Kenya Coconut Development Authority Order

The Authority must pay remuneration, fees, allowances and other reimbursement to members of the Board, subject to approval by the Treasury.

AI-assisted research synopsis — verify against the official legal text below.

Jurisdiction: Kenya
Instrument: Notice
Citation: Legal Notice 165 of 2007
Version: Undated source snapshot
Language: en

Source attribution: Source: Kenya Law

Statute overview

About this statute

The Authority must pay remuneration, fees, allowances and other reimbursement to members of the Board, subject to approval by the Treasury. The Board may delegate any of its powers to its committees or to the Managing Director. The Authority's seal must be authenticated by specified signatures; most documents and decisions may be signed by specified officers or other persons authorised by the Board. Establishes the Kenya Coconut Development Authority as a State corporation. Section 4 sets out the composition of the Authority's Board and the term of office for the Chairperson and certain members.

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Legal text

Provisions of Kenya Coconut Development Authority Order

Showing 35 of 35

Part II

Establishment of the authority

10
Establishment of the authority - 10. Remuneration

AI-assisted research summary: The Authority must pay remuneration, fees, allowances and other reimbursement to members of the Board, subject to approval by the Treasury.

Section 10. Remuneration Section The Authority shall pay such remuneration, fees, allowances and such other reimbursement to members of the Board as may be approved by the Treasury.
11
Establishment of the authority - 11. Delegation of powers

AI-assisted research summary: The Board may delegate any of its powers to its committees or to the Managing Director.

Section 11. Delegation of powers Section The Board may delegate any of its powers to any of its committees or to the Managing Director.
12
Establishment of the authority - 12. Execution of documents

AI-assisted research summary: The Authority's seal must be authenticated by specified signatures; most documents and decisions may be signed by specified officers or other persons authorised by the Board.

Section 12. Execution of documents Section 12(1) The seal of the Authority shall be authenticated by the signature of the Chairperson and the Managing Director, or by either the Chairman or the Managing Director, together with one member other than an ex officio member of the Board authorized in writing by the Authority in that behalf. Section 12(2) Any document, other than a document which is required by any other law to be under seal, made and any decision of the Authority, may be signified under the hand of the Chairperson, or the Managing Director or of any other member of the Board or any other person authorized in writing by the Board in that behalf.
3
Establishment of the authority - 3. Establishment of the Authority

AI-assisted research summary: Establishes the Kenya Coconut Development Authority as a State corporation.

Section 3. Establishment of the Authority Section There is hereby established a State corporation to be known as the Kenya Coconut Development Authority which shall be a body corporate in accordance with section 3 of the Act.
4
Establishment of the authority - 4. Board of the Authority

AI-assisted research summary: Section 4 sets out the composition of the Authority's Board and the term of office for the Chairperson and certain members.

Section 4. Board of the Authority Section 4(1)(a) a Chairperson appointed by the President; Section 4(1)(b) the Principal Secretary of the Ministry for the time being responsible for agriculture; Section 4(1)(c) the Principal Secretary of the Ministry for the time being responsible for finance; Section 4(1)(d) the Principal Secretary of the Ministry for the time being responsible for regional development authorities; Section 4(1)(e) the Principal Secretary of the Ministry for the time being responsible for co-operative development and marketing; Section 4(1)(f) the Managing Director of the Authority appointed under paragraph 8; Section 4(1)(g) five members appointed by the Cabinet Secretary and who have an interest in the coconut industry and other relevant qualification or experience. Section 4(2) The Chairperson and members appointed under subparagraph (1)(g) shall serve for a term of three years, which may be renewed once. Section 4(3)(a) resigns his office as such in writing to the appointing authority; Section 4(3)(b) is absent from three consecutive meetings of the Authority without justifiable cause; Section 4(3)(c) is adjudged bankrupt; Section 4(3)(d) is incapacitated by prolonged physical or mental illness; Section 4(3)(e) ceases to represent the interest in respect of which he was nominated to the Board; Section 4(3)(f) is otherwise unable or unfit to discharge the functions of the office; Section 4(3)(g) is convicted of a criminal offence.
5
Establishment of the authority - 5. Functions of the authority

AI-assisted research summary: The authority must provide advisory service on matters related to the coconut industry to the Government and to the industry for planning purposes.

Section 5. Functions of the authority Section provide advisory service on matters related to coconut industry to the Government and to the industry for planning purposes;
6
Establishment of the authority - 6. Powers of the board

AI-assisted research summary: The board has the power to regulate the production, post-harvest handling and marketing of coconut produce and by-products.

Section 6. Powers of the board Section regulate the production, post-harvest handling and marketing of coconut produce and by-products;
7
Establishment of the authority - 7. Meetings of the board

AI-assisted research summary: Chairperson must preside at all meetings; when absent the members present must appoint one to act as Chairperson; the Board may co-opt up to three persons (who do not count for quorum or voting); Board decisions are by simple majority of members present and voting, and the Chairperson has a casting vote; the Board regulates its proceedings.

Section 7. Meetings of the board Section 7(1) The Chairperson shall preside at all meetings and in the absence, the other members present at the meeting shall appoint one of the members to act as Chairperson at that meeting. Section 7(2) The quorum for the Board meeting shall be two-thirds of the members. Section 7(3) The Board may co-opt, for such period as it may think fit, not more than three persons whose assistance or advice it may require, but persons so co-opted shall not be counted as members for the purpose of forming a quorum or shall not be entitled to vote at any meeting of the Board. Section 7(4) Every decision of the Board shall be by a simple majority of the members present and voting but the Chairperson or the person appointed to be the Chairperson under subparagraph (1) shall have a casting as well as a deliberative vote. Section 7(5) Subject to this Order, the Board shall regulate its own proceedings.
8
Establishment of the authority - 8. Managing director

AI-assisted research summary: The Cabinet Secretary must appoint a Managing Director on the Board's recommendation; the Managing Director must be the Board's secretary and must have a degree in agricultural sciences and be well versed in the coconut industry.

Section 8. Managing director Section 8(1) There shall be a Managing Director appointed by the Cabinet Secretary on the recommendation of the Board and who shall be the secretary to the Board. Section 8(2) The Managing Director shall possess a degree in agricultural sciences and be well versed in the coconut industry. Section 8(3) The appointment of the Managing Director shall be for a four year contract renewable only once for a period not exceeding four years.
9
Establishment of the authority - 9. Appointment of staff

Section 9. Appointment of staff Section The Authority shall appoint upon such terms and conditions as it thinks proper such officers and employees as it deems necessary for the efficient operation of the Authority.

Part III

Financial provisions

13
Financial provisions - 13. Funds of the authority

AI-assisted research summary: Funds of the authority are monies or assets that may accrue to or vest in the Board when exercising its powers or performing its functions under this Order.

Section 13. Funds of the authority Section such 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 Order;
14
Financial provisions - 14. Financial year

AI-assisted research summary: The Board's financial year is the twelve‑month period ending on 30 June each year.

Section 14. Financial year Section The financial year of the Board shall be the period of twelve months ending on the thirtieth day of June in each year.
15
Financial provisions - 15. Annual estimates

AI-assisted research summary: The Board must prepare annual revenue and expenditure estimates at least three months before each financial year and must approve them before the start of that financial year; once approved the sums in the estimates are to be submitted to the Cabinet Secretary for approval.

Section 15. Annual estimates Section 15(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 financial year. Section 15(2)(a) the payment of the salaries, allowances and other charges in respect of the officers, members of staff or agents of the Board; Section 15(2)(b) the payment of the pensions, gratuities and other charges in respect of the retirement benefits payable to the members of staff of the Board; Section 15(2)(c) the proper maintenance of the buildings and grounds of the Board; Section 15(2)(d) the proper maintenance, repair and replacement of the equipment and other movable property of the Board; and Section 15(2)(e) the creation of such reserve funds to meet future or contingent liabilities in respect of retirement benefits, insurance, replacement of buildings or equipment, or in respect of such other matters as the Board may deem fit. Section 15(3) The annual estimates shall be approved by the Board before the commencement of the financial year to which they relate and, once approved, the sum provided in the estimates shall be submitted to the Cabinet Secretary for approval. Section 15(4) No expenditure shall be incurred for the purposes of the Board except in accordance with the annual estimates approved under subparagraph (3), or in pursuance of an authorization of the Board given with prior written approval of the Cabinet Secretary, and the Permanent Secretary to the Treasury.
16
Financial provisions - 16. Accounts and audit

AI-assisted research summary: The Board must ensure proper books and records of its income, expenditure, assets and liabilities are kept.

Section 16. Accounts and audit Section 16(1) The Board shall cause to be kept proper books and other records of accounts of the income, expenditure, assets and liabilities of the Board. Section 16(2)(a) a statement of income and expenditure during that financial year; and Section 16(2)(b) a statement of the assets and liabilities of the Board on the last day of that financial year. Section 16(3) The accounts of the Board shall be audited and reported upon in accordance with the provisions of the Public Audit Act (Cap. 412B).
17
Financial provisions - 17. Investment of funds

AI-assisted research summary: The Board may invest its funds in certain securities (including those the Board can lawfully invest trust funds in or securities approved by the National Treasury) and may deposit moneys not immediately required with banks approved by the National Treasury.

Section 17. Investment of funds Section 17(1) The Board may invest any of the funds of the Board in securities in which the Board may by law invest trust funds, or in any other securities which the National Treasury may, from time to time, approve. Section 17(2) The Board may place on deposit, with such bank or banks as the National Treasury may approve from time to time, any moneys not immediately required for the purposes of the Board.
18
Financial provisions - 18. Annual report

AI-assisted research summary: The Board must prepare and submit an annual report on its operations to the Cabinet Secretary within three months after each financial year; the Cabinet Secretary must lay that report before the National Assembly as soon as practicable after the Assembly next sits following receipt.

Section 18. Annual report Section 18(1) The Board shall, within three months after the end of each financial year, prepare and submit to the Cabinet Secretary, a report on the operations of the Board for the immediately preceding financial year. Section 18(2) The Cabinet Secretary shall lay the annual report before the National Assembly as soon as is practicable after the National Assembly next sits after the Cabinet Secretary has received the report.

Part IV

Quality assurance in production and marketing

19
Quality assurance in production and marketing - 19. Establishment of coconut nursery committee

AI-assisted research summary: The Committee must certify minimum nursery standards for coconut palm and may co-opt persons for advice or assistance.

Section 19. Establishment of coconut nursery committee Section 19(1)(a) the Agriculture Secretary; Section 19(1)(b) the Managing Director of the Authority; Section 19(1)(c) the Director, Kenya Agricultural Research Institute; Section 19(1)(d) the Managing Director, Kenya Plant Health Inspectorate Service; Section 19(1)(e) the Managing Director, Coast Development Authority; and Section 19(1)(f) one representative of registered private sector nursery operators. Section 19(2) The Committee shall from time to time certify the minimum nursery standards in respect of coconut palm that is grown. Section 19(3) The Committee may co-opt, for such period as it may think fit, any person whose assistance or advice it may require.
20
Quality assurance in production and marketing - 20. Registration of nursery

AI-assisted research summary: After publication of the Order, no person may establish or operate a coconut nursery in any area unless the nursery is registered in accordance with the Order.

Section 20. Registration of nursery Section 20(1) No person shall, after the publication of this Order, establish or operate a coconut nursery in any area unless that nursery is registered in accordance with this Order. Section 20(2) Every application for a certificate of registration for a coconut nursery shall be made to the Authority before establishment of such a nursery as set out in Form A of the First Schedule. Section 20(3) The certificate of registration as set out in Form B of the First Schedule shall be renewable after three years and only applicable for the area inspected.
21
Quality assurance in production and marketing - 21. Conditions before registration

AI-assisted research summary: The Section has visited and inspected the site and confirmed it is suitable for a coconut nursery.

Section 21. Conditions before registration Section has visited and inspected the site and confirmed it as suitable for a coconut nursery;
22
Quality assurance in production and marketing - 22. Certificate not transferable

AI-assisted research summary: Certificates of registration may not be sold, lent, transferred or otherwise disposed of without prior written permission from the Authority; coconut nursery operators must display the certificate at all times for inspection.

Section 22. Certificate not transferable Section 22(1) No person to whom a certificate of registration is issued under paragraph 20 shall sell, lend, transfer or otherwise dispose of the certificate without the prior written permission from the Authority. Section 22(2) The operator of a coconut nursery shall display the certificate of registration for inspection at all times.
23
Quality assurance in production and marketing - 23. Restriction on transfer of planting materials

AI-assisted research summary: No person may transfer coconut planting materials between parts of the country unless they have obtained a movement permit (Form C) from the District Agricultural Officer of their area.

Section 23. Restriction on transfer of planting materials Section No person shall transfer coconut planting materials from one part of the country to another unless that person has obtained a movement permit in the form set out in Form C of the First Schedule to this Order from the District Agricultural Officer of his area.
24
Quality assurance in production and marketing - 24. Approved source of seeds

AI-assisted research summary: Nursery operators must procure coconut seeds from sources approved by the Committee, and an inspector must inspect seedlings in the seedbed before approval for transplanting.

Section 24. Approved source of seeds Section 24(1) Every coconut nursery operator shall procure seeds from sources approved by the Committee. Section 24(2) Coconut seeds shall be grown according to procedures on nursery management as laid down by the Committee. Section 24(3) Seedlings shall be inspected by an inspector while still in the seedbed before they are approved for transplanting.
25
Quality assurance in production and marketing - 25. Approved planting material

AI-assisted research summary: The Authority must prescribe how planting material is procured and handled; growers must comply with those requirements; failure to comply is an offence.

Section 25. Approved planting material Section 25(1) The Authority shall prescribe the manner of procuring of planting material by the growers and the manner of dealing with planting material generally. Section 25(2) Every grower shall comply with any requirement of the Authority under subparagraph (1). Section 25(3) A person who fails to comply with subparagraph (2) commits an offence.
26
Quality assurance in production and marketing - 26. Records of sale

AI-assisted research summary: Nursery operators must keep accurate records of distributed planting materials and produce those records on demand for inspection.

Section 26. Records of sale Section Every nursery operator shall keep accurate records of distributed planting materials indicating the buyer’s name, district, location, sub-location and postal address, and quantity purchased and shall produce such records on demand for the purposes of inspection.
27
Quality assurance in production and marketing - 27. Restriction on sale of planting materials

AI-assisted research summary: Persons must not distribute planting material unless they have a plant health certificate issued by the Authority; contravention is an offence with revocation and destruction penalties; operators of coconut nurseries destroyed under subparagraph (2) may re‑apply for registration after two years.

Section 27. Restriction on sale of planting materials Section 27(1) No person shall distribute any planting material without a plant health certificate issued by the Authority. Section 27(2) Any person who contravenes subparagraph (1) commits an offence and shall have his nursery certificate revoked, his plants destroyed by the Authority in addition to any other penalty which the court may impose under this Order. Section 27(3) The operator of a coconut nursery which is destroyed under subparagraph (2) may re-apply for registration after a period of two years.
28
Quality assurance in production and marketing - 28. Compensation

AI-assisted research summary: Inspectors are exempt from suits, prosecutions or other legal proceedings for actions done in good faith and without negligence under this Order.

Section 28. Compensation Section 28(1) No compensation shall be payable in respect of any planting material destroyed under paragraph 27 of this Order. Section 28(2) No suit, prosecution or other legal proceeding shall lie against an inspector for anything done in good faith and without negligence under this Order or under any rule made thereunder.
29
Quality assurance in production and marketing - 29. Selection of production sites

AI-assisted research summary: Producers must choose coconut production sites away from land near industrial, faecal or domestic organic waste and must prepare farm plans showing selected sites and facilities to protect worker health and prevent contamination.

Section 29. Selection of production sites Section 29(1) Every producer shall select a site for production of coconuts and such a site shall not be in the land that has proximity to an area contaminated by industrial, faecal or domestic organic waste. Section 29(2) The selected site and production practices shall minimize detrimental impact on environment while conserving nature and wildlife in accordance with the provisions of Environmental Management and Co-ordination Act (Cap. 387). Section 29(3) Every producer shall draw farm plans and such plans shall indicate the selected sites and the facilities that have been strategically sited to ensure workers’ occupational health and safety, and to prevent contamination of crops or produce and packaging materials. Section 29(4) The areas selected for production of coconuts shall be indicated in the farm plans in relation to workers’ housing, toilets, drinking water points, waste disposal pits, waste water treatment, utility stores, and social amenities. Section 29(5) A person who contravenes the provisions of this paragraph commits an offence.
30
Quality assurance in production and marketing - 30. Compliance by producers

AI-assisted research summary: Producers must follow good agricultural practices covering production, site selection, soil and water analysis, record and document control, hygiene, cleanliness and workers' welfare.

Section 30. Compliance by producers Section Every producer shall comply with good agricultural practices in relation to production, site selection, soil and water analysis, record and document control, hygiene, cleanliness and workers welfare.
31
Quality assurance in production and marketing - 31. Coconut produce and by-products traceability

AI-assisted research summary: Coconut produce and by-products traceability

Section 31. Coconut produce and by-products traceability Section origin, nature, quantities and use of farm inputs;
32
Quality assurance in production and marketing - 32. Periodic Residue Analysis

AI-assisted research summary: Every producer, dealer and processor must undertake periodic residue analyses, provide a written action plan, and document remedial action when maximum residue level is exceeded.

Section 32. Periodic Residue Analysis Section Every producer, dealer and processor shall undertake periodic residue analyses based on risk assessment by an approved laboratory and provide a written action plan and in the event that maximum residue level is exceeded, document the remedial action taken.
33
Quality assurance in production and marketing - 33. General provisions for produce handling facility

AI-assisted research summary: Produce must be handled, packaged, prepared, processed and stored hygienically in approved establishments; packaged as set out in the Fourth Schedule; and stored and transported under satisfactory conditions of hygiene as set out in the Fourth Schedule.

Section 33. General provisions for produce handling facility Section 33(1) The produce shall be handled, packaged, prepared, processed and stored hygienically in establishments approved as set out in the Second and Third Schedules to this Order. Section 33(2) The produce shall be appropriately packaged as set out in the Fourth Schedule to this Order. Section 33(3) The produce shall be stored and transported under satisfactory conditions of hygiene as set out in the Fourth Schedule to this Order.
34
Quality assurance in production and marketing - 34. Waste disposal

AI-assisted research summary: Every dealer must comply with procedures for safely and hygienically disposing of rejected produce, organic waste, waste water and other rubbish, and disposal must be done in an environmentally acceptable manner.

Section 34. Waste disposal Section Every dealer shall comply with the procedures for the safe and hygienic disposal of rejected produce, organic waste, waste water and other rubbish and which shall be done in an environmentally acceptable manner.
35
Quality assurance in production and marketing - 35. Application for registration of produce and by-products dealers

AI-assisted research summary: Persons must be registered by the Authority to process, import, export, or act as agents or dealers of coconut produce and by-products; contravening this is an offence punishable by a fine up to six thousand shillings or imprisonment up to six months, or both.

Section 35. Application for registration of produce and by-products dealers Section 35(1) No person shall process, import, export, or act as an agent or dealer of coconut produce and by-products unless he is registered by the Authority. Section 35(2) An application for a registration certificate shall be as set out in Form D in the First Schedule. Section 35(3) Every certificate of registration issued shall be as set out in Form E of the First Schedule. Section 35(4) Every registration certificate shall remain valid for a period of three years from the date of issue. Section 35(5) Any person who contravenes the provisions of subparagraph (1) commits an offence and shall be liable to a fine not exceeding six thousand shillings or to imprisonment for a term not exceeding six months, or to both.
36
Quality assurance in production and marketing - 36. Restrictions on registration

AI-assisted research summary: Section 36 lists restrictions (paragraphs (1)(a)–(e)) relating to sponsorship, collection, distribution of planting materials and pest control products, and returns; and subsection (2) sets contractual and registration requirements including contract registration, price/quantity/quality terms, quality standards, logo use, and a 30-day notification duty to the Authority.

Section 36. Restrictions on registration Section 36(1)(a) sponsor the growing of coconuts for trading without informing the Authority in writing and any production schemes so sponsored shall be regulated by contract as set out in the Fifth Schedule; Section 36(1)(b) collect produce from sponsored production schemes unless authorized in writing to do so by the sponsoring firm; Section 36(1)(c) distribute planting materials to farmers without a plant health certificate; Section 36(1)(d) distribute any pest control product to farmers which has not been approved and recommended under the Pest Control Products Act ( Cap. 346 ); Section 36(1)(e) return produce collected from the farmers or suppliers contrary to the contract agreement as per the Fifth Schedule. Section 36(2)(a) sign a contract with the producer and register such contract with the Authority as set out in the Fifth Schedule; Section 36(2)(b) indicate in the contract the produce price, quantity and quality requirements; Section 36(2)(c) strive to attain the highest produce quality standards; Section 36(2)(d) adopt and use the specified national coconut logo as prescribed by the Authority; Section 36(2)(e) notify the Authority of any dealer who contravenes any contract or order within 30 days after the date of default.
37
Quality assurance in production and marketing - 37. General penalty

AI-assisted research summary: Any dealer who commits an offence under this Order shall be liable to a fine equal to two times the value of the produce, or to imprisonment for six months, and may also have their registration certificate cancelled where applicable.

Section 37. General penalty Section Any dealer who commits an offence under this Order shall be liable to a fine two times the value of the produce or to imprisonment to a term of six months and shall in addition, where applicable, have his registration certificate cancelled.

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