Agriculture and Food Authority Act

This Act may be cited as the Agriculture and Food Authority Act.

Defines "cultivation of crops and horticultural practice" as being within the meaning of the Crops Act (Cap. 318).

Section 10 establishes the Director-General as the Authority's Chief Executive Officer, recruited by the Board through a competitive process, appointed by the Cabinet Secretary, serving up to five years (eligible for one re-appointment), an ex officio non‑voting member of the Board and responsible for day-to-day management, direction of affairs (in consultation with the Board) and acting as secretary to the Board.

The Authority must organise its secretariat into directorates (with Cabinet Secretary approval), must include a directorate for food production, directorates must have autonomy and act as Kenya's competent authority for standards, and the Authority may establish produce-specific directorates for specialised activities.

The Board may appoint officers, agents and other staff as necessary for the Authority and may determine their terms and conditions of service.

The common seal must be kept in the custody of the Director-General (or another person the Board directs); it must be authenticated by the signatures of the chairperson and the Director-General; and the Board must nominate a member to authenticate the seal if either official is absent.

Members of the Board and officers, staff or agents of the Authority are not personally liable for acts done bona fide in executing Authority functions; the Authority must pay expenses of persons sued for such acts if the court finds they were done bona fide, unless the expenses are recovered by that person.

The Authority remains liable to pay compensation or damages to any person for injury or damage caused by exercising powers under this Act or other written law, or by failure of works.

Establishes the Agriculture and Food Authority.

Authority Section must administer the Crops Act (Cap. 318).

Section 5 lists Board membership (Chairperson appointed by the President; Principal Secretaries for agriculture, finance and lands; eight farmer representatives appointed by the Cabinet Secretary in consultation with the Council of County Governors; the Director-General who shall be secretary and chief executive) and includes qualifications and grounds for vacancy.

The Authority has the power to enter into contracts.

The Authority's conduct and regulation of its business and affairs must follow the Second Schedule; except where the Second Schedule provides otherwise, the Authority may regulate its own procedure.

The Authority may delegate any of its powers, functions or duties to committees or to members, officers, employees or agents, generally or in particular cases.

The Salaries and Remuneration Commission determines the remuneration payable to members of the Board.

Describes the Authority's sources of funds, treatment and collection of levies on scheduled crops, recovery of unpaid levies by the Authority, and that a percentage (not exceeding twenty percent) of levies, to be gazetted by the Cabinet Secretary, shall be remitted to the Board.

The Authority's financial year is a period of twelve months ending on 30 June each year.

The Authority must prepare annual revenue and expenditure estimates at least three months before each financial year; the Board must approve them before the year starts and submit the approved sums to the Cabinet Secretary, and the Board may authorise expenditure with prior written Cabinet Secretary approval.

The Board must cause proper books and records of the Authority's income, expenditure and assets to be kept.

The Board may invest the Authority's funds in trustee-eligible securities or other securities/banks approved by the Treasury, and may deposit money not immediately required with banks it chooses.

The Cabinet Secretary must, with advice from the Authority and consultation with the National Land Commission, provide land development guidelines for categories of agricultural land to owners or occupiers; county governments must implement those guidelines taking local circumstances into account.

The Cabinet Secretary must make general rules for preserving, utilizing and developing agricultural land, and the section sets standards by which owners and occupiers must manage and farm land.

Section 23 empowers the Cabinet Secretary to deem it necessary to prohibit, regulate or control agricultural activities (including firing, clearing or destruction of vegetation) to protect land, water catchments and soil fertility.

The Cabinet Secretary may declare a plant a noxious or invasive weed by Gazette notice on the advice of the Authority; the Cabinet Secretary must seek advice from the county executive committee member responsible for agriculture once county governments are established; county governments must provide technical support for eradication as part of plant disease control.

Report any noxious or invasive weed to the county government and clear, or cause the clearing of, such weeds; non-compliance is an offence.

An authorised county government officer may enter land at all reasonable times to check for noxious or invasive weeds; obstructing such an officer is an offence.

If an officer finds declared noxious or invasive weeds on land in a declared area, the county government may issue a written notice requiring the person responsible to clear the land within a specified time; failure to comply is an offence.

If the person responsible does not clear land after a notice, a county government officer may enter and eradicate noxious or invasive weeds; eradication costs are a civil debt recoverable from the person responsible; the person remains liable for any penalties; if weeds cannot be cleared locally the government must clear them within six months of a notice by an individual.

Allocates responsibilities between national and county governments for agricultural matters: counties handle agricultural matters under Part 2 of the Fourth Schedule; the national government handles agricultural policy and assists counties; counties must implement national policy guidelines; actions by authorised county officers are deemed actions of the county government.

A person who contravenes or fails to comply with the terms of a land development order commits an offence and is liable on conviction to a fine up to 100,000 shillings or imprisonment up to three years (or both); for a continuing offence a daily fine up to 50,000 shillings applies.

County governments must keep a register of persons served with land development orders (including names, addresses, copies of orders and land reference particulars), record compliance/variation/cancellation, allow inspection and copies for a prescribed fee, notify the Land Registrar when orders or changes take effect, and the Land Registrar must enter a memorandum without fee.

A county government may make a land preservation order against the owner or occupier of land, or against both.

A person aggrieved by a land preservation order may appeal to the court within thirty days; the court may confirm, vary or cancel the order on appeal.

The county government may cancel a land preservation order, exempt a person from its terms, or extend the compliance period; when it does so it must serve notice on the person concerned specifying how the powers were exercised, and the order is then deemed cancelled or amended.

County governments must keep a register of persons served with land preservation orders (including names, addresses, copies of orders and land reference details); the register must record compliance, variation or cancellation; the register is open to inspection for a prescribed fee and copies or extracts may be taken; the county must notify the Land Registrar when an order or its cancellation/variation takes effect and the Land Registrar must note it without fee; land preservation orders are deemed encumbrances for Land Act purposes.

If an owner or occupier refuses or fails to comply with a land preservation order, the county government may authorize someone to enter the land and carry out required works; anyone who obstructs those works commits an offence; the expenses become a debt due from the owner or occupier to the Government; and interest is payable while the debt remains due.

A person who contravenes or fails to comply with a land preservation order commits an offence and, on conviction, faces a fine up to two hundred thousand shillings, or imprisonment up to one year, or both; continuing offences attract up to one hundred shillings per day.

Lessee may claim compensation from the lessor for expenditure incurred complying with a land preservation order at lease termination, subject to notice, time limits, possible written settlement, extensions by the county government, and arbitration procedures.

If a land preservation order is in force, any transfer or succession of the land does not end the order; the order remains binding on the new owner or occupier.

Requires close consultation with all registered stakeholder organisations in developing agricultural policies or regulations and before major decisions affecting the agricultural sector; requires respect for agreements between farmers and their organisations and provides procedures for internal democracy in farmers’ organisations.

A person aggrieved by a decision made under this Act by the Authority may appeal to the court established under Article 162(2)(b) of the Constitution.

The Cabinet Secretary must prescribe the unit of measurement for each crop produce or product (subject to regulations) by notice in the Gazette, taking into account international standards and other law or regulations under this Act.

Persons are prohibited from exporting raw cashewnuts, pyrethrum, bixa, macadamia or other prescribed agricultural products except with the written authority of the Cabinet Secretary.

The Authority must ensure there are no dominant undertakings in the sector.

Repeals Agriculture Act (Cap. 318).

Regulations prescribing fees or charges for services rendered under this Act by the Board or its officers, servants or agents.