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Kenya Act or statute

Parliament of Kenya

Tea Act

This Act may be cited as the Tea Act. This section provides definitions of terms used in the Act. The Board of Directors may create committees and may co-opt additional persons to sit on those committees when their…

Jurisdiction
Kenya
Structure
80 provisions
Citation
Cap. 343
Dates
As at 31 Dec 2022
More statute details
Dates
As at 31 Dec 2022

Source attribution: Source: Kenya Law

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01

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“This Act may be cited as the Tea Act.”

This Act may be cited as the Tea Act. This section provides definitions of terms used in the Act. The Board of Directors may create committees and may co-opt additional persons to sit on those committees when their knowledge and skills are necessary for the Board to perform its functions and exercise its powers. The Board of Directors may, by resolution, delegate any of its powers or functions to a committee, member, officer, employee or agent of the Board. The Board of Directors shall be paid such remuneration or allowance as the Cabinet Secretary, in consultation with the Salaries and Remuneration Commission, shall determine.

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Showing 80 of 80 provisions

Provision 50Offence 20Commencement 7Interpretation 2

Part I

PRELIMINARY

§ 1PRELIMINARY - 1. Short titleShort title

This Act may be cited as the Tea Act.

Section 1. Short title Section This Act may be cited as the Tea Act.
Section 1Verify source
§ 2PRELIMINARY - 2. InterpretationInterpretation

This section provides definitions of terms used in the Act.

Section 2. Interpretation Section In this Act— "auction" means a physical or electronic system where potential buyers place competitive bids for tea; "auction organizer" means a person, company or firm established for the purpose of organizing tea auctions in Kenya; "blending" means the art of mixing of teas of different types and grades to affect the flavour and characteristics of the tea for the purposes of packing and sale; "Board" means the Tea Board of Kenya established under section 3 ; "broker" means a person or company or firm established for the purpose of negotiating the purchase or sale of tea between tea growers or tea factories and buyers for a fee; "buyer" means a person, company or a firm engaged in acquiring made tea for sale in the local or export market, including export of imported tea; "Cabinet Secretary" means the Cabinet Secretary for the time being responsible for matters relating to agriculture; "commercial green leaf transporter" means a person, a firm or a corporate body contracted by a tea factory to provide green leaf transport services from the farm or leaf collection centre to the tea factory at a fee; "commercial tea nursery" means a person or firm who maintains not less than five hundred tea seedlings or tea planting material for sale; "county government" has the meaning assigned to it under Article 176 of the Constitution; "crops inspector" means a person appointed as an inspector in accordance with section 49 of the Act; "export" means to take tea or cause tea to be taken out of the Kenya customs territory or out of an Export Processing Zone; "exporter" means a person, a firm, or a corporate body engaged in the business of blending, packaging and exporting of tea in bulk or in value added form; "Foundation" means the Tea Research Foundation established under section 55 ; "Fund" means the Tea Fund established under section 54 ; "grower" means any person who is cultivating tea in an area; "green leaf agreement" means an agreement between a tea grower and a tea factory relating to the delivery of green leaf; "import" means to bring tea into or cause to be brought into the Kenya customs territory or into an Export Processing Zone; "importer" means a person, a firm, or a corporate body engaged in the business of importing tea into Kenya; "large scale tea grower" means a person cultivating tea in a parcel of land above fifty acres; "levy" means the levy imposed by the Cabinet Secretary on tea exports and imports in accordance with section 53 ; "licensee" means a person who holds a manufacturing licence issued under the Act; "made tea" means the derivative from tea leaf through a manufacturing process; "management agent" means any person that is appointed by a tea factory through a specific management contract or agreement to perform or offer professional services other than company secretary services; "manufacture" means the mechanical or chemical processing and conversion of green tea leaf into made tea or other tea products and includes the packaging, labelling, distribution of tea and tea products for sale; "manufacturing licence" means a licence issued under section 25 ; "medium scale tea grower" means a person cultivating tea in a parcel of land of between ten and fifty acres; "person" includes a firm, a company, an association, cooperative society or a corporate body; "small scale tea grower" means a grower cultivating tea in a parcel of land of less than ten acres; "specialty teas" means premium teas manufactured whole leaf, semi-aerated or non-aerated and includes green, purple, white, oolong and orthodox but does not include black curl tear and cut teas; "tea" means the plant botanically known as camellia sinensis and includes its seed, tea plants and the leaf, whether on the plant or detached therefrom, and in the latter case, whether green tea or manufactured tea; "tea block" means a block set out in the Third Schedule within which tea is grown; "tea dealer" includes a warehouse operator, buyer, exporter, importer, broker, packer, manufacturer, management agent, and auction organizer; "tea factory" means a factory that processes and manufactures tea leaf into made tea; "tea grower" means a person who grows tea or cultivates tea in Kenya; "tea packer" any person who blends, brands and packs tea into packets or containers holding not more than ten kilograms of tea intended for sale locally or for export; "value addition" means improvements on made tea through packaging, blending, flavouring, tea extracts, tea aroma and branding; "warehouse" means a premise used for the storage of made tea and specialty tea by a warehouse operator; and "warehouse operator" means a company registered in Kenya which is in the business of storing tea.
Section 2Verify source

Part II

THE TEA BOARD OF KENYA

§ 10THE TEA BOARD OF KENYA - 10. Committees of the BoardProvision

The Board of Directors may create committees and may co-opt additional persons to sit on those committees when their knowledge and skills are necessary for the Board to perform its functions and exercise its powers.

Section 10. Committees of the Board Section 10(1) The Board of Directors may establish such committees as it may consider necessary for the efficient performance of its functions and the exercise of its powers under this Act. Section 10(2) The Board of Directors may co-opt to sit in the committees established under subsection (1), such other persons whose knowledge and skills are necessary for the performance of the functions of the Board.
Section 10Verify source
§ 11THE TEA BOARD OF KENYA - 11. Delegation by the BoardProvision

The Board of Directors may, by resolution, delegate any of its powers or functions to a committee, member, officer, employee or agent of the Board.

Section 11. Delegation by the Board Section The Board of Directors may, by resolution, 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 of the Board under this Act or under any other written law.
Section 11Verify source
§ 12THE TEA BOARD OF KENYA - 12. Remuneration of members of the BoardProvision

The Board of Directors shall be paid such remuneration or allowance as the Cabinet Secretary, in consultation with the Salaries and Remuneration Commission, shall determine.

Section 12. Remuneration of members of the Board Section The Board of Directors shall be paid such remuneration or allowance as the Cabinet Secretary shall, in consultation with the Salaries and Remuneration Commission determine.
Section 12Verify source
§ 13THE TEA BOARD OF KENYA - 13. Chief executive officerProvision

The chief executive officer is to be competitively recruited and appointed by the Board; the CEO manages day-to-day affairs; the CEO serves a three-year term and may be reappointed for another three years upon satisfactory performance.

Section 13. Chief executive officer Section 13(1) The chief executive officer shall be competitively recruited and appointed by the Board on such terms and conditions as the Board shall determine. Section 13(2) The chief executive officer shall be responsible for the day to day management of the affairs of the Board. Section 13(3)(a) holds a relevant degree from a university recognized in Kenya; Section 13(3)(b) has at least ten years knowledge and experience in a relevant field; Section 13(3)(c) has at least five years' experience in a position of management; and Section 13(3)(d) meets the requirements of Chapter Six of the Constitution Section 13(4) The chief executive officer shall serve for a term of three years and is eligible for appointment for a further term of three years upon satisfactory performance.
Section 13Verify source
§ 14THE TEA BOARD OF KENYA - 14. VacancyProvision

Resignation must be in writing and addressed to the chairperson of the Board of Directors.

Section 14. Vacancy Section resigns in writing, addressed to the chairperson of the Board of Directors;
Section 14Verify source
§ 15THE TEA BOARD OF KENYA - 15. Corporation SecretaryProvision

The Board must competitively recruit and appoint a Corporation Secretary, set the secretary's terms upon advice of the Salaries and Remuneration Commission, the secretary must meet specified qualifications, and the secretary must perform specified governance and filing duties.

Section 15. Corporation Secretary Section 15(1) There shall be a Corporation Secretary who shall be competitively recruited and appointed by the Board. Section 15(2) The terms and conditions of service of the corporation secretary shall be determined by the Board in the instrument of appointment upon the advice of the Salaries and Remuneration Commission. Section 15(3)(a) holds a degree from a recognised university; Section 15(3)(b) is registered under the Certified Public Secretaries of Kenya Act ( Cap. 534 ); Section 15(3)(c) is a member of good standing of the Institute of Certified Public Secretaries of Kenya; Section 15(3)(d) has at least five years' experience in a similar position; and Section 15(3)(e) satisfies the requirements of chapter six of the Constitution. Section 15(4)(a) provide guidance to the Board of Directors on their duties and responsibilities and on matters of governance; Section 15(4)(b) ensure timely preparation and circulation of Board and Committee papers and minutes; Section 15(4)(c) maintain and update the register of conflicts of interest; Section 15(4)(d) facilitate effective communication between the organisation and the shareholders; and Section 15(4)(e) ensure that the annual returns and any other statutory documents required to be filed are promptly filed with the relevant authorities.
Section 15Verify source
§ 16THE TEA BOARD OF KENYA - 16. Staff of the BoardProvision

The Board may employ officers, agents and staff necessary to carry out its functions and may determine their terms and conditions; the Board must take into account gender, regional and ethnic diversity, youth and persons with disabilities when employing staff.

Section 16. Staff of the Board Section 16(1) The Board may employ such officers, agents and staff as are necessary for the proper and efficient discharge of the functions of the Board under this Act and upon such terms and conditions of service as the Board may determine. Section 16(2) In employing staff, the Board shall take into account the gender, regional and ethnic diversities of the people of Kenya, youth and persons with disabilities.
Section 16Verify source
§ 17THE TEA BOARD OF KENYA - 17. Common seal of the BoardProvision

Affixing the Board's common seal must be authenticated by the signature of the chairperson and the chief executive officer or by a person designated by the Board.

Section 17. Common seal of the Board Section The affixing of the common seal of the Board shall be authenticated by the signature of the chairperson and the chief executive officer or a person designated by the Board.
Section 17Verify source
§ 18THE TEA BOARD OF KENYA - 18. Signing authorityProvision

All letters, instruments and Board decisions must be signed by the chief executive officer, or if the chief executive officer is absent, by a person authorised by the Board.

Section 18. Signing authority Section All letters and instruments written or made by or on behalf of the Board of Directors, other than those required by law to be under seal, and all decisions of the Board of Directors, shall be signed under the hand of the chief executive officer or in the absence of the chief executive officer, a person authorized by the Board.
Section 18Verify source
§ 19THE TEA BOARD OF KENYA - 19. Conduct of business of the BoardProvision

The Board of Directors must conduct its business and affairs in accordance with the First Schedule.

Section 19. Conduct of business of the Board Section The business and affairs of the Board of Directors shall be conducted in accordance with the First Schedule.
Section 19Verify source
§ 3THE TEA BOARD OF KENYA - 3. Establishment of BoardProvision

Creates a Board called the Tea Board of Kenya and lists corporate powers including suing and being sued, acquiring and disposing of property, borrowing and lending money, and performing acts necessary to carry out its functions.

Section 3. Establishment of Board Section 3(1) There is established a Board, to be known as the Tea Board of Kenya. Section 3(2)(a) suing and being sued; Section 3(2)(b) purchasing or otherwise acquiring, holding, charging and disposing of movable and immovable property; Section 3(2)(c) borrowing and lending money; and Section 3(2)(d) doing or performing all other things or acts necessary for the proper performance of its functions under this Act which may lawfully be done or performed by a body corporate.
Section 3Verify source
§ 4THE TEA BOARD OF KENYA - 4. HeadquartersProvision

The Board's headquarters must be in Nairobi City County, and the Board may establish branches in Kenya as it considers necessary for efficient performance of its functions.

Section 4. Headquarters Section 4(1) The headquarters of the Board shall be in Nairobi City County. Section 4(2) The Board may establish such branches in Kenya as it may consider necessary for the efficient performance of its functions.
Section 4Verify source
§ 5THE TEA BOARD OF KENYA - 5. Functions of the BoardProvision

The Board must develop, promote and regulate the development of the tea industry.

Section 5. Functions of the Board Section develop, promote and regulate the development of the tea industry;
Section 5Verify source
§ 6THE TEA BOARD OF KENYA - 6. Powers of the BoardProvision

Section 6 lists the powers of the Board, including entering contracts; managing and administering the Board's assets and Tea Fund; receiving and disbursing gifts and grants in accordance with the Act; collaborating with bodies within or outside Kenya; determining expenditure and reserves; investing funds (subject to Cabinet Secretary approval); operating a bank account; and creating or joining bodies to promote the tea industry.

Section 6. Powers of the Board Section 6(1)(a) enter into contracts; Section 6(1)(b) manage, control and administer the assets of the Board; Section 6(1)(c) receive gifts, grants, donations or endowments made to the Board and make disbursement therefrom in accordance with the provisions of this Act; Section 6(1)(d) collaborate with such bodies or organizations within or outside Kenya as it may consider desirable or appropriate and in furtherance of the object and purpose for which the Board is established; Section 6(1)(e) determine the provisions to be made for capital and recurrent expenditure and for the reserves of the Board; Section 6(1)(f) ensure the proper and effective performance of the functions of the Board; Section 6(1)(g) manage, control and administer the Tea Fund for purposes that promote the object and purpose of this Act; Section 6(1)(h) subject to the approval of the Cabinet Secretary for the time being responsible for matters relating to finance, invest any of the Board's funds not immediately required for the purposes of this Act, as it may determine; and Section 6(1)(i) operate a bank account into which all monies received by the Board shall be paid in the first instance and out of which all payments made by the Board shall be made. Section 6(2) The Board may, if it considers it necessary, create or take part in the creation of, become a member of, or associate with a body or corporation designed to assist or promote the tea industry.
Section 6Verify source
§ 7THE TEA BOARD OF KENYA - 7. Membership of BoardProvision

Section 7 describes who are members of the Tea Board, including a chairperson appointed by the President (by notice in the Gazette), specified Principal Secretaries or their nominees, nominated and elected representatives from tea blocks and growers, traders, and a chief executive officer who is an ex‑officio member; the Cabinet Secretary shall appoint certain members by Gazette and the chairperson appointment requires a degree and relevant tea-sector experience.

Section 7. Membership of Board Section 7(1)(a) a chairperson appointed by the President by notice in the Gazette ; Section 7(1)(b) the Principal Secretary responsible for agriculture or a representative nominated by the Principal Secretary in writing; Section 7(1)(c) the Principal Secretary responsible fpr trade or a representative nominated by the Principal Secretary in writing; Section 7(1)(d) the Principal Secretary responsible for National Treasury or a representative nominated by the Principal Secretary in writing; Section 7(1)(e) one person of either gender, who shall have knowledge and experience in the tea sector and be from either the East and West tea blocks, nominated alternatingly by the Council of Governors; Section 7(1)(f) four persons, two of either gender, representing and elected by small scale and medium scale tea growers from the East and West of the tea blocks: Provided that two persons shall be from each of the tea blocks; Section 7(1)(g) one person elected and representing large scale tea growers; Section 7(1)(h) one person elected and representing tea traders; Section 7(1)(i) a chief executive officer appointed in accordance with section 13 who shall be an ex-officio member of the Board. Section 7(2) The Cabinet Secretary shall appoint the members under subsection (1) (d), (e), (f) and (g) by notice in the Gazette . Section 7(3) The appointment of the chairperson or members of the Board under subsection (1) (a), (d), (e), (f) and (g) and shall take into account the gender, regional and other diversities of the people of Kenya. Section 7(4) A person shall not be appointed to be a chairperson of the Board of Directors unless that person holds at least a degree or its equivalent in any discipline from an institution recognized in Kenya and has relevant experience in the tea sector.
Section 7Verify source
§ 8THE TEA BOARD OF KENYA - 8. Term of appointmentProvision

Specified appointees serve three-year terms, renewable once; appointments must be staggered so expiries fall at different times, with no more than six months between appointments.

Section 8. Term of appointment Section 8(1) The persons appointed under section 7 (1)(a), (d), (e), (f), and (g) shall serve for a term of three years renewable for one further term. Section 8(2) The persons appointed under section 7 (1)(a), (d), (e), (f) and (g) shall be appointed at different times so that their respective expiry of terms of office shall fall at different times but not more than six months shall lapse between one appointment and another.
Section 8Verify source
§ 9THE TEA BOARD OF KENYA - 9. Vacation of officeProvision

States: 'Section is absent from three consecutive meetings of the Board without notifying the chairperson.'

Section 9. Vacation of office Section is absent from three consecutive meetings of the Board without notifying the chairperson;
Section 9Verify source

Part III

REGULATORY PROVISIONS

§ 20REGULATORY PROVISIONS - 20. Role of national and county governments in the development of teaProvision

Section 20(1)(a): the Board, on behalf of the national government, must be responsible for licensing and charging of levies; Section 20(2): the national and county governments must provide an enabling environment for the development of the tea sector.

Section 20. Role of national and county governments in the development of tea Section 20(1)(a) the Board, on behalf of the national government, shall be responsible for licensing and charging of levies; Section 20(1)(b) the development of tea grown within the county; Section 20(1)(b)(i) the development of tea grown within the county; Section 20(1)(b)(ii) tea disease and pest control; Section 20(1)(b)(iii) markets within the county; Section 20(1)(b)(iv) cooperative societies within the county; Section 20(1)(b)(v) register commercial tea nursery operators; and Section 20(1)(b)(vi) soil and water conservation. Section 20(2) In order to achieve the objects and purposes of this Act, the national and county governments shall provide an enabling environment for the development of the tea sector.
Section 20Verify source
§ 21REGULATORY PROVISIONS - 21. Registration of small scale tea growers and medium scale tea growersOffence

Section 21. Registration of small scale tea growers and medium scale tea growers Section 21(1) A small scale tea grower and medium scale tea grower shall register with the tea factory to which the respective tea growers deliver green leaf

Section 21. Registration of small scale tea growers and medium scale tea growers Section 21(1) A small scale tea grower and medium scale tea grower shall register with the tea factory to which the respective tea growers deliver green leaf or purple leaf using the prescribed form. Section 21(2) The Cabinet Secretary shall prescribe regulations providing for the procedure for registration of small scale tea growers and medium scale tea growers and the appeal process in case of refusal or denial of registration. Section 21(3)(a) the name of the small scale tea grower and medium scale tea grower; Section 21(3)(b) the location, size and parcel number of the land on which the tea is grown; Section 21(3)(c) the net weight in kilogrammes of green leaf delivered and amount paid submitted annually; Section 21(3)(d) the variety of tea grown; and Section 21(3)(e) such other information as the Board may prescribe. Section 21(4) Where the tea factory has reasonable cause to believe that a person whose particulars are so recorded has ceased to be a small scale tea grower and medium scale tea grower, it may, after giving that person written notification by registered post of its intention to do so, remove their name from the register. Section 21(5) The register referred to in subsection (6) shall be prima facie proof of the fact that a person is a registered small scale tea grower or medium scale tea grower. Section 21(6) The tea factory shall furnish the Board with particulars of all registered small scale tea growers or medium scale tea growers in such manner as the Board may prescribe. Section 21(7) A person shall not sell or offer for sale green leaf unless the person is registered with a tea factory in accordance with this Act. Section 21(8) A tea factory shall only buy green leaf from its registered tea growers. Section 21(9) A small scale tea grower or medium scale tea grower shall not sell green leaf to any person other than the tea factory where they are registered. Section 21(10) A small scale tea grower or medium scale tea grower wishing to change the tea factory where they deliver their green leaf shall inform their respective tea factory by giving a minimum notice of thirty days. Section 21(11) A person who contravenes the provisions of this section commits an offence and shall, on conviction, be liable to a fine not exceeding one hundred thousand shillings, or imprisonment for a term not exceeding six months, or to both.
Section 21Verify source
§ 22REGULATORY PROVISIONS - 22. Board of directors of tea factory limited companiesProvision

The Board of Directors of tea factory limited companies must have at most five members; must put in place mechanisms so no more than two-thirds are of the same gender; must be elected by one grower, one vote; and the Board may appoint a replacement from the respective block during a member's temporary absence.

Section 22. Board of directors of tea factory limited companies Section 22(1) The Board of Directors of tea factory limited companies shall be a maximum of five members. Section 22(2) The Board shall put in place mechanisms to ensure that not more than two-thirds of the Board of Directors of tea factory limited companies elected or appointed are of the same gender. Section 22(3) The Board of Directors of tea factory limited companies shall be elected through a democratic system of one grower, one vote. Section 22(4) Where a Board member for tea factory limited company is temporarily unable to perform their duties, the Board may appoint another person from the respective block to act in their place during the period of absence.
Section 22Verify source
§ 23REGULATORY PROVISIONS - 23. Registration of large scale tea growersOffence

Large scale tea growers must register with the Board in a prescribed form and pay the prescribed fee; the Cabinet Secretary must make regulations for registration procedure and appeals; growing tea without registration is an offence punishable by a fine up to one million shillings, or imprisonment up to two years, or both.

Section 23. Registration of large scale tea growers Section 23(1) A large scale tea grower shall register with the Board in a prescribed form and shall pay the prescribed fee. Section 23(2) The Cabinet Secretary shall prescribe regulations providing for the procedure for registration of large scale tea growers and the appeal process in case of refusal or denial of registration. Section 23(3) A person who grows tea in contravention of subsection (1) commits an offence and shall, on conviction, be liable to a fine not exceeding one million shillings, or imprisonment for a term not exceeding two years, or to both.
Section 23Verify source
§ 24REGULATORY PROVISIONS - 24. Tea grower certificateProvision

The manager of a tea factory must issue a certificate of registration to small, medium or large scale tea growers in the form prescribed in regulations.

Section 24. Tea grower certificate Section The manager of a tea factory shall issue a certificate of registration to a small scale tea grower, medium scale tea grower or a large scale tea grower in the form prescribed in regulations.
Section 24Verify source
§ 25REGULATORY PROVISIONS - 25. Licencing of manufacturersProvision

Persons must not manufacture tea for sale except under a licence; applicants must apply to the Board in a prescribed form and pay the prescribed fee; the Board may issue, refuse, cancel, vary or suspend licences and must ensure certain procurement policies for tea factory limited companies before issuing or renewing licences.

Section 25. Licencing of manufacturers Section 25(1) A person shall not manufacture tea for sale except under and in accordance with a licence issued under this Act. Section 25(2) A person shall apply for a manufacturing licence to the Board in a prescribed form and shall pay the prescribed fee. Section 25(3)(a) issue a manufacturing licence, in accordance with this Act; Section 25(3)(b) refuse to issue the licence on any ground which may appear to the Board to be sufficient and inform the applicant in writing of the reasons thereof; Section 25(3)(c) cancel, vary or suspend any licence if in the findings of the Board, the licensee is found to have contravened the regulations made under this Act for the operation of manufacturing entities. Section 25(4) A manufacturing licence issued under this section shall in addition to authorizing the holder to carry on the business set out in subsection (1), also authorize the holder to carry out the business of packing and blending tea. Section 25(5) Before the issuance or renewal of a manufacturing licence for a tea factory limited company the Board shall satisfy itself that the applicant has a procurement policy providing for competitive procurement of goods and services.
Section 25Verify source
§ 26REGULATORY PROVISIONS - 26. Register of manufacturersProvision

Register of manufacturers: the full names of the manufacturer.

Section 26. Register of manufacturers Section the full names of the manufacturer;
Section 26Verify source
§ 27REGULATORY PROVISIONS - 27. Illegal manufacture, possession, etcOffence

Makes certain manufacture, possession or dealing with tea contrary to the Act an offence and prescribes penalties including fines up to ten million shillings and imprisonment up to five years; provides deeming rules for unexplained possession and requires courts to order forfeiture of tea and conveyances used in the offence subject to limited judicial discretion.

Section 27. Illegal manufacture, possession, etc Section 27(1)(a) manufactures tea for sale in contravention of this Act; Section 27(1)(b) has been grown, manufactured or processed otherwise than in accordance with this Act; Section 27(1)(b)(i) has been grown, manufactured or processed otherwise than in accordance with this Act; Section 27(1)(b)(ii) is from a non-registered grower or dealer of such crop. Section 27(2) A person who commits an offence under subsection (1) shall be liable, on conviction, to a fine not exceeding ten million shillings, or to imprisonment for a term not exceeding five years, or both. Section 27(3) If a person is in possession or has control of tea for which the person is unable to account to the satisfaction of a crop inspector under this Act, such tea shall be deemed to have been grown, manufactured or dried otherwise than in accordance with this Act until the contrary is proved. Section 27(4) If a person is convicted of an offence under this section, the court shall order that any tea and any vehicle, vessel or other conveyance in relation to which an offence has been committed shall be forfeited to the Government unless, in the case of a vehicle, vessel or other conveyance, the court deems it necessary, for reasons to be recorded by it in writing, not to do so.
Section 27Verify source
§ 28REGULATORY PROVISIONS - 28. Registration of warehouse operatorOffence

Warehouse operators must register with the Board; persons must not store tea unless registered; the Cabinet Secretary must make regulations for registration and appeals; contravening subsection (2) is an offence punishable by imprisonment up to three years or a fine not exceeding five million shillings or both.

Section 28. Registration of warehouse operator Section 28(1) Every warehouse operator shall register with the Board. Section 28(2) A person shall not store tea unless the person is registered in accordance with this Act. Section 28(3) The Cabinet Secretary shall prescribe regulations providing for the procedure for registration of warehouse operators and the appeal process in case of refusal or denial of registration. Section 28(4) A person who contravenes subsection (2) commits an offence and shall on conviction be liable to imprisonment for a term not exceeding three years or to a fine not exceeding five million shillings or to both.
Section 28Verify source
§ 29REGULATORY PROVISIONS - 29. Registration of tea packersOffence

Tea packers must register with the Board; unregistered persons must not pack tea; the Cabinet Secretary must make regulations for registration and appeals; contravention is an offence punishable by up to three years imprisonment or a fine up to five million shillings or both.

Section 29. Registration of tea packers Section 29(1) Every tea packer shall register with the Board. Section 29(2) A person shall not pack tea unless the person is registered in accordance with this Act. Section 29(3) The Cabinet Secretary shall prescribe regulations providing for the procedure for registration of tea packers and the appeal process in case of refusal or denial of registration. Section 29(4) A person who contravenes subsection (2) commits an offence and shall, on conviction, be liable to imprisonment for a term not exceeding three years or to a fine not exceeding five million shillings or to both.
Section 29Verify source
§ 30REGULATORY PROVISIONS - 30. Registration of a tea buyer, exporter or importerOffence

People intending to buy, export or import tea must register with the Board; carrying on those businesses without registration is prohibited; the Cabinet Secretary must make registration regulations; contravention is an offence punishable by imprisonment up to three years or a fine up to five million shillings or both.

Section 30. Registration of a tea buyer, exporter or importer Section 30(1) A person who intends to carry on the business of tea buying, tea exporting or tea importing shall register with the Board. Section 30(2) A person shall not carry on the business of buying tea, exporting or importing tea unless the person is registered in accordance with this Act. Section 30(3) The Cabinet Secretary shall prescribe regulations providing for the procedure for registration of tea buyers, tea exporters and tea importers and the appeal process in case of refusal or denial of registration. Section 30(4) A person who contravenes this section commits an offence and shall on conviction be liable to imprisonment for a term not exceeding three years or to a fine not exceeding five million shillings or to both.
Section 30Verify source
§ 31REGULATORY PROVISIONS - 31. Tea importsOffence

Section 31 sets pre-import requirements for tea imports (evidence of local unavailability, sample and pre-import verification certificate, and pre-import approval) and prescribes penalties for contravention.

Section 31. Tea imports Section 31(1)(a) provide evidence that the teas they intend to import are not available in the local market or at the tea auction; Section 31(1)(b) provide a sample of the teas to be imported and pre-import verification certificate from the country of origin; and Section 31(1)(c) obtain pre-import approval from the Board. Section 31(2) A person who contravenes this section commits an offence and shall, on conviction, be liable to imprisonment for a term not exceeding three years or to a fine not exceeding five million shillings or to both.
Section 31Verify source
§ 32REGULATORY PROVISIONS - 32. Registration of a tea brokerOffence

Tea brokers must register with the Board; unregistered persons may not negotiate tea sales; remuneration to brokers must not exceed 0.75% of gross sales; contraventions of those rules are offences with imprisonment or a fine.

Section 32. Registration of a tea broker Section 32(1) Every tea broker shall register with the Board. Section 32(2) A person shall not negotiate the purchase or sale of tea unless the person is registered in accordance with this Act. Section 32(3)(a) the procedure for registration of a tea broker and the appeal process in case of refusal or denial of registration; Section 32(3)(b) the maximum number of tea factories that shall be served by a tea broker. Section 32(4) The remuneration paid to a tea broker by a tea factory limited company and a tea buyer or exporter for services rendered shall not exceed zero point seven five per centum of the gross sales by the broker. Section 32(5) A person who contravenes subsections (2) and (4) commits an offence and shall, on conviction, be liable to imprisonment for a term not exceeding three years or to a fine not exceeding five million shillings or to both.
Section 32Verify source
§ 33REGULATORY PROVISIONS - 33. Registration of a management agentOffence

Management agents must register with the Board; unregistered persons must not provide professional services to a tea factory; management agents must submit prescribed annual returns to the Board and county government; the Cabinet Secretary may prescribe registration and appeal regulations; contravention is an offence with imprisonment up to three years or a fine up to five million shillings or both.

Section 33. Registration of a management agent Section 33(1) Every management agent shall register with the Board. Section 33(2) A person shall not perform or offer professional services to a tea factory unless the person is registered in accordance with this Act. Section 33(3) Every management agent shall submit annual returns to the Board and a copy to the respective county government in the form prescribed. Section 33(4) The Cabinet Secretary shall prescribe regulations providing for the procedure for registration of a management agent and the appeal process in case of refusal or denial of registration. Section 33(5) A person who contravenes this section commits an offence and shall, on conviction, be liable to imprisonment for term not exceeding three years or to a fine not exceeding five million shillings or to both.
Section 33Verify source
§ 34REGULATORY PROVISIONS - 34. Management agent agreementProvision

Section 34 allows persons intending to manufacture or deal in tea to hire management agents under management agreements, requires management agents to sign agreements with each tea factory they serve, limits management agent remuneration to 1.5% of annual net tea sales, assigns staff costs to management agents, excludes Company Secretarial services from agents' offerings, permits tea factories to recruit or outsource a Company Secretary (and to share one jointly), and prohibits directors from serving in companies with direct or indirect commercial relationships with the tea factory (with a duty to relinquish such positions).

Section 34. Management agent agreement Section 34(1) A person who intends to manufacture or deal in tea may engage the services of a management agent upon such terms and conditions as may be agreed in the management agreement between them. Section 34(2) A management agent shall sign a management agreement with each tea factory limited company that they intend to offer management agent services to. Section 34(3)(a) submitted to the Board for review and approval before execution by parties; and Section 34(3)(b) for a period of five years, and may be renewed upon expiry at the discretion of the tea factory. Section 34(4) The remuneration for services rendered by a management agent to a tea factory limited company shall not exceed one point five per centum of the net sales value of the tea sold per year. Section 34(5) The staff costs for personnel seconded to the tea factory limited company by a management agent shall be borne by the management agent. Section 34(6) Company Secretarial services shall be excluded from services to be offered by a management agent to a tea factory limited company. Section 34(7) A tea factory shall recruit its own in-house Company Secretary or outsource the service. Section 34(8) Despite subsection (7), a tea factory may enter into an arrangement with one or more tea factories to have a joint in-house Company Secretary. Section 34(9) A director of a tea factory shall not serve as a director in another company having a direct or indirect commercial relationship with the tea factory where the person is serving as a director. Section 34(10) Where the provisions of subsection (9) apply, a director of a tea factory shall forthwith relinquish his or her position.
Section 34Verify source
§ 35REGULATORY PROVISIONS - 35. Registration of a tea auction organizerOffence

Tea auction organizers must register with the Board; dealing as an organizer without registration is prohibited; the Cabinet Secretary must make registration regulations; contravention carries up to three years' imprisonment or a fine of up to five million shillings or both.

Section 35. Registration of a tea auction organizer Section 35(1) Every tea auction organizer shall register with the Board. Section 35(2) A person shall not deal in tea as a tea auction organizer unless the person is registered in accordance with this Act. Section 35(3) The Cabinet Secretary shall prescribe regulations providing for the procedure for registration of a tea auction organizer and the appeal process in case of refusal or denial of registration. Section 35(4) A person who contravenes this section commits an offence and shall on conviction be liable to imprisonment for a term not exceeding three years or to a fine not exceeding five million shillings or to both.
Section 35Verify source
§ 36REGULATORY PROVISIONS - 36. Auction processProvision

Sets mandatory auction procedures for tea exports: registration for tea factory companies, electronic auction platform, payment and remittance timing, and trading rules approval.

Section 36. Auction process Section 36(1) All teas processed and manufactured in Kenya for the export market with the exception of orthodox and specialty teas shall be offered for sale exclusively at the tea auction floor. Section 36(2) All tea factory limited companies shall register with the Board and the auction organizer to participate in the tea auction directly and not through management agents. Section 36(3) An auction organizer shall establish an electronic trading platform for the auction of tea that will be usable and accessible to all players in the value chain. Section 36(4) A buyer shall pay in full the value of the tea bids they have won at the auction before collecting or taking custody of the tea. Section 36(5) Tea brokers, buyers and the auction organizers shall ensure that the proceeds from the sale of tea are remitted to the tea factories accounts within fourteen days from the date of the auction. Section 36(6)(a) at least fifty per centum of payment due for green leaf delivered every month; Section 36(6)(b) the balance due to the tea grower within three months from the end of financial year. Section 36(7) An auction organizer shall develop trading rules to govern its operations and the trading rules shall be submitted to the Board for approval.
Section 36Verify source
§ 37REGULATORY PROVISIONS - 37. Registration of commercial green leaf transportersOffence

Persons intending to operate as commercial green leaf transporters must register with the Board; carrying on that business without registration is prohibited; the Cabinet Secretary must make regulations for registration and appeals; contravention of the registration prohibition is an offence punishable by imprisonment not exceeding three years or a fine not exceeding five million shillings or both.

Section 37. Registration of commercial green leaf transporters Section 37(1) A person who intends to carry on the business of commercial green leaf transporter shall register with the Board. Section 37(2) A person shall not carry on the business of commercial green leaf transporter unless the person is registered in accordance with this Act. Section 37(3) The Cabinet Secretary shall prescribe regulations providing for the procedure for registration of commercial green leaf transporters and the appeal process in case of refusal or denial of registration. Section 37(4) A person who contravenes subsection (2) commits an offence and shall, on conviction, be liable to imprisonment for a term not exceeding three years or to a fine not exceeding five million shillings or to both.
Section 37Verify source
§ 38REGULATORY PROVISIONS - 38. Registration of a commercial tea nurseryOffence

Persons intending to establish a commercial tea nursery must register with the county government; establishing without registration is prohibited; the Cabinet Secretary will make regulations for registration procedure and appeals; contravention is an offence punishable by up to three years' imprisonment or a fine not exceeding five million shillings or both.

Section 38. Registration of a commercial tea nursery Section 38(1) A person who intends to establish a commercial tea nursery shall register with the county government where they intend to establish a tea nursery. Section 38(2) A person shall not establish a commercial tea nursery unless the person is registered in accordance with this Act. Section 38(3) The Cabinet Secretary shall prescribe regulations providing for the procedure for registration of commercial tea nurseries and the appeal process in case of refusal or denial of registration. Section 38(4) A person who contravenes subsection (2) commits an offence and shall, on conviction, be liable to imprisonment for a term not exceeding three years or to a fine not exceeding five million shillings or to both.
Section 38Verify source
§ 39REGULATORY PROVISIONS - 39. Considerations before registration and licensing and renewalProvision

The Board must consider specified compliance and fitness factors before granting, renewing or licensing registrations.

Section 39. Considerations before registration and licensing and renewal Section 39(1)(a) the applicant has complied with the provisions of this Act and any other relevant law; and Section 39(1)(b) the applicant or the directors of the company are fit and proper for the function for which they seek a licence or registration. Section 39(2)(a) whether they have taken part in any business practice in the tea value chain that in the opinion of the Board was fraudulent, prejudicial or otherwise improper; or which otherwise discredited their method of doing business; and Section 39(2)(b) whether they have been directors of a company or entity whose licence or registration certificate has previously been revoked or suspended by the Board for any cause. Section 39(3) In determining whether a person or director is fit and proper, the Board shall have due regard to the provisions of the Fair Administrative Action Act (Cap. 7J), the Companies Act (Cap. 486) and any other relevant law.
Section 39Verify source
§ 40REGULATORY PROVISIONS - 40. Conditions of a licenceProvision

A licence issued under this Act is subject to conditions the Board may determine, conditions specified in the licence, and any prescribed conditions; the Board must consider an applicant's professional and moral suitability and satisfy itself that the applicant is a fit and proper person, with assessment criteria prescribed in the Second Schedule.

Section 40. Conditions of a licence Section 40(1) A licence issued under this Act shall be subject to such conditions as the Board may determine and as are specified in the licence and to any conditions which may be prescribed. Section 40(2) The Board shall consider the professional and moral suitability of a person applying for a license and satisfy itself that such a person is a fit and proper person for the grant of the license. Section 40(3) For the purposes of this section, the criteria for assessing the professional or moral suitability of a person applying for a license shall be as prescribed in the Second Schedule. Section 40(4)(a) the financial condition and history of the applicant; Section 40(4)(b) the integrity of its management; Section 40(4)(c) the professional and moral suitability of the persons proposed to manage or control applicant; Section 40(4)(d) the adequacy of the capital structure of the applicant; and Section 40(4)(e) the public interest which will be served by the granting of the licence. Section 40(5)(a) vary the conditions of the licence; or Section 40(5)(b) impose conditions or further conditions on the licence.
Section 40Verify source
§ 41REGULATORY PROVISIONS - 41. Application for renewal of a licenceProvision

An application for renewal of a licence must be made to the Board in a prescribed form not later than the first day of June in which the current licence is due to expire; a late application may be made on payment of a late application fee as prescribed by the Board.

Section 41. Application for renewal of a licence Section 41(1) An application for the renewal of a licence under this Act shall be made to the Board in a form prescribed not later than the first day of the month of June in which the current licence is due to expire. Section 41(2) Despite subsection (1), a late application may be made upon payment of a late application fee as may be prescribed by the Board.
Section 41Verify source
§ 42REGULATORY PROVISIONS - 42. Revocation or alteration of a licenceOffence

A licence may be revoked or altered if an offence under this Act or in relation to the licensed activity under any other written law has been committed by the licence holder or any employee of the licence holder.

Section 42. Revocation or alteration of a licence Section an offence under this Act, or in respect of the licensed activity under any other written law, has been committed by the licence holder or any employee of the licence holder; or
Section 42Verify source
§ 43REGULATORY PROVISIONS - 43. Surrender of licenceProvision

If a licence is revoked, the licence holder must immediately surrender it to the Board; separately, a licence holder may at any time surrender the licence to the Board and the licence then ceases to have effect immediately.

Section 43. Surrender of licence Section 43(1) The holder of a licence which is revoked shall immediately surrender it to the Board. Section 43(2) A licence holder may at any time surrender the licence to the Board and the licence shall cease to have effect immediately.
Section 43Verify source
§ 44REGULATORY PROVISIONS - 44. Appeals to the High CourtProvision

An appeal must be lodged within thirty days from the date the appellant first received notice of the decision.

Section 44. Appeals to the High Court Section 44(1)(a) the grant, refusal, renewal, variation or revocation; or Section 44(1)(b) the conditions imposed on the grant, renewal or variation, of a licence. Section 44(2) An appeal under this section shall be lodged within thirty days from the date on which the appellant first received notice of the decision.
Section 44Verify source
§ 45REGULATORY PROVISIONS - 45. Approval of fees chargedProvision

Fees, commissions or other dues charged by a broker, management agent or an auction organizer must be subject to prior approval by the Board.

Section 45. Approval of fees charged Section Any fee, commission or other dues charged by a broker, management agent or an auction organizer shall be subject to prior approval by the Board.
Section 45Verify source
§ 46REGULATORY PROVISIONS - 46. Declaration of blended teasOffence

If a person blends Kenyan tea with tea produced outside Kenya they must declare the percentage of Kenyan tea on the packaging and on the blend sheet.

Section 46. Declaration of blended teas Section 46(1) A person who blends any or various grades of tea produced in Kenya with any other tea produced outside Kenya shall declare the percentage of Kenyan tea on the packaging and on the blend sheet. Section 46(2) A person who contravenes this section commits an offence and shall, on conviction, be liable to imprisonment for a term not exceeding three years or to a fine not exceeding five million shillings or to both.
Section 46Verify source
§ 47REGULATORY PROVISIONS - 47. Taxation of teaProvision

County governments must not impose fees that prejudice national economic policies or mobility; the Cabinet Secretary must put in place mechanisms, using Intergovernmental Relations Act structures, to harmonize fees and charges on tea across counties.

Section 47. Taxation of tea Section 47(1) Fees imposed by a county government shall not in any way prejudice national economic policies, economic activities across county boundaries or national mobility of goods, services, capital or labour. Section 47(2) The Cabinet Secretary shall, using the structures established under the Intergovernmental Relations Act (Cap. 265F), put in place mechanisms to harmonize fees and charges on tet1 across counties.
Section 47Verify source
§ 48REGULATORY PROVISIONS - 48. Tea value additionCommencement

Tea buyers or exporters must value-add at least 40% of their annual Kenyan tea exports within eight years of the Act's commencement; the Cabinet Secretary must facilitate a Common User Facility for tea value addition in accordance with regulations and consultation with the Board.

Section 48. Tea value addition Section 48(1) All tea buyers or exporters shall value add at least forty per centum of their annual Kenya tea exports within eight years of the commencement of this Act. Section 48(2) The Cabinet Secretary shall in accordance with regulations made under this Act and in consultation with the Board, facilitate the establishment of Common User Facility for tea value addition as may be prescribed.
Section 48Verify source

Part IV

APPOINTMENT OF CROP INSPECTORS

§ 49APPOINTMENT OF CROP INSPECTORS - 49. Appointment of crop inspectorsProvision

The Board may appoint qualified persons as crop inspectors and may, by regulation, set the qualifications for a crop inspector.

Section 49. Appointment of crop inspectors Section 49(1) The Board may appoint qualified persons to be crop inspectors for the purposes of this Act. Section 49(2) For purposes of subsection (1), the Board may, by regulations, prescribe the qualifications for a crop inspector.
Section 49Verify source
§ 50APPOINTMENT OF CROP INSPECTORS - 50. Entry and inspectionProvision

Provides for entry and inspection of land or buildings occupied by the holder of a manufacturing licence or a person registered under this Act.

Section 50. Entry and inspection Section enter any land or buildings occupied by the holder of a manufacturing licence issued under this Act, or a person registered under this Act;
Section 50Verify source
§ 51APPOINTMENT OF CROP INSPECTORS - 51. Powers of entryOffence

Owners, occupiers or persons on entered land or premises must give reasonable assistance to the inspector; a person who refuses, unreasonably delays or fails to comply with that requirement commits an offence.

Section 51. Powers of entry Section 51(1)(a) perform the functions or exercise the powers conferred by this Act or any other written law; Section 51(1)(b) make enquiries or carry out a search to ascertain if this Act is being complied with; Section 51(1)(c) demand the production by a licence holder of the licence for examination; Section 51(1)(d) seize and remove any article or thing in respect of which the inspector has reasonable grounds for believing that an offence under this Act is being or has been committed; or Section 51(1)(e) do any other thing authorized under this Act. Section 51(2) The owner or occupier of or any person on land or in premises or a vehicle which is entered under subsection (1) shall render such reasonable assistance as may be required by the inspector. Section 51(3) A person who refuses, unreasonably delays or fails to comply with a requirement under subsection (2) commits an offence.
Section 51Verify source
§ 52APPOINTMENT OF CROP INSPECTORS - 52. Obstruction of inspectorsOffence

A person must not prevent, hinder or obstruct an inspector performing functions, duties or exercising powers under this Act; contravention is an offence punishable by a fine up to two million shillings, or imprisonment up to three years, or both.

Section 52. Obstruction of inspectors Section 52(1) A person shall not prevent, hinder or obstruct an inspector in performance of the functions, and duties or exercise of powers conferred by this Act. Section 52(2) A person who contravenes subsection (1) commits an offence and shall be liable, on conviction, to a fine not exceeding two million shillings, or to imprisonment for a term not exceeding three years, or both.
Section 52Verify source

Part IX

MISCELLANEOUS PROVISIONS

§ 69MISCELLANEOUS PROVISIONS - 69. Arbitration of disputesProvision

A party who is not satisfied with the decision of the Board may, within thirty days, appeal to a Court of competent jurisdiction.

Section 69. Arbitration of disputes Section A party who is not satisfied with the decision of the Board may, within thirty days, appeal to a Court of competent jurisdiction.
Section 69Verify source
§ 70MISCELLANEOUS PROVISIONS - 70. Protection of members and staff from liabilityProvision

The Board and its members, officers, agents and staff are exempt from liability for loss or damage to a person for acts or omissions done in good faith and without negligence when performing or intending to perform duties or powers under this Act.

Section 70. Protection of members and staff from liability Section Liability shall not attach to the Board or to any of its members, officers, agents or staff for loss or damage incurred by a person as a result of an act or omission done or made in good faith and without negligence in the performance or exercise or the intended performance or exercise of any duty or power imposed by or conferred under this Act.
Section 70Verify source
§ 71MISCELLANEOUS PROVISIONS - 71. General penaltyOffence

A person who commits an offence under this Act for which no penalty is provided shall be liable, on conviction, to a fine not exceeding five hundred thousand shillings or a fine not exceeding twice the value of the tea or tea products or, to imprisonment for a term not exceeding one year, or to both.

Section 71. General penalty Section A person who commits an offence under this Act for which no penalty is provided shall be liable, on conviction, to a fine not exceeding five hundred thousand shillings or a fine not exceeding twice the value of the tea or tea products or, to imprisonment for a term not exceeding one year, or to both.
Section 71Verify source
§ 72MISCELLANEOUS PROVISIONS - 72. Offences relating to body corporateOffence

If a body corporate or association commits an offence under the Act, a director, partner or any person involved in management is treated as having committed the offence.

Section 72. Offences relating to body corporate Section 72(1) Where an offence under this Act is committed by a body corporate or any other association, the offence shall be deemed to have been committed by a director, a partner or any other person involved in, or acting or purporting to act in the management of affairs of the body corporate or association. Section 72(2)(a) the act or omission constituting the offence took place without the person's knowledge; or Section 72(2)(b) the person took reasonable steps to prevent the commission of the offence.
Section 72Verify source
§ 73MISCELLANEOUS PROVISIONS - 73. Conflict of lawsProvision

If there is a conflict between this Act and another Act about developing the tea crop, this Act's provisions prevail.

Section 73. Conflict of laws Section If any conflict arises between the provisions of this Act and any other Act with respect to the development of the tea crop, the provisions of this Act shall prevail.
Section 73Verify source
§ 74MISCELLANEOUS PROVISIONS - 74. RegulationsInterpretation

The Cabinet Secretary may, in consultation with the Board, make regulations covering many aspects of the tea industry to carry out this Act.

Section 74. Regulations Section 74(1) The Cabinet Secretary may, in consultation with the Board, make Regulations for the better carrying out if the provisions of this Act. Section 74(2)(a) the regulation of the production, processing, importation and exportation of tea; Section 74(2)(b) the procedure of registration of tea brokers, small scale tea growers, medium scale tea growers, large scale tea growers, commercial green leaf transporters, tea packers, tea buyers, tea importers, tea exporters, management agents, auction organizers, warehouse operators, commercial tea nurseries; Section 74(2)(c) the procedure of licensing of tea manufacturers; Section 74(2)(d) the forms to be used in the application for registration, licensing, contracts and related activities; Section 74(2)(e) the prescribed areas for planting tea; Section 74(2)(f) the appeal process in case of refusal or denial of a licence; Section 74(2)(g) monitoring of the entire value chain in the tea sub-sector; Section 74(2)(h) regulation of the conduct of tea auction including the volumes of tea to be sold through auction or through direct sales; Section 74(2)(i) the promotion of fair and proper governance structures in institutions along the tea value chain in the interest of tea growers; Section 74(2)(j) rules to avoid conflict of interest in the ownership and dealings between tea growers, tea factories and tea dealers; Section 74(2)(k) the criteria for the pricing of green leaf; Section 74(2)(l) maximum fees charged by players along the value chain; Section 74(2)(m) the tenure of board members for tea factory; Section 74(2)(n) procedures for ensuring internal democracy in tea growers' institutions and organizations; Section 74(2)(o) value addition of tea exports and imports; Section 74(2)(p) control of pests and diseases; Section 74(2)(q) any fee charged under this Act; Section 74(2)(r) the regulation of contracts between growers, tea factories and other players in the tea industry; Section 74(2)(s) tea safety including transportation, processing and market standards of tea; Section 74(2)(t) submission of returns and reports by the holders of licences and registrations under this Act; Section 74(2)(u) regulation and controlling the method of blending, packaging and labelling of tea for purposes of traceability; Section 74(2)(v) standards, and the manner of grading and classification of made tea products under this Act; and Section 74(2)(w) anything required to be prescribed under this Act Section 74(3)(a) the authority of the Cabinet Secretary to make regulations under this Act shall be limited to bringing into effect the provisions of this Act and for the fulfilment of the objectives of this Act; Section 74(3)(b) the principles and standards applicable to the regulations made under this section are those set out in the Interpretation and General Provisions Act ( Cap. 2 ) and the Statutory Instruments Act (Cap. 2A).
Section 74Verify source

Part V

ESTABLISHMENT OF TEA LEVY AND TEA FUND

§ 53ESTABLISHMENT OF TEA LEVY AND TEA FUND - 53. Establishment of Tea LevyOffence

Allows the Cabinet Secretary to impose a tea levy by Gazette notice; requires the Board to collect the levy (with specified rates) and allocates proceeds among stabilization, Board functions, Tea Research Foundation, and infrastructure; failure to pay is an offence.

Section 53. Establishment of Tea Levy Section 53(1) The Cabinet Secretary may, by notice in the Gazette , impose a levy to be levied on tea exports and imports, to be known as the tea levy. Section 53(2) The levy imposed through a notice under subsection (1) shall be collected by the Board at a rate not exceeding one per centum of the auction value for teas sold through the auction and at such times, being not earlier than one after the date of publication of the notice, in such a manner, as is specified in the notice. Section 53(3) The levy on tea imports shall be charged at a rate of one hundred per centum of the value of the imported teas. Section 53(4) The levy imposed under this section shall be levied and collected in such manner as the Cabinet Secretary may prescribe through regulations. Section 53(5)(a) fifty per centum shall be applied by the Board for income or price stabilization for tea growers; Section 53(5)(b) fifteen per centum shall be applied by the Board in the furtherance or exercise of any function or power of the Board; Section 53(5)(c) twenty per centum shall be remitted directly to the Tea Research Foundation; Section 53(5)(d) fifteen per centum shall be applied for infrastructure development in the tea subsector on a pro rata basis. Section 53(6) A person who fails to pay the tea levy imposed under this Act commits an offence.
Section 53Verify source
§ 54ESTABLISHMENT OF TEA LEVY AND TEA FUND - 54. Establishment of a Tea FundProvision

Establishes the Tea Fund, to be managed by the Board, and lists sources of monies and the Fund's purposes.

Section 54. Establishment of a Tea Fund Section 54(1) There is established a Fund to be known as the Tea Fund which shall be managed by the Board. Section 54(2)(a) monies appropriated by the National Assembly; Section 54(2)(b) monies from the tea levy; Section 54(2)(c) monies from a source approved by the Board; and Section 54(2)(d) grants and donations made to the Board. Section 54(3)(a) income or price stabilization; and Section 54(3)(b) research and development.
Section 54Verify source

Part VI

ESTABLISHMENT OF THE TEA RESEARCH FOUNDATION

§ 55ESTABLISHMENT OF THE TEA RESEARCH FOUNDATION - 55. Establishment of the Tea Research FoundationProvision

Establishes the Tea Research Foundation and grants it corporate powers including suing and being sued; acquiring and disposing of property; borrowing and lending money; entering into contracts; and doing other acts necessary to perform its functions.

Section 55. Establishment of the Tea Research Foundation Section 55(1) There is hereby established a body to be known as the Tea Research Foundation. Section 55(2)(a) suing and being sued; Section 55(2)(b) taking, purchasing or otherwise acquiring, holding, charging and disposing of movable and immovable property; Section 55(2)(c) borrowing and lending money; Section 55(2)(d) entering into contracts; and Section 55(2)(e) doing or performing all other things or acts necessary for the proper performance of its functions under this Act, which may lawfully be done or performed by a body corporate.
Section 55Verify source
§ 56ESTABLISHMENT OF THE TEA RESEARCH FOUNDATION - 56. Functions of the FoundationProvision

Section 56 lists the functions of the Tea Research Foundation, requiring the Foundation to promote, co-ordinate and regulate tea research; expedite equitable access to research information, resources and technology and promote application of research findings; and to carry out specified policy, coordination, funding, training, liaison and information-sharing functions.

Section 56. Functions of the Foundation Section 56(1)(a) promote, co-ordinate and regulate research in tea and tea diseases; and Section 56(1)(b) expedite equitable access to research information, resources and technology and promote the application of research findings and technology in the development of tea. Section 56(2)(a) formulate policy and make policy recommendations to the Cabinet Secretary on tea research; Section 56(2)(b) prioritise areas for, and co-ordinate, tea research in Kenya in line with the national policy on tea; Section 56(2)(c) determine and advise the Government on the resource requirements for tea research in Kenya both at the national and county level; Section 56(2)(d) regulate, monitor and ensure that all tea research undertaken by other institutions or persons undertaking tea research is consistent with the national priorities specified in the relevant policy documents; Section 56(2)(e) formulate or approve medium and long term research plans, strategies and budgets of the Foundation; Section 56(2)(f) provide grants to institutions or persons desirous of carrying out research and training programs which are consistent with the national research priorities and plans of the Foundation; Section 56(2)(g) support and promote the training and capacity building in relation to agricultural research; Section 56(2)(h) liaise with and ensure the co-ordination of institutions, agencies and persons involved in tea research; Section 56(2)(i) establish platforms for the purposes of sharing research information, advancing research and transfer of technology and dissemination of information relating to advancements made in tea research; Section 56(2)(j) conduct training in industry best practice and value-addition; Section 56(2)(k) ensure continuance of performance improvement in the field of tea research; and Section 56(2)(l) perform such other functions as may be conferred on it by this Act or any other written law.
Section 56Verify source

Part VII

FINANCIAL PROVISIONS

§ 57FINANCIAL PROVISIONS - 57. Funds of the BoardProvision

The National Assembly may appropriate monies for the Board.

Section 57. Funds of the Board Section such monies as may be appropriated by the National Assembly;
Section 57Verify source
§ 58FINANCIAL PROVISIONS - 58. Annual EstimatesCommencement

The Board must prepare and approve annual estimates of its revenue and expenditure, with preparation at least six months before each financial year and Board approval before the year starts.

Section 58. Annual Estimates Section 58(1) At least six months before the commencement of each financial year, the Board shall cause to be prepared estimates of the revenue and expenditure of the Board for that year. Section 58(2) The annual estimates shall make provision for all estimated expenditure of the Board for the financial year concerned. Section 58(3) The annual estimates shall be approved by the Board before the commencement of the financial year to which they relate and, once approved, the sum provided in the estimates shall be submitted to the Cabinet Secretary for approval. Section 58(4) No expenditure shall be incurred for the purposes of the Board except in accordance with the annual estimates approved under subsection (3), or in pursuance of an authorization of the Board given with prior written approval of the Cabinet Secretary.
Section 58Verify source
§ 59FINANCIAL PROVISIONS - 59. Accounts and AuditProvision

The Board must ensure proper books and records of accounts for its income, expenditure and assets are kept.

Section 59. Accounts and Audit Section 59(1) The Board shall cause to be kept proper books and records of accounts of the income, expenditure and assets of the Board. Section 59(2)(a) a statement of the income and expenditure of the Board during that year; and Section 59(2)(b) a statement of financial position of the Board on the last day of that year. Section 59(3) The accounts of the Board shall be audited and reported upon in accordance with the provisions of the Public Audit Act (Cap. 412B).
Section 59Verify source
§ 60FINANCIAL PROVISIONS - 60. Annual report and publicationCommencement

The Board must submit annual reports, statements of account and the Auditor-General's report to the Cabinet Secretary within three months after each financial year (or a longer period if approved by the Cabinet Secretary); the Board must publish them if the Cabinet Secretary requires; and the Cabinet Secretary must submit them to Parliament within fourteen days of receipt (or within fourteen days of the next sitting if Parliament is not sitting).

Section 60. Annual report and publication Section 60(1) The Board shall, within a period of three months after the end of each financial year or within such longer period as the Cabinet Secretary may approve, submit to the Cabinet Secretary a report of the operations of the Board during such year, and the annual statement and such other statements of account as the Cabinet Secretary shall require, together with the Auditor-General's report. Section 60(2) The Board shall, if the Cabinet Secretary so requires, publish the report and statements submitted to him under subsection (1) in such manner as the Cabinet Secretary may specify. Section 60(3) The Cabinet Secretary shall submit to Parliament the reports, statements submitted under subsection (1), within a period of fourteen days of the receipt of the reports and statements or, if Parliament is not sitting, within fourteen days of the commencement of its next sitting.
Section 60Verify source
§ 61FINANCIAL PROVISIONS - 61. Financial year of the BoardProvision

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

Section 61. Financial year of the Board Section The financial year of the Board shall be the period of twelve months ending on the thirtieth June in each financial year.
Section 61Verify source

Part VIII

COMPLAINTS AND INVESTIGATION PROCEDURE

§ 62COMPLAINTS AND INVESTIGATION PROCEDURE - 62. Complaint and investigation against a licenseeProvision

A person who is aggrieved or likely to be aggrieved may file a complaint requesting the Board to enforce this Act against a licensee; the complaint must cite specific provisions, state supporting facts, and attach relevant documents; the Board must provide a written response within fifteen days; a licensee must submit a response within fifteen days of notification; the Board shall provide copies of documents filed by each party (subject to confidentiality) and may dismiss complaints for specified reasons, notify and explain dismissals, allow additional filings, extend filing times for good reasons, request additional information, or direct audits/investigations.

Section 62. Complaint and investigation against a licensee Section 62(1) A person who is aggrieved by or is likely to be aggrieved by the contravention of any provision of this Act by a licensee may file a complaint requesting the Board to enforce the provisions of this Act against that licensee. Section 62(2)(a) cite the specific provisions of this Act that the licensee has contravened or is likely to contravene; Section 62(2)(b) state the facts relating to the alleged contravention or likely contravention; and Section 62(2)(c) attach any documents relevant to the complaint. Section 62(3) The Board shall provide a written response to the complainant within fifteen days of receipt of a complaint. Section 62(4)(a) a novel issue whose disposition requires the Board to consider an issue that it has not previously addressed; or Section 62(4)(b) a complex issue whose disposition requires the Board to obtain significant factual information to resolve a difficult legal, factual or policy issue. Section 62(5)(a) the complainant fails to show that it has been injured, or is likely to be injured as a direct result of the alleged contravention of the provisions of this Act as cited in the complaint; Section 62(5)(b) the factual allegations in the complaint are unsupported or are without merit; Section 62(5)(c) the factual allegations in the complaint, even if proven to be true, do not constitute a contravention of this Act or the regulations made thereunder; or Section 62(5)(d) it concludes that the exercise of its enforcement discretion would not be appropriate. Section 62(6) Where the Board dismisses a complaint, it shall notify the complainant and provide a written explanation. Section 62(7)(a) the specific provisions of this Act that the licensee has been alleged to contravene; and Section 62(7)(b) reasonable details of the alleged facts constituting the contravention. Section 62(8) A licensee that is the subject of a complaint shall, within fifteen days of receipt of the notification from the Board, submit a response providing the basis on which it disputes the allegations of contravention. Section 62(9) The Board shall, subject to section 68 on confidentiality, provide copies of all documents filed by each party to the other party. Section 62(10)(a) allow the filing of additional responses by the parties; Section 62(10)(b) upon application and for good reasons, extend time for the filing of any documents or replies by the parties to the complaint; Section 62(10)(c) request the complainant or the licensee complained of to submit additional information at any time during the course of the enforcement proceedings; or Section 62(10)(d) direct an independent audit or appropriate investigation of the operations and books of account of a licensee to obtain information relevant to the complaint.
Section 62Verify source
§ 63COMPLAINTS AND INVESTIGATION PROCEDURE - 63. Withdrawal of complaintProvision

A complainant may withdraw its complaint in writing addressed to the Board and the licensee; withdrawal does not prevent the Board from taking enforcement action on its own motion in the public interest.

Section 63. Withdrawal of complaint Section 63(1) A complainant may, at any time and with reasons, withdraw its complaint in writing addressed to the Board and the licensee complained of. Section 63(2) The withdrawal of a complaint shall not preclude the Board from taking enforcement action on its own motion in the public interest.
Section 63Verify source
§ 64COMPLAINTS AND INVESTIGATION PROCEDURE - 64. Decision on a complaintProvision

The Board must decide a complaint within sixty days after receiving all necessary information; it may extend that period by written notice before the sixty-day period expires.

Section 64. Decision on a complaint Section 64(1) The Board shall issue its decision on a complaint within sixty days of receiving all necessary information. Section 64(2) Where necessary, the Board may, by written notice to the parties and before the expiry of the sixty day review period, extend the time and specify the date by which it shall issue its decision.
Section 64Verify source
§ 65COMPLAINTS AND INVESTIGATION PROCEDURE - 65. Enforcement actionProvision

Section 65 sets out steps for enforcement: (1) notification and opportunities for the licensee to respond and a decision within sixty days; and (2) the Board may extend the sixty‑day review period by written notice.

Section 65. Enforcement action Section 65(1)(a) notify the licensee and clearly indicate the specific provisions of this Act the licensee is alleged to have contravened; Section 65(1)(b) allow the licensee at least fifteen days to respond in writing with a clear statement, supported by documents, affidavits, or other relevant materials, providing the basis on which the licensee disputes the allegation; and Section 65(1)(c) issue its decision within sixty days of receiving all necessary information. Section 65(2) Where necessary, the Board may, by written notice to the licensee and before the expiry of the sixty day review period, extend the time and specify the date by which it shall issue its decision.
Section 65Verify source
§ 66COMPLAINTS AND INVESTIGATION PROCEDURE - 66. Interim directiveProvision

During an enforcement proceeding, the Board may issue an interim directive ordering a licensee to cease and desist from specified conduct.

Section 66. Interim directive Section 66(1) At any time during an enforcement proceeding, the Board may issue an interim directive to a licensee to cease and desist from any specified conduct. Section 66(2)(a) there is prima facie evidence that the licensee has contravened the provision of this Act; Section 66(2)(b) continuation of the licensee's conduct is likely to cause serious harm to other licensees, consumers or the general public; Section 66(2)(c) the potential harm of allowing the licensee to continue its conduct outweighs the burden on the licensee of ceasing the conduct; and Section 66(2)(d) issuance of the interim directive is in the public interest.
Section 66Verify source
§ 67COMPLAINTS AND INVESTIGATION PROCEDURE - 67. Enforcement measuresOffence

Section 67 allows the Board to impose several enforcement measures (a written warning; directing a licensee to cease conduct; directing remedial action; declaring agreements void; imposing a financial penalty related to breach duration; or suspension/cancellation of a licence), and gives an aggrieved person the right to appeal to the High Court.

Section 67. Enforcement measures Section 67(1)(a) issuing a written warning to the licensee; Section 67(1)(b) directing the licensee to cease engaging in conduct that is, or if continued will constitute, a contravention of any provision of this Act; Section 67(1)(c) directing the licensee to take specific remedial action; Section 67(1)(d) declaring any agreement or contract void; Section 67(1)(e) imposing a financial penalty relative to the period that the breach persists; or Section 67(1)(f) suspension or cancellation of the licence issued under this Act. Section 67(2) A person aggrieved by the decision of the Board under this section may appeal to the High Court.
Section 67Verify source
§ 68COMPLAINTS AND INVESTIGATION PROCEDURE - 68. ConfidentialityProvision

A party submitting information may ask the Board to treat it as confidential; the Board must grant that request if the party shows the information is commercially sensitive or its disclosure would have a material adverse impact.

Section 68. Confidentiality Section 68(1) A party submitting information to the Board may request that the information submitted be treated as confidential. Section 68(2) The Board shall grant a request for confidential treatment if the requesting party demonstrates, with reasonable specificity, that the information for which it requests confidential treatment contains commercially sensitive information or that the disclosure of the information would have a material adverse impact. Section 68(3)(a) that is not otherwise available to the public; or Section 68(3)(b) whose disclosure would cause commercial harm to the party or otherwise provide a commercial benefit to the party's competitors, including business procedures, practices, plans or its assessment of market conditions.
Section 68Verify source

Part X

TRANSITIONAL PROVISIONS

§ 76TRANSITIONAL PROVISIONS - 76. Transfer of assets and liabilitiesCommencement

All property that immediately before commencement was vested in the Government for the use of the Tea Directorate and the Tea Research Institute shall, on commencement, vest in the Board and the Foundation respectively, subject to all interests, liabilities, charges, obligations and trusts; except such property as the Cabinet Secretary may specify in writing.

Section 76. Transfer of assets and liabilities Section All property, except such property as the Cabinet Secretary may specify in writing, which, immediately before the commencement of this Act, was vested in the Government for the use of the Tea Directorate of the Agriculture and Food Authority and the Tea Research Institute of the Kenya Agricultural and Livestock Research Organization, shall, on the date of commencement of this Act, vest in the Board and the Foundation, respectively, subject to all interests, liabilities, charges, obligations and trusts affecting that property.
Section 76Verify source
§ 77TRANSITIONAL PROVISIONS - 77. Pending proceedings and claimsProvision

Proceedings and claims pending about actions and activities covered by this Act must be continued or enforced by or against the Board and the Foundation in the same way they would have been by or against the Agriculture and Food Authority and the Kenya Agricultural and Livestock Research Organization.

Section 77. Pending proceedings and claims Section All legal proceedings and claims pending in respect of actions and activities to which this Act apply shall be continued or enforced by or against the Board and the Foundation in the same manner as they would have been continued or enforced by or against the Agriculture and Food Authority and the Kenya Agricultural and Livestock Research Organization had this Act not been enacted.
Section 77Verify source
§ 78TRANSITIONAL PROVISIONS - 78. Reference to written lawsCommencement

Any reference to the Agriculture and Food Authority in any written law or instrument, in relation to tea, must be read as a reference to the Board upon commencement of this Act.

Section 78. Reference to written laws Section Any reference to the Agriculture and Food Authority in any written law or in any contract, document or instrument of whatever nature, in relation to tea, shall, on the commencement of this Act, be read and construed as a reference to the Board.
Section 78Verify source
§ 79TRANSITIONAL PROVISIONS - 79. Existing licences and registrationsProvision

Licences and registrations that existed before the appointed day remain valid until they expire; licences and registrations issued after that day will be issued under this Act.

Section 79. Existing licences and registrations Section All licences and registrations existing before the appointed day shall remain valid until their expiry, and subsequent licences and registrations shall be issued under this Act.
Section 79Verify source
§ 80TRANSITIONAL PROVISIONS - 80. Transfer of StaffCommencement

Staff employed in the Tea Directorate by the Agriculture and Food Authority before this Act become staff of the Board; staff employed in the Tea Research Institute by KALRO before this Act become staff of the Foundation.

Section 80. Transfer of Staff Section 80(1) The staff of the Tea Directorate employed by the Agriculture and Food Authority prior to the commencement of this Act, shall be the staff of the Board. Section 80(2) The staff of the Tea Research Institute employed by the Kenya Agricultural and Livestock Research Organization prior to the commencement of this Act, shall be the staff of the Foundation.
Section 80Verify source
§ 81TRANSITIONAL PROVISIONS - 81. InterpretationCommencement

Defines "appointed day" as the day this Act comes into operation.

Section 81. Interpretation Section In this Part— "appointed day" means the day this Act comes into operation.
Section 81Verify source

Legislative relationships

7 referenced instruments

Names are derived from the stored provision headings and citation-enrichment layer. Treat this as a research index and verify each relationship against the source text.

A–F

5 instruments

  • Board shall be audited and reported upon in accordance with the provisions of the Public Audit Act

    Section 59

  • Board under this Act

    Sections 11, 16

  • Board's funds not immediately required for the purposes of this Act

    Section 6

  • Cabinet Secretary to make regulations under this Act

    Section 74

  • Fair Administrative Act

    Section 39

G–M

1 instrument

  • Kenya Act

    Section 15

N–S

1 instrument

  • Staff Staff employed in the Tea Directorate by the Agriculture and Food Authority before this Act

    Section 80

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  • 31 Dec 2022 · currentEnglish

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