Kenya Coconut Development Authority Order

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.

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 p...

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;

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

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.

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.

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.

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.

Section 11. Delegation of powers Section The Board may delegate any of its powers to any of its committees or to the Managing Director.

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.

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;

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.

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 Cabin...

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).

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.

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.

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.

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.

Section 21. Conditions before registration Section has visited and inspected the site and confirmed it as suitable for a coconut nursery;

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.

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.

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.

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.

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.

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.

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.

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.

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.

Section 31. Coconut produce and by-products traceability Section origin, nature, quantities and use of farm inputs;

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.

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.

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.

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.

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 Authorit...

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.