Pyrethrum Act

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

Section 2. Interpretation Section In this Act, unless the context otherwise requires— "Authority" means the Pyrethrum Regulatory Authority established by section 3 ; "Board" means the Board of Management of the Authority established by section 6 ; "Cabinet Secretary" means the Cabinet Secretary for the time being responsible for matters relating to agriculture; "dealer" means a person licensed under this Act to purchase pyrethrum flowers from a grower to sell to a licensed processor; "Development Levy" means Pyrethrum Development Levy established by section 14 ; "formulator" means a person registered by the Authority to use pyrethrum extract to make end user pest control products; "Fund" means the Pyrethrum Development Fund established by section 13 ; "grower" means a person who grows or cultivates pyrethrum or manages, controls the cultivation of pyrethrum; "licence" means a licence issued under section 19 ; "processor" means a person licensed under this Act to extract pyrethrins from pyrethrum or pyrethrum products; "pyrethrum" means the plant or part of the plant of the species known botanically as Tanacetum cinerariaefolium or of any inter-specific hybrid involving this species...

Section 3. Establishment of the Authority Section suing and being sued;

Section 4. Functions of the Authority Section develop and promote the pyrethrum industry;

Section 5. Powers of the Authority Section control, supervise and administer the assets of the Authority in such manner and for such purpose as best promotes the purpose for which the Authority was established;

Section 6. The Board of Management of the Authority Section 6(1) There is established a board to be known as the Board of Management of the Authority which shall administer and manage the affairs of the Authority. Section 6(2)(a) a Chairperson nominated by the Cabinet Secretary and appointed by the President; Section 6(2)(b) the Principal Secretary in the Ministry for the time being responsible for matters relating to agriculture or his representative; Section 6(2)(c) the Principal Secretary in the Ministry for the time being responsible for finance or his representative; Section 6(2)(d) the Principal Secretary for the time being responsible for industrialization; Section 6(2)(e) two shall represent the interests of pyrethrum growers; Section 6(2)(e)(i) two shall represent the interests of pyrethrum growers; Section 6(2)(e)(ii) one shall represent the interests of formulators; Section 6(2)(e)(iii) one shall represent the interests of pyrethrum processors; and Section 6(2)(e)(iv) one shall posses knowledge and experience qualities which, in the Cabinet Secretary’s opinion, shall benefit the Authority; and Section 6(2)(f) the Chief Executive Officer of the Authority appointed under s...

Section 7. Appointment of the Chief Executive Officer Section 7(1) There shall be a Chief Executive Officer of the Authority who shall be appointed by the Board on such terms and conditions as may be specified in the instrument of appointment. Section 7(2)(a) be responsible to the Board for the day-to-day management of the affairs of the Authority; Section 7(2)(b) be an ex officio member of the Board; Section 7(2)(c) be the Secretary to the Board; and Section 7(2)(d) perform such other functions as the Board may direct. Section 7(3) A person shall not be qualified for appointment under this section unless that person holds a degree from a university recognized in Kenya in agriculture, economics or business administration or related discipline and has at least five years experience in a managerial capacity.

Section 8. Appointment of staff and Committees Section 8(1) The Board may appoint such officers and other staff of the Authority 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 8(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 9. 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 Board the exercise of any of the powers or the performance of any of the functions or duties of the Board under this Act.

Section 10. Remuneration of Board members Section The Board shall pay to its members, such remuneration, fees or allowances for expenses as it may determine upon recommendation by the Salaries and Remuneration Commission.

Section 11. Protection from liability Section An action shall not lie against the Board or any of its officers or other persons appointed or authorized to perform any function under this Act on behalf or 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 12. Liability of the Board for damages Section The provisions of section 11 shall not relieve the Board of the liability to pay compensation to any person for any injury to him, his property or to any of his interests caused by the exercise of any power conferred by this Act or by the failure, whether wholly or partially, of any works.

Section 13. Establishment of the Fund Section 13(1) There is established a fund to be known as the Pyrethrum Development Fund which shall be administered by the Board. Section 13(2)(a) the development levy; Section 13(2)(b) interest from loans and advances to pyrethrum growers and processors; Section 13(2)(c) grants and donations made to the Authority; and Section 13(2)(d) moneys from any other source approved by the Board. Section 13(3)(a) advance credit facilities to pyrethrum growers and processors for the establishment and development of or acquisition of pyrethrum processing equipment and plants; Section 13(3)(b) conduct research activities; and Section 13(3)(c) carry out the operations of the Authority. Section 13(4) The percentages for the application of moneys under subsection (3) shall be prescribed by the Cabinet Secretary after consultation with the Board. Section 13(5) The Board may, from time to time, issue guidelines for the better management of the Fund in the best interest of pyrethrum growers, formulators, dealers and processors and may, in the guidelines, provide the terms and conditions, the rate of interest, the period of repayment and the form of security of gu...

Section 14. Pyrethrum Development Levy Section 14(1) The Cabinet Secretary may, in consultation with the Board, impose a levy to be known as the Pyrethrum Development Levy. Section 14(2) The percentage of Development Levy imposed under subsection (1) shall be prescribed by the Cabinet Secretary.

Section 15. Financial year Section The financial year of the Fund shall be the period of twelve months ending on the thirtieth June in each year.

Section 16. Annual estimates Section 16(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 Fund for that year. Section 16(2)(a) the payment of the salaries, allowances and other charges in respect of the staff and members of the Authority; Section 16(2)(b) the payment of pensions, gratuities and other charges in respect of retirement benefits to staff of the Authority; Section 16(2)(c) the proper maintenance of the buildings and grounds of the Authority; Section 16(2)(d) the matters specified under section 13 (3); and Section 16(2)(e) 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 16(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 17. Accounts and audit Section 17(1) The Board shall cause to be kept all proper books and records of accounts of the income, expenditure, assets and liabilities of the Fund and of the Authority. Section 17(2)(a) a statement of income and expenditure during that year; and Section 17(2)(b) a statement of the assets and liabilities of the Authority on the last day of the financial year. Section 17(3) The accounts of the Fund and of the Authority shall be audited by the Controller and Auditor-General in accordance with the provisions of the Public Audit Act (Cap. 412B). Section 17(4) As soon as reasonably practicable after the end of the financial year, the Controller and Auditor-General shall report on the examination and audit of the accounts of the Authority and to the Cabinet Secretary.

Section 18. Investment of funds Section 18(1) The Board may invest any of the funds of the Fund which are not immediately required for its purposes, in such securities as the Treasury may, from time to time, approve. Section 18(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 Fund.

Section 19. Requirement of licence Section 19(1) A person shall not operate as a dealer, processor or commercial nursery operator unless that person is a holder of a current licence issued by the Authority for that purpose. Section 19(2) Any person who contravenes the provisions of subsection (1) or acts in contravention of the conditions of any licence granted thereunder commits an offence and shall be liable, on conviction, to a fine of not less than one hundred thousand shillings but not exceeding one million shillings, or to imprisonment for a term not exceeding five years, or to both.

Section 20. Conditions for Issue of licence Section 20(1)(a) it is of the opinion that the applicant is a fit and proper person to hold such a licence; and Section 20(1)(b) it is satisfied that the applicant has sufficient knowledge, experience and capacity to enable him to conduct business or that he has, amongst his staff, a person with such knowledge and experience: Section 20(2) Every licence shall specify the premises upon which the business of pyrethrum product may be carried on. Section 20(3) Every licence shall, unless earlier revoked, be valid for a period of five years from the date of issuance. Section 20(4) There shall be payable for the issue of a licence, such fees as the Cabinet Secretary, after consultation with the Board, may prescribe.

Section 21. Catchment area to be defined Section 21(1) Subject to section 20 , a processor shall not be licensed to operate unless the processor’s catchment area is defined. Section 21(2) A catchment area may have more than one processor and no person shall be denied a licence to operate merely on the ground that the person shares a catchment area, in whole or in part, with another processor.

Section 22. Access to intellectual property rights Section The Authority shall in performance of its functions provide access of intellectual property rights to a licensed processor at a fee to be prescribed by the Cabinet Secretary.

Section 23. Seal of the Board Section 23(1) The common seal of the Authority shall be authenticated by the signatures of the Chairperson and the Secretary to the Board. Section 23(2) In the absence of the Chairperson, a member designated by him or 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 his place. Section 23(3) Every document purporting to be an instrument issued by the Board and to be sealed with the seal of the Authority authenticated in the manner provided by subsection (1) or (2) shall be deemed to be such an instrument and shall be officially and judicially noticed.

Section 24. Offences by corporate body Section the act or omission constituting the offence took place without his knowledge; or

Section 25. General Penalty Section A person who commits an offence under this Act for which no specific penalty is provided is liable, on conviction, to a fine not exceeding one hundred thousand shillings or to imprisonment for a term not exceeding one year, or to both.

Section 26. Rules Section The Cabinet Secretary may, after consultation with the Board, make Rules for the better carrying out of the provisions of this Act.

Section 27. Repeal of Cap. 340 Section 27(1) The Pyrethrum Act is repealed. Section 27(2)(a) all the funds, assets and other property, both movable and immovable, which immediately before the appointed day were vested in the former Board shall, by virtue of this paragraph, vest in the Authority; Section 27(2)(b) all rights, obligations, powers and liabilities which immediately before the appointed day were vested in, imposed on or enforceable against the former Board shall, by virtue of this paragraph, be vested in, imposed on or enforceable against the Authority; Section 27(2)(c) any reference in any written law or in any document or instrument to the former Board shall, on and after the appointed day, be construed to be a reference to the Authority; Section 27(2)(d) the annual estimates of former Board for the financial year in which the appointed day occurs shall be deemed to be the annual estimates of the Authority for the remainder of that financial year: Section 27(2)(e) the administrative directions made by the former Board or by the Cabinet Secretary which are in force immediately before the appointed day shall, on or after such day, have force as if they were directions ma...