Hide, Skin and Leather Trade Act

This Act may be cited as the Hide, Skin and Leather Trade Act.

Jurisdiction: Kenya
Instrument: Act or statute
Citation: Cap. 359
Version: 31 Dec 2022
Language: en
Official source: View official record ↗

Source attribution: Source: Kenya Law

Statute overview

About this statute

This Act may be cited as the Hide, Skin and Leather Trade Act. Section 2 provides definitions of terms used in the Act (e.g. "buyer", "Director", "leather", "skin", "tanning"), to be applied unless the context otherwise requires. Section 3 has been repealed. Section 4 was repealed by ActNo. 17 of 2006, s. 90. The buyer (referred to as "him") must keep the hides, skins or leather he purchased free from damage.

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Provisions of Hide, Skin and Leather Trade Act

Showing 20 of 20

Part I

PRELIMINARY

1
PRELIMINARY - 1. Short title
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This Act may be cited as the Hide, Skin and Leather Trade Act.

Section 1. Short title Section This Act may be cited as the Hide, Skin and Leather Trade Act.
2
PRELIMINARY - 2. Interpretation
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Section 2 provides definitions of terms used in the Act (e.g. "buyer", "Director", "leather", "skin", "tanning"), to be applied unless the context otherwise requires.

Section 2. Interpretation Section In this Act, unless the context otherwise requires— "buyer" means a person who buys, sells or otherwise deals in hides, skins or leather; "calf skin" means the outer covering of a young or immature bovine animal; "Director" means the Director of Veterinary Services; "exporter" means a person who export hides or skins or leather or hides and skins or hides, skins and leather; "exporter’s licence" deleted by ActNo. 17 of 2006, s. 88; "green hide" or "green skin" means a hide or skin which is not partly nor wholly dried, salted or tanned; "hide" means the outer covering of a mature or fully grown bovine, equine, cameline or other domestic or wild animal of the larger kind; "importer" means a person who import hides or skins or leather or hides and skins or hides, skins and leather; "inspector" means a person authorized by the Director in writing to act as an inspector for the purposes of this Act or any rules made thereunder; "leather" means a hide or skin with or without hair or wool which still retains its original fibrous structure more or less intact, and which has been treated so as to be imputrescible even after exposure to water; "leather goods" means items or articles whose components or parts consist of leather and includes leather footwear; "licensing officer" deleted by ActNo. 17 of 2006, s. 88; "preparation" includes the process of cleansing, fleshing, salting or drying, and "prepare" shall be construed accordingly; "skin" means the outer covering of a goat, sheep, pig, rabbit or any other domestic or wild vertebrate of the smaller kind; "tanning" means converting putrescible raw hides and skins into leather. [Act No. 17 of 2006 , s. 88.]

Part II

BUYER’S LICENCE

3
BUYER’S LICENCE - 3.[Repealed by ActNo. 17 of 2006, s. 89.]
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Section 3 has been repealed.

Section 3.[Repealed by ActNo. 17 of 2006, s. 89.]
4
BUYER’S LICENCE - 4.[Repealed by ActNo. 17 of 2006, s. 90.]
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Section 4 was repealed by ActNo. 17 of 2006, s. 90.

Section 4.[Repealed by ActNo. 17 of 2006, s. 90.]
5
BUYER’S LICENCE - 5. Conditions attached to a buyer’s licence
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The buyer (referred to as "him") must keep the hides, skins or leather he purchased free from damage.

Section 5. Conditions attached to a buyer’s licence Section keep the hides, skins or leather purchased by him free from damage;
6
BUYER’S LICENCE - 6.[Repealed by ActNo. 17 of 2006, s. 92.]
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Section 6 has been repealed.

Section 6.[Repealed by ActNo. 17 of 2006, s. 92.]

Part III

EXPORTER’S AND IMPORTER’S LICENCE

10
EXPORTER’S AND IMPORTER’S LICENCE - 10. Conditions for an exporter’s or importer’s licence
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An exporter or importer must equip and maintain his premises to the satisfaction of the Director.

Section 10. Conditions for an exporter’s or importer’s licence Section equip and maintain his premises to the satisfaction of the Director;
11
EXPORTER’S AND IMPORTER’S LICENCE - 11.[Repealed by ActNo. 17 of 2006, s. 94.]
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Section 11 is repealed.

Section 11.[Repealed by ActNo. 17 of 2006, s. 94.]
7
EXPORTER’S AND IMPORTER’S LICENCE - 7. Restriction on export of hides,etc.
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No hide, skin or leather shall be exported or imported except through a prescribed port or place.

Section 7. Restriction on export of hides,etc. Section No hide or skin or leather shall be exported or imported except through a prescribed port or place.
8
EXPORTER’S AND IMPORTER’S LICENCE - 8.[Repealed by ActNo. 17 of 2006, s. 93.]
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Section 8 was repealed.

Section 8.[Repealed by ActNo. 17 of 2006, s. 93.]
9
EXPORTER’S AND IMPORTER’S LICENCE - 9.[Repealed by ActNo. 17 of 2006, s. 94.]
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Section 9 was repealed.

Section 9.[Repealed by ActNo. 17 of 2006, s. 94.]

Part IV

REGISTRATION OF PREMISES

12
REGISTRATION OF PREMISES - 12. Premises used for drying to be registered
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Owners or occupiers must not use premises for drying, salting, curing or processing hides and skins until an inspector approves them and issues a registration certificate; the inspector may refuse approval or cancel/suspend certificates if unsuitable or preparation is unsatisfactory; registration certificates must be in the prescribed form.

Section 12. Premises used for drying to be registered Section 12(1) No premises shall be used for the purpose of shade or suspension drying, wet salting, or for any other hides and skins curing methods until they have been approved as suitable for that purpose by an inspector, who, if he so approves, shall issue to the owner or occupier a registration certificate in respect of the premises. Section 12(2) No premises shall be used for the purposes of processing hides and skins into pickled pelts or into any stage of leather tanning or finishing until they have been approved as suitable for that purpose by an inspector who if he so approves shall issue to the owner or occupier a registration certificate in respect of those premises. Section 12(3)(a) refuse to approve premises if, in his opinion, they are unsuitable for the purpose, or the owner or occupier or the persons employed therein are not capable of satisfactorily preparing hides, skins and leather in the prescribed manner; Section 12(3)(b) cancel or suspend the registration certificate in respect of registered premises if the hides and skins are not being prepared, dried or cured or tanned therein in a manner which is, in his opinion, satisfactory. Section 12(4) A certificate of registration issued under this section shall be in the prescribed form.
13
REGISTRATION OF PREMISES - 13. Period of validity of registration certificate
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A registration certificate issued under section 12 remains in force until 31st December of the year it is issued unless earlier cancelled or suspended.

Section 13. Period of validity of registration certificate Section A registration certificate issued under section 12 shall, unless earlier cancelled or suspended, remain in force until the 31st December of the year in which it is issued.

Part V

MISCELLANEOUS PROVISIONS

14
MISCELLANEOUS PROVISIONS - 14. Appeals against decision
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An aggrieved person may, in writing, require an inspector to supply written reasons for a decision; after receiving those reasons the aggrieved person may appeal to the Cabinet Secretary in a prescribed manner.

Section 14. Appeals against decision Section 14(1) A person aggrieved by the decision of an inspector under section 12 may, in writing, require the inspector to supply him with written reasons for the decision. Section 14(2) Upon receipt of the reasons for the decision under subsection (1), the aggrieved person may appeal to the Cabinet Secretary in such manner as may be prescribed. [Act No. 17 of 2006 , s. 97.]
15
MISCELLANEOUS PROVISIONS - 15. Powers of inspection,etc.
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Inspectors or persons authorized by the Director may enter premises at all reasonable times to inspect hides, skins or leather, take samples and, where there is reasonable cause to suspect an offence, take possession or require retention of such items and inspect items in vehicles or in a person's possession.

Section 15. Powers of inspection,etc. Section 15(1) An inspector, or any other person authorized in writing for the purpose by the Director, may at all reasonable times enter any premises in which a buyer or exporter or importer of hides, skins or leather carries on, or in which the inspector or other authorized person suspects him of carrying on, his business, or any premises registered under Part IV, or suspected by any inspector or other authorized person of being used for the purpose of preparing hides or skins or tanning leather or manufacturing leather goods for the purpose of ascertaining whether the provisions of this Act or of any rules made thereunder, or the conditions of any licence, are being observed, and may inspect any hides or skins or leather found on those premises and may take the hides, skins or leather as samples for the purpose of instituting any proceedings under this Act or under any rules made thereunder. Section 15(2) A person authorized in writing for the purpose by the Director, if he has reasonable cause to believe that an offence has been committed under this Act or under any rules made thereunder in respect of any hides, skins, leather or leather goods, may take possession of those hides, skins, leather or leather goods or by order in writing, require the person in possession of the hides, skins, leather or leather goods to retain the hides, skins, leather or leather goods, and may inspect any hides, skins, leather or leather goods found in the vehicle or in the possession of that person.
16
MISCELLANEOUS PROVISIONS - 16.[Repealed by ActNo. 17 of 2006, s. 98.]
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Section 16 has been repealed.

Section 16.[Repealed by ActNo. 17 of 2006, s. 98.]
17
MISCELLANEOUS PROVISIONS - 17. Dispute on buyer’s grading
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A producer dissatisfied with a buyer’s grading may refer the dispute to a person authorized in writing by the Director; that person’s decision is final and binding and the buyer must pay the price appropriate to the grade if he buys the hide, skin or leather.

Section 17. Dispute on buyer’s grading Section 17(1) Where the person who produces any hide, skin or leather for sale to a buyer is dissatisfied with the buyer’s grading, the dispute may be referred to a person authorized in writing for the purpose by the Director. Section 17(2) The decision of the person to whom a dispute is referred under subsection (1) shall be final and binding on both parties, and the buyer shall, if he buys the hide, skin or leather pay the price appropriate to the grade as fixed by that person.
18
MISCELLANEOUS PROVISIONS - 18. Registration certificate
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People may only store hides, skins or leather in the premises to which the registration certificate relates.

Section 18. Registration certificate Section No person shall store any hides, skins or leather except in the premises to which the registration certificate relates. [Act No. 17 of 2006 , s. 99.]
19
MISCELLANEOUS PROVISIONS - 19. Offences
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The section makes it an offence to sell, possess, prepare, treat, alter marks on, or make false statements about hides or skins in certain ways, and prescribes a fine up to twenty thousand shillings or imprisonment up to two years or both.

Section 19. Offences Section 19(1) No person shall sell or offer for sale, shall be in possession of, purchase, sell or offer for sale, any green or dried hide which is smeared with blood, dung or any foreign substance. Section 19(2)(a) for the purposes of sale, treats any hide or skin with any substance which is not specified by the Director by notice in the Gazette ; Section 19(2)(b) treats or prepares a sun-dried hide or skin with the object of selling it as a shade or suspension-dried hide or skin; Section 19(2)(c) without the permission of an inspector, prepares, treats or cures any raw hide or skin with the object of selling it as leather or soaks, immerses or in any other way applies liquid to any hide or skin which has been partially or wholly dried; Section 19(2)(d) without the consent of the Director, or of an inspector authorized for the purpose by the Director, removes, alters or defaces any mark or label made on or attached to a hide, skin or leather in pursuance of this Act or of any rules made thereunder; Section 19(2)(e) makes a statement which is to his knowledge untrue in an application for any licence required under this Act or under any rules made thereunder; Section 19(2)(f) contravenes any of the provisions of this Act or of any rule made, or of any lawful order issued, thereunder; Section 19(2)(g) deleted by ActNo. 17 of 2006, s. 100; Section 19(2)(h) obstructs an inspector, or any other authorized person, in the exercise or his powers and duties under this Act or under any rules made thereunder, Section 19(3) Nothing contained in paragraphs (a), (c) and (d) of subsection (2) shall apply to hides used for making harness for yoke oxen or for making thongs for securing domestic animals or for other domestic purposes. Section 19(4) Any person who is guilty of an offence under this Act or under any rules made thereunder shall be liable to a fine not exceeding twenty thousand shillings or to imprisonment for a term not exceeding two years or to both. [Act No. 17 of 2006 , s. 100.]
20
MISCELLANEOUS PROVISIONS - 20. Rules
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This section (Section 20) has been deleted.

Section 20. Rules Section deleted by ActNo. 17 of 2006, s. 101;

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