Affirmative Repositioning leader and member of parliament Job Amupanda has given acting agriculture minister Charles Mubita seven days to explain why the government imposed nationwide livestock movement restrictions. This follows the detection of foot-and-mouth disease (FMD) on a commercial farm in the ||Kharas region. Amupanda's lawyers, Kadhila Amoomo Legal Practitioners, have written to Mubita, warning that failure to provide a written response could result in further action.

Mubita announced the outbreak of FMD on Wednesday, prompting Amupanda to question the government's decision to impose restrictions across the country. The letter from Amupanda's lawyers acknowledges the seriousness of FMD and the government's responsibility to protect animal health. However, it argues that areas north of the veterinary cordon fence, commonly known as the redline, have not been affected by the outbreak.

Amupanda's lawyers question why communities, farmers, and livestock owners in the entire protection zone, hundreds of kilometres from the affected farm, must bear the full brunt of nationwide restrictions. They argue that it is not self-evident why the restrictions apply across the country when the disease was detected on one commercial farm at Karasburg. Amupanda wants Mubita to explain whether applying the same restrictions north and south of the redline makes the veterinary boundary irrelevant for the current outbreak.

Amupanda's lawyers have asked Mubita to identify the provisions of the Animal Health Act of 2011 and related regulations that allow the ministry to impose nationwide restrictions instead of limiting controls to the affected area. They also want to know whether a formal state of emergency or a similar declaration has been made. Additionally, they ask whether the government carried out a legal review, risk assessment, or proportionality analysis before imposing the restrictions.

Amupanda wants to know why the government has not considered declaring Karasburg and its surrounding areas a containment or infected zone. This approach could allow livestock movement and marketing to continue in unaffected areas under controlled conditions. He also wants clarity on whether the restrictions apply only to commercial activities or also cover animals moved or slaughtered for household consumption, funerals, weddings, and other traditional ceremonies.

Amupanda has also asked the ministry to disclose whether it has assessed the financial impact on farmers, communal livestock owners, butchers, abattoirs, transporters, and exporters. He wants to know whether compensation will be paid to the owner of the affected farm for the animals that may be destroyed or quarantined. Amupanda is seeking clarity on how long the nationwide restrictions are expected to remain in place and what conditions must be met before they are relaxed or lifted.

Amupanda wants the ministry to consider a zonal approach that would allow restrictions to be lifted in unaffected areas before they are lifted in the affected zone. The MP is demanding answers from Mubita within seven days, failing which he may take further action, including an urgent court application or raising the matter in parliament. The restrictions have caused concern among farmers, communal livestock owners, and other stakeholders who are awaiting clarity on the government's response to the FMD outbreak.

Key points

  • - MP Job Amupanda has given acting ag minister Charles Mubita seven days to explain nationwide livestock restrictions - Restrictions were imposed after FMD was detected on a commercial farm in the ||Kharas region - Amupanda questions the need for nationwide restrictions when the disease is limited to one area

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SaharaWire Newsroom
SaharaWire

Reporting for SaharaWire from the Nairobi bureau.