Crops Act

Section 1. Short title Section This Act may be cited as the Crops Act.

Section 2. Interpretation Section In this Act, unless the context otherwise requires— "Authority" means the Agriculture and Food Authority established under the Agriculture and Food Authority Act ( Cap. 317 ); "Cabinet Secretary" means the Cabinet Secretary for the time being responsible for matters relating to agriculture; "co-operative society" means a co-operative society registered under the Co-operative Societies Act ( Cap. 490 ); "dealing in crop" includes collecting, transporting, storing, buying or selling crops or crop products but in the case of food crops, excludes any non-commercial activity; "scheduled crop" means any of the crops listed under the First Schedule and includes such other crop as the Cabinet Secretary ("the Cabinet Secretary for the time being responsible for matters relating to agriculture;") , on the advice of the Authority ("the Agriculture and Food Authority established under the Agriculture and Food Authority Act ();") , may declare to be a scheduled crop under section 7 ; "non-scheduled crop" means any plant other than a scheduled crop ("any of the crops listed under the First Schedule and includes such other crop as the Cabinet Secretary, on the ad...

Section 3. Objects and purposes of the Act Section circumvent unnecessary regulatory bureaucracy in the crops subsector;

Section 4. Guiding principles Section has a communal function and land ownership has a social responsibility;

Section 5. Application Section This Act shall apply to all scheduled crops specified in the First Schedule and to all agricultural land whether privately or communally held as well as to farmers, farmers’ organizations, cooperatives and community associations.

Section 6. Role of national and county governments in development of crops Section 6(1)(a) the Authority ("the Agriculture and Food Authority established under the Agriculture and Food Authority Act ();") , on behalf of the national government, shall be responsible for licensing and charging of levies and breeder royalties on all scheduled crops on condition that the total sum of the levies charged by the Authority ("the Agriculture and Food Authority established under the Agriculture and Food Authority Act ();") shall not exceed ten per centum of the gate value of the produce; Section 6(1)(b) development of crops grown within the county; Section 6(1)(b)(i) development of crops grown within the county; Section 6(1)(b)(ii) plant disease control; Section 6(1)(b)(iii) markets; Section 6(1)(b)(iv) cooperative societies within the county; Section 6(1)(b)(v) soil and water conservation. Section 6(2) In order to achieve the objects and purposes of this Act, it is the duty of the national and county governments to provide an enabling environment for the development of the crop subsector. Section 6(3) The national and county governments shall determine and promote the implementation of agri...

Section 7. Declaration of scheduled crops Section 7(1) The crops specified in the First Schedule are scheduled crops for purposes of this Act. Section 7(2) The Cabinet Secretary ("the Cabinet Secretary for the time being responsible for matters relating to agriculture;") may, by notice in the Gazette , declare any other crop to be a scheduled crop ("any of the crops listed under the First Schedule and includes such other crop as the Cabinet Secretary, on the advice of the Authority, may declare to be a scheduled crop under;") for purposes of this Act. Section 7(3) The notice under subsection (1) shall prescribe development and regulation measures with respect to each scheduled crop ("any of the crops listed under the First Schedule and includes such other crop as the Cabinet Secretary, on the advice of the Authority, may declare to be a scheduled crop under;") .

Section 8. Promotion of scheduled crops Section formulate general and specific policies for the development of scheduled crops specified in the First Schedule;

Section 9. Commodities Fund Section 9(1) There is established a Fund to be known as the Commodities Fund. Section 9(2)(a) monies paid as license fees, commission, export or import agency fees and fees that may accrue to or vest in the Authority ("the Agriculture and Food Authority established under the Agriculture and Food Authority Act ();") in the course of exercise of its functions under the Act; Section 9(2)(b) funds from any other lawful source approved by the Trustees; and Section 9(2)(c) funds appropriated by Parliament for this purpose. Section 9(3) The Fund shall be managed by a Board of Trustees to be appointed by the Cabinet Secretary ("the Cabinet Secretary for the time being responsible for matters relating to agriculture;") . [Act No. 7 of 2016 , Sch.]

Section 10. Application of the Fund Section 10(1)(a) farm improvement; Section 10(1)(b) farm inputs; Section 10(1)(c) farming operations; Section 10(1)(d) price stabilization; and Section 10(1)(e) any other lawful purpose approved by the Authority ("the Agriculture and Food Authority established under the Agriculture and Food Authority Act ();") . Section 10(2) The Authority ("the Agriculture and Food Authority established under the Agriculture and Food Authority Act ();") shall, from time to time, make rules for the better management of the Fund in the best interest of farmers.

Section 11. Identification of agricultural land Section 11(1) The Cabinet Secretary ("the Cabinet Secretary for the time being responsible for matters relating to agriculture;") shall, with the advice of the Authority ("the Agriculture and Food Authority established under the Agriculture and Food Authority Act ();") , develop rules for identifying agricultural land suitable for the production of each of the scheduled crops. Section 11(2) The process of identifying agricultural land under subsection (1) shall be based on valid representations in accordance with constitutional principles of participation of, the people, good governance, transparency and accountability. Section 11(3) The county governments may from time to time, through the relevant county executive committee member, identify land suitable for the production of each of the scheduled crops. Section 11(4) The county executive committee member responsible for agriculture shall publicize any report on identified agricultural land and may prescribe regulations with respect to each scheduled crop ("any of the crops listed under the First Schedule and includes such other crop as the Cabinet Secretary, on the advice of the Au...

Section 12. Incentives to growers Section 12(1) The Cabinet Secretary ("the Cabinet Secretary for the time being responsible for matters relating to agriculture;") shall, on the advice of the Authority ("the Agriculture and Food Authority established under the Agriculture and Food Authority Act ();") , establish institutional linkages to coordinate the provision of credit, farm inputs and marketing. Section 12(2)(a) credit assistance including provision of equipment for land preparation and other non-monetary assistance; Section 12(2)(b) credit guarantee; Section 12(2)(c) affordable farm-inputs including quality seeds, planting materials and market linkage; Section 12(2)(d) technical support including research and extension services; Section 12(2)(e) infrastructural support including physical infrastructure development, financial and market information; Section 12(2)(f) fertilizer cost-reduction investment projects including private sector involvement in fertilizer importation and distribution, promoting local Section 12(2)(g) pest and disease control; Section 12(2)(h) post harvest facilities and technologies including storage, processing, distribution and transport facilities; Sec...

Section 13. Regulation of scheduled crops Section 13(1)(a) promoting productivity; Section 13(1)(b) facilitating the provision of farm inputs; Section 13(1)(c) promoting trade and access to markets; Section 13(1)(d) facilitating provision of infrastructure; Section 13(1)(e) providing post-harvest services and technology; Section 13(1)(f) facilitating the collection of farm products and storage; Section 13(1)(g) training of farmers and provision of extension services; Section 13(1)(h) providing of incentives to farmers; Section 13(1)(i) availing credit facilities; and Section 13(1)(j) value addition. Section 13(2) For purposes of subsection (1) the Authority ("the Agriculture and Food Authority established under the Agriculture and Food Authority Act ();") shall have the power to issue guidelines requiring registration of any particulars in respect of different categories of scheduled crops. Section 13(3) The Authority ("the Agriculture and Food Authority established under the Agriculture and Food Authority Act ();") shall maintain the necessary statistical information with respect to the scheduled crops to enable proper planning.

Section 14. Freedom to register Section 14(1)(a) in the case of coffee growers, register with the co-operative society to which the person delivers coffee; Section 14(1)(b) deleted by ActNo. 23 of 2020; Section 14(1)(c) in the case of sugar cane grower, register with an out-grower institution and any other organisation representing the interests of sugar farmers; Section 14(1)(d) in the case of pyrethrum grower, register with a licensed pyrethrum processor, who shall keep or cause to be kept for statistical purposes a register of all pyrethrum growers so registered; and Section 14(1)(e) in the case of any other grower, register with such association as the Authority ("the Agriculture and Food Authority established under the Agriculture and Food Authority Act ();") may from time to time determine. Section 14(2) A plantation grower may register with the Authority ("the Agriculture and Food Authority established under the Agriculture and Food Authority Act ();") , by supplying such particulars as the Authority ("the Agriculture and Food Authority established under the Agriculture and Food Authority Act ();") may be prescribe. Section 14(3) Where a farmer has entered into an agreement...

Section 15. Registration of growers’ associations Section the full names of the scheduled crop ("any of the crops listed under the First Schedule and includes such other crop as the Cabinet Secretary, on the advice of the Authority, may declare to be a scheduled crop under;") factory;

Section 16. Registration of dealers Section 16(1) Every dealer in a scheduled crop ("any of the crops listed under the First Schedule and includes such other crop as the Cabinet Secretary, on the advice of the Authority, may declare to be a scheduled crop under;") shall register with the Authority ("the Agriculture and Food Authority established under the Agriculture and Food Authority Act ();") . Section 16(2) A person shall not deal in a scheduled crop ("any of the crops listed under the First Schedule and includes such other crop as the Cabinet Secretary, on the advice of the Authority, may declare to be a scheduled crop under;") unless the person is registered in accordance with this Act. Section 16(2A) The register of persons referred to under this section shall be kept and maintained in an automated manner and the information therein shall be shared under the National Electronic Single Window System established under section 3 of the National Electronic Single Window System Act ( Cap. 485D ). Section 16(3) The Cabinet Secretary ("the Cabinet Secretary for the time being responsible for matters relating to agriculture;") shall, in consultation with the relevant county executiv...

Section 17. Taxation of scheduled crops Section 17(1)(a) income tax; Section 17(1)(b) value-added tax; Section 17(1)(c) customs duties and other duties on import of agricultural and aquatic products; and Section 17(1)(d) excise duty. Section 17(2)(a) development of agricultural crops within the county; Section 17(2)(b) development and regulation of scheduled crop ("any of the crops listed under the First Schedule and includes such other crop as the Cabinet Secretary, on the advice of the Authority, may declare to be a scheduled crop under;") markets within the county; Section 17(2)(c) issuance of trade licences to any person trading in scheduled crops within the county; and Section 17(2)(d) issuance of licenses for cooperative societies dealing with scheduled crops within the county. Section 17(3) The fees imposed by a county government under subsection (2) shall not in any way prejudice national economic policies, economic activities across county boundaries or national mobility of goods, services, capital or labour. Section 17(4) The Cabinet Secretary ("the Cabinet Secretary for the time being responsible for matters relating to agriculture;") shall, using the structures establis...

Section 18. Manufacturing licence Section 18(1) A person shall not manufacture or process a scheduled crop ("any of the crops listed under the First Schedule and includes such other crop as the Cabinet Secretary, on the advice of the Authority, may declare to be a scheduled crop under;") product for sale except under and in accordance with a licence issued under this Act. Section 18(2) An application for a licence under this section shall be in writing and in the prescribed form and shall be accompanied by the prescribed fee. Section 18(3)(a) issue a manufacturing licence, in accordance with this Act; Section 18(3)(b) refuse to issue the licence on any ground which may appear to the licensing authority ("the Authority or the county government as the case may be") to be sufficient and inform the applicant in writing of the reasons thereof; Section 18(3)(c) cancel, vary or suspend any licence if in the findings of the licensing authority ("the Authority or the county government as the case may be") , the licensee is found to have contravened the regulations made under this Act for the operation of manufacturing or processing entities. Section 18(4) A manufacturing licence issued unde...

Section 19. Illegal manufacture, possession,etc. Section 19(1)(a) manufactures a scheduled crop ("any of the crops listed under the First Schedule and includes such other crop as the Cabinet Secretary, on the advice of the Authority, may declare to be a scheduled crop under;") for sale in contravention of this Act; Section 19(1)(b) has been grown, manufactured or processed otherwise than in accordance with this Act; Section 19(1)(b)(i) has been grown, manufactured or processed otherwise than in accordance with this Act; Section 19(1)(b)(ii) is from a non-registered grower or dealer of such crop, Section 19(2) If a person is in possession or has control of scheduled crop ("any of the crops listed under the First Schedule and includes such other crop as the Cabinet Secretary, on the advice of the Authority, may declare to be a scheduled crop under;") for which the person is unable to account to the satisfaction of a person authorized under this Act, such scheduled crop ("any of the crops listed under the First Schedule and includes such other crop as the Cabinet Secretary, on the advice of the Authority, may declare to be a scheduled crop under;") shall be deemed to have been grown,...

Section 20. Issue of licences Section 20(1) A licensing authority ("the Authority or the county government as the case may be") shall issue licenses to applicants subject to such lawful conditions as the authority may determine. Section 20(2) Every licence shall specify the premises upon which the business specified in the licence may be carried on. Section 20(3) Licenses issued under this Act shall remain in force until the thirtieth of June next following the date of issue, unless earlier cancelled. Section 20(4) There shall be payable for the issue of licenses under this Act such fees as the licensing authority ("the Authority or the county government as the case may be") , after consultation with the Cabinet Secretary ("the Cabinet Secretary for the time being responsible for matters relating to agriculture;") or county executive as the case may be, prescribe. Section 20(5) The total fees charged under subsection (4) shall depend on the turnover of the dealer and shall not overburden small scale dealers and the cumulative total of all levies and fees payable shall in any event not exceed ten per cent of the gate value of the agricultural or aquatic product. Section 20(6) The li...

Section 21. Application for renewal of a licence Section An application for the renewal of a licence under this Act shall be made to the licensing authority ("the Authority or the county government as the case may be") not later than the first day of the month of June in which the current licence is due to expire but, notwithstanding the foregoing, a late application may be made upon payment of a late application fee as may be prescribed by the licensing authority ("the Authority or the county government as the case may be") .

Section 22. Conditions of a licence Section 22(1) A licence issued under this Act shall be subject to such conditions as the licensing authority ("the Authority or the county government as the case may be") may determine and as are specified in the licence and to any conditions which may be prescribed. Section 22(2) The licensing authority ("the Authority or the county government as the case may be") may require that any class of licenses issued to a dealer will be subject to the condition that the dealer engages in actual growing of any given crop. Section 22(3)(a) vary the conditions of the licence; or Section 22(3)(b) impose conditions or further conditions on the licence.

Section 23. Revocation or alteration of a licence Section an offence under this Act, or in respect of the licensed activity under any other written law, has been committed by the licence holder or any employee of the licence holder; or

Section 24. Surrender of licence Section 24(1) The holder of a licence which is revoked shall immediately surrender it to the licensing authority ("the Authority or the county government as the case may be") . Section 24(2) A licence holder may at any time surrender the licence to the licensing authority ("the Authority or the county government as the case may be") and the licence shall cease to have effect forthwith.

Section 25. Appeals Section 25(1)(a) the grant, refusal, renewal, variation or revocation; or Section 25(1)(b) the conditions imposed on the grant, renewal or variation, of a licence, may appeal to the Cabinet Secretary ("the Cabinet Secretary for the time being responsible for matters relating to agriculture;") . Section 25(2) An appeal under this section shall be lodged within thirty days from the date on which the appellant first received notice of the decision.

Section 26. Appointment of county officers Section 26(1) The Authority ("the Agriculture and Food Authority established under the Agriculture and Food Authority Act ();") shall, in respect of each county, appoint an officer to be stationed in the county for purposes of this Act. Section 26(2) The Authority ("the Agriculture and Food Authority established under the Agriculture and Food Authority Act ();") shall delegate such exercise of its powers and such performance of its functions to the officer appointed under subsection (1) as shall be necessary in the discharge of its mandate in that county. Section 26(3) An officer appointed under subsection (1) shall be deemed to be an inspector for purposes of this Act, and shall exercise such powers and perform such functions as an inspector may exercise or perform under this Act. Section 26(4) A county officer appointed under subsection (1) shall liaise with the county executive committee in the discharge of its functions.

Section 27. Appointment of crop inspectors Section 27(1) The Authority ("the Agriculture and Food Authority established under the Agriculture and Food Authority Act ();") may appoint qualified persons, to be inspectors for each scheduled crop ("any of the crops listed under the First Schedule and includes such other crop as the Cabinet Secretary, on the advice of the Authority, may declare to be a scheduled crop under;") for the purposes of this Act. Section 27(2) For purposes of subsection (1) , the Authority ("the Agriculture and Food Authority established under the Agriculture and Food Authority Act ();") may, by regulations, prescribe the qualifications for different categories of inspectors.

Section 28. Entry and inspection Section 28(1)(a) enter any land or buildings occupied by the holder of a manufacturing licence issued under this Act, or a person registered under this Act; Section 28(1)(b) make such inspection and enquiries as the person may deem necessary for ascertaining whether the provisions of this Act or the terms and conditions of the respective licence or registration are being complied with; and Section 28(1)(c) may require any person found thereon to give such information as the person may require. Section 28(2) A person who hinders or obstructs any person duly exercising or attempting to exercise any of the powers conferred by subsection (1) , or who fails to give any information reasonably required commits an offence and shall be liable, on conviction, to a fine not exceeding one million shillings, or to imprisonment for a term not exceeding two years, or both.

Section 29. Powers of entry Section 29(1)(a) perform the functions or exercise the powers conferred by this Act or any other written law; Section 29(1)(b) make enquiries or carry out a search to ascertain if this Act is being complied with; Section 29(1)(c) demand the production by a licence holder of the licence for examination; Section 29(1)(d) seize and remove any article or thing in respect of which the inspector has reasonable grounds for believing that an offence under this Act is being or has been committed; or Section 29(1)(e) do any other thing authorized under this Act. Section 29(2) The owner or occupier of or any person on land or in premises or a vehicle which is entered under subsection (1) shall render such reasonable assistance as may be required by the inspector. Section 29(3) A person who refuses, unreasonably delays or fails to comply with a requirement under subsection (2) commits an offence.

Section 30. Obstruction of inspectors Section 30(1) A person shall not prevent, hinder or obstruct an inspector in performance of the functions, and duties or exercise of powers conferred by this Act. Section 30(2) A person who contravenes subsection (1) commits an offence and shall be liable, on conviction, to a fine not exceeding two million shillings, or to imprisonment for a term not exceeding three years, or both.

Section 31. Infested areas Section 31(1)(a) declare an area which is infested with a crop disease or pest to be an infested area; Section 31(1)(b) prohibit the use of an infested area for planting, growing, collecting, storing or other dealing or for any purpose connected with those activities; Section 31(1)(c) for the purpose of preventing crop disease or pest or the spread of the disease or pest, either in the crop or otherwise, prohibit the movement of planting seed or other crop material from, to, through or within an infested area or other specified areas; Section 31(1)(d) extend, diminish or otherwise alter an infested area; and Section 31(1)(e) where it is no longer infested with crop disease or pest, revoke the declaration of an infested area. Section 31(2) The Cabinet Secretary ("the Cabinet Secretary for the time being responsible for matters relating to agriculture;") may by regulations make further provisions for the control of infested areas.

Section 32. General power to impose levies Section 32(1) The Cabinet Secretary ("the Cabinet Secretary for the time being responsible for matters relating to agriculture;") may, with the approval of Parliament, by a notice in the Gazette , impose a levy to be levied on a scheduled crop ("any of the crops listed under the First Schedule and includes such other crop as the Cabinet Secretary, on the advice of the Authority, may declare to be a scheduled crop under;") or crop product. Section 32(2) The Cabinet Secretary ("the Cabinet Secretary for the time being responsible for matters relating to agriculture;") may, upon the advice of the Authority ("the Agriculture and Food Authority established under the Agriculture and Food Authority Act ();") , at any time by notice, alter the rate of the levy imposed under subsection (1) and such altered rate shall come into force on such date, not being less than two months from the date of the notice, as may be specified in the notice. Section 32(3) Different rates of levy may be imposed for different types or grades of crop products. Section 32(4) Any levy imposed under this section shall be levied and collected in the manner prescribed. Secti...

Section 33. Use of levies Section The proceeds of any levy imposed under this Act shall form part of the general funds and property of the Authority ("the Agriculture and Food Authority established under the Agriculture and Food Authority Act ();") and may be used by the Authority ("the Agriculture and Food Authority established under the Agriculture and Food Authority Act ();") in the furtherance or exercise of any function or power of the Authority ("the Agriculture and Food Authority established under the Agriculture and Food Authority Act ();") .

Section 34. Power to recommend establishment of subsidiary bodies Section 34(1)(a) food security; Section 34(1)(b) value addition, marketing and export; Section 34(1)(c) offer extension services for irrigation farming; Section 34(1)(d) pest and disease control; Section 34(1)(e) crop insurance; Section 34(1)(f) marketing; and Section 34(1)(g) any other aspect relating to crop development. Section 34(2) Deleted by L.N. 57/2013, Sch. [L.N. 57/2013, Sch.]

Section 35. General prohibition and offence Section 35(1)(a) breach or fail to comply with the provisions of this Act; Section 35(1)(b) breach or fail to comply with any of, the terms or conditions of a licence certificate issued to him or her under this Act; Section 35(1)(c) fail to comply with a lawful requirement or demand made or given by the Authority ("the Agriculture and Food Authority established under the Agriculture and Food Authority Act ();") or an inspector; Section 35(1)(d) obstruct a person in the execution of the powers or duties under this Act; Section 35(1)(e) knowingly or recklessly make a statement or representation which is false; Section 35(1)(f) knowingly or recklessly furnish a document or information required under this Act which is false; or Section 35(1)(g) knowingly or recklessly use or furnish a fake or forged or invalid certificate or a certificate that has been altered without authorization. Section 35(2) A person who contravenes any of the provisions of subsection (1) commits an offence.

Section 36. Offences relating to body corporate Section the act or omission constituting the offence took place without the person’s knowledge; or

Section 37. General penalty Section A person who contravenes any provision of this Act, or commits an offence for which no penalty is prescribed, shall be liable, on conviction, to a fine not exceeding five hundred thousand shillings, or to imprisonment for a period not exceeding one year, or to both.

Section 38. Restraint of breaches of this Act Section a declaration that the provisions of this Act are being, have been, are about to be contravened;

Section 39. Supersession Section If any conflict arises between the provisions of this Act and any other Act with respect to the development, management, marketing or regulation of a scheduled crop ("any of the crops listed under the First Schedule and includes such other crop as the Cabinet Secretary, on the advice of the Authority, may declare to be a scheduled crop under;") , the provisions of this Act shall prevail.

Section 40. Regulations Section 40(1) The Cabinet Secretary ("the Cabinet Secretary for the time being responsible for matters relating to agriculture;") may, in consultation with the Authority ("the Agriculture and Food Authority established under the Agriculture and Food Authority Act ();") and the county governments, make regulations for the better carrying into effect of the provisions of this Act, or for prescribing anything which is to be prescribed under this Act. Section 40(2)(a) declaration and regulation of a scheduled crop ("any of the crops listed under the First Schedule and includes such other crop as the Cabinet Secretary, on the advice of the Authority, may declare to be a scheduled crop under;") including production, distribution and marketing; Section 40(2)(b) the areas outside which a scheduled crop ("any of the crops listed under the First Schedule and includes such other crop as the Cabinet Secretary, on the advice of the Authority, may declare to be a scheduled crop under;") may not be cultivated, and regulating and controlling the variety, the cultural conditions, the method of production and grading of a specified crop; Section 40(2)(c) regulations on the ap...

Section 41. Dispute resolution by arbitration Section For the purposes of ensuring expeditious resolution of disputes arising between farmers and other crop dealers, the Cabinet Secretary ("the Cabinet Secretary for the time being responsible for matters relating to agriculture;") shall make rules to provide the procedure for arbitration of such disputes.

Section 44. Administrative measures by theCabinet Secretary Section Subject to this Act, the Cabinet Secretary ("the Cabinet Secretary for the time being responsible for matters relating to agriculture;") shall, in consultation with the Authority ("the Agriculture and Food Authority established under the Agriculture and Food Authority Act ();") and the county governments, formulate and implement administrative measures to ensure smooth and orderly transition to the legal regime established by this Act.