Pyrethrum Act

Short title: This Act may be cited as the Pyrethrum Act.

Jurisdiction: Kenya
Instrument: Act or statute
Citation: Cap. 340
Version: 31 Dec 2022
Language: en
Official source: View official record ↗

Source attribution: Source: Kenya Law

Statute overview

About this statute

Short title: This Act may be cited as the Pyrethrum Act. This section provides definitions for terms used in the Act (for example: "Authority", "Board", "Cabinet Secretary", "dealer", "Development Levy", "formulator", "Fund", "grower", "licence", "processor", "pyrethrum", and "pyrethrum extract"). The Board must pay its members remuneration, fees or allowances for expenses as it may determine on recommendation of the Salaries and Remuneration Commission. The Board, its officers and persons authorized to act for it are protected from legal actions for acts or omissions done in good faith while exercising powers or duties under the Act. The Board must pay compensation to any person for injury to them, their property or interests caused by exercising powers under the Act or by failure (wholly or partially) of any works.

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Provisions of Pyrethrum Act

Showing 27 of 27

Part I

PRELIMINARY

1
PRELIMINARY - 1. Short title
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Short title: This Act may be cited as the Pyrethrum Act.

Section 1. Short title Section This Act may be cited as the Pyrethrum Act.
2
PRELIMINARY - 2. Interpretation
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This section provides definitions for terms used in the Act (for example: "Authority", "Board", "Cabinet Secretary", "dealer", "Development Levy", "formulator", "Fund", "grower", "licence", "processor", "pyrethrum", and "pyrethrum extract").

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 or of any progeny of such hybrid; and "pyrethrum extract" means an active ingredient obtained or delivered from pyrethrum flower by treatment or process.

Part II

ESTABLISHMENT OF THE AUTHORITY

10
ESTABLISHMENT OF THE AUTHORITY - 10. Remuneration of Board members
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The Board must pay its members remuneration, fees or allowances for expenses as it may determine on recommendation of the Salaries and Remuneration Commission.

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.
11
ESTABLISHMENT OF THE AUTHORITY - 11. Protection from liability
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The Board, its officers and persons authorized to act for it are protected from legal actions for acts or omissions done in good faith while exercising powers or duties under the Act.

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.
12
ESTABLISHMENT OF THE AUTHORITY - 12. Liability of the Board for damages
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The Board must pay compensation to any person for injury to them, their property or interests caused by exercising powers under the Act or by failure (wholly or partially) of any works.

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.
3
ESTABLISHMENT OF THE AUTHORITY - 3. Establishment of the Authority
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The Authority may sue and be sued.

Section 3. Establishment of the Authority Section suing and being sued;
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ESTABLISHMENT OF THE AUTHORITY - 4. Functions of the Authority
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The Authority must develop and promote the pyrethrum industry.

Section 4. Functions of the Authority Section develop and promote the pyrethrum industry;
5
ESTABLISHMENT OF THE AUTHORITY - 5. Powers of the Authority
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The Authority may control, supervise and administer the assets of the Authority.

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;
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ESTABLISHMENT OF THE AUTHORITY - 6. The Board of Management of the Authority
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Establishes a Board of Management of the Authority to administer and manage the affairs of the Authority and lists its membership composition.

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 section 7 . Section 6(3) A person shall not be appointed a member of the Board under subsection (2)(a) and (e) unless that person holds at least a diploma from an institution recognised in Kenya. Section 6(4) The Schedule shall apply in respect of the conduct and regulation of the business and affairs of the Board.
7
ESTABLISHMENT OF THE AUTHORITY - 7. Appointment of the Chief Executive Officer
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The Board shall appoint a Chief Executive Officer of the Authority; the CEO must manage day-to-day affairs, is an ex officio member and Secretary to the Board, and must meet specified degree and experience qualifications.

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.
8
ESTABLISHMENT OF THE AUTHORITY - 8. Appointment of staff and Committees
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The Board may appoint officers and other staff and may establish committees; the Cabinet Secretary may approve staff terms and conditions.

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.
9
ESTABLISHMENT OF THE AUTHORITY - 9. Delegation of duties
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The Board may, by resolution, delegate its powers, functions or duties to committees, members, officers, employees or agents.

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.

Part III

FINANCIAL PROVISIONS

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FINANCIAL PROVISIONS - 13. Establishment of the Fund
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Establishes the Pyrethrum Development Fund administered by the Board, lists fund sources, allowable uses, and governance powers including Cabinet Secretary prescription of allocation percentages after consulting the Board and Board authority to issue management guidelines and loan terms.

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 guarantee on which loans and advances are to be made and the manner of recovery of credit or advances from pyrethrum growers, formulators, dealers and processors. Section 13(6) Unless the Treasury otherwise directs, the receipts, earnings or accruals of the Fund and its balances at the close of each financial year shall not be paid into the Consolidated Fund, but shall be retained for the purposes of the Fund.
14
FINANCIAL PROVISIONS - 14. Pyrethrum Development Levy
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The Cabinet Secretary may, after consulting the Board, impose a Pyrethrum Development Levy, and the Cabinet Secretary shall prescribe the percentage of that levy.

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.
15
FINANCIAL PROVISIONS - 15. Financial year
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The Fund's financial year is the twelve‑month period ending on the thirtieth of June each year.

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.
16
FINANCIAL PROVISIONS - 16. Annual estimates
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The Board must prepare estimates of the Fund's revenue and expenditure at least three months before each financial year and the Board must approve the annual estimates before the financial year begins.

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.
17
FINANCIAL PROVISIONS - 17. Accounts and audit
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The Board must keep proper accounting records for the Fund and the Authority; the Controller and Auditor-General must audit those accounts under the Public Audit Act and must report the examination and audit of the Authority's accounts to the Cabinet Secretary as soon as reasonably practicable after the financial year ends.

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.
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FINANCIAL PROVISIONS - 18. Investment of funds
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The Board may invest funds not immediately required and may place deposits, subject to National Treasury approval for deposits.

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.

Part IV

LICENSING AND REGISTRATION

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LICENSING AND REGISTRATION - 19. Requirement of licence
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Individuals may not operate as dealers, processors or commercial nursery operators unless they hold a current licence issued by the Authority.

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.
20
LICENSING AND REGISTRATION - 20. Conditions for Issue of licence
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Licences must specify premises; licences are valid for five years from issuance unless revoked; the Cabinet Secretary may prescribe fees after consulting the Board.

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.
21
LICENSING AND REGISTRATION - 21. Catchment area to be defined
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A processor cannot be licensed unless its catchment area is defined; a catchment area may include multiple processors; and no person may be denied a licence solely because they share a catchment area with another processor.

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.
22
LICENSING AND REGISTRATION - 22. Access to intellectual property rights
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The Authority must provide access to intellectual property rights to a licensed 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.

Part V

MISCELLANEOUS

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MISCELLANEOUS - 23. Seal of the Board
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The Authority's common seal must be authenticated by the signatures of the Chairperson and the Secretary; alternates may authenticate in their absence; documents so sealed are deemed instruments and officially and judicially noticed.

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

Section 24. Offences by corporate body Section the act or omission constituting the offence took place without his knowledge; or
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MISCELLANEOUS - 25. General Penalty
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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 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.
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MISCELLANEOUS - 26. Rules
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The Cabinet Secretary may make Rules, after consulting the Board, to better carry out the provisions of this Act.

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.

Part VI

REPEAL AND TRANSITIONAL PROVISIONS

27
REPEAL AND TRANSITIONAL PROVISIONS - 27. Repeal of Cap. 340
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Section 27 repeals the Pyrethrum Act, transfers the former Board's funds, rights and obligations to the Authority, preserves certain directions and estimates, continues Authority commercial functions for up to three years, and defines "appointed day" and "former Board".

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 made by the Board or the Cabinet Secretary under this Act; Section 27(2)(f) the Authority shall continue to carry out the commercial functions of purchasing and processing pyrethrum flowers, which were, before the commencement of this Act, carried out by the former Board, for a period of not more than three years upon commencement of this Act but the provisions of this paragraph shall not be construed to preclude the licensing of any new processors within the three year period. Section 27(3) A person who, immediately before the commencement of this Act, was an officer, agent or member of staff of the former Board, not being then under a notice of dismissal or resignation shall, upon commencement of this Act, become an officer, agent or staff of the Authority. Section 27(4)(a) "appointed day" means the date on which this Act shall come into force; Section 27(4)(b) "former Board" means the Kenya Pyrethrum Board established under the Pyrethrum Act (Repealed).

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