Kenya Plant Health Inspectorate Service Act

Section 1. Short title Section This Act may be cited as the Kenya Plant Health Inspectorate Service Act.

Section 2. Interpretation Section 2(1) In this Act, unless the context otherwise requires— "Board" means the Board of Directors of Kenya Plant Health Inspectorate Service established by section 8 ; "Cabinet Secretary" means the Cabinet Secretary for the time being responsible for agriculture; "chairperson" means the Chairman of the Board of Directors appointed under section 8 (a); "managing director" means the managing director of the Service appointed under section 10 ; "member" means a member of the Board of Directors and includes the chairperson; "Service" means the Kenya Plant Health Inspectorate Service established under section 3 . Section 2(2) Spent.

Section 3. Establishment of the Service Section 3(1)(a) suing and being sued; Section 3(1)(b) taking, purchasing or otherwise acquiring, holding, charging or disposing of movable and immovable property; Section 3(1)(c) borrowing and lending money; Section 3(1)(d) charging fees for services rendered by the Service; and Section 3(1)(e) doing or performing all other things or acts which may lawfully be done by a body corporate. Section 3(2) The Service shall be a successor to the body known as the Kenya Plant Health Inspectorate Service existing immediately before the commencement of this Act, and subject to this Act, all rights and obligations of that body existing at the commencement of this Act shall be automatically and fully transferred to the Service, and any reference to the Kenya Plant Health Inspectorate Service in any document or contract shall for all purposes, be deemed to be a reference to the Service established under this Act.

Section 4. Headquarters Section 4(1) The headquarters of the Service shall be in Nairobi. Section 4(2) Notwithstanding subsection (1), the Board may establish branches in such other areas of the country as it may deem necessary.

Section 5. Functions of the Service Section regulate matters relating to plant protection, seeds and plant varieties;

Section 6. Service to administer laws in First Schedule Section 6(1) The Service shall, in the performance of its functions under this Act, implement the provisions of the laws specified in the First Schedule. Section 6(2) The Cabinet Secretary may by Order published in the Gazette , amend the First Schedule. Section 6(3) The Board may charge fees for services rendered by it in the implementation of the laws referred to in subsection (1).

Section 7. Regulation of modified living organisms Section 7(1) The Service shall be the competent regulatory authority to implement the national biotechnology policy and regulations on introduction, transit and use of living modified plants, plant products and other regulated species of plants. Section 7(2) The Service may charge such fees for its services as it may deem appropriate.

Section 8. Board of Directors Section 8(1)(a) a non-executive Chairperson appointed by the President; Section 8(1)(b) the Principal Secretary to the National Treasury or a designated representative; Section 8(1)(c) the Principal Secretary in the Ministry responsible for agriculture or a designated representative; and Section 8(1)(d) one who shall have knowledge and experience in matters relating to agriculture and research; Section 8(1)(d)(i) one who shall have knowledge and experience in matters relating to agriculture and research; Section 8(1)(d)(ii) one who shall have knowledge, and experience in matters relating to the horticultural sector; Section 8(1)(d)(iii) one who shall have knowledge and experience in matters relating to the seed sector, and Section 8(1)(d)(iv) four who shall have knowledge and experience in matters relating to the functions of the Service; Section 8(1)(e) the managing director, who shall be secretary. Section 8(2) The person shall be eligible for appointment as Chairperson where the person holds a degree from a university recognized in Kenya and has experience in management. Section 8(3) A person shall be eligible to be appointed under paragraph (1)(d)...

Section 9. Tenure of office of Board Members Section 9(1) The chairperson or a member of the Board, other than an ex officio member, shall hold office for a term not exceeding three years, on such terms and conditions as may be specified in the instrument of appointment, and shall be eligible for re- appointment for one further term. Section 9(2)(a) at any time resign from office by notice in writing addressed to the Cabinet Secretary; Section 9(2)(b) is absent from three consecutive meetings of the Board without the permission of the Board; Section 9(2)(b)(i) is absent from three consecutive meetings of the Board without the permission of the Board; Section 9(2)(b)(ii) is convicted of a criminal offence and sentenced to a term of imprisonment; Section 9(2)(b)(iii) is adjudged bankrupt or enters into a scheme of composition or arrangement with his creditors; Section 9(2)(b)(iv) is incapacitated by prolonged physical or mental illness; Section 9(2)(b)(v) fails to comply with the provisions of the Second Schedule on disclosure of interest; Section 9(2)(b)(vi) is involved in conduct deemed by the Cabinet Secretary to be inconsistent with membership of the Board; or Section 9(2)(b)(vii...

Section 10. Appointment of Managing Director Section 10(1) There shall be a managing director of the Service who shall be appointed by the Board on such terms and conditions of service as may be specified in the instrument of appointment. Section 10(2) The managing director shall be responsible to the Board, for the day-to-day management of the affairs of the Service and shall be Secretary to the Board, and perform such other functions as the Board may direct. Section 10(3) A person shall be qualified for appointment under this section where the person holds an advanced degree in agricultural, plant or chemical sciences from a university recognized in Kenya. Section 10(4) The managing director shall hold office for a term not exceeding three years, on such terms and conditions as may be specified in the instrument of appointment, and shall be eligible for re-appointment for one further term. Section 10(5)(a) breach of the public service code of conduct; Section 10(5)(b) inability to perform the functions of his office by reason of mental or physical infirmity; Section 10(5)(c) conviction for a criminal offence; or Section 10(5)(d) for any other sufficient cause to the satisfaction...

Section 11. Appointment of staff and committees Section 11(1) The Board may appoint such officers and other staff of the Service as may be necessary for the proper discharge of its functions under this Act or any other written law, upon such terms and conditions of service as the Cabinet Secretary may approve. Section 11(2) The Board may establish and assign functions to such committees as it may consider appropriate, and such committees may consist partly or wholly of members of the Board.

Section 12. Delegation of duties 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 Service 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 of the Acts specified in the First Schedule.

Section 13. Funds of the Service Section such sums as may be appropriated by Parliament;

Section 14. Financial year Section The financial year of the Service shall be the period of twelve months ending on the thirtieth 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 Service for that year. Section 15(2)(a) the payment of the salaries, allowances and other charges in respect of the staff of the Service and members of the Board; Section 15(2)(b) the payment of pensions, gratuities and other charges in respect of retirement benefits to staff of the Service; Section 15(2)(c) the proper maintenance, repair and replacement of movable and immovable property of the Service; and Section 15(2)(d) the creation of such reserve funds to meet future or contingent liabilities in respect of retirement benefits, insurance or replacement of buildings or equipment or in respect of such other matters as the Board may consider appropriate. Section 15(3) The annual estimates shall be approved by the Board before the commencement of the financial year to which they relate and shall be submitted to the Cabinet Secretary for approval.

Section 16. Accounts and audit Section 16(1) The Board shall cause to be kept all proper books and records of accounts of the income, expenditure, assets and liabilities of the Service. Section 16(2)(a) a statement of income and expenditure of the Service during that year; and Section 16(2)(b) a statement of the assets and liabilities of the Service on the last day of the financial year. Section 16(3) The accounts of the Service shall be audited in accordance with the provisions of the Public Audit Act (Cap. 412B). Section 16(4) As soon as reasonably practicable after the end of the financial year, the Auditor-General shall report on the examination and audit of the accounts of the Service to the Board and to the Cabinet Secretary.

Section 17. Investment of funds Section 17(1) The Board may invest any of the funds of the Service which are not immediately required for its purposes, in such securities as the Treasury may, from time to time, approve. Section 17(2) The Board may, subject to the approval of the National Treasury, place on deposit with such bank or banks as it may determine, any money not immediately required for the purposes of the Service.

Section 18. Seal of the Service Section 18(1) The common seal of the Service shall be authenticated by the signatures of the Chairman and the Secretary to the Board. Section 18(2) In the absence of the chairman, a member designated by the Board for that purpose may authenticate the seal in his place, and in the absence of the Secretary to the Board, the person for the time being performing the functions of the Secretary may authenticate the seal in the secretary’s place. Section 18(3) Every document purporting to be an instrument issued by the Service and to be sealed with the seal of the Service authenticated in the manner provided under subsection (1) or (2) shall be deemed to be such an instrument and shall be officially and judicially noticed.

Section 19. Powers of arrest Section 19(1) A police officer may arrest, without a warrant, any person whom he suspects, upon reasonable grounds of having committed any offence under this Act or any of the Acts specified in the First Schedule. Section 19(2) Any officer of the Service who at the time is wearing a visible badge of office and authorized thereto in writing by the Board, may arrest, without a warrant, any person who, in his presence, commits any offence, and may detain such person until he can be delivered into the custody of a police officer to be dealt with according to law: Provided that no person shall be arrested or detained under this section unless reasonable grounds exist for believing that, except by the arrest of such a person; the person may not be found or made answerable to justice without reasonable delay, trouble or expense.

Section 20. Protection from personal liability Section 20(1) No action shall lie against the Service or any of its officers or other persons appointed or authorized to perform any function under this Act on behalf in respect of anything done or omitted to be done by them in good faith in the exercise of or performance of any power, authority or duty conferred or imposed by them under this Act. Section 20(2)(a) done or committed willfully or dishonestly by such person; Section 20(2)(b) due to the negligence of such person; or Section 20(2)(c) done or committed by the person in contravention of any provisions of this Act, or any other Act listed in the First Schedule; administered by the Inspectorate or Regulations made thereunder or any other written law.

Section 21. Exemption from payment of stamp duty Section No stamp duty shall be chargeable under the Stamp Duty Act (Cap. 480) in respect of any instrument executed by or on behalf of or in favour of the Service.

Section 22. Limitation of actions Section the action or legal proceeding shall be commenced against the Service at least one month after written notice containing the particulars of the claim, and of intention to commence legal proceedings, has been served upon the managing director by the plaintiff or his agent; and

Section 23. Execution against property of the Service Section Notwithstanding anything to the contrary in any written law, where any judgment or order has been obtained against the Service, no execution or attachment, or process in the nature thereof, shall be issued against the Service, or against any property of the Service, but the managing director shall, without delay, cause to be paid out of the revenue of the Service such amounts as may, by the judgment or order, be awarded against the Service to the person entitled thereto.

Section 24. Service of notices on the Service Section delivering the notice or other document to the managing director or to any authorized employee of the Service;

Section 25. Service of notice by the Service Section delivering it to that person;

Section 26. Contracting out of duties or services Section 26(1) The Service may authorize or contract out any of its services, duties or functions under this Act to any appropriately qualified or private person or institution who or which shall perform such duties under the supervision of the Service. Section 26(2) Non-compliance with the terms of the authorization or contract under subsection (1) shall lead to automatic suspension or cancellation of the delegation made under that subsection.

Section 27. Arbitration of disputes Section Any person aggrieved by acts or omissions under this Act or the laws specified under the First Schedule may seek redress under the arbitration rules of the respective Acts or any other relevant law.

Section 28. Regulations Section The Cabinet Secretary may, after consultation with the Board, make regulations for the better carrying out of the provisions of this Act.

Section 29. Supercession Section Where there is a conflict between the provisions of this Act and the provisions of any written law with regard to the powers or functions of the Service under this Act, the provisions of this Act shall prevail.