SUPPLEMENT NO 44 - as Plain Text by MWakili

281 THE TEA (AMENDMENT) (NO.

2) BILL, 2010 A Bill for AN ACT of Parliament to amend the Tea Act in order to enhance regulation of tea trade, review the composition, powers, functions and financing of the Tea Board of Kenya and for connected purposes ENACTED by the Parliament of Kenya, as follows 1.

This Act may be cited as the Tea (Amendment) (No.

2) Short title.

Act, 2010.

2.

The long title to the Tea Act (in this Act referred to as Amendment of the the principal Act) is amended by deleting the words export long title to Cap.

343.

of and substituting therefor the words trade in.

3.

Section 2 of the principal Act is amended Amendment of section 2 of (a) by inserting the following new definitions in proper Cap.

343.

alphabetical sequence Agriculture Secretary means the Agriculture Secretary in the Ministry for the time being responsible for agriculture and includes any person authorized to carry out the duties of the Agriculture Secretary under this Act; www.kenyalaw.org auction organizer means a person, a company or a firm established for the purposes of organizing tea auctions in the Kenya; blending means the process of mixing teas of different grades to affect the flavour and characteristics of the tea for the purposes of packing and for sale; certificate of origin means a document issued in a customs territory by a competent authority confirming the origin of a tea product; co-operative society means a co-operative society registered under the Co-operative Societies Act; customs territory means the geographical area of the Cap.490.

Republic of Kenya or of any other country in relation to which the expression is used; export means to take tea out of Kenya to any place outside Kenya; exporter means a person, a firm, or a corporate body engaged in the business of exporting tea; 282 The Tea (Amendment) (No.

2) Bill, 2010 import means to bring tea into Kenya from any place outside Kenya; importer means a person, a firm, or a corporate body engaged in the business of importing tea; person dealing in tea includes a management agent, a broker, a buyer, an exporter, a packer, a blender, a warehouseman, an auction organizer or an importer; planting licence means a planting licence issued under section 8; transit tea means a consignment of tea transiting through Kenyas customs territory, which is destined for another customs territory; warehouseman means a company registered in Kenya which is in the business of storing tea intended for sale from a producer, a buyer, or a packer; (b) by deleting the definitions of the words buyer and producer and substituting therefor the following new definitions- buyer means a person, a company or a firm engaged in acquiring manufactured tea for re-sale in the local or export market, including the export of imported tea; producer means a processor of tea and includes a smallholder or a plantation tea producer or their representatives; www.kenyalaw.org (c) by deleting the definition of the word Director.

4.

Section 3 of the principal Act is amended Amendment of section 3 of (a) in subsection (1), by deleting paragraphs (a) to (f) and Cap.

343.

substituting therefor the following new paragraphs (a) a chairman, who shall be elected by the members of the Board from amongst the members referred to in paragraph (e) (i), (ii), (iii) or (iv); (b) the Permanent Secretary in the Ministry responsible for agriculture or a representative nominated by the Permanent Secretary in writing; (c) the Permanent Secretary to the Treasury or a representative nominated by the Permanent Secretary in writing; (d) the Permanent Secretary in the Ministry responsible for trade or a representative nominated by the Permanent Secretary in writing; (e) seven members appointed by the Minister as follows The Tea (Amendment) (No.

2) Bill, 2010 283 (i) two persons nominated by factory organizations to represent smallholder tea producers; (ii) one person nominated by plantation tea producer organizations to represent plantation tea producers; (iii) one person nominated by registered auction organizers to represent the interest of tea traders; (iv) one person nominated by registered tea packers organizations to represent the interest of tea packers; (v) two persons nominated by the Minister who possess such knowledge and experience as the Minister considers beneficial to the Board; (f) the Managing Director who shall be an ex officio member of the Board.

(b) in subsection (4), by deleting the words deputy chairman annually and substituting therefor the words vice-chairperson.

5.

Section 3A of the principal Act is amended by inserting Amendment of the following new subsection immediately after subsection (5) section 3A of Cap.

343.

www.kenyalaw.org (6) Where a vacancy occurs in the office of a member appointed under section 3 (1) (e), the Minister shall appoint another person nominated in accordance with that section to fill the vacancy.

6.

Section 4 of the principal Act is amended in subsection Amendment of (2) section 4 of Cap.

343.

(a) by deleting paragraph (d) and substituting therefor the following new paragraph- (d) the taking of measures for the control of pests and diseases; (b) by deleting paragraph (e) and substituting therefor the following new paragraph (e) the regulation of all aspects of tea trade; (c) by inserting the following new paragraphs immediately after paragraph (f) (g) the registration of persons dealing in tea; (h) the promotion and monitoring of tea trade in Kenya; 284 The Tea (Amendment) (No.

2) Bill, 2010 (i) the issuing, refusal, revocation, cancellation, suspension or variation, with or without conditions, of any licences and registration certificates under this Act; and (j) the taking of measures to ensure compliance with this Act.

7.

Section 4A of the principal Act is amended Amendment of section 4A of (a) by deleting subsection (1) and substituting therefor the Cap.

343.

following new subsection (1) There shall be a Managing Director of the Board who shall be competitively recruited by the Board and appointed by the Minister.

(b) by inserting a new section immediately after subsection (1) as follows (1A) A person shall not qualify for appointment as the Managing Director unless such person (i) holds at least a first degree from any university recognised in Kenya; and (ii) has such relevant experience as may be determined by the Board.

(c) in subsection (2), by inserting the words to the Board www.kenyalaw.org immediately after the word responsible.

8.

Section 6 of the principal Act is amended in subsection Amendment of (4) by deleting the word eight and substituting therefor the section 6 of Cap.

343.

word seven.

9.

The principal Act is amended by repealing section 12A.

Repeal of section 12Aof Cap.

343.

10.

Section 13A of the principal Act is amended in Amendment of subsection (1) section 13A of Cap.

343.

(a) by inserting the following new subparagraph immediately after subparagraph (b) (i) (ii) is from a tea grower not registered with the factory or contracted to supply green leaf to it; (c) by deleting the words five hundred thousand and ten years and substituting therefor the words one million and two years respectively.

11.

Section 14A of the principal Act is amended in Amendment of subsection (1) by deleting the word Director and substituting section 14A of Cap.

343.

therefor the words Agriculture Secretary.

The Tea (Amendment) (No.

2) Bill, 2010 285 12.

The principal Act is amended by inserting the Insertion of new following new section immediately after section 17 section 17A in Cap.

343.

Registration of dealers.

17A.

(1) A person shall not deal in tea unless such person is registered by the Board.

(2) A person who deals in tea in contravention of subsection (1) shall be guilty of an offence and shall be liable to a fine not exceeding one million shillings, or imprisonment for a term not exceeding two years, or to both.

13.

The principal Act is amended by deleting section 18 Amendment of and substituting therefor the following new section section 18 of Cap.

343.

(1) The Minister may, from time to time, on the recommendation of the Board, by notice in the Gazette, impose an ad valorem levy on all made tea at the point of import or export.

(2) An ad valorem levy imposed through a notice under subsection (1) shall be collected by the Board at a rate not exceeding two percent of the gross sales and at such times (being not earlier than one month after the date of publication of the notice) and in such manner, as are specified in the notice, and www.kenyalaw.org shall be recoverable by the Board as a civil debt due to it from the person by whom it is payable.

(3) Out of the total ad valorem levy collected under subsection (2) (a) fifty percent shall be applied by the Board in the manner provided in section 19; and (b) fifty percent shall be remitted directly to the Tea Research Foundation of Kenya.

14.

Section 19 of the principal Act is amended - Amendment of section 19 of (a) by deleting the words The proceeds of any cess Cap.

343.

imposed under section 18 and substituting therefor the words The proceeds of the ad valorem levy under section 18 (3) (a); and (b) by deleting paragraph (j).

15.

Section 21 of the principal Act is amended by deleting Amendment of subsection (2) and substituting therefor the following new section 21 of Cap.

343.

subsection 286 The Tea (Amendment) (No.

2) Bill, 2010 (2) The accounts of the Board shall be audited and reported upon by the Controller and Auditor-General in accordance with No.12 of 2003.

the provisions of the Public Audit Act, 2003.

16.

Section 23 of the principal Act is amended by deleting Amendment of the words two thousand and three months and substituting section 23 of Cap.

343.

therefor the words five hundred thousand and two years respectively.

17.

Section 25 (2) of the principal Act is amended Amendment of section 25 of (a) in paragraph (c), by deleting the word Director and Cap.

343.

substituting therefor the words Agriculture Secretary; (b) in paragraph (e), by inserting the words and registration certificates after the word licences; (c) by deleting paragraph (k) and substituting therefor the following new subparagraph (k) regulating all aspects of tea trade.

18.

Section 26 of the principal Act is amended by deleting Amendment of the word permit and substituting therefor the words section 26 of Cap.343.

registration certificate.

www.kenyalaw.org The Tea (Amendment) (No.

2) Bill, 2010 287 MEMORANDUM OF OBJECTS AND REASONS The object and purpose of this Bill is to amend the Tea Act, (Chapter 343 of the Laws of Kenya) to introduce necessary reforms in the tea sub-sector and to harmonize the Act with the current policy changes in order to promote a vibrant, competitive and prosperous tea industry.

Clause 2 seeks to amend the long title of The Tea Act (in this Bill referred to as principal Act) by expanding the mandate of the Tea Board of Kenya to include all aspects of tea trade including import, export and local tea trade.

Clause 3 seeks to amend section 2 of the Act to introduce new definitions and deleting existing definitions of industry terms in line with the changes in the business environment and to include functions that were not regulated such as auction organizer, transit tea and warehouseman.

Clause 4 seeks to amend section 3 of the Act to reduce the membership of the Board from the current sixteen members to eleven members in line with the recommended corporate governance practices and the requirements of the State Corporations Act (Chapter 446 of the Laws of Kenya).

The change in composition of the Board seeks to provide for a balance of stakeholder interests and a skills mix needed to strengthen the Boards regulatory mandate.

Clause 5 seeks to amend section 3A of the Act to provide for the www.kenyalaw.org replacement of a Board member by the Minister in case of a vacancy arising in the Board.

Clause 6 seeks to amend section 4 of the principal Act to enhance the roles and functions of the Board in relation to regulation of tea trade and enhance clarity in the mandate of the Board to undertake promotion and marketing of tea in the domestic and external markets.

Clause 7 seeks to amend section 4A of the Act to provide for the Board to recruit the Managing Director of the Board for appointment by the Minister.

The Clause requires that the Managing Director should have the minimum qualifications specified in the clause.

Clause 8 seeks to amend section 6 (4) of the principal Act to provide for the quorum to conduct the business of the Board, from the current eight members to seven members, in line with the reduction of Board membership.

Clause 9 seeks to repeal section 12A of the Act so as to allow for uprooting of tea without seeking authority from the Tea Board.

288 The Tea (Amendment) (No.

2) Bill, 2010 Clause 10 seeks to amend section 13A of the Act to provide for regulation of the green tea leaf supply and creates an offence for non compliance as a deterrent measure.

Clause 11 seeks to amend section 14A of the Act to replace the office of Director of Agriculture with that of the office of the Agriculture Secretary to conform to the current administrative changes in the Ministry of Agriculture.

Clause 12 introduces a new section 17A which requires that any person dealing in tea registers with the Board to enhance regulations and create order and fairness in tea trade.

In addition non compliance with these requirements will be deemed to be an offence.

Clause 13 seeks to amend section 18 of the Act to provide for a value- based financing model from a volume-based model for the Tea Board, by removing the manufacture cess as the source of funds and introducing an ad valorem levy on all made tea to be charged at the point of import and export.

The amendment seeks to increase the financial resources to the Board and the Tea Research Foundation of Kenya so as to enhance capacity to promote tea, implement value addition, product diversification and research programs.

Clause 14 seeks to amend section 19 of the Act by deleting the word cess and replacing it with the words ad valorem levy, in line with the amendment to section 18.

www.kenyalaw.org Clause 15 seeks to amend section 21 (2)of the Act by replacing the office of the Auditor-General (Corporations) with that of the Controller and Auditor-General in order to conform to the current administrative changes.

Clause 16 seeks to amend Section 23 of the Act to enhance the fines for offences under the Act as deterrent measures.

Clause 17 seeks to amend section 25 (2) of the Act to replace the word Director with the words Agriculture Secretary and also to add the words and registration certificates among documents issued so as to reflect proposed changes to the functions of the Board.

Clause 18 seeks to amend section 26 of the Act by replacing the word permit with the words registration certificate to reflect proposed changes to the functions of the Board.

The enactment of this Bill shall not occasion any additional expenditure of public funds.

Dated the 1st July, 2010.

SALLY KOSGEI, Minister for Agriculture.

The Tea (Amendment) (No.

2) Bill, 2010 289 The long title to Cap.343 which it is proposed to amend An Act of Parliament to make provision for regulating and controlling the production, manufacture and export of tea, and for connected purposes.

Section 2 of Cap.343 which it is proposed to amend Interpretation.

2.

In this Act, unless the context otherwise requires Board means the Tea Board of Kenya established by section 3; broker means a person, a company or firm established for the purpose of negotiating the purchase or sale of tea between producers and buyers; buyer means a person company or firm engaged in buying made tea for resale in the local or export market; co-operative society means a co-operative society registered or deemed to be registered under the Co-operative Societies Act; Director means the Director of Agriculture, and any www.kenyalaw.org person authorized by him to carry out the duties of Director under this Act; established agency means Kenya Tea Packers Limited or such other body as the Minister may, by notice in the Gazette, appoint; green tea leaf means leaf detached from tea plants but not dried or processed in any way; grower means any person who is cultivating tea in any area or who intends to plant and cultivate tea in any area; licensee means a person who holds a manufacturing licence under section 13; made tea means the derivative from green tea leaf through a manufacturing process; management agent means any person, co-operative society, marketing board or company established under any 290 The Tea (Amendment) (No.

2) Bill, 2010 written law, that is appointed through a specific management contract or agreement by another person or company to perform or offer professional services in specific functions of productions, processing or marketing of tea but does not include a buyer, broker or packer of tea; manufacturing licence means a manufacturing licence issued under section 13; packer means a person who packs tea into packets or containers holding no more than ten kilograms of tea intended for sale; planting licence (deleted by No.6 of 1999, s.2); producer means a producer of tea and includes a smallholder or a plantation tea grower or his representative; registration means registration of any person dealing in tea under this Act; smallholder means a grower cultivating tea in a small piece or pieces of land who does not possess his own tea processing factory; www.kenyalaw.org sun-drying means the manufacture of green leaf into made tea by using direct heat of the sun; tea means the plant known botanically as Camellia Sinensis and includes its seed, tea plants and the leaf, whether on the plant or detached therefrom, and, in the latter case, whether green tea or manufactured tea; tea factory means a factory to process green tea leaf into made tea; tea plantation means a large area of land on which tea is cultivated.

Section 3(1) and (4) of Cap.343 which it is proposed to amend Establishment of Board.

3.

(1) There is hereby established a Board to be known as the Tea Board of Kenya, which shall consist of (a) a chairman, who shall be elected by the members of the The Tea (Amendment) (No.

2) Bill, 2010 291 Board from amongst the members of the Board representing tea producers; (b) the Permanent Secretary in the Ministry for the time being responsible for matters relating to Agriculture or a person deputed by him in writing; (c) the Director of Agriculture or a person deputed by him in writing; (d) one member nominated by tea trade organizations registered under the provisions of any written law at a meeting of the directors of the organizations convened by the Minister, to represent the interests of the tea trade; (e) six members elected by the directors of tea factory companies at a meeting convened by the Minister, to represent the interests of smallholder tea growers, each of whom shall represent two zones; (f) four members nominated by the Kenya Tea Growers Association to represent plantation tea growers; (g) the Managing Director appointed under section 4A who shall be an ex officio member of the Board; (h) not more than two other members, nominated by the Board from amongst persons who, in its opinion, possess knowledge and experience likely to be www.kenyalaw.org beneficial to the Board.

(4) The Board shall elect a deputy chairman annually from amongst its members.

Section 3A of Cap.

343 which it is proposed to amend Tenure of office.

3A.

(1) This section shall apply to the chairman and members of the Board other than the members appointed under paragraphs (b) and (c) of section 3.

(2) The appointment of the chairman and every member of the Board to whom the section applies, shall be by name and by notice in the Gazette.

(3) The chairman and the members of the Board to whom this section applies shall hold office for a period of three years but shall be eligible for re-appointment.

(4) The chairman and any other member to whom this section applies may at any time, by a notice in writing under his hand addressed to the Minister, resign his office as such.

292 The Tea (Amendment) (No.

2) Bill, 2010 (5) If the Minister is satisfied that the chairman or any other member to whom this section applies (a) has been absent from three consecutive meetings of the Board without the permission of the Board; or (b) has become bankrupt or made an arrangement with his creditors; or (c) is incapacitated by physical or mental illness; (d) has ceased to represent the interests in respect of which he is appointed; (e) is otherwise unable or unfit to discharge the functions of his office, the Minister may declare his office as chairman or a member of the Board, as the case may be, to be vacant, and shall notify the fact in such manner as the Minister thinks fit; and thereupon the office shall become vacant.

Subsection 4 (2) of Cap.343 which it is proposed to amend www.kenyalaw.org (2) The functions of the Board shall include the carrying on of such activities and the doing of such things as are necessary, advantageous, proper or for the benefit of tea growers and the tea industry, and, in particular, but without prejudice to the generality of the foregoing, shall include (a) (deleted by No.6 of 1999, s.5); (b) the licensing of tea factories; (c) the regulation, control and improvement of the cultivation and processing of tea; (d) the control of pests and diseases; (e) monitoring trade in tea through registration of any person dealing in tea under this Act; (f) investigation of, research into, and co-ordination of training in all matters relating to the tea industry.

The Tea (Amendment) (No.

2) Bill, 2010 293 Section 4A of Cap.343 which it is proposed to amend The Managing Director, 4A.

(1) There shall be a Managing Director of the Board officers and staff of the Board.

who shall be appointed by the Board.

(2) The Managing Director shall be responsible for the day to day management of the affairs of the Board and shall be the secretary to the Board.

(3) The Board may appoint such officers or other staff as are necessary for the proper discharge of its functions under this Act, upon such terms and conditions of service as the Board may determine.

Sub-section 6(A) of Cap.343 which it is proposed to amend (4) The quorum for the conduct of the business of the Board shall be eight members including the chairman or person presiding.

Section 12A of Cap.343 which it is proposed to repeal Uprooting of tea 12A.

(1) No person shall uproot tea except with the written prohibited.

authority of the Board.

www.kenyalaw.org (2) A person who contravenes the provisions of subsection (1) shall be guilty of an offence.

Section 13 of Cap.

343 which it is proposed to amend Legal manufacture, 13A.

(1) Any person who possession, etc.

(a) manufactures tea for sale in contravention of section 13; (b) buys, sells, exposes for sale, transports or has in his possession any tea which to his knowledge or belief (i) has been grown, manufactured or dried otherwise than in accordance with this Act; (ii) (deleted by No.6 of 1999, s.16), shall be guilty of an offence and liable to a fine not exceeding five hundred thousand shillings, or to imprisonment for a term not exceeding ten years, or to both.

294 The Tea (Amendment) (No.

2) Bill, 2010 (2) Where a person has in his possession or under his control any tea for which he is unable to account to the satisfaction of a person authorized under section 14 or 14A, such tea shall be deemed to have been grown, manufactured or dried otherwise than in accordance with this Act until the contrary is proved.

(3) Where a person is convicted of an offence under this section the court shall order that any tea and any vehicle, vessel or other conveyance in relation to which an offence has been committed shall be forfeited to the Government unless, in the case of a vehicle, vessel or other conveyance, the court sees good reason, to be recorded by it in writing, not to do so.

Section 14A of Cap.

343 which it is proposed to amend Powers of search and 14A.

(1) An officer of the Ministry of Agriculture or of the seizure.

Board, authorized in writing by or on behalf of the Director or the Board, as the case may be, upon production of his authority on demand, and any police officer or administration police officer may (a) enter and search any premises upon which he has reason to believe there is tea in respect of which an www.kenyalaw.org offence under section 13A is being or has been committed, and seize and remove any tea found thereon which he has reasonable cause to believe may provide evidence of that offence; Provided that before removing any tea under this paragraph, the person removing it shall furnish the person in whose custody or possession the tea is at the time of removal with a written receipt therefore; (b) stop, search and detain any vehicle, vessel or other conveyance which he has reason to believe is being or has been used for conveyance of tea in respect of which an offence under section 13A is being or has been committed.

(2) Every seizure under subsection (1) (a) shall be reported without unnecessary delay to a subordinate court, and where any vehicle, vessel or other conveyance has been stopped and detained under subsection (1)(b) the person so stopping and The Tea (Amendment) (No.

2) Bill, 2010 295 detaining shall forthwith take it or cause it to be taken together with its contents, or report the fact of its detention, to the nearest police station and the officer in charge of the police station may thereupon order that the vehicle, vessel or other conveyance, together with any tea found therein, be seized.

(3) Any person who hinders or obstructs a person acting in the exercise of his powers under his section shall be guilty of an office.

Section 18 of Cap.

343 which it is proposed to amend Cess.

18.

(1) The Minister may from time to time, on the recommendation of the Board, by notice in the Gazette, impose either or both of (a) a cess on all tea manufactured in Kenya; (b) (deleted by No.

6 of 1999, s.22).

(2) A cess imposed by notice under subsection (1) shall be at such rate, shall be payable to the Board by such persons and at such times (being not earlier than one month after the date of publication of the notice) and in such manner, as are specified in www.kenyalaw.org the notice, and shall be recoverable by the Board as a civil debt due to it from the person by whom it is payable.

Section 19 of Cap.

343 which it is proposed to amend Application moneys of 19.

The proceeds of any cess imposed under section 18, Board.

and any other moneys accruing to the Board, may be used for all or any of the following purposes: (a) the remuneration of members of the staff and technical advisers of the Board; (b) the provision of offices, and of houses for members of the staff of the Board, and of furniture and equipment therefor, as the Board may deem necessary; (c) the payment of such remuneration, fees, traveling and other expenses and subsistence allowances to members of the Board on such scale and subject to such conditions as may be approved by the Board; 296 The Tea (Amendment) (No.

2) Bill, 2010 (d) experiments, investigation and research in connection with the tea industry; (e) the collection and dissemination of statistics and other information relating to tea and its production, distribution and consumption; (f) the promotion of exhibitions for the display of tea and processes for manufacture thereof, and matters incidental thereto; (g) the establishment of libraries, laboratories, experimental stations, workshops and factories, and the provisions of facilities ancillary thereto; (h) advertising the merits of Kenya tea and increasing its sale by efforts to extend existing markets and exploiting new markets, and matters incidental thereto; (i) the payment of expenses and other charges incurred by the Board or for which the Board may become liable in the course of its operations; (j) making contributions to finances of the Tea Foundation of Kenya; www.kenyalaw.org (k) assisting the tea industry of Kenya in such manner as the Board may think fit.

Sub-section 21(2) of Cap.

343 which it is proposed to amend (2) The accounts of the Board shall be examined, audited and reported upon annually by the Auditor-General (Corporations), or by such other person as the Minister may appoint, being a person who is the holder of a practicing certificate issued pursuant to section 21 of the Accountants Act.

Section 23 of Cap.

343 which it is proposed to repeal and replace Penalties.

23.

Every person who is guilty of an offence under this Act in respect of which no penalty is specially provided shall be liable to a fine not exceeding two thousand shillings or to imprisonment for a term exceeding three months or to both.

The Tea (Amendment) (No.

2) Bill, 2010 297 Section 25 of Cap.

343 which it is proposed to amend Regulations.

25.

(1) The Minister may, after consultation with the Board, make regulations for the protection and promotion of the tea industry of Kenya, and generally for the better carrying out of the provisions of this Act.

(2) Regulations made under this section may, without prejudice to the generality of the power conferred by subsection (1), provide for- (a) prescribing the areas outside which tea may not be planted, and regulating and controlling the variety, the cultural conditions, the method of production and manufacture of tea and grading of manufactured tea, and providing for the control of pests and diseases (including requiring the treatment or destruction of diseased or infested tea and empowering the Board in default of such treatment or destruction to effect such treatment or destruction and to recover from the person in default the cost of so doing); (b) regulating and controlling the methods of blending and packing manufactured tea for sale; www.kenyalaw.org (c) empowering the Board or the Director to give directions to any planter as to the method of sowing, planting and cultivation of tea and the harvesting, collection, movement, processing and storage of tea leaf, and to delegate the like powers to any servant of the Board or public officer; (d) requiring the submission of returns, reports and estimates by the holders of licences and permits under this and others; (e) prescribing the periods for which licences shall be issued; (f) prescribing the fees to be paid for anything to be done under this Act; (g) prescribing the forms which may be used under this Act; 298 The Tea (Amendment) (No.

2) Bill, 2010 (h) prescribing anything which under this Act may be prescribed; (i) requiring the registration or deregistration of buyers, brokers, packers, management agents and any other persons dealing tea; (j) requiring that the rules and regulations of any organization dealing or involved in tea trade do in conformity with the provisions of this Act; (k) prescribing the regulations which shall govern the elections of the Board members to represent respective tea areas and interests.

Section 26 of Cap.

343 which it is proposed to amend- Appeals.

26.

Any person grieved by the refusal of the Board, or of any person having authority in that behalf, to issue any licence or permit under this Act, or by the cancellation or suspension of any such licence or permit, or by the terms and conditions subject to which the licence of permit is issued, or by any variation thereof, may, within thirty days after being notified of such refusal, cancellation, suspension, issue or variation, as the www.kenyalaw.org case may be appeal to the Agricultural Appeals Tribunal established by part XV of the Agriculture Act, and the provisions of that part shall, mutatis mutandis, apply in relation to every such appeal.

.