Since some Kenya's partners are not parties to the potential agreement unless they meet potential conditions (which are unknown), that means, the FTA will benefit Kenya more than the rest of the partners like the EAC. That will be contrary to MFN and NT principles under the WTO and the EAC and other trading blocs.

I am aware that, most African countries depend on Agriculture as their backbone of their economy(Tanzania is one of them), if they were exporting to Kenya Agricultural products, it is obvious that Kenya will change her usual trend of trade with her natural trading partners the moment she signs the FTA with the US. That means, for them to benefit, they will be required to meet the conditions under the FTA if not acceeding to it.

My opinion: Kenya had to influence members from the other blocs to negotiate the Agreement with the US (as a bloc), so that whatever comes out of the Agreeement, benefits all parties but also negotiating as a bloc is more meaningful than unilaterally.

Much as, Kenye requests for capacitation from the US (as per, her proposal), such capacitation is necessary and should be done before even signing the Agreement.

That being said, I see the great potentials in that.

I agree with most of your contributions. In fact Kenya longs to observe all agreements under the trade blocs she is a party. She expresses her intention to extend the benefits she gets from AGOA in case it ends in 2025. Briefly her offer for negotiation with the US is guided by the following principles:

• The FTA will be WTO compatible and will allow for application of the ‘Special and Differential Treatment’
• The FTA will be an instrument for economic and trade development.
• The FTA negotiations shall respect the commitments that Kenya has taken at Multilateral (WTO), Continental (AfCFTA), Regional (EAC, COMESA, TFTA) and Bilateral level
• The FTA will preserve and build on AGOA acquis
• The Negotiations shall cover substantially all trade
• Any EAC Partner State that did not participate in these negotiations at the outset should be allowed to join the negotiations, subject to terms and conditions already agreed or accede to the concluded FTA

About negotiations on SPS, shall be based on the existing Cooperation Agreement between the USA and EAC while negotiations on Customs shall be based on the existing Trade Facilitation Cooperation Agreement between the USA and EAC and WTO Customs Valuation

About Rules of Origin, Kenya aspires the US-Kenya Agreement to develop simple and easy to implement rules of origin which ensure that the benefits of the Agreement go to products genuinely made in Kenya building on AGOA Rules of Origin, that which encourages regional value chain by allowing cummulation across the existing regional blocs, etc.

Now, the proposal by the US for negotiations with Kenya are in a nut shell as follows:

• On the Rules of rigin: the US proposals in great extent are similar to what has been proposed by Kenya. These are:
• The aim is to develop rules of origin that ensure that the benefits of the Agreement go to products genuinely made in the United States and Kenya
• Ensure that the rules of origin incentivize production in the territory of the Parties;
• Establish origin procedures that streamline the certification and verification of rules of origin and that promote strong enforcement, including with respect to textiles;
• Promote origin procedures that ensure that goods that meet the rules of origin receive the Agreement’s benefits.
• On Investment: - Kenya has to secure for U.S. investors in Kenya important rights consistent with U.S. legal principles and practice, while ensuring that Kenyan investors in the United States are not accorded greater substantive rights than domestic investors. - Establish rules that reduce or eliminate barriers to U.S. investment in all sectors in Kenya. (How do Kenyans comply with the US laws?)
• Kenya shall have provisions governing intellectual property rights that reflect a standard of protection similar to that found in U.S. law, including, but not limited to, protections related to trademarks, patents, copyright and related rights (including, as appropriate, exceptions and limitations), undisclosed test or other data, and trade secrets;
• The US requires Kenya to have laws governing acceptable conditions of work with respect to minimum wages, hours of work, and occupational safety and health.
• Kenya must establish rules that will ensure that Kenya does not waive or derogate from labor laws implementing internationally recognized core labor standards in a manner affecting trade or investment between the Parties.
• Kenya must establish rules that will ensure that Kenya does not fail to effectively enforce labor laws implementing internationally recognized core labor standards and acceptable conditions of work with respect to minimum wages, hours of work, and occupational safety and health laws through a sustained or recurring course of action or inaction in a manner affecting trade or investment between the Parties.
• Kenya must prohibit the importation of goods produced by forced labor, regardless of the source country, etc

NB; What has been bolded in the text, exposes my doubt on implementation especially when I think of the level of development between Kenya and the US in terms of the size of economy (GDP, GDP per Capita), technology, e.t.c for the two countries to be put on the same ground field to fight.

The implication of the potential US-Kenya FTA’s RoO on EAC cross-border market is that, if the proposal by Kenya succeeds in negotiation with the US, then market will not be negatively impacted due to remaining intact of principles of the EAC and WTO Agreements. However, the vice-versa is true.

Take note as well that, there is a pending case in the East African Court of Justice, against the EAC and Kenya, alleging the latter to have violated the EAC Treaty challenging the potential FTA, probably in fear of the conditions by the US against other EAC Member states.

In my opinion,  i do agree with previous writers on the advantages and disadvantages of Biotechnology, 

Food security: GMO/Biotech. is the future or the solution to Africa's food insecurity. This is so because our traditional varieties cannot cater for our growing population as the modification of our traditional seeds has long been in existence. countries that use Biotech/GMO are bigger traders (exporters ) along the value chain ,compared to those that do not use GMOs.  if we are to move from subsistent farming into farming for business, then biotech/GMO is an option, Africa can  then compete better and solve the issue of supply side constrain.

But Kenya need to be fully prepared with infrastructure, technology  and the capacity to manage both Biotech and maintain  traditional  variety, and the effect it has on other EAC member to reap the benefit of biotech along the value chains. Kenya  should also have the  ability to diversify  so the benefit will not only be limited to Agriculture  only.  Especially so that Agriculture caters for a huge portion of Kenya trade with US.

Agriculture is also part of Kenya major agenda for the country’s economic development growth. Through the new trade agreement, Kenya will look to attract huge US investment in Kenya’s agricultural sector including Kenya-based agritech startups. Furthermore, US agricultural companies are poised to increase various investments in Kenyan agriculture. The free trade agreement would see the US bringing its agriculture technology to the country. He told the media. There’s a huge potential here for American companies to have a big impact and big inputs into the agricultural sector throughout the Kenyan market. 

On the other hand, the African Continental Free Trade Area (AfCFTA) agreement entered into force for 29 of those countries, which includes Kenya, in May 2019. On July 1, 2020, the AfCFTA it took full effect. The free trade agreement with the US is a violation of the agreement since it was agreed that no country should negotiate a bilateral free-trade agreement with a third party once the continental bloc comes into force. Also, with the announcement of the US-Kenya free trade agreement, AfCFTA members are concerned that the US attempt to use Kenya as a “model” will not reflect the needs of other members and could upset regional integration, intra-Africa trade and also peace and unity in the region hence jeopardize the AfCFTA.