By MaryAnne Musilo

Farmers lured by strong demand and super-high prices are exporting illegally by courier, risking five years in jail, to avoid regulations they view as too onerous. But they are missing out on much bigger opportunities by ducking the red tape, claim existing exporters.

Speaking to Farmbiz Africa, Kelvin (not his real name) admitted he has been exporting his produce through courier companies as a way of bypassing the paperwork.

 “Getting certification and licenses is difficult and expensive, but exporting through courier companies is cheap. The buyer pays for transport. Mine is just to pack and take the produce to the courier service,” he said. 

His approach, shared quietly by many farmers, reflects the belief that informal channels are faster, easier and more profitable. But under Kenyan law, these shortcuts carry serious risks.

Kenya law clearly states that exporting farm produce commercially through any channel, including courier services, is illegal without the required licenses and certifications. Only small non-commercial gift parcels under three kilograms are exempt.

The Crops Act, 2013 treats dealing in scheduled crops without proper licensing as a major offence, with penalties that include blacklisting from export markets, loss of privileges, fines of up to Sh5m, or Sh10m for some fibre crops, and imprisonment for up to five years. 

To export legally, a farmer must register a business, obtain an export license from AFA, secure a phytosanitary certificate from KEPHIS confirming the produce is pest- and disease-free, register with KRA for an export code, meet KEBS requirements and prepare documents such as a commercial invoice, packing list and certificate of origin. 

Registration with KEPHIS requires a one-time fee of around Sh20,000, while the first-time AFA export license costs approximately Sh15,000.

All these processes can be completed through the InfoTrade Kenya portal.

But it takes resilience, said Kirinyaga herb farmer Mordechai Nyongesa.

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After securing all his export licenses, Mordechai began shipping out basil, mint, rosemary, oregano and chives at Sh450 to Sh700 per kilo, earning five times more than he was before. Yet he still skidded on one routine airport inspection. 

“As I was exporting my herbs, KEPHIS were doing random checkups at the airport and found that there was an exceeding chemical content by 0.001 milligram and I was denied export for a period of two weeks,” he said. 

The suspension was short, but is a level of regulation that drives farmers’ fears over formal trading, with those who follow the legal process sometimes facing severe setbacks.

At the same time: the international demand for specialty crops such as vanilla, hibiscus, fruits, spices and herbs has become far easier to meet, thanks to the internet, and couriers are often unable to know if illegal exports are sales or gifts.

Farmers like Mordechai, however, argue that the opportunities are far greater when trading legally and farmers can earn far more that way. “Many farmers fear the process, but it is simple if the steps are followed,” he said.