When the Coffee Act (No. 8 of 2026) came into force on 27 March 2026, it moved coffee licensing and dealer registration from the Agriculture and Food Authority (AFA) to a revived Coffee Board of Kenya. Applicants who already held an AFA licence are protected by the Act’s transitional provisions. Applicants whose files were still sitting with AFA’s Coffee Directorate on that date are in a less certain position, because the Act does not deal with pending applications in express terms. This article explains what the transitional provisions say, where the gap lies, and the practical steps an applicant caught in the changeover should take to protect its position.
What the transitional provisions cover
Part XII of the Coffee Act manages the handover from AFA to the Board. Four provisions matter to anyone who was dealing with AFA on coffee before 27 March 2026.
First, section 104 preserves existing authorisations. Directions, orders and authorisations given, licences or permits issued, and registrations made by AFA in relation to coffee, which were subsisting or valid immediately before the Act came into force, are deemed to have been given, issued or made under the new Act. A buyer, warehouse operator or miller who already held a valid AFA licence therefore did not need to reapply on commencement. That licence runs on its existing terms until it falls due for renewal.
Second, section 100(1) transfers to the Board all rights, obligations and contracts that were vested in or imposed on AFA with respect to the coffee sector immediately before commencement. Third, section 103 provides that any reference to AFA in a written law, contract, document or instrument relating to coffee is to be read as a reference to the Board. Fourth, section 102 provides that legal proceedings pending by or against AFA in relation to the coffee sector continue by or against the Board and do not abate.
The gap: applications lodged but not decided
Section 104 protects what AFA had already granted. It says nothing about an application that AFA had received but not yet decided. An application is not a licence, a permit, a registration or an authorisation, so it does not fall neatly within the words of section 104.
The strongest argument for an applicant in this position is section 100(1). An application that had been lodged and paid for arguably created an obligation on AFA to consider and decide it, and section 100(1) transfers AFA’s coffee sector obligations to the Board. Section 103 supports this reading, because an application form or a fee receipt addressed to AFA is a document relating to coffee, and the reference to AFA in it is now to be read as a reference to the Board. On that analysis, the Board inherits the duty to determine the application.
The counter-argument is that the Act now sets out its own licensing procedure. Under section 28(1), a person who intends to perform a licensed function must submit to the relevant licensing authority an application in the prescribed form, with the prescribed information and fees. The Board could take the position that an application made under the Crops Act, 2013 and the Crops (Coffee) (General) Regulations, 2019 is not an application under section 28, and ask the applicant to file again. The Act does not answer the point either way, and we have not found any published guidance from the Board resolving it.
Why the answer matters
If a pending application carries over, the applicant keeps its place and its fee, and the Board must decide within the period set by its licensing legislation, which under section 28(2) may not exceed fourteen days. If it does not carry over, the applicant may need to file a fresh application, pay again and restart the clock.
Timing also matters because of the licensing calendar. Under section 35, licences expire on 30 June each year and renewal applications are due by 1 June, with late applications permitted on payment of a late fee. An applicant waiting on an unanswered AFA file can lose most of a licensing year. In the meantime it cannot trade. Operating as a coffee buyer, importer, agent, warehouse operator, cupping laboratory or liqueur without a licence, registration certificate or permit from the Board is an offence carrying a fine of up to KES 5 million, imprisonment of up to three years, or both (section 30). Under section 97(2), directors and officers of a company that commits an offence under the Act can be held personally liable unless they show they exercised due diligence to prevent it.
Practical steps for an applicant caught in the changeover
In our view the safest course is to treat the pending file as live while preparing for the possibility that it is not.
Assemble the record. Gather the application as submitted, proof of the submission date, fee receipts, any acknowledgement or reference number, inspection reports and all correspondence with the Coffee Directorate.
Write to the Board. Ask the Board, in writing, to confirm that it has received the file from AFA, that it treats the application as pending before it, and when a decision will be made. Refer to sections 100(1), 103 and 104 so the request is anchored in the Act. It also fixes a date from which delay can be measured.
Check the current forms and fees. The Cabinet Secretary may make regulations under section 99, including on application forms and fees. Before relying on an old AFA form, confirm with the Board which form and fee it currently requires. If the Board asks for a fresh application, ask in writing whether the original fee will be credited.
Use the dispute route if needed. If the Board refuses to issue a licence, section 38 allows the applicant to apply to the Dispute Resolution Committee established under section 92. Each licensing authority has its own ad hoc committee, which must decide within thirty days of hearing the dispute, and a party dissatisfied with its decision may appeal to the High Court. Whether prolonged silence on an inherited file amounts to a decision that can be challenged this way is a separate question, and an applicant facing long delay should take advice on the right route before acting.
How We Can Help
Clay & Associates Advocates acts for coffee buyers, warehouse operators, millers and exporters on licensing before the Coffee Board of Kenya, including applications caught in the transition from AFA. For a fuller picture of the sector, see our legal guide to coffee processing and export in Kenya and our guide to getting a coffee buyer’s licence to export Kenyan coffee. Contact our Regulatory & Compliance team to review a pending file and plan the next step.
Sources: Coffee Act (No. 8 of 2026), Kenya Law, sections 2, 28, 30, 35, 38, 92, 97, 99, 100, 102, 103 and 104.
Frequently asked questions
Do I need to reapply if I already held an AFA coffee licence?
No. Under section 104 of the Coffee Act, licences and permits issued by AFA in relation to coffee that were valid immediately before 27 March 2026 are deemed to have been issued under the new Act. You must still renew on time under section 35.
What happens to an application AFA had not decided by 27 March 2026?
The Act does not say expressly. There is a good argument under sections 100(1) and 103 that the Board inherited AFA’s obligation to decide it, but the Board could ask for a fresh application under section 28. Write to the Board to confirm its position before taking any other step.
How quickly must the Board decide a coffee licence application?
Section 28(2) requires a licensing authority to consider an application within the period set by its licensing legislation, which may not exceed fourteen days. It must give reasons if it refuses.
Can I start buying coffee while my application is pending?
No. Operating as a coffee buyer without a Board licence is an offence under section 30, punishable by a fine of up to KES 5 million, up to three years’ imprisonment, or both.
Need advice on your own matter?
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This article is general information on Kenyan law as at its publication date, not legal advice. Reading it does not create an advocate and client relationship.
