scales and its grading 
equipment to ensure precision and protect against loss of coffee volume.  
8. In the event of bulking, the licensee shall indicate the minimum millable lot in the 
contract, inform the grower  and receive the grower’s consent to bulk his coffee with 
the coffee of others, file a log and share with the owners of the coffees being bulked, 
stating their names, volume, and quantities of the batches being bulked and provide 
each person in the bulk a copy of the sales receipt indicating the distribution of the 
value of the same upon sale.  
9. The licensee shall provide  a statement on milling losses and sweepings , stating the 
range of expected milling loss for every parchment type and buni as approved by the 
Authority,, provide a target milling loss per delivery on analysis of the sample and 
grant the grower the right of advance adequate notification of the time and date of 
the milling of the grower’s coffee to enable the grower to be present at  the milli ng.  
10. The licensee shall submit monthly milling returns to the Authority.  
11. The licensee shall insure the coffee against loss and damage during milling and 
storage including insurance against theft by servant and shall install CCTV and Kenya Subsidiary Legislation, 201 6 
 2279  
retain the CCTV files f or the entire season and adhere to the security guidelines that 
may be set by the Authority.  
12. The licensee shall not in any event lend money or make any advances or any other 
support to the grower.  
13. The licensee’s liquorers shall take out and maintain profes sional indemnity insurance 
covers.  
14. The licensee shall file copies of the movement permit returns duly endorsed by the 
accredited warehouseman, upon delivery of the milled coffee to the warehouse.  
15. The licensee shall provide copies of warehouse receipts to t he grower and ensure that 
auditors have verified that movement permits were endorsed by the licensed 
warehouseman.  
16. The licensee shall in consultation with the Exchange prepare a catalogue for the 
coffee to be offered for sale at the Exchange.  
C. A Warehousema n’s Licence  
A grower or his authorized representative deposits the coffee in a licensed or 
accredited warehouse and the warehouseman takes custody of the coffee:  
1. There shall be  a service contract between the licensee and the owner of the coffee 
deposited in the warehouse in the custody of the licensee.  
2. The cost of the service shall be agreed in terms Kenya Shillings per kilogram of the 
coffee stored at the warehouse at the beginning of each year and the same shall be 
paid by the grower upon sale of the cof fee. 
3. The licensee shall upon delivery of the coffee be accountable to the grower for the 
coffee received and shall acknowledge receipt of the same from the grower or his 
authorized representative by endorsing the movement permit, confirming whether 
the vol ume, the grading and the owner of the coffee are  as indicated in the permit 
and by confirming the outturn number for the coffee so delivered.  
4. The licensee shall issue warehouse receipt for the coffee so received in the name of 
the grower or his authorize d representative.  
5. The licensee shall issue a goods received note (GRN) and transmit data of the same 
to a central database operated and maintained by the Authority.  
6. The licensee shall publish tariffs that will be approved by the Exchange operator and 
filed  with the Authority.  
The licensee shall take a sample of the grower’s coffee for grading and distribution 
between the warehouseman, the Authority, the exchange and the grower.  
7. The licensee shall not allow the grower’s coffee to be sold without the knowled ge 
and consent of the grower and will not allow the grower’s representatives to borrow 
funds against the growers’ coffee.  
8. The licensee shall, if it has not done so, digitize its weighing scales and its grading 
equipment, and it shall weigh and count all th e bags of coffee delivered to ensure 
precision and protect against loss of coffee volume.  
9. The licensee shall not allow sweepings beyond the maximum stipulated by the 
Authority, and the warehouseman shall ensure that the value of any sweepings from  Kenya Subsidiary Legislation, 201 6  
 2280  
the ware house is divided on pro rata  basis between the growers whose coffee is at 
the warehouse at the material time.  
10. The licensee shall not bulk  coffee without informing the respective owners 
accordingly.  
11. The licensee shall insure the coffee against loss and dam age while in the warehouse 
storage including insurance against theft by servant, install CCTV, keep the CCTV 
files for the entire season and adhere to the security guidelines that may be set by the 
Authority.  Kenya Subsidiary Legislation, 201 6 
 2281  
FOURTH SCHEDULE   - A 
Kenya Standards  
STANDARD  COFFEE GRADES   (R.18(6))  
Grade  General Description  Screen number on which beans are 
retained. (Size as per KSOS -174 or 
150415 -1980)  
E Elephant – two beans joined together, 
a genetic defect and includes very 
large (bold) AA  Retained on 21 (size diamete r 8.3 
mm)  
PB Pea berries – one ovule develops in 
Coffee of the usual two  Through 17 retained on 12 (4.76 
mm)  
AA Flat beans  Through 21 retained on 18 (7.2 
mm)  
AB Flat beans  Through 18 retained on 16  (6.35 
mm)  
C Small flat  beans  Through 16 retai ned on 10 
(3.96mm)  
TT Light density beans, from AA, AB 
and E grades by air extraction   
T Smallest, consists of broken and 
small C  Through screen No. (2.9 mm)  
Where a coffee grade is specified a minimum 95% of beans shall fall in that grade 
category.  
FOURTH SCHEDUCE - B 
Specialty Coffee Grading Standards  
As issued by the Specialty Coffee Association of America (SCAA) or other such 
organization as per the protocol deposited with the authority.  
FOURTH SCHEDULE – C 
Certifications  
As issued by the certify ing organization as per the protocol deposited with the 
authority  
FIFTH SCHEDULE  
                                                     SALES CATALOGUE                                     (R.23(2)  
1. The sales catalogue shall be prepared by the Miller in con sultation with the growers 
and forwarded to the auctioneer at the Exchange.  
2. The details to be included in the sales catalogue shall include - 
(a) The name of the grower  
(b) The name of the Miller;   Kenya Subsidiary Legislation, 201 6  
 2282  
(c) Sale Number;  
(d) Day, date and time of the auction;  
(e) The place of th e auction shall be Nairobi Coffee Exchange, Nairobi;  
(f) Total number of bags of coffee to be offered for sale;  
(g) Name of the warehouse where the coffee is stored;  
(h) The prompt date being the date on or before which proceeds are payable to the 
central depository u nit of the Exchange;  
(i) Terms and conditions of sale  
(j) The date on which rent charges in respect of purchased coffee shall be due from 
the buyers to warehousemen at which the coffee is stored;  
(k) The net weights as per warehouse weights (and unless otherwise state d coffee 
shall be packed in bags of 60 kg net, tare weight 1.1 Kgs but bids shall be on the 
basis of 50 Kgs), the bags used shall conform to the international coffee 
packaging standards.  
(l) Lot numbers arranged serially per miller for all coffee offered for s ale; 
(m) The out -turn Number shown against each lot number and the registered 
distinguishing mark of the grower miller (whether Bulk, E/Bulk, P/Bulk, T/Bulk; 
Spillage, or sweepings) and out -turn Number arising from operations of 
grower/miller;  
(n) Grade of the cof fee (AA, AB, PB, E, C, T, TT, UG, HE, SB, ML or MH)  
(o) Number of bags in the lot ( a saleable lot shall not have be less than ten bags)  
(p) Net weight of coffee in kilograms respectively  
(q) Adequate space for inserting big prices by Traders.  
3. The sales catalogue s hall be prepared weekly or as frequently as the Authority may 
determine in consultation with marketing agents.  
4. The saleable lots in the special auction dedicated to local roasters may comprise less 
than ten bags.  
Dated the 14th June, 2016.  
WILLY BETT,  
Cabinet Secretary, Ministry of Agriculture and Livestock.  
 
 
 
 
 
 
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