Seeds and Plant Varieties Act

Section 1. Short title Section This Act may be cited as the Seeds and Plant Varieties Act.

Section 2. Interpretation Section In this Act, unless the context otherwise requires— "authorization" means the delegation of some or all aspects of seed certification and seed testing services by the Inspectorate to a competent private or public person; "authorized officer" deleted by ActNo. 53 of 2012, s. 3(a); "breeder" means the person who breeds, or discovers and develops a seed or plant variety and includes the employer of such a person; "Cabinet Secretary" means the Cabinet Secretary for the time being responsible for matters relating to agriculture; "compulsory licence" means a licence granted by the Cabinet Secretary under section 23 of this Act; "inspector" means a person appointed under section 3B (1)(a); "national variety list" means the list of all plant varieties which have been tested, officially released and published in the Gazette ; "plant breeder’s rights" means rights granted under section 17 of this Act; "plant examiner" means a suitably qualified person appointed under section 3B ; “plant genetic resources for food and agriculture” means any genetic material of plant origin of actual or potential value for food and agriculture including indigenous seeds and pl...

Section 3. Seeds regulations Section 3(1)(a) for ensuring that reliable and adequate information is afforded as to the nature, condition and quality of seeds intended for sale; Section 3(1)(b) for preventing the sale of seeds which are deleterious, or which have not been produced in specified conditions, or which have not been tested for purity or germination, or which are of a plant variety of which the performance has not been subjected to trials; Section 3(1)(c) for requiring the registration of persons growing any specified crop for the main purpose of seed production, or of persons selling any seed; Section 3(1)(d) for preventing the spread of plant disease by the sale of seeds; Section 3(1)(e) for requiring the treatment of seed, by any specified means, for the control of plant disease and regulating the importation, quality, testing and sale of any material used in such treatment; Section 3(1)(f) for regulating the descriptions under which seed is sold; Section 3(1)(g) for regulating, controlling or prohibiting the export of seeds; Section 3(1)(h) for prescribing anything which, under this Part, is to be prescribed or which, under any other provision of this Act, is to be pr...

Section 4. Civil liabilities of sellers of seeds Section 4(1) If and so far as seeds regulations provide that a statutory statement shall constitute a statutory warranty for the purposes of this section, the statutory statement, when received by a purchaser, and notwithstanding any contract or notice to the contrary, shall have effect as a written warranty by the seller that the particulars contained in the statutory statement are true. Section 4(2) If and so far as seeds regulations apply this subsection to the particulars in a statutory statement and prescribe limits of variation in relation to those particulars, those particulars shall, for the purposes of any legal proceedings on a contract for the sale of the seeds to which the statutory statement relates, be deemed to be true except so far as there is a misstatement in the particulars which exceeds the limits of variation so prescribed. Section 4(3) If and so far as seeds regulations apply this subsection to the particulars in a statutory statement, such particulars shall, for the purposes of any legal proceedings on a contract for the sale of seeds to which the statutory statement relates, be deemed to be true unless it is m...

Section 5. Defences in proceedings for offences against seeds regulations Section 5(1) If and so far as seeds regulations for the purposes of this section prescribed limits of variation in relation to the particulars in a statutory statement, it shall be a defence to proceedings under this Act for including in a statutory statement any false particulars to prove that the mis-statement in the particulars alleged to be false do not exceed the limits of variation so prescribed. Section 5(2)(a) under this Part for including false particulars in a statutory statement; or Section 5(2)(b) for an offence against seeds regulations relating to the nature, condition or quality of any seeds; or Section 5(2)(c) that the accused took all reasonable precautions against committing an offence of the kind alleged and had not at the time of the alleged offence any reason to suspect that an offence was being committed by him; and Section 5(2)(c)(i) that the accused took all reasonable precautions against committing an offence of the kind alleged and had not at the time of the alleged offence any reason to suspect that an offence was being committed by him; and Section 5(2)(c)(ii) where the accused obt...

Section 6. Presumption regarding statutory statements Section For the purposes of this Part and of any seeds regulations, any statutory statement made in respect of seeds which are in distinct portions shall be presumed to be made both in respect of the seeds as a whole and also in respect of each portion taken separately.

Section 7. Index of names of plant varieties Section 7(1) The Cabinet Secretary may, in accordance with the provisions of this section, cause to be prepared an index of names of plant varieties for use in connexion with the sale of seeds of those varieties. Section 7(2) The Index shall be compiled in sections, and each section shall define the class of plant varieties to which it relates in such terms as to make it possible to determine whether any plant variety belongs to the class or not, irrespective of whether that variety is for the time being in the Index or not. Section 7(3) Different sections of the Index may be prepared, and may be brought into force, at different times. Section 7(4) Notice of the coming into force of a section of the Index, and of all additions, corrections and erasures in a section of the Index after it has come into force, shall be published in the Gazette , and in such other manner as is appropriate for ensuring that persons particularly concerned with the Index, or with the class of plant varieties to which the section of the Index relates, have their attention drawn to it. Section 7(5) After a section of the Index has come into force, any person who,...

Section 8. Restrictions on sales of seeds of unindexed plant varieties Section 8(1) Subject to the provisions of this section, after a section of the Index has come into force any person who, in selling seed of a plant variety which is within the class to which that section of the Index relates, but which is not in the Index, uses a name which serves or is intended by him to serve to distinguish such seed from seed of other plant varieties within that class, shall be guilty of an offence. Section 8(2)(a) is to be used for scientific purposes or for the purposes of research; or Section 8(2)(b) will be used outside Kenya. Section 8(3)(a) to a sale of the seed by the first-mentioned person to the other person as part of such arrangements; or Section 8(3)(b) to a sale by that other person to the first-mentioned person of seed produced, directly or indirectly, from that seed. Section 8(4)(a) when the value for cultivation and use surpasses that of the existing ones in some aspect according to the results in official tests; Section 8(4)(b) is sufficiently distinguishable from any other variety whose existence is a matter of common knowledge at the time of application; Section 8(4)(c) is...

Section 9. Performance trials and reports Section 9(1) The Cabinet Secretary may, in consultation with representatives of such organizations as he deems to have a substantial relevant interest in the matter to be regulated, make regulations for the carrying out of national performance trials, and may by order apply such regulations to any class of plant varieties within the national varieties list and to any new varieties in that class. Section 9(2) For the purposes of this section, a plant shall be deemed to be a new plant variety if it was not on the national variety list on the date of the coming into operation of an order under subsection (1), unless it had been exempted under subsection (3). Section 9(3) The Cabinet Secretary may, on an application from any person and on being satisfied that seed of a plant variety, although not in the Index, was in commercial use in Kenya before the order under subsection (1) of this section came into force, exempt that plant variety from the provisions of this section. Section 9(4)(a) to sell seed of a new plant variety to which this section applies; or Section 9(4)(b) to advertise any such seed for use, Section 9(5)(a) uses any of that seed...

Section 10. Offences, etc. Section 10(1)(a) a person making an application or representations in respect of any matter connected with the compilation or alteration of the national varieties list; or Section 10(1)(b) an applicant under subsection (3) of section 9 of this Act, Section 10(2) Notwithstanding any provision of any other written law as to time limits in criminal proceedings, proceedings in respect of an offence under sections 7 , 8 or 9 of this Act may be brought at any time not more than two years from the date upon which it is alleged that such offence was committed. Section 10(3)(a) that the accused took all reasonable precautions against committing an offence of the kind alleged and had not at the time of the alleged offence any reason to suspect that an offence was being committed by him; and Section 10(3)(b) where the accused obtained the seeds to which the alleged offence relates from some other person, that, on demand by or on behalf of the prosecutor, the accused gave all the information in his power with respect to the name and address of that other person and with respect to any statutory statement or other document in his possession or power relating to those...

Section 3A. National designated authority Section The Service shall be the national designated authority for matters relating to seeds and plant variety protection and shall, subject to the directions of the Cabinet Secretary, be responsible for the administration of this Act. [Act No. 53 of 2012 , s. 5.]

Section 3B. Appointment of inspectors, analysts and examiners Section 3B(1)(a) shall appoint seed inspectors, seed analysts and plant examiners; and Section 3B(1)(b) may authorize competent private or public persons to perform specified functions under this Act on its behalf: Section 3B(2)(a) the names of the seed inspectors, seed analysts and plant examiners appointed or authorized under subsection (1)(a) or (b), and Section 3B(2)(b) the names of persons whose authorization is withdrawn. Section 3B(3) Subject to the provisions of section 3 (2)(b) the Service shall specify the scope and aspects of authorized activities for inspectors in the instruments of appointment. Section 3B(4) A person appointed under subsection (1)(a) shall not, while being so appointed, engage in any business connected with the production, processing, sale or distribution of seeds. Section 3B(5) A person appointed under this section shall be issued with proof of identification in a form prescribed by the Inspectorate. [Act No. 53 of 2012 , s. 5.]

Section 3C. Power of inspectors Section 3C(1)(a) for the purposes of enforcing any provision of this Act; Section 3C(1)(a)(i) for the purposes of enforcing any provision of this Act; Section 3C(1)(a)(ii) in which he reasonably believes a seed material to which this Act applies is being, or has been processed, stored or used; Section 3C(1)(a)(iii) in which he reasonably believes there is seed material that is contaminated; Section 3C(1)(a)(iv) which is used or capable of being used in the processing of seeds; Section 3C(1)(b) examine any seed or material found in any place or premises; Section 3C(1)(c) open any package found in any place or premises that he has reason to believe contains seed material; and Section 3C(1)(d) require any person to produce for inspection or for the purpose of obtaining copies thereof or extracts therefrom, any books, shipping bills, bills of lading, documents containing instructions, or any other document or papers concerning any matter relevant to the administration of this Act. Section 3C(2) The owner or the person in charge of any place or premises referred to in subsection (1) shall give an inspector all reasonable assistance required to enable the...

Section 3D. Seizure and disposal of seeds and seed processing facilities Section 3D(1) Whenever an inspector reasonably believes that the provisions of this Act have been breached, the inspector may seize and detain any seeds in respect of which, the breach has been committed. Section 3D(2)(a) for a period exceeding fourteen days, in cases where, after investigation, the inspector finds that no provision has been breached; or Section 3D(2)(b) for a period exceeding six months, unless upon the inspector finding that a provision of the Act has been breached, proceedings have been instituted in court within that period, in which case the seeds may be detained until the proceedings are concluded. Section 3D(3)(a) for the forfeiture or disposal of any seed in respect of which the offence was committed; or Section 3D(3)(b) requiring the convicted person to pay for the costs or expenses incidental to the analysis of any seed or seed processing facility in respect of which the conviction was obtained. Section 3D(4) Where an inspector seizes any seed and the owner or person in whose possession the seed was at the time of the seizure consents, in writing, to its disposal, such seed shall be...

Section 3E. Disclosure of confidential Information Section 3E(1) No person who is or who has been engaged in the enforcement of the provisions of this Act shall disclose, except for the purpose of the exercise of his functions or when required to do so by a court or under any written law, any information acquired in the exercise of functions under this Act. Section 3E(2) Any person who contravenes the provisions of subsection (1) commits an offence. [Act No. 53 of 2012 , s. 5.]

Section 8A. Maintenance of national plant variety list Section 8A(1) The Service shall cause the preparation of a national plant varieties list which shall comprise the names of plant varieties released for commercialization. Section 8A(2) The Service shall maintain and update the national varieties list and shall cause its publication in the Gazette and in such other manner as to afford access to it by members of the public. [Act No. 53 of 2012 , s. 7.]

Section 11. Seed testing stations Section The Service shall, either alone or in conjunction with any other body, establish one or more official seed testing stations. [Act No. 53 of 2012 , s. 10.]

Section 12. Certificates of test Section 12(1) A certificate of the result of a test by a seed analyst of a sample taken by an authorized officer for the purposes of any of the provisions of this Act shall be in the form prescribed by seeds regulations. Section 12(2)(a) if the sample was taken by an authorized officer, shall, if a copy of the certificate has been served on the accused, be sufficient evidence of the facts stated in the certificate in any proceedings for an offence under this Act; or Section 12(2)(b) if the sample was taken by a person other than an authorized officer in order to obtain a test for the purposes of subsection (3) of section 4 of this Act, shall be sufficient evidence of the facts stated in the certificate in any such legal proceedings as are mentioned in that subsection,

Section 13. Use of samples in criminal proceedings Section 13(1) Evidence shall not be adduced in proceedings for an offence under Part II respecting a sample taken by an authorized officer unless the sample was taken in the manner prescribed by seeds regulations. Section 13(2) Seeds regulations shall provide for samples being divided into at least two parts, and for one of the parts being given to the owner of the seeds or to such other person as may be prescribed by seeds regulations, and shall provide for a third part of the sample to be retained for production in all cases where use may be made of it by the court under this section. Section 13(3) A certificate in the form prescribed by seeds regulations purporting to be issued by an authorized officer and stating that a sample was taken in the prescribed manner shall be sufficient evidence of the facts stated in the certificate. Section 13(4) If part of a sample taken by an authorized officer is sent to a testing station, it shall be so sent as soon as practicable after the sample is taken. Section 13(5) A copy of a certificate issued by a seed analyst stating the result of a test of part of a sample taken by an authorized offi...

Section 14. Tampering with samples Section tampers with any seeds so as to procure that a sample taken in the manner prescribed by seeds regulations for any purpose does not correctly represent the bulk of the seeds; or

Section 15. Control of imports of potentially deleterious seeds Section 15(1)(a) of seeds which, if used as reproductive material in Kenya, will or may cause deterioration of domestic types of varieties of plants by cross- pollination, physical admixture or other means; or Section 15(1)(b) of seeds which are unsuitable for use in Kenya because they are of a type or variety which have been developed in countries with different climate, different hours of daylight or other different conditions, Section 15(2) An order under this section may provide for excepting from a specified type or variety any description of seeds defined in any manner and, in particular, any description of seeds defined by reference to the country or territory where they were grown or from which they have been consigned to Kenya, or any seeds which are the subject of a prescribed certificate. Section 15(3) The importation of all seeds to which this section applies is prohibited except under the authority, and in accordance with the terms, of a licence granted by an authorized officer, and any person who imports or attempts to import any seeds in contravention of this subsection shall be guilty of an offence and...

Section 16. Prevention of injurious cross-pollination Section 16(1) This section shall have effect for the purpose of maintaining the purity of seeds of any types and varieties of plants specified in an order under subsection (2). Section 16(2)(a) develop guidelines and protocols for the management of emerging technologies in seed production; and Section 16(2)(b) apply this section to any area in Kenya where persons are engaged in growing crops for seeds of any type or variety of plant specified in the order, if he is satisfied that in that area satisfactory arrangements have been made for locating such crops so as to isolate them from crops or plants which might cause injurious cross-pollination. Section 16(3)(a) shall be made after consultation with the persons responsible for the arrangements mentioned in subsection (2) of this section and with persons representative of such other interests as appear to the Service to be concerned; Section 16(3)(b) shall state the types and varieties of plants which are to be protected by the order; Section 16(3)(c) shall specify the kinds and crops of plants which are to be controlled in the area to which the order relates; and Section 16(3)(d)...

Section 17. Grant of plant breeder’s rights Section 17(1) Rights may be granted in accordance with this Part in respect of varieties of all plant genera and species. Section 17(2) Subject to this Part, plant breeder’s rights shall be granted by the authorized officer if he is satisfied that the conditions laid down in section 18 are fulfilled. Section 17(3) The Third Schedule shall have effect for the protection of an applicant for plant breeder’s rights pending a decision on his application. Section 17(4) Deleted by ActNo. 53 of 2012, s. 14(b). [Act No. 53 of 2012 , s. 14.]

Section 18. Conditions for grant of rights Section 18(1) The conditions laid down in this section must be fulfilled with respect to both the applicant for plant breeder’s rights and the plant variety to which the application relates. Section 18(2) An applicant for plant breeders' rights must be the breeder, and the provisions of Part I of the Fourth Schedule shall have effect with regard to two or more persons who have independently bred, discovered and developed a plant variety. Section 18(3) A plant variety must conform to the rules set forth in Part II of the Fourth Schedule to this Act. Section 18(4) Deleted by ActNo. 53 of 2012, s. 15(c). [Act No. 53 of 2012 , s. 15.]

Section 19. Period for which rights exercisable Section 19(1) Breeders' rights shall be granted for a fixed period of twenty years from the date of the grant, except in respect of trees and vines where the said period shall be twenty-five years from the date of the grant. Section 19(2) Deleted by ActNo. 53 of 2012, s. 16(b). Section 19(3) Deleted by ActNo. 53 of 2012, s. 16(b). Section 19(4) Deleted by ActNo. 53 of 2012, s. 16(b). Section 19(5) Deleted by ActNo. 53 of 2012, s. 16(b). Section 19(6) A holder of plant breeder’s rights may at any time make an application to the authorized officer offering to surrender his rights and if, after notice of the application has been given in the prescribed manner, and after the prescribed procedure for hearing any person on whom the right to object has been conferred by the regulations has been followed, such officer is satisfied that the rights may properly be surrendered, he may accept the offer and terminate the rights concerned. Section 19(7)(a) that any information submitted in the application for the grant of the rights, or any information submitted by or on behalf of the applicant in connexion with the application, was incorrect and t...

Section 20. Nature of rights Section 20(1)(a) production or reproduction; Section 20(1)(b) conditioning for the purpose of Propagation; Section 20(1)(c) offering for sale; Section 20(1)(d) selling or other marketing; Section 20(1)(e) exporting; Section 20(1)(f) importing, or Section 20(1)(g) stocking for any of the purpose set out in the foregoing paragraphs. Section 20(1)(h) in the circumstances described in the Fifth Schedule to this Act, to this Act, to exercise the other rights therein specified, Section 20(1A) the matters referred to in subsection (1)(a) to (g) in respect of harvested material, including entire plants and parts of plants, obtained through the unauthorized use of propagating material of the protected variety shall require the permission of the breeder, unless the breeder has had reasonable opportunity to exercise his right in relation to that propagating material. Section 20(1B) Subject to subsections (1) and (1A), the matters referred to in subsection (1)(a) in respect of products made directly from harvested material of the protected variety falling within the provisions of subsection (1)(b) through the unauthorized use of the said harvested material shall re...

Section 21. Protected plant varieties Section 21(1) The Cabinet Secretary may by regulations under this section provide for the selection of names for plant varieties which are the subject of applications for plant breeder’s rights and for the keeping of a register of the names so selected. Section 21(2) The Cabinet Secretary shall cause notice of all entries made in the register, including alterations, corrections and erasures, to be published in the Gazette and in such other manner as appears to the Cabinet Secretary to be convenient for bringing such entries to the attention of all persons connected therewith. Section 21(3) Deleted by ActNo. 53 of 2012, s. 18(a). Section 21(4)(a) prescribe the circumstances in which representations may be made regarding any decision as to the name to be registered in respect of any plant variety; Section 21(4)(b) make provision for the publication or service of notices of decisions which are to be made; Section 21(4)(c) prescribe the times at which, and the circumstances in which, the register may be inspected by members of the public. Section 21(5)(a) reproductive material of a different plant variety within the same class; or Section 21(5)(b)...

Section 22. Maintenance of reproductive material Section 22(1) The provisions of this section shall apply in relation to all plant varieties. Section 22(2) Every holder of a plant breeder’s rights shall ensure that, throughout the period for which the rights are exercisable, he is in a position to produce to a Service reproductive material which is capable of producing the variety to which the rights relate with the morphological and physiological and other characteristics taken into account when the rights were granted in respect of the variety. Section 22(3) It shall be the duty of every holder of plant breeder’s rights to afford to an authorized officer all such information and facilities as such officer may request for the purpose of ascertaining whether such holder is fulfilling his obligation under subsection (2) of this section, including facilities for the inspection of the measures taken for the preservation of the plant variety. Section 22(4)(a) has failed to comply with any request made under subsection (3); or Section 22(4)(b) is no longer in a position to fulfil his obligations under subsection (2) of this section,

Section 23. Licences Section 23(1) The holder of plant breeder’s rights has the obligation to stock the market with propagating material at reasonable prices and he may do this by himself or he may grant such licences as are necessary to stock the market with propagating material on reasonable terms and conditions. Section 23(2) The obligation referred to in subsection (1) of this section shall include the obligation of the holder of plant breeder’s rights to furnish the licensee with the propagating material he needs at a reasonable price if he is to make proper use of the licence. Section 23(3) If the Cabinet Secretary, upon the application of any person, is of the opinion that the stocking of the market with the propagating material is not adequately ensured, he shall communicate this to the holder of the plant breeder’s rights, stating the reasons for his opinion and shall enable him to remedy the situation and, if the holder fails to do so, grant any such rights as respects the plant variety in the form of a compulsory licence to interested parties. Section 23(4) Deleted by ActNo. 53 of 2012, s. 20. Section 23(5) In entertaining applications for settling the terms of compulsor...

Section 24. Regulations Section 24(1)(a) applications for the grant of plant breeder’s rights; Section 24(1)(b) the charging of fees, including periodical fees payable by the holders of plant breeder’s rights; Section 24(1)(c) anything which is to be prescribed under this Part. Section 24(2)(a) in the case of any failure to pay any fees payable in connexion with an application to such officer under this Part, to refuse such application; and Section 24(2)(b) in the case of a failure of a holder of plant breeder’s rights to pay any fees payable in connexion with those rights, to cancel the grant of those rights, Section 24(3)(a) prescribe the information and facilities to be afforded by an applicant for the grant of plant breeder’s rights, and the reproductive and other plant material to be submitted at the time of the application or subsequently; Section 24(3)(b) prescribe the tests, trials, examinations and other steps to be taken by such applicant or an authorized officer before a grant of plant breeder’s rights is made, and the time within which any such steps are to be taken; Section 24(3)(c) restrict the making of repeated applications upon the same subject; Section 24(3)(d) pr...

Section 25. False representation and information Section 25(1) Any person who, knowingly or recklessly, makes any false representation that he is entitled to exercise any plant breeder’s rights, or any rights derived therefrom, shall be guilty of an offence, and for the purposes of this subsection it shall be immaterial whether or not the plant variety in respect of which such representation is made is actually the subject of any plant breeder’s rights. Section 25(2)(a) submitted in any application under this Part for a decision against which an appeal lies to the Tribunal; or Section 25(2)(b) submitted by or on behalf of the applicant in connexion with any such application; or Section 25(2)(c) given in pursuance of a request made under subsection (3) of section 22 of this Act,

Section 26. Application of Part to Government Section 26(1) If any servant or agent of the Government infringes any plant breeder’s rights or makes himself liable to civil proceedings under section 21 of this Act, the infringement or wrong is committed with the authority of the Government, then civil proceedings in respect of the infringement or wrong shall lie against the Government. Section 26(2) Subject to subsection (1) of this section, no proceedings shall lie against the Government by virtue of the Government Proceedings Act ( Cap. 40 ) in respect of the infringement of plant breeder’s rights or of any wrong mentioned in the subsection. Section 26(3) This section shall have effect as if contained in Part II of the Government Proceedings Act ( Cap. 40 ).

Section 27.[Deleted by ActNo. 53 of 2012, s. 21.]

Section 27A. Establishment of Plant Genetic Resources Centre for Food and Agriculture Section 27A(1) There is established a Plant Genetic Resources Centre for Food and Agriculture, which shall be responsible for the conservation and sustainable utilization of plant genetic resources for food and agriculture, including indigenous seeds and plant varieties in Kenya. Section 27A(2)(a) protect the ownership of indigenous seeds and plant varieties, their genetic and diverse characteristics, associated indigenous knowledge and its use by the communities of Kenya; Section 27A(2)(b) carry out inventories by evaluating and mapping plant genetic resources distribution in the country; Section 27A(2)(c) conserve plant genetic diversity by devising and implementing management procedure, including ex-situ and in-situ maintenance; Section 27A(2)(d) co-operate with international institutions on matters relating to plant genetic resources, including the administration of material transfer agreements; Section 27A(2)(e) ensure safe custody and accessibility of all plant bred and naturally occurring germplasm; Section 27A(2)(f) document and disseminate plant genetic resources data and information to u...

Section 28. Establishment of Tribunal Section 28(1) There shall be a Seeds and Plants Tribunal in relation to which the provisions of the Sixth Schedule to this Act shall apply. Section 28(2)(a) to authorize any person, in addition to the appellant and the person whose decision is appealed against, to appear and be heard as parties to any appeal; Section 28(2)(b) to provide for suspending, or authorizing or requiring the suspension of, the operation of any decision pending the final determination of any appeal in respect thereof; Section 28(2)(c) to provide for the publication of notices or the taking of other steps for securing that persons affected by any such suspension are informed thereof.

Section 29. Jurisdiction of Tribunal Section 29(1)(a) to refuse any application under subsection (4) of section 8 or subsection (3) of section 9 of this Act; or Section 29(1)(b) to allow or refuse the grant of plant breeder’s rights; or Section 29(1)(c) to cancel the grant of plant breeder’s rights; or Section 29(1)(d) to allow or refuse an application under subsection (5) of section 19 ; or Section 29(1)(e) to terminate an extension granted under subsection (5); or Section 29(1)(f) to allow or refuse any application made under subsection (1), (7) or (8) of section 23 of this Act; Section 29(1)(g) regarding certification; or Section 29(1)(h) regarding compensation arising from seed production and sale, Section 29(1A) A duly certified copy of any determination or order of the Tribunal may be filed in the High Court by any party to the proceedings before the Tribunal, and on such filing the determination or order may, subject to any right of appeal conferred by or under this Act, be enforced as a decree of the court. Section 29(1B) The Tribunal shall, upon filing a copy of a decision under subsection (1A) transmit to the court its record of the proceedings before it, and the record s...

Section 30. Powers of entry Section 30(1)(a) the further powers conferred by subsections (4) and (5) of this section; or Section 30(1)(b) any powers of calling for, inspecting or taking copies of records or other documents conferred by seeds regulations, Section 30(2) This section shall not authorize entry into any premises which are used exclusively as a private dwelling. Section 30(3)(a) which he has reasonable cause to believe to be used for any purpose of a business in the course of which seeds are sold, whether the sale is by wholesale or retail, and whether the person conducting it acts as principal or agent; or Section 30(3)(b) on which he has reasonable cause to believe that there is any seed which has been sold and which are to be delivered, or are in the course of delivery, to the purchaser, and the power of entry under this paragraph may be exercised when the seed is in transit in the course of delivery to the purchaser, and in particular when it is in any vehicle or vessel in the course of delivery. Section 30(4) An authorized officer may, on any premises, including a vehicle or vessel, which he has power under this section to enter, examine any seed which he finds ther...

Section 31. Institution of criminal proceedings Section 31(1) Notwithstanding any provision of any other written law as to time limits in criminal proceedings, where a part of a sample has been tested by a seed analyst proceedings for including in a statutory statement false particulars concerning the matters which, under seeds regulations are to be ascertained for the purposes of the statement by a test of the seeds, being proceedings relating to the seeds from which the sample was taken, may be brought at any time not more than six months from the time when the sample was taken. Section 31(2) If, at any time before a test is begun to ascertain whether a part of a sample of seeds is of a specified variety or type, and not more than six months after the sample was taken, the person to whom any other part of the sample was given, or any other person, is notified in writing by an authorized officer that it is intended to test the seeds and that, after the test, proceedings may be brought against that person for including in a statutory statement a false statement that seeds were of a specified variety or type, then, notwithstanding any provision of any other written law as to time li...

Section 32. General provisions as to offences Section 32(1) Where an offence under this Act committed by a body corporate is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, any director, manager, secretary or other similar officer of the body corporate, or any person who was purporting to act in any such capacity, he as well as the body corporate, shall be guilty of that offence and shall be liable to be proceeded against and punished accordingly. Section 32(2) Proceedings for any offence under this Act may, without prejudice to any jurisdiction exercisable apart from this subsection, be taken against a person before the appropriate court in Kenya having jurisdiction in the place where that person is for the time being.

Section 33. General penalty Section A person who is convicted of an offence under this Act for which no other penalty is provided shall be liable to a fine not exceeding twenty thousand shillings or to imprisonment for a term not exceeding six months, or to both. [Act No. 2 of 2002 , Sch., Act No. 53 of 2012 , s. 25.]

Section 34. Supplemental provisions as to regulations Section may make different provision for different types or classes of plant varieties, for different seasons of the year, and for other different circumstances;