Nairobi Senator Edwin Sifuna has raised concerns over the mediation process for the Food and Feed Safety Control Coordination Bill (National Assembly Bill No. 21 of 2023) during a Senate sitting on Tuesday, June 9, 2026.

The Bill, which seeks to establish a coordinated framework for food and feed safety in Kenya, is currently before Parliament following the mediation committee’s report recommending adoption of a reconciled version.

The legislation proposes the creation of a unified Office of the Food Safety Controller and identifies competent authorities responsible for regulating food and animal feed production, processing, and distribution.

“But I am feeling that we as a Senate should also sometimes put our foot down because there was proper thinking that went into that amendment to involve the county governments and the departments in the control of food safety.”

“If you look at the licensing regime, just to open that kiosk that somebody says they go to eat madondo and chapati, it requires licensing by the county governments. When there is an outbreak of disease here, it is expected that our county governments are the ones to coordinate efforts to ensure that people receive treatment,” he noted.

Background and points of disagreement

The Bill, sponsored by National Assembly Majority Leader Kimani Ichung’wah, was passed by the National Assembly in August 2023 and by the Senate in March 2024 with amendments.

Differences emerged over Senate proposals to include county government departments in agriculture and health as competent authorities under the First Schedule. The matter was referred to mediation under Article 113 of the Constitution.

The Mediation Committee, co-chaired by Sabina Wanjiru Chege and David Wafula Wakoli, held one sitting and rejected the Senate’s proposal, stating that Section 16 of the Bill already provides sufficient functions for county governments.

The committee further noted that inclusion of county departments as competent authorities would create structural inconsistencies and affect international recognition.

Sifuna raises concerns over process and devolution

Senator Sifuna questioned the mediation process, stating that it was concluded in a single sitting and did not adequately incorporate input from county governments.

He raised concerns over whether sufficient consultation and public participation were conducted, given the Bill’s implications for food security and public health.

Sifuna argued that the exclusion of county governments from the list of competent authorities could weaken implementation at the grassroots level, where food production and distribution are primarily managed.

Legislative implications and related proceedings

The mediation committee recommended adoption of the Bill in its original form, listing national institutions such as the Ministry of Health, Ministry of Agriculture, and the Kenya Bureau of Standards as competent authorities.

The Senate is expected to debate and vote on the mediation report. The development comes as Sifuna also faces internal party proceedings within ODM, where the Political Parties Disputes Tribunal recently dismissed his urgent application seeking to halt disciplinary processes and cross-examine a party affiant.

The tribunal directed that internal dispute resolution mechanisms be exhausted before further legal action. The outcome of the Bill is expected to shape coordination between national and county governments in food safety regulation.