Kenya Agricultural and Livestock Research Act

Section 1. Short title Section This Act may be cited as the Kenya Agricultural and Livestock Research Act.

Section 2. Interpretation Section 2(1) In this Act, unless the context otherwise requires— "Board" means the board of the Organisation constituted under section 6 ; "Cabinet Secretary" means the Cabinet Secretary responsible for matters relating to agriculture; "Committee" means the Science and Technology Committee established under section 27 ; "financial year" means the financial year of the Organisation as specified under section 43 ; "Fund" means the Agricultural Research Fund established under section 38 ; "Science Council" means the National Council for Science and Technology established under section 3 of the Science and Technology Act (Repealed). Section 2(2) Despite subsection (1), until after the first elections under the Constitution, references in this Act to the expression "Cabinet Secretary" and "Principal Secretary" shall be construed to mean "Minister" and "Permanent Secretary" respectively.

Section 3. Establishment of the Organisation Section 3(1) There is established an organisation known as the Kenya Agricultural and Livestock Research Organization. Section 3(2)(a) suing and being sued; Section 3(2)(b) taking, purchasing or otherwise acquiring, holding, charging and disposing of movable and immovable property; Section 3(2)(c) borrowing and lending money; Section 3(2)(d) entering into contracts; and Section 3(2)(e) doing or performing all other things or acts necessary for the proper performance of its functions under this Act, which may lawfully be done or performed by a body corporate.

Section 4. Composition of the Organization Section 4(1)(a) the Board; Section 4(1)(b) the Secretariat established under Part IV; Section 4(1)(c) the research institutes specified in the Second Schedule to this Act and the public universities; and Section 4(1)(d) associate institutes, provided for under subsection (2). Section 4(2) Any institution which undertakes agricultural or similar research, not being part of or sponsored by any sector Ministry specified in the Second Schedule to this Act and which have access and makes use of public resources may apply to the Board to join the Organization, and if the Board grants the application, the institution shall be an associate institute of the Organization.

Section 5. Objects and functions of the Organisation Section 5(1)(a) promote, streamline, co-ordinate and regulate research in crops, livestock, genetic resources and biotechnology in Kenya; Section 5(1)(b) promote, streamline, co-ordinate and regulate research in crops and animal diseases; and Section 5(1)(c) expedite equitable access to research information, resources and technology and promote the application of research findings and technology in the field of agriculture. Section 5(2)(a) formulate policy and make policy recommendations to the Cabinet Secretary on agricultural research; Section 5(2)(b) prioritise areas for, and co-ordinate, agricultural research in Kenya in line with the national policy on agriculture; Section 5(2)(c) determine and advise the Government on the resource requirements for agricultural research in Kenya both at the national and county level; Section 5(2)(d) regulate, monitor and ensure that all agricultural research undertaken by research institutes and other institutions or persons undertaking agricultural research is consistent with the national priorities specified in the relevant policy documents; Section 5(2)(e) establish and exercise control o...

Section 6. Board of the Organisation Section 6(1)(a) a Chairperson appointed by the President; Section 6(1)(b) the Principal Secretary in the Ministry for the time being responsible for agriculture; Section 6(1)(c) the Principal Secretary in the Ministry for the time being responsible for finance; Section 6(1)(d) deleted by ActNo. 7 of 2016, Sch.; Section 6(1)(e) deleted by ActNo. 7 of 2016, Sch.; Section 6(1)(f) the Principal Secretary for the time being responsible for livestock; Section 6(1)(g) the Secretary to the Science Council appointed under paragraph 6 of the Second Schedule to the Science and Technology Act; Section 6(1)(h) deleted by ActNo. 7 of 2016, Sch.; Section 6(1)(i) one shall represent the interests of farmers; Section 6(1)(i)(i) one shall represent the interests of farmers; Section 6(1)(i)(ii) one shall represent the interests of the general public; Section 6(1)(i)(iii) one shall be a representative of an institution of higher learning; Section 6(1)(i)(iv) two persons co-opted by the Board, who may be non-citizen scientists in the field of agriculture and who possess such knowledge and experience as may be necessary for the better carrying out of the functions of...

Section 7. Term of offfice Section be appointed on such terms as the Cabinet Secretary may determine;

Section 8. Vacation of office Section is unable to perform the functions of his office by reason of mental or physical infirmity;

Section 9. Functions of the Board Section carry out the objects and functions of the Organisation;

Section 10. Powers of the Board Section enter into contracts;

Section 11. Committees of the Board Section 11(1) The Board may, from time to time, establish such committees as it considers necessary for the better carrying out of its functions under this Act. Section 11(2) The Board may co-opt into the membership of a committee established under subsection (1), such other persons whose knowledge and skills are found necessary for the functions of the Organisation.

Section 12. Delegation of powers by the Board Section The Board may by resolution either generally or in any particular case, delegate to any committee of the Board 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.

Section 13. Conduct of business affairs of the Board Section The Board shall conduct its affairs in accordance with the provisions of the First Schedule, but subject thereto, the Board may regulate its own procedure.

Section 14. Appointment of Director-General Section 14(1) There shall be a Director-General, Deputy Director-General of livestock and Deputy Director-General of crops of the Organisation who shall be competitively recruited by the Board and appointed by the Cabinet Secretary. Section 14(2) The Director shall be appointed on such terms and conditions of service as the Board shall determine, with approval of the Cabinet Secretary, for a term of five years renewable for one further term. Section 14(3) The Director-General shall be an ex-officio member of the Board and shall have no right to vote at any meeting of the Board. Section 14(4) The Director-General shall be responsible to the Board for all the activities of the Organization.

Section 15. Qualifications of Director-General Section holds a postgraduate degree or its equivalent in a relevant area;

Section 16. Qualifications of Deputy Director-General Section is a citizen of Kenya;

Section 17. Functions of Director-General Section 17(1) The Director-General shall be the chief executive officer of the Organisation and shall be under the general supervision and control of the Board. Section 17(2)(a) day-to-day operations of the Organisation; Section 17(2)(b) administration, organization and control of the staff of the Organisation; Section 17(2)(c) management of funds, property and affairs of the Organisation; Section 17(2)(d) implementation of the policies and programs of the Organisation and reporting thereon to the Board; Section 17(2)(e) development of an operations plan for achieving the Organisation objects; and Section 17(2)(f) performance of any other duty necessary for the implementation of this Act as may be assigned to him by the Board. Section 17(3) The Director-General shall submit to the Board for approval, not later than three months before the commencement of each financial year, a programme of activities of the Organization in respect of that financial year.

Section 18. Removal of Director-General Section inability to perform the functions of the office arising out of physical or mental incapacity;

Section 19. Staff of the Organisation Section 19(1) The Board may appoint such officers, agents and staff as are necessary for the proper and efficient discharge of the functions of the Organisation under this Act upon such terms and conditions of service as the Board may determine. Section 19(2) The Board may, on the advice of the Director-General, engage, on behalf of the Organization, the services of such experts in respect of any of the functions of the Organization in connection with which they are considered to have special competence.

Section 20. Remuneration of staff of the Organisation Section 20(1) The officers, agents and staff of the Organisation shall be paid such remuneration and allowances as the Cabinet Secretary shall, in consultation with the Salaries and Remuneration Commission determine. Section 20(2) Pending the establishment of the Salaries and Remuneration Commission, the remuneration and allowances under subsection (1) shall be determined by the Cabinet Secretary in consultation with the Treasury.

Section 21. Common Seal of the Organisation Section 21(1) The common seal of the Organisation shall be kept in the custody of the Director-General or such other person as the Board may direct, and shall not be used except upon the order of the Board. Section 21(2) The common seal of the Organisation shall, when affixed to a document and authenticated, be judicially and officially noticed and unless the contrary is proved any order or authorization by the Organisation under this section shall be presumed to have been duly given. Section 21(3) The affixing of the common seal of the Organisation shall be authenticated by the signatures of the Chairperson and the Director-General: Provided that the Board shall, in the absence of the Chairperson or the Director-General, in any particular matter, nominate one member of the Board to authenticate the common seal of the Organisation on behalf of either the Chairperson of the Board or the Director-General.

Section 22. Protection from personal liability Section 22(1) No matter or thing done by a member of the Board or any officer, employee, or agent of the Organisation shall, if the matter or thing is done in good faith for executing the functions, powers or duties of the Organisation render the member, officer, employee or agent personally liable to any action, claim or demand whatsoever. Section 22(2) Any expenses incurred by any person in any suit or prosecution brought against him in any court, in respect of any act which is done or purported to be done by him under the direction of the Organisation, shall, of the court holds that such act was done in good faith, be paid out of the general funds of the Organisation, unless such expenses are recovered by him in such suit or prosecution.

Section 23. Liability for damages Section The provision of section 22 shall not relieve the Organisation of the liability to compensate or pay damages to any person for any injury to him, his property or any of his interests caused by the exercise of any power conferred by this Act or any other written law or by the failure, wholly or partially of any works.

Section 24. Relationship with the Science Council Section 24(1) The Organization shall operate in cooperation with the Science Council and shall, in relation to the Council, be responsible for research in the agricultural sector. Section 24(2) The Board shall make available to the Science Council annual reports on research and development activities carried out by or under the auspices of the Organization.

Section 25. Secretariat of the Organisation Section 25(1)(a) the Director-General who shall be the head of the secretariat; and Section 25(1)(b) such other persons as the Board shall determine for the proper performance of the functions of the secretariat under this Act. Section 25(2) The persons under subsection (1)(b) shall be competitively recruited and appointed by the Board on such terms and conditions as the Board shall determine. Section 25(3) The persons appointed under subsection (1)(b) shall possess such knowledge and experience as shall be determined by the Board.

Section 26. Functions of the secretariat Section provide logistical support to the Board and committees of the Board;

Section 27. Operational units Section 27(1)(a) food systems; Section 27(1)(b) natural resource management systems; Section 27(1)(c) livelihood systems; Section 27(1)(d) policy and institutional development; Section 27(1)(e) partnership and business development; Section 27(1)(f) planning, resource allocation and quality control; Section 27(1)(g) knowledge management and information communication; and Section 27(1)(h) administration and finances. Section 27(2) Each operational unit shall consist of such members of the secretariat and such other persons as the Board shall determine. Section 27(3) Each operational unit shall perform such functions as the Director-General shall determine. Section 27(4) The Board may create such other operational units or reconstitute, merge or dissolve an operational unit as it shall consider necessary.

Section 28. Establishment of Scientific and Technical Committee Section 28(1) There is established a committee to be known as the Scientific and Technical Committee. Section 28(2)(a) a Chairperson; and Section 28(2)(b) such persons with such knowledge and expertise as the Board may consider necessary for the performance of its functions under this Act. Section 28(3) The Chairperson and members of the Committee shall be appointed by the Board, from amongst persons who are not members of the Board, on such terms and conditions as the Board may determine with approval of the Cabinet Secretary.

Section 29. Functions of the Committee Section 29(1)(a) serve as the advisory arm to the Organisation; and Section 29(1)(b) provide technical, financial and legal expertise to the Board and the research institutes established under this Act. Section 29(2)(a) science policy and broad strategic research directions; and Section 29(2)(a)(i) science policy and broad strategic research directions; and Section 29(2)(a)(ii) strategic planning, priority setting and research agenda; Section 29(2)(b) commission and manage periodic external reviews of the programs of research; Section 29(2)(c) undertake system level impact assessments; Section 29(2)(d) collaborate with partners to mobilise and harness best science practices; Section 29(2)(e) provide advice and capacity building to research institutes and individuals undertaking agricultural research and programs pursuant to this Act; Section 29(2)(f) analyse policies, research proposals and proposed research programs prior to submission to the Board for approval; and Section 29(2)(g) perform such other functions relating to agricultural research as may be assigned to it by the Board.

Section 30. Conduct of business affairs of the Committee Section The provisions of the First Schedule shall apply mutatis mutandis with respect to the conduct of the business and affairs of the committee but subject thereto the Committee, may regulate its own procedure.

Section 31. Establishment of research institutes Section 31(1) There are hereby established the research institutes specified in the Second Schedule. Section 31(2) The Cabinet Secretary may, in consultation with the Board and by notice in the Gazette establish such other research institutes as he may consider necessary for the performance of its functions under this Act. Section 31(3) Each research institute may establish such centres or units as it may consider necessary for the performance of its functions under this Act.

Section 32. Functions of a research institute Section 32(1)(a) advise on, and develop appropriate systems to promote balanced, diversified and sustained agricultural development and to optimise agricultural production through adaptive and investigative research; and Section 32(1)(b) facilitate the use of improved production technology, and to establish adequate feedback systems from agricultural producers in order to achieve and maintain national self-sufficiency and export capacities in agricultural products. Section 32(2)(a) organise, design and carry out on-station and on-farm research in their respective sectors of agricultural research in accordance with such policies and in such priorities as may be determined by the Board; Section 32(2)(b) identify production, policy, market, processing and utilisation constraints in the fields of agriculture, water, livestock, forestry and environment, and prepare short and long-term research programmes within the framework of the national agricultural research system; Section 32(2)(c) identify and disseminate, in collaboration with other relevant agencies, appropriate systems of mechanisation and technology options to improve agricultural...

Section 33. Operation of research institutes Section 33(1) Each research institute shall be semi autonomous in its operations, implementation of its programs and the allocation and management of its resources. Section 33(2) The annual programmes and budget of a research institute shall be as approved by the Board. Section 33(3) The Board may request an institute research advisory committee appointed under this Act or any other person or body as the Board considers appropriate to manage on behalf of the Organization the property of the institute.

Section 34. Research institute advisory committees Section 34(1) The management of a research institute shall vest in a research institute advisory committee constituted by the Board for each research institute established under section 30 . Section 34(2) The Board shall competitively recruit and appoint such number of persons with such knowledge and experience as it shall consider necessary for the performance of the functions of the advisory committee. Section 34(3) The members of the research institute advisory committee shall be appointed on such terms and conditions as the Board with approval of the Cabinet Secretary shall consider appropriate. Section 34(4) The Board may co-opt into the membership of a committee established under subsection (1), such other persons whose knowledge and skills are found necessary for the functions of the committee.

Section 35. Functions of research institute advisory committee Section make recommendations to the Board on strategic and policy issues related to agricultural research and research program infrastructure;

Section 36. Director of a research institute Section 36(1) The Board shall competitively recruit and appoint a Director for each research institute on such terms and conditions as the Board shall determine. Section 36(2) The Director shall, subject to the directions of the Board, be responsible for the day to day management of a research institute.

Section 37. Program review committees Section 37(1) The Director of each research institute shall, with the approval of the Director-General, appoint a programme review committee of that institute consisting of such persons as the Director-General may approve. Section 37(2) The programme review committee established under subsection (1) shall scrutinise research proposals of the institute in relation to which it is established and make recommendations on the relevance and priority of research programmes and projects to be undertaken by the institute.

Section 38. Funds of the Organisation Section 38(1)(a) such moneys or assets as may accrue to or vest in the Organisation in the course of the exercise of its power or the performance of it functions under this Act, including proceeds from patents and breeders rights; Section 38(1)(b) the Agricultural Research Fund; Section 38(1)(c) such moneys as may be payable to the Organisation pursuant to this Act or any other written law; Section 38(1)(d) such gifts as may be donated to the Organisation; Section 38(1)(e) such moneys as may be appropriated by Parliament for the purposes of the Organisation; and Section 38(1)(f) moneys from any other source granted, donated, or lent to the Organisation. Section 38(2) The allocation of resources to the two directorates shall be done on a pro-rata basis depending on the contribution to Kenya's gross domestic product by the crop and livestock sectors, respectively. Section 38(3) The Public Finance Management Act (Cap. 412A), shall be applicable in the management of financial resources in the sectors at all levels.

Section 39. Establishment of the Fund Section 39(1) There is established a fund to be known as the Agricultural Research Fund. Section 39(2)(a) any funds provided by bilateral or multilateral donors, for the purpose of agricultural research; Section 39(2)(b) moneys provided by Parliament specifically for the purpose of agricultural research; Section 39(2)(c) any interest from loans and advances; and Section 39(2)(d) funds from any other source approved by the Trustees. Section 39(3) The Fund shall be managed by the Trustees appointed by the Board on such terms and conditions as the Board shall determine. Section 39(4) The Organisation shall apply the moneys received into the Fund to provide strategic and predictable funding to agricultural research activities of the Organisation and carry out the operations of the Organisation. Section 39(5) The Trustees may, from time to time and in consultation with the Board make rules for the better management of the Fund.

Section 40. Powers to raise or borrow money Section The Board may, upon consultation with the Cabinet Secretary and from time to time, raise or borrow, either by way of mortgage, charge or overdraft from a bank or in such other ways as may be appropriate, such sums of money as it may consider necessary for or in connection with the exercise of its powers or performance of its functions and duties under this Act.

Section 41. Power to invest Section The Organisation may, from time to time and, subject to the provisions of this Act, invest any sums standing to the credit of the Organisation, whether in any fund established by it, in securities or in any form of property in which the Trustees are authorized to invest under the Trustee Act (Cap. 167), and in such other securities or property as may be approved for the purpose by the Cabinet Secretary for the time being responsible for finance.

Section 42. Accounts and audit Section 42(1)(a) a balance sheet showing in detail the assets and liabilities of the Organisation; and Section 42(1)(b) such other statements of accounts as the Cabinet Secretary may approve. Section 42(2) The accounts of the Organisation shall be examined, audited and reported upon annually by the Auditor-General in accordance with the Public Audit Act (Cap. 412B). Section 42(3) The Board shall produce and lay before the Auditor-General all books and accounts of the Organisation, together with all vouchers in support thereof, and all books, papers and writings in its possession or control relating thereto, and the Auditor-General shall be entitled to require from any member, officer, employee or agent of the Organisation such information and explanation as he may consider necessary for the performance of his duties as Auditor-General. Section 42(4) The expenses incurred in and incidental to the auditing of the accounts of the Organisation shall be met by the Organisation.

Section 43. Annual report and publication Section 43(1) The Organisation shall, within a period of seven months after the end of the financial year or within such longer period as the Cabinet Secretary may approve, submit to the Cabinet Secretary a report of the operations of the Organisation during such year, and the yearly balance sheet and such other statements of account as the Cabinet Secretary shall require, together with the Auditor-General's report thereon. Section 43(2) The Organisation shall, if the Cabinet Secretary so requires, publish the reports, balance sheet and statements submitted to him under subsection (1) in such manner as the Cabinet Secretary may specify. Section 43(3) The Cabinet Secretary shall cause to be laid the before Parliament the reports, balance sheet and statements submitted to him under subsection (1), and such statements of accounts as may he may approve, within a period of fourteen days of the receipt of the reports and statements by him, or, if Parliament is not sitting, within fourteen days of the commencement of its next sitting.

Section 44. Financial year of the Organisation Section The financial year of the Organisation shall be the period of twelve months ending on the thirtieth of June in each year.

Section 45. Request for information Section 45(1) The Director-General may, in writing, request any person to furnish the Organization with such information or to produce such documents or records as he deems necessary and relevant for the performance of the functions of the Organization. Section 45(2)(a) refuses or fails, without reasonable cause, to comply with a request under subsection (1) to furnish any information or to produce any documents or records; or Section 45(2)(b) in furnishing such information, makes a statement which he knows to be false, commits an offence and shall be liable, on conviction, to a fine not exceeding thirty thousand shillings, or to imprisonment for a term not exceeding two years, or to both.

Section 46. Board to keep information confidential Section The Board shall keep information acquired for purposes of the Organization confidential and shall disclose such information only to the extent it considers necessary for the proper performance of the functions of the Organization.

Section 47. Limitation of the right to access information Section 47(1) The right of access to information guaranteed under Article 35 of the Constitution is hereby limited under Article 24 of the Constitution to the nature and extent specified under subsection (2). Section 47(2) The Organization, being a public entity, shall be under no obligation as contemplated under Article 35 of the Constitution to give any information that would, in the opinion of the Organization, compromise the integrity of research, patent and other related rights.

Section 48. Offences — improper disclosure of information Section 48(1)(a) in the course of his duties under this Act; or Section 48(1)(b) with the written consent of the Board. Section 48(2) No person who receives information in contravention of subsection (1) shall disclose or publish the information. Section 48(3) A person who contravenes subsection (1) or (2) commits an offence and shall be liable, on conviction, to a fine not exceeding thirty thousand shillings or to imprisonment for a term not exceeding two years or to both such fine and imprisonment.

Section 49. Exemptions Section Subject to other applicable laws, the Organization shall be exempted from such taxes, duties, fees, levy, cess or other charges as the Cabinet Secretary for the time being responsible for finance may by, notice in the Gazette , specify.

Section 50. Regulations Section The Cabinet Secretary may, on the recommendation of the Board, make regulations generally for the better carrying into effect the provisions of this Act.