The Prevention Of Livestock And Produce Theft Bill (senate Bill No. 12 Of 2023)

REPUBLICOFKENYA

PARLIAMENT

SENATE BILLS

(BillNo.12of2023)

THE-PREVENTION OFLIVESTOCK AND PRODUCE THEFT BILL, 2023

(A Bill published in the Kenya Gaxelfe Supplement No. 40 of 31" March, 2023 and passed lby the Senate, with amendments, on Thursday, 21" March, 2024.)

THEPREVENTIONOFLIVESTOCKANDPRODUCETHEFTBILL, 2023

ARRANGEMENTOFCLAUSES

Clause

PARTI-PRELIMINARY

• I —- Short title.
• 2-Interpretation.
• 3—Object of the Act.

PARTII-BRANDINGOFLIVESTOCK

• 4 - Functions of the Cabinct secretary.
• 5—Functions of the county executive committee member.
• 6 ——Application for registration of a brand.
• 7 —- Certificate registration of a brand.
• 8 - Transfer of a registered brand.
• 9Cancellation of registered a brand.
• 10—Appcals
• 11—Obligation to brand livestock.
• 12—Use of a permanent identification device.

PARTIII-MOVEMENTOFLIVESTOCK

• 13—Removal of livestock.
• 14—Retention ofa remova! permit.
• 15-— Owner of an abattoir to keep rccords.
• 16-—- Appointment of inspectors.

PARTIV-OFFENCES

• 17—Use of unregistered brand.
• 18—Branding another person'slivestock
• 19—Offence of livestockorproduce theft.
• 20—Trespass with intent to steal livestock orproduce.
• 2I—Conveyance of livestock or produce.
• 22—Tamperingwith identification brand.
• 23—Prohibition of the delivery or sale of livestock or produce at night.
• 24—Illegal possession of livestock.
• 25—Illegal possession of produce.
• 26—Killing of livestockwithintent tostealsuchlivestock.
• 27—Failure toreport commission ofan offence.
• 28-Issuanceofwarrant for search,seizure and arrest.
• 29—Forfeiture of asscts derived fromlivestock theft.
• 30-Detentionoflivestock.

PARTV-MISCELLANEOUSPROVISIONS

• 31—Public awareness and sensitization.
• 32-Dispute resolution.
• 33—Trial ofoffences.
• 34-General Penalty.
• 35—Legislationby countygovernment.
• 36—Regulations.
• 37—Amendment to Cap.63.
• 38—Repeal of Cap. 357.
• 39—Repeal of Cap.355.

THEPREVENTIONOFLIVESTOCKANDPRODUCETHEFTBILL, 2023

ABillfor

ANACTofParliamenttoprovidefor:a legalframcwork for the identification of livestock;the movement of livestock; theprevention of livestock theft;the regulation of trade in livcstock;the return of illegally acquiredlivestock and firearms;and for connectedpurposes.

ENACTEDbytheParliamentofKenya.asfollows-

PARTI-PRELIMINARY

1.This Act may be cited as the Prevention of Livestock and Produce Theft Act.2023.

• 2.ln thisAct.-

"ammunitionhas the meaning assigned to it under the FirearmsAct;

"Cabinet Secretary"" means the Cabinet Secretary responsiblefor the mattersrclating tolivcstock:

"county executive committee membermeans a county cxccutivecommitteememberresponsibleformattersrelating tolivestock:

"firearm has the meaning assigned to it under the Fircarms Act;

"identifier means an official permanent mark. Or permanent representation on livestock.which consistsofa designated combinationof numbers.codes or signcd as may

Short title

Interpretation

Cap.144.

Object of the Act.

be prescribed under this Act;

"Inspector" means the person designated as an inspector under section16;

"livestock" means cattle, camel, donkey. pig, sheep, goatpoultry and anyother animalwhichtheCabinetsecretary mayby order declaretobelivestockforpurposeof thisAct;

"livestock keeping community"means a community designated by the Cabinet Secretary as such for thepurposes of this Act and whose main occupation involves the keeping of livestock;

"Ministry"means the Ministry responsible for the matters relating to internal security;

"permanent identification device"means a device, which bears a unique code,approved by the director of veterinary services appointed under theVeterinarySurgeons andVeterinaryPara-ProfessionalsActandisintendedto remain attached to orinserted in a livestock;

"producemeans the whole or any part of any skin, hide.horn,or carcass of livestock and includes wool,mohair and ostrichfeathers;and

"register" meansaregisteroflivestockbrands established andmaintained by thecounty executivecommittee memberin the respective county.

• 3.'The objects of this Act are to-
• (a)provide a framework for-
• (i)the prevention.combating and eradication of livcstockthefttopromotesecurityand stability:
• (i)the registration and management of livcstock

Functions of the Cabinet Secretary.

by livestock owners:

• (ili)the regulation of the activities of livestock ownersinrelation to theirlivestock:and
• (iv) the disarmament and the rcturn of illegally acquired firearmsand ammunition;
• (b)enhancesocial andcconomicdevelopment amongst the livestock keeping communities in Kenya:
• (c) provide a framevork for the tracking and return ofstolenlivestock;and
• d) provide a platform for collaboration amongst the governments, communities and relevant agencies in preventing, combating and eradicating livestock theft.

PARTII-BRANDINGOFLIVESTOCK

• 4.The Cabinet Secretary shall be responsible for -
• (a) formulating nationalpolicy and 1national standards on identificationand movement livestock:
• (b)developing and co-ordinating intergovernmcntal relations mechanisms in the delivery of services relatcd toidentification andmovementof livestock;
• (c) establishing a national data base systcm for communication, sharing pue analysis of informationrelatingtolivestock:
• (d)incollaborationwiththesccurity andotherrelevant agencies. establishing mechanismsforthe disarmament and confiscation of firearms and

Functions of the coumtyexecutive committee member.

Application for registration of'a brand.

ammunitionillegallyheld bylivestock owners;and

• (e) providing capacity building tothecounty governmentsonmatters touchingonidentification andmovementoflivestock.
• 5.Every county executive committee in therespective county shall-
• (a) establish and maintain a county register of livestockbrands;
• (b)receive application for andregister brands;
• (c) design and formulate strategies and mechanisms for the prevention, combating and eradicating livestocktheft;
• (d)establish systems for the tracking of stolen livestock;
• (e)promote the abandonment of livestock theft by collaboratingwith therelevant agencies in sensitizingmembersoflivestockowners on alternativesustainableformsoflivelihood;
• (1facilitate the acquisition of equipment for monitoringand managing the emovementof livestock:and
• (g)carry out such duties or functions asmaybe necessaryfortheachievementofthcobjectsofthis Act.
• 6.(l) Every livestock owncr shall apply to the county executivecommitteememberfortheregistrationintheirname ofa brand of such nature and dimensions as shall be prescribed in county legislation.
• (2)An application under this section for theregistration ofabrand shall-

• (a)be in theprescribed form:
• (b) be accompanied by a design of the brand:
• (c)be accompanied by the prcscribed fee; and
• (d) contain such particulars as shall be prescribed in countylegislation.
• (3) The county exccutive commitlee member shall. withinthirtydaysfromthedateofreceiptoftheapplication. register abrand if satisfied that the requiremcnts for registrationhavebeencompliedwith.
• (4) The county executive committee member may rcject an application forregistration of a brand if--
• (a)theapplicationhas not compliedwiththe provisions of this section; or
• (b) the design accompanying the application -
• (i)is the same as the design of a registered brand:
• (i)in the opinion of thc county executive committec member.so nearly resemblesthe design of a registered brand as to cause or be likely to cause confusion:or
• (iii)is.in the opinion ofthe county cxecutive committee member.unsuitable for any otherreason.
• (5)Where an application for registration is rejected. the county executive committce member shall.within thirty days from the date ofreceipt ofthe application givevritien notificationwithreasonsfor rejection tothe applicant.

7. (1) On the registration of a brand as provided for under section 5(3).the county executive committee member shall

brand.

Transfer of a registered brand.

issue tothe applicanta certificate ofregistration in theform prescribed in the county legislation.

• (2)Where the holder of a certificate claims that the certificatehasbeenlostordestroyed,theholderofacertificate may make an application in accordancewith subsection (4) to the county executive committee member for the issue of a duplicate certificate.

(3) Onreceipt of an application made under subsection (2).the county executive committee member shall,if satisfied thatthecertificatehasbeenlostordestroyed,issuea duplicate certificate to the applicant inplace of the original certificate.

• (4)An application under subsection (2) shall --
• (a) be in the form and contain such information as shall beprescribed in the county legislation; and
• (b)be accompanied by the fee prescribed in the county legislation.

(5)Upon the issue of a duplicate certificate under subsection (3),the original certificate shall be deemed to be cancelledand theduplicatecertificatehasthe sameeffect as theoriginal certificate.

8. (1) A proprietor of a registered brand may apply to the countyexecutivecommitteetotransfer therighttothatbrand to anotherperson.

• (2) An application under subsection (1) shall

2. (a) be in the form and contain such information as shall beprescribed in the county legislation; 3. (b)containthe consentof thepersontowhomthe proprictor of theregisteredbrandwishes totransfer theright to thatbrand;and 4. (c)be accompanied by the fec prescribed in the county

Cancellation ofa registered brand.

seaddys legislation.

• (3) The county executive committee member shall. within thirtydaysfromthedateofrecciptoftheapplicationunder subsection (l). approve the application if satisfied that the application complies with thissection or rejectthe application wheretheapplicationdoesnotcomplywiththissection.

2. (4)Where the county cxecutive committee member approves an application under subsection (l). he or she shall issue to that person a certificate of thc transfer in the form prescribed in the county legislation.

• (5) Where an application for transfer of a brand is rejected,thecounty executivecommitteemembershall,within thirty days from the date ofreceipt of the application give written notification withreasons for rejection to the applicant.

4. 9.(l) The county exccutive committce member may cancel a registered brand if- 5. (a)the proprietor no longer requires the use of that brandandhasnotifiedthecountyexecutive commitlee member; 6. (b) the proprietor has died:or 7. (c)theproprietor is abody corporate and the county cxecutive committee memberis satisfied that the body corporate has been wound up or dissolved. 8. (2)Notwithstanding the provisions of subsection (l)(b). where the proprietor of a registered brand dies,his personal representativemay use thebrand until- 9. (a) the appointment as a personal representative is terminated:or 10. (b) the distribution of the estatc of the deccased is completed. 11. 10.(1) A person who is aggrieved by the decision of the county executive commitlee member with respect to

Obligation to brand livestock.

Use of a permanent identification device.

rcgistration,transfer or cancelation of a brand,may appeal to the High Court.

• (2)An appeal under this section shall be lodged within thirty daysfrom the date on which the appellant first received thenotice ofthedecision
• 11.(1)Every livcstock owner shall.before the livestock attains theage of sixmonths,brand it or cause it tobe branded witharegisteredbrand ofwhich thelivestockowner is the proprietor.
• (2)Everylivestockowner shall,in the case of livestock whichisolderthansixmonths at thecommencementofthis Act,within three months of the commencement of this Act brand it or cause it tobe branded with a registered brand of whichthelivestock owneris theproprietor.
• (3)A personbrandinglivestock witha brandunder subsection(1),ensure that such brand-
• (a)is conspicuous;
• (b)is safe to the livestock and a consumer of the final product of thelivestock; and
• (C) meets such other criteria as the county executive committee member may,by notice in the Gazetle, prescribe under subsection (4).
• (4)Thecounty yexccutive committeemember may prescribe further requirements on branding including branding oflivestockwhichhavenot attainedsixmonths.
• 12.(1) The Cabinet Secretary.in consultation with the council of county governors, may make regulations on the use ofpermanentidentificationdevices.
• (2)Where a permancnt identification device is used insteadofabrand.areferencetobrandinanyofthe provisions of thisAct shall be construed tomean a permanent identification device.

Removalof livestock.

PARTIII-MOVEMENTOFLIVESTOCK

13.(1)Alivestock ownerwhointcndstorcmove livestockofwhichhcis thcowner from thepremiseswhere they are ordinarily kept to other premises for the purpose of sale and slaughter or anyother purposeshall obtaina rcmoval permitfrom theinspector.

• (2) A removal permit issued by the inspector shall be in triplicate and clearly indicate-

2. (a)particulars ofthe livestock owner: 3. (b)thedateofremovalof thelivestock: 4. (c)thepurposefor theremoval; 5. (d)thenumber and type of livestocktobemoved; 6. (e)particulars of thebrand ofvhichthe owner of the livestockis theproprictor; 7. (f) the premises from which the livestock arc being movedfrom; 8. (g)the destination of the livestock: and 9. (h)in the case of sale- 10. (i)particulars of the purchaser;and 11. (ii) a document evidencing such sale. 12. (3)The inspector shall not issuc a removal permit if-- 13. (a) the premises the livestock are being moved from or destination ofthelivestockiswithinan area dcclaredtobe anarcainfectedbyanotifiable disease:or 14. (b)thisActor any other vritten lawhas notbcen

Retentionof'a removal permit.

Owner ofan abatoir to keep records.

complied with.

• (4) An inspector may at any time inspect livestock being removed from the premises they are ordinarilykept and requiretheproductionofaremovalpermitforinspection.

2. 14.(1)The livestock owner shall retain the original removalpermitandeachof thecopiesshall beretainedby the inspector and thepurchaser ofthe livestockrespectively. 3. (2)The removal permit shallbekept for aperiod of three monthsfrom thedateoftheremovalofthelivestockfromthe premiseswhere theywerekeptimmediatelybeforethe removal. 4. 15.(l) Every owner of an abattoir shall keep books and records ofevery livestock slaughtered,and carcass or produce leavingthe abattoir. 5. (2)The books and records, of every livestock slaughtered,tobekept by an owner of an abattoir shall clearly indicate- 6. (a)particulars ofthe brand on the livestock; 7. (b) the type of livestock including a brief description ofthelivestock; 8. (c)particulars of the livestock owner; 9. (d) if the person delivering thelivestock is not the livestockowner- 10. (i) particulars of the person delivering the livestock;and 11. (ii) capacity of such a person vhether agent,carrier or purchaser; 12. (e)the date of delivery of the livestock:

Appointment of inspectors.

• ()thenumber and typeoflivestocktobemoved;
• (g) the immediate previous premises ivhere the livcstockwas ordinarilykept:and
• (h) the date the livestock was slaughtcred.
• (3) The books and rccords, of every carcass or produce leaving an abattoir,to be kept by an owner of an abattoir shall clearlyindicate-
• (a)particulars of owner of the carcass or produce:
• (b) particulars of the brand the produce,where applicable;
• (c)thenatureof the produce:
• (d) if the person conveying. carrying or transporting the carcass or produceisnot the owner-
• (i) particulars of the person conveying. carrying or transporting the carcassorproduce:and
• (i) capacity ofsuch apersonwhether agentor carrier:
• (e)the date the carcass or produceisremovedfromthe abattoir:and
• (b)particulars of the premisesofdestination ofthe carcass or produce.
• (4) The books and records to be kept under subscction (1),shall be kept for a period of three months from the date of receipt of a livcstock for slaughter. or the carcassor produce leavcs the abattoir.
• 16.(1) The county executive committce member shall designate suchpersons tobeinspcctors foreachward inthe respective countyfor thepurpose ofcnforccment of thisAct.

Use of'unregistered brand.

Branding another person's livestock.

• (2)The inspector shall co-ordinate theimplementation of thisActai theward level and inparticular-
• (a) be responsible. for\_approving,issuing and inspectingremovalpermits;
• (b)collaboratewiththerelevantinvestigativeagencies in therecovery ofstolenlivestock;
• (c)facilitate the application for and registration of brands;
• (d) co-ordinate and facilitate citizen participation in the development ofpoliciesandplans,and delivery of services on mattersrelated to livestock development at theward level;and
• (e)carry out such duties as maybe assigned by the countyexecutivecommitteememberfromtimeto time.

PARTIV-OFFENCES

• 17.A person who,being a livestock owner,
• (a)fails to apply for registration of a brand;
• (b)fails to brand his or her livestock;
• (c) brands his or her livestock with an unregistered brand.

commits an offence and is liable,on conviction to imprisonmentfor atermnotexceeding oneycar ortoa fine not exceeding one hundred thousand shillings,or to both such fine and imprisonment.

• 18.A pcrson who wilfully and knowingly -
• (a) brands, or causes to be branded any livestock belonging to another with his or her brand,or any brandwhichisnottherecordedbrandofthe livestockowner:or

Offence of livestock or produce theff.

Trespass with intent to steal livestock or producc.

• (b)alters.defaces or obliterates any brand ona livestock belonging to another so as to conccal or disguisethe identification ofsuchlivestock.

commits anoffence of thefiand is liable.on convictionto imprisonmentfora iermnotcxcecdingfourtcenycarsortoa finenot cxceeding one million shillings.or toboth such fine and imprisonment.

• 19.(1) A person who stcals livestock or produce. or receivcs anylivestockorproduceknowingorhavingreason lo believeittobeastolenlivestockor produce.commits an offence and shall beliable,on conviction.to a term of not less than twentyyears.
• (2)Where, for the purpose of stealing any livestock or produce.or in the course of stcaling any livestock orproduce. violencc or the threat ofviolence is used.such person is liable. on conviction.to a life term of imprisonment.
• (3)A person charged under subsection (l)may be convictedoftheoffenceofstealinganylivestockorproduce or of receivinganylivestock or produce notwithstanding that thepersonstatedinthechargetobetheowncr ofthelivestock orproduceiswronglynamedastheownerof thelivestockor produce.
• (4)Any person who procures,incites.hires,direcis. instigates.or colludes vith.another person to contravene the provisions of subsection (l) commits an offence and is liable. onconvictiontoatermofimprisonmentofnotlessthan fifteen years.
• 20.(1) A person who cnters any enclosed land vith the intention of stcalinglivestock or produceon suchland commits an offence and shallbeliable,on conviction.to imprisonmentfora termnotexcccdingsevenyears or toafine not excccding five hundred thousand shillings.or to both such fine and imprisonment.
• (2)Aperson who enters and is foundon such land under subsection(l) shail.unless such person--
• (a)satisfies the court that theyhadreasonable and lavfui

Conveyance of livestock or produce.

excusefor their presence in theland;or

• (b)wasproceedingalong aroadorthoroughfare traversingsuchlandorpartofsuchland,

be presumed to have entered the landwiththeintention of stealinglivestockunless suchpersonproves thatthey did not cnter suchlandwith theintention tostealthelivestockor produce therein.

• 21.(l) No person shall,without lawful authority,drive, convey or transport anylivestock or produce along a public road unless that person is inpossession of-
• (a)thedocument of identificationissued by the owner of such stock or produce or the duly authorizedagentofsuchowner;and
• (b)aremovalpermitissuedbytheregistrarforthe conveyance of the livestock or produce,in whichis stated-
• (f)thenameandaddressofthepersonwho issued the certificate;
• (i)thename and addressof theowner of such stockorproduce;
• (ii)the place from which and the place to which such stock or producc is being driven,conveyed or transported;
• (iv)the name of the driver,conveyor or transporter:
• (v)the date ofissueof thepermit;and
• (vi)where applicable,theregistration number,model and make of the vehicle ivith which the stock or produce is being conveyed or transported.

Tampering with identification brand.

• (2) No person shal! cause or permit any livestock or produce of which he is the owner to be driven.conveyed or transported by anyothcrpersonwithoutfurnishinghim vith a removalpermitwhichheisrequiredtohaveintermsof subsection (1).

2. (3)A registrar or any officer may demand from any person who is requircd in terms of subscction(1) to have inhis or her possession a removal permit. an inspection of such permit,and upon such demand the person having possession ofsuchpcrmit shallproduceitforinspectionto theperson makingthe demand.

• (4) A person who-

4. (a)contravenes any provision ofthis section: 5. (b)wilfully makes any false statement inaremoval permit furnished under subsection (1): or 6. (c)falsely declares that he or she is the owner of stock or produce which isbeing driven. conveyed or transportedbyhim or her.

commits an offence.

• (5) For the purposes of this section "livestock oivner" includes any person who obtained livestock or produce by virtueofanagreementofsaleintermsofwhichsuchperson doesnotbecome the owner ofsuchstockorproducemcrely byvirtue of thedeliverytohim ofsuchstockorproduce

22. A person who tampers with. alters. or assists in tamperingwith,alterationofanyidentificationbrand or ear mark on stockor producc soas toconccalor disguise the identification ofsuchstockorproducecommitsanoffenceand shall be liable. on conviction. to imprisonment for a term of thrce years.to a fine ofone million Shillings. or both.

Prohibition of the delivery or sale of livestock or produce at night.

Illegal possession oflivestoek.

Illegal possession ofproduce.

Killing oflivestock wihinten to steal such livestock.

Failure to report commission of an offenee.

• 23.(1)A person shall not deliver or sell or otherwise tradein.or acceptthe deliveryofanylivestockbetween6:30 p.m. and 6:00 a.m.
• (2)A person who contravenes the provision of subsection (l) commits an offence and isliable,on conviction, toimprisonmentfor atermofnotmorethantwelvemonthsor toafinenotmorethaneighthundred thousandortoboth.
• 24.A person who has in his or her possession any livestockwhichmayreasonablybesuspectedofbeingstolen orunlawfullyobtainedshall,ifthatpersonfailstoprove tothe satisfactionofthecourtthatheorshecamebythelivestock lawfully,commits an offence and is liable on conviction to imprisonmentforatermofnotlessthanfifteenyears.
• 25.(l) A person who has in their possession produce whichmayreasonablybesuspectedofbeingstolenor unlawfullyobtainedcommitsanoffenceandisliableon conviction.toimprisonmentfora termofnotlessthan ten years.
• (2) For the purposes of this section it shall be sufficient, inorder toraisearcasonablesuspicionthatanyproduceis stolenorunlawfully obtained,if,when requiredbytheperson who arrestshimtoaccount for thepossession of theproduce, thepcrson arrested fails toaccount therefor or gives an accountwhichthepersonwhoarrcstshimorherreasonably finds insufficient.
• 26.A person who kills any livestock with intcnt to steal the skin or carcass. or any part ofthe skin or carcass commits an offenceand shall beliable onconviction,to imprisonment fora term ofnotless than tenyears.
• 27.A person commits an offence if the pcrson,bcing aware that an offence of stock theft has been. is in the process ofbeing. or intends to be.committed.fails to report

Issuance of warrant for search.seizure and arrest.

Forfeiture of assets derived from livestock thef.

accordingly toalaw enforcement officer.

• 28.(1) The court,upon being informed on oath that any livestock hasbeen stolen,may bywarrant under his or her handauthorisealawenforcementofficcr to-
• (a)seizeor impoundor causetobe seizedor impoundedsuchlivcstock;
• (b)to arrest and search any person found. or suspected of being.in posscssion or chargc or controlof livestockorproduce:and
• (c)may seize the stock and produce and any documents relating to it.
• (2)A warrant issued under subsection (l) shall not authorisetheretentionoflivestockforlongcrthan-
• (a) tventy -one days: or
• (b)if,before the expiry of tventy -one days.a person hasbeen chargedwiththe thefiof suchlivcstockor with recciving or retaining of such livestock or of being an accessory after the fact tothe theft. receiving or retaining,fourteen days after the conclusion of the trial of that person or after the detcrmination ofanyappcalagainst any order or sentencemade or imposed as aresult of thetrialor againstanyordermadeon appeal.whichcvcr is later.
• (2)Any livestock and documents relating to the livestock seized under subsection (l),may,for the safe custodyof suchlivestockandfortheperiod of the seizure.bc rcmovedfromtheplaceofseizure to thencarestlivestock centre.
• 29.(1) Upon an application made by alaiv cnforcementofficer to the court.thecourtmay makean order for theinvestigation by thelawenforcementintothe dealings and assets of any person reasonably suspccted of being engaged in the business of receiving or stealing livestock or

Detentionof livestock.

produce,or dealinginstolenlivcstock orproduce,or any other fraudulent activitiesinrelation tolivestockorproduce.

(2)If,upon such investigation,it is found that any assets ofsuchpersonhavebeenderivedfromorareattributableto any of theactivities referred toin subsection(l),the court shallmakeanordertheforfeiture ofsuchassetstothe Government.

(3) For the purposes of subsections (l) and (2), the court maymakeanorder-

• (a)authorizingthelawenforcementofficer tosearchfor and seize any assets of the person concerned, pending the investigation;
• (b)requiring any person to make available to thelaw enforcementofficeranydocumentrelevanttothe locationor identification of anyassets of such person;
• withoutanorderofthecourt;or
• (d)requiring any bank or other financial institution to produce to the law enforcemcnt officer, any informationrelevant to any assets of suchperson.

(4)Apersonwhohasanyinterestinanyassetsseizedor forfeited under this section may apply to the court to have such assetsreleased.

(5)A person who deals with any assets, which are subject toanorderofthecourtunderthissection,contraryto the terms ofsuchorder commits anoffence and is liable,on convictiontoimprisonmentforatermoffiveyearsortoafine of onemillionshillingsortoboth.

• 30.(1)Any livestock orproduce seized inrelation to an offence committedunderthisActshallbereleased tothe owner within sevcnty-twohoursfrom the time of seizure.
• (2) Notwithstanding the provisions of subsection (1), wherelivestockorproduceseizedinrelationtoanoffence committedunderthisActandownershipofsuchlivestockor

Public awareness and scnsitization.

Dispute resolution.

Trial of offences.

produceisin dispute,or the owner is notknown or cannot be found such livestock or produce shall be deait vith as may be directed by a court of competentjurisdiction.

PARTV-MISCELLANEOUSPROVISIONS

• 31.The county exccutive committec member shall.in consuitationwith therclevantsecurity agencies--
• (a) develop and implement public education and awarenessprogrammes on the prevention and cradication oflivestockandproducetheft:
• (b) promote the disarmament ol members of livestockowners:
• (c) sensitise the members of livestock kccping communities on the negative socio-economic developmentandsecurity consequencesof livestock theftandthe needto respectthe property and livelihood of other persons;
• (d) develop programmes aimed at affording the concernedcommunitieswithadditionalmeans oflivelihood;and
• (e) facilitate the formationof cross-border committees with a focus on preventing and addressing the consequences of livestock.
• 32.The county executive committee member shall collaboratewith theclders andgatekcepcrs ofconmunitics in promoting theuseofcommunitydisputeresolution mechanismsincludingmcdiation inthedetermination ofany disputesregarding livestock theft.theidentificationof livestock or any other dispute arising under this Act.
• 33.(1) Offences under this Act or under any rulcs made thereundershall betried by any subordinate court.
• (2)A courtoflaw shall havejurisdiction in any case brought before it under this Act against any person bcing at the timewithin itsjurisdiction.whether the offence is alleged to have been committed vithin such arca or not.or vhether the

General penalty.

Legislation by county government.

Regulations.

person accused of the offence is in the accused person's usual place of abode or residence within that area or not.

• 34.If a person contravenes any provisions of this Act where no penalty is provided for,that person shall,on convictionandnotwithstandingtheprovisionsofanyother writtenlaw,beliable,inthecaseofamisdemeanourtoafine ofnotless than five hundredthousand shillings or to imprisonmentforatermnotexceedingtwoyearsortoboth, andin the case of afelony toa fine ofnotless than one million orimprisonmentfor a term ofnot less thanfiveyears or toboth.
• 35.Each county government shall,with respect to implementation of the provisions of thisAct,enact county specificlegislationorputinplacesuchadministrative measures and policies for better carrying into effect the provision of this Act within therespective county.
• 36.(1) The Cabinet Secretary,in consultation with the council of governors,may make regulations generally for the bettcr carrying out of the provisions of this Act.
• (2)Withoutprejudice tothe generalityof subsection (1),the Cabinet Secretary maymakeregulations—
• (a) for the registration and identificationof livcstock;
• (b)for theremoval orconveyancc of livestock or produce under thisAct;
• (c)for the management of livestock centres underthisAct;
• (d) the conduct of sensitization programmes and the publication and dissemination informationunder thisAct:and

Cap. 2.

Cap 2A.

Amendment to Cap. 63.

Repeal of Cap.357.

Repeal of Cap.355.

• (e)for chargcs and fees to be paidi to the Registrar under thisAct.
• (3) For the purposes of Article 94(6) of the Constitution-
• (a)the authority of the CabinetSecretary to make regulations shall belimited to bringinginto cffect the provisions of this Act and the fulfilment of thc objectivcs specified under subsection(1):and
• (b)theprinciples and standards set out under the Interpretation andGeneralProvisions Act and theStatutoryInstruments Act.inrelation tosubsidiarylegislationshallapplylo regulationsmadeunder thisAct.
• 37.The Penal Code is amended by repealing section 278.
• 38.The Branding of Stock Act is repealed.
• 39.The Stock and Produce Theft Act is repealed.

I certify that this printed impression is a true copy of the Bill as passed by the Senate onThursday,21sMarch,2024.

Clerkofthe'Senate

Endorsed for presentation to theNational Assembly in accordance with the provisionsofstandingorder156oftheSenateStandingOrders.

SpecikerofheSenate