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Fertilizersand Animal Foodstuffs Amendment Act No 20of 2015 - as Plain Text by MWakili

ISSUE SPECIAL Kenya Gazette Supplement No.

175 (Acts No.20) "".^$3S$Y.?ti-'{ REPUBLIC OF KEI{YA KENYA GAZETTE SUPPLEM ENT ACTS, 2015 NAIROBI, Lzth October, 2015 CONTENT Act- PAGE The Fertilizers and Animal Foodstuffs (Amendment) Act, 2015 .1627 tAtloilAL U0lllrCrr For LAW REpoRTtr{G REC EIVED ? 7 ocT ?015 F,P, Fgr 1s441'P$iti$ tiAtBpFt, FFI{YA TEL: 2z 1033t FAX: ?71?Agt PRINTED AND PIJBUSHED BY THE GOVERNMENT PRINTER, NAIROBI 1627 THE FERTILIZERS AND AI\IMAL FOODSTUFFS (AMENDMENT) ACT No.20 of2015 Date of Assent: 8th October, 2015 Date of Cotnrnencement: 26th October,2015 AN ACT of Parliament to amend the Fertilizers and Animal Foodstuffs Act ENACTED by the Parliament of Kenya, as follows- 1.

This Act may be cited as the Fertilizers and Animal Short tide.

Foodstuffs (Amendment) Act, 20t5.

2.

The Fertilizers and Animal Foodstuffs Act, in this Amcndnrent of section 2 ofCap Act referred to as the "principal Act", is amended in 345.

section 2by* (a) deleting the definition of the word "the Director"; and (b) inserting the following words in their proper alphabetical sequence - "Boaxd" means the Fertilizer and Animal Foodstuffs Board of Kenya established by section 2A; "Cabinet Secretary" means the Cabinet Secretary for the time being in-charge of matters relating to agriculture; 3.

The principal Act is amended by inserting the Inscnion of new roction 2A lnto Cap following new sections immediately after section 2- 145.

f:?$i't'"ntotmo 2A.

(l) There is established a body to be known as the Fertilizer and Animal Foodstuffs Board of Kenya.

(2) The Board shall be a body corporate with perpetual succession and a common seal and shall, in its corporate name, be capable of- (a) suing and being sued; (b) taking, purchasing or otherwise acquiring, holding, charging or disposing of movable and immovable propertli t628 Fertilizers and An*nal Foodsnffs (Amendment) No.20 (c) borrowing money or making investments; (d) charging fees for services by it and requesting for for such fees; and (e) doing or performing all other acts or things for the proper performance of its functions under this Act which may lawfully be done or performed by a body corporate.

functions of tre Bo6d.

to- 28.

The functions of the Board shall be (a) regulate the fertilizers and animal foodstuffs industry in Kenya including the production, manufacture, packaging, importation and marketing of fertilizers and animal foodstuffs; (b) regulate the importation of raw materials for the manufacture of animal foodstuffs; (c) promote the manufacture of fertilizers and animal foodstuffs ; (d) advise the national and county governments on- (i) the procurement, importation and efficient and timely distribution of subsidized fertilizers and animal (ii) foodstuffs; Establishment of retail outlets of fertilizers and animal foodstuffs in the (iii) counties; and development of policies related to the manufacture and distribution of fertilizer and animal foodstuffs; (e) inspect and test fertilizers and animal foodstuffs to ensure their qualify and safety; 1629 Fertilizers and Animal Foodsnffi (Arnendment) No.20 (f) license manufacturrs, distributors and retailers of fertilizers and animal foodstuffs on the recommendation of the Director of Agriculture and the Director of Veterinary Services; (g) promote, in collaboration wittt stakeholders in the agriculture indusfiy, research on fertilizer and animal foodstuffs; (h) ensure that fertilizers and animal food stuffs imported, manufactured or disftibuted in Kenya meet the standards of quality and safety as prescribed by law.

Membership of the 2C.

(l) The Board shall consist of the Board.

following persons appointed by the Cabinet Secretary- (a) the Chairperson competitively sourced and appointed by the Cabinet Secretary; (b) the Principal Secretary in the Ministry for the time being responsible for Agriculture or his designated alternate not being below the level of Deputy Secretary; (c) the Principal Secretary in the Ministry responsible for Livestock or a designated alternate not being below the level of Deputy Secretary; (d) the Principal Secretary in the Ministry for the time being responsible for finance (e) two persons of either gender representing prescribed farmers associations competitively nominated and one person of either gender from the Fertilizers No.l7 of2012 Association of Kenya; 1630 ( F Animal F Amendment ertilizer s snd o odstuffs ) 2015 No.20 (f) one person nominated by the Council of Governors; (g) the Director of Veterinary Services:; (h) one person representing research institutions in the agiiculture sector competitively sourced and appointed by the Cabinet Secretary; (i) the Chief Executive Officer who shall be an ex-officio member and Secretary to the Board.

(2) No person shall be appointed under subsection (1) (a) unless such person is a holder of a degree in a relevant discipline with not less than five years professional experience.

(3) The cabinet Secretary shall ensure that not more than one third of the prsons appointed under subsection (1), are of the same gender.

(4) A person appointed under subsection (1) shall hold office for a period of three years and may be reappointed for a further non-renewable term of three years.

(5) Subject to this Act, all acts and things done in the name of, or on behalf of, the Board, by the Board or with the authority of the Board shall be deemed to have been done by the Boarci.

Conduct of business and 2D.

(1) The conduct and regulation of affairs of the Board.

the business and affairs of the Board shall be as provided in the Schedule.

(2) Except as provided in the Schedule, the Board may regulate its own procedure.

Powers of the Board.

2E.

(1) The Board shall have all powers necessary for the proper performance of its functions under this Act.

(2) Without prejudice to the generality of the subsection (1), the Board shall have power to- 163 l 2015 Fertilizers and Animal Foodstuffs (Amendment) No.20 (a) control, supervise and administer the assets of the Board in such manner as best promotes the purpose for which the Board is established; (b) determine the provisions to be made for capital and recurrent expenditure and for the reserves of the Board; (c) receive any grants, gifts, donations or endowments and make legitimate disbursements there from; (d) open such banking accounts for the funds as the Board may deem necessary; (e) invest any funds of the Board not immediately required for its purposes in the manner provided in section 2P; (0 establish such directorates, departments an<i regional centres of the Board to deal with such specific matters as may be necessary; (g) undertake any activrty necessary for the fulfilment of any of the functions of the Board.

Remuneration of Board 2F.

The Board shall pay its members members.

such allowances as it may determine upon the advice of the body responsible for matters relating to remuneration.

Chief Executive Officer 2G.

(l) There shall be a Chief Executive Officer who shall be appointed by the Board and whose terms and conditions of service shall be determined by the Board in the instument of appointment or otherwise in writing from time to time upon the advice of the Salaries and Remuneration Commission.

(2) No person shall be appointed under this section unless such person has- (a) a university degree from a recognized university in a relevant discipline; 1632 No.20 Fertilizers and Animal Foodsruffs (Amendment) (b) at least five years' post qualification worklng experience.

(3) The Chief Executive Officer shall- (a) be the secretary to the Board; and (b) subject to the directions of the Board be responsible for the day to day management of the affairs and staff of the Board.

Staff of the Board.

2It.

The Board may appoint such officers and other staff a.s are necessary for the proper discharge of its functions under this Act, upon such terms and conditions of service as it may determine upon the advice of the Salaries and Remuneration Commission.

Delegation by the 2L T\e Board may, by resolution either Board.

generally or in any particular case, delegate to any committee or to any member, officer, employee or agent of the Board, the exercise of any of the powers or the performance of any of the functions or duties of the Board under this Act or under any other written law.

Protetion frcm N.

(1) No act or omission by any personal liability.

member of the Board or by any officer, employee, agent or servant of the Board shall, if the act or omission was done bona- fide for the purposes of executing a function, power or duty under the Act render such member, officer, employee, agent or servant personally liable to any, action, claim or demand whatsoever.

(2) The provisions of subsection (1) shall not relieve the Board of the liability to pay compensation to any person for any injury to him, his property or to any of his interests caused by the exercise of any power conferred by this Act or by failure, whether wholly or partially, of any works.

Common seal.

2K.

(1) The common seal of the Board shall be kept in such custody as the Board may direct and shall not be used except on the order of the Board.

1633 2015 Fertilizers and Animal Foodstuffs (Amendment) No.20 (2) The affixing of the common seal of the Board shall be authenticated by the signature of the Chairperson and the Chief Executive Officer and any document not required by law to be made under seal and all decisions of the Board may be authenticated by the signatures of both the Chairperson and the Chief Executive Officer.

(3) Notwithstanding the provisions of subsection (2) the Board shall, in the absence of either the Chairperson or the Chief Executive Officer in a particular matter, nominate one member to authenticate the seal on behalf of either the Chairperson or the Chief Executive Officer.

(4) The cofllmon seal of the Board when affixed to a document and duly authenticated shall be judicially and officially noticed and unless and until the conffary is proved, any necessary order or authorization by the Board under this section shall be presumed to have been duly given.

FundsortheBoard' 2L.

(1) The funds of the Board shall comprise of- (a) such sums as may be appropriated by Parliament for that purpose; (b) grants, gifts or donations that the Board may receive as a result of public and private appeal from local and; international donors or agencies for the purposes of carrying out its functions.

(c) such fees, monies or assets as may accrue to or vest in the Board in the course of the exercise of its powers or the performance of its functions under this Act or under any written law; and (d) all monies from any other lawful source provided for or donated or lent to the Board.

1634 Fertilizers and Animal Foodstuffs (Amendment) 2015 No.20 (2) The funds of the Board and its balances at the close of each financial year shall not be paid into the Consolidated Fund, but shall be retained for the purposes for which the Board is established.

Financial year.

2M.

The financial year of the Board shall be the period of trvelve months ending on the thirtieth June in each year.

Annual rcport.

2N.

(1) The Chief Executive officer shall cause to be prepared an annual report setting out the activities of the Board.

(2) The Chief Executive Officer shall submit the report referred to in subsection (1) to the Cabinet Secretary not later than two months after the end of the financial year.

(3) The Cabinet Secretary shall tansmit copies of the report to the Senate and the National Assembly within three months after receipt of the report, Annual estimates.

20.

(1) At least three months before the commencement of each financial year, the Board shall cause to be prepared estimates of the revenue and expenditure of the Board for that year.

(2) The annual estimates shall make provision for all estimated expenditure of the Board for the financial year and in particular, the estimates shall provide for- (a) the payment of the allowances and other charges in respect of members of the Board; (b) the payment of salaries, allowances, pensions, gratuities and other charges in respect of staff of the Board; (c) the proper maintenance of the buildings and grounds of the Board; (d) the maintenance, repair and replacement of the equipment and other property of the Board; and 1635 Fertilizers and,Anirnal Foodstufls (Amendment) No.

20 (e) the creation of such reserve funds to meet future or contingent liabilities in respect of retirement benefits, insurance or replacement of buildings or equipment, or in respect of such other matter as the Board may deem appropriate.

(3) The annual estimates shall be approved by the Board before the commencement of the financial year to which they relate and shall be submitted to ttre Cabinet Secretary for approval and after the Cabinet Secretary's approval, the Board shall not increase the annual estimates without the consent of the Cabinet Secretary.

Accounts and audit- 2P.

(l) The Board shall cause to be kept all proper books and records of accounts of the income, expenditure and assets of the Board.

(2) Within a period of four months from the end of each financial year, the Board shall submit to the Auditor-General or to an auditor appointed under this section, the accounts of the Board together with- (a) a statement of the income and expenditure of the Board during that year; and (b) a balance sheet of the Board on the last day of that year.

(3) The accounts of the Board shall be No.l2 of 2003 audited and reported upon in accordance with the Public Audit Act, 2003.

Investment of funds.

2PQ.

The Board may invest any of the funds of the Board in securities, in which for the time being ffustees may by law invest ffust funds, or in any other securities or banks which the Treasury may, from time to time, approve for that purpose.

4.

Section 4 of the principal Act is amended by Amendment of deleting the words "Director a certificate signed in the section 4 ofCap 1636 Fertilizers and Animal Foodstuffs (Amendment) 2015 No.20 country of origin by a person designated by the Minister" 345 and substituting therefor the words "Board a certificate signed in the country of origin by a person designated by the Cabinet Secretary".

5.

Section 5 of the principal Act is amended- Amendment of section 5 ofCap (a) in subsection (2) by deleting the word " Director" 345.

and substituting therefor the word "Board"; (b) in subsection (4) by deleting the word "Director" and substituting therefor the word "Board".

6.

Section 6 of the principal Act is amended- Amndment of section 6 ofCap (a) by deleting the word " Director" wherever it 345.

occurs in the section and substituting therefor the word "Board"; (b) by deleting the word "Minister" wherever it occurs in the section and substituting therefor the word "Cabinet Secretaryl'.

7.

Section 8 of the principal Act is amended by Amendment of section 8 ofCap deleting the word "Minister" and substituting therefor the 345.

words "Cabinet Secretary on the recommendation of the Board".

E.

Section 9 of the principal Act is amended by Amendment of section 9 ofCap inserting the following new subsection immediately after 345.

subsection (5)- (6) The right to privacy under Article 31 of the Constitution and the right to property under Article 40 of the Constitution shall be limited as specified under this section for the purposes of facilitating the safety of the public and the ensuring compliance with the provisions of this Act relating to importation, storage, distribution, sale or possession of fertilizers.

9.

Section 10 of the principal Act is amended by Amcndment of .occurs section 10 ofCap deleting the word "Minister" where it.

and 345.

substituting therefor the word "Cabinet Secretary".

10.

Section 16 of the principal Act is amended by Amendment of section 16 ofCap deleting the words "one thousand shillings or to 345.

imprisonment for a term not exceeding one month, and for a second or subsequent offence to a fine not exceeding three thousand shillings" and substituting therefor the words "five hundred thousand shillings or to imprisonment 1637 20ts Fertilizers qnd Anin al Foodstuffs (Amendment) No.20 for a term not exceeding one month, and for a second or subsequent offence to a fine not exceeding one million shillings".

11.

The principal Act is amended in section 18 by - Amendment of wtion l8 of Cap (a) renumbering the existing provision as 34s.

subsection (1); (b) deleting the word "Minister" and substituting therefor the words "Cabinet Secretary on recommendation of the Board"; and (c) inserting the following new subsection immediately after the new subsection (1) - (2) The Cabinet Secretary for the time being in charge of the National Treasury shall implement tax policies and where appropriate price policies on imported fertilizers so at to promote local industries.

12.

The principal Act is amended in section 19 by H;:lt"|ii", deleting- 345.

(a) the word "Minister" appearing in subsection (1) and substituting therefor the words "Cabinet Secretary on recommendation of the Board"; and (b) the words o'three thousand shillings" appearing in subsection (2) and substituting therefor the words "one million shillings" and further by deleting the word " three" and substituting therefor the word "six".

13.

The principal Act is amended by deleting section fftf"s;iff'*.

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