The Plant Protection Bill, 2025

SPECIAL ISSUE

Kenya Gazette Supplement No.98 (National Assembly Bills No.28)

REPUBLICOFKENYA

KENYA GAZETTE SUPPLEMENT

NATIONALASSEMBLYBILLS,2025

NAIROBI,24thJune,2025

CONTENT

Bill forIntroductioninto theNational Assembly-

The Plant Protection Bill,2025

PAGE

651

Clauses

PARTI-PRELIMINARY

• 1-Short title.
• 2-Interpretation.
• 3-Scope of application.
• 4Objects and purpose of the Act.

PARTII-RESPONSIBILITIESRELATINGTO PLANT PROTECTION MATTERS

• 5-RoleofNational Government
• 6Role of County Governments.
• 7-Role of the Service.
• 8-Designation of the National Plant Protection Organization.
• 9Contact point for the Convention.
• 10-National EnquiryPoint.
• 11-The Kenya Technical Committee on Biological Articles and Control Agents.
• 12—Membership of the Technical Committee.
• 13-Conduct of business and affairs of the Technical Committee.
• 14-Secretariat of the Technical Committee.

PARTIII-CONTROLOFPLANT,PLANT PRODUCTSAND OTHERREGULATED ARTICLES

Import of plant, plant products or other regulated articles

• 15-Restriction on importation.
• 16Importation through designated points.
• 17—Plant import permit.
• 18—Biological import permit

THEPLANTPROTECTIONBILL,2025 ARRANGEMENT OF CLAUSES

• 19-Register ofimporters.
• 20Plant import requirements register.
• 21—Declaration ofa consignment.

Export of plant,plant products or other regulated articles

• 22-Register ofexporters.
• 23-Phytosanitary certification and certificates.
• 24Non-compliance.

PARTIV-MANAGEMENT OFPLANTPESTS

Introduction of pests

• 25-Prohibition on introduction ofpests.

Risk analysis

• 26Pest risk analysis.
• 27-Phytosanitaryrisk assessment.

Plant quarantine stations

• 28-Plant Quarantine Station of Kenya.
• 29-Designation of quarantine stations.
• 30-Post entry quarantine facilities.
• New pests, unknown pests and pests of concern
• 31—Declaration of a new pest or pest of concern.
• 32-Publication of occurrence ofa newpest.
• 33-Duty to report an unknown pest.

Pest management measures

• 34-Pest management measures.
• 35-Pest management by an occupier or owner of land.
• 36Pest free areas.
• 37-Containment measures.

PARTV-BORDERSURVEILLANCE,CONTROL

AND MONITORING

• 38-Border surveillance.
• 39—Inspection of consignments.
• 40-Access to conveyance.

• 41-Monitoring during transhipment.
• 42-Phytosanitary decontamination of used vehicles, machinery and equipment.

PARTVI-EMERGENCYRESPONSEMEASURES

• 43—Emergency measures.
• 44-National Plant Health Emergency Response Committee.
• 45-County Plant Health Emergency Response Committee.
• 46—Conduct of business and affairs.
• 47—Pest surveillance and early warning.

PART VII-SUPPRESSION OF NOXIOUS AND INVASIVEWEEDS ORPLANTS

• 48-Declaration ofa plant as a noxious and invasive weed or plant.
• 49-Duty to report declared noxious and invasive weed or plant.
• 50-Power to order persons to clear land.

PARTVIII-MANAGEMENT OF TRANSBOUNDARY AND MIGRATORYPESTS

• 51—Early warning systems for migratory pests.
• 52—Reporting of migratory pests.
• 53-Management of migratory pests.

PARTIX-CONTROL OFWOOD PACKAGING

MATERIAL

• 54Control of wood packaging material.

PARTX-PLANTHEALTH ANDSAFETY

ASSURANCE

• 55—Establishment of laboratories.
• 56-Phytosanitary measures.
• 57-Control of regulated pests under research.

• 58-Certification of nursery and tissue culture facilities.
• 59-Certification of plants and plant products as organically produced.
• 60Registration and production of formulated products of biological articles.
• 61—Monitoring of pesticide residues and heavy metal contaminants.

PARTXI-INSPECTORS AND LABORATORY ANALYSTS

• 62-Plant health inspectors.
• 63-County plant health inspectors.
• 64Powers of inspectors.
• 65-Obstruction of inspectors.
• 66-Laboratory analysts.

PART XII-MISCELLANEOUS PROVISIONS

• 67-Fees and charges.
• 68General penalty
• 69-Dispute resolution.
• 70-Personal liability.
• 71-Phytosanitaryinvestigation.
• 72-Use of registered pest control products.

PART XIII-PROVISIONS ON DELEGATED POWERS

• 73-Regulations.

PARTXIV-REPEALS,SAVINGSAND TRANSITIONAL PROVISIONS

• 74Interpretationof Part.
• 75-Repeals and transitional provisions

THEPLANTPROTECTIONBILL,2025

A Bill for

AN ACT of Parliament to provide a regulatory and

institutional framework for the prevention of introduction,establishment and spread of plant pests; management of plant pests; facilitate safe trade in plants, plant products and other regulated articles;and for connected purposes.

ENACTED by the Parliament of Kenya,as follows-

PARTIPRELIMINARY

• 1.This Act may be cited as the Plant Protection Act, 2025.
• 2.In this Act,unless the context otherwise requires-

"Cabinet Secretary" means the Cabinet Secretary

responsibleformattersrelating to plantprotection;

"consignment" means any quantity of plants, plant products or other regulated articles being moved from one country to another and covered, when required, by a single phytosanitary certificate;

"conveyance"includes-

• (a) railway coaches, wagons and railway rolling stock;
• (b) watercrafts;and
• (c) any other means of transport not prescribed by this Act;

"County Executive Committee Member" means the

County Executive Committee Member responsible for matters relating to plant protection;

"County Response Committee" means the County Plant Health Emergency Response Committee constituted under section 45;

"disinfection" means the process of freeing a plant, plant product or other regulated articles from pathogens;

• Short title.

Interpretation.

"disinfestation"means the freeing of a plant, plant product or other regulated articles from vertebrate and

imvertebrate pests;

"emergency response"means a prompt phytosanitary

action undertaken to prevent,eradicate or contain an imminent,new or unexpected phytosanitary situation;

pathogen occurs;

"infestation"means the presence of vertebrate and invertebrate pests in an area,plant,plant product or other regulated articles;

"intercept"means to refuse or control the entry or movement of a consignment for failure to comply with phytosanitary regulations;

"National Plant Protection Organization"means the National Plant Protection Organization designated under section 8;

"National Response Committee"means the National

Plant Health Emergency Response Committee constituted under section 44;

"noxious weed"means any weed considered to be harmful to the environment or animals in accordance with

this Act;

"other regulated articles" means any storage place, packaging, conveyance,used vehicles, machinery, equipment,container,soil and any other related organism, object or material capable of harboring or spreading pest deemed to require phytosanitary measures;

"pathogen"means a microorganism causing disease in

plants or plant products;

"pest" means any species, strain or biotype of a plant, an animal or a pathogenic agent injurious to a plant or plant

product;

"pest of concern" means a pest of economic

importance as determined by a specific county;

"phytosanitary certificate"means an official document attesting that a consignment meets the phytosanitary import requirements;

"phytosanitary certificate for re-export"means a

phytosanitary certificate issued for a consignment that has been imported into a country from which it is then exported;

"phytosanitary measure"means any legislative or official procedure to prevent the introduction and spread of regulated pests;

"plant"means living plant and parts thereof including seeds and germplasm;

"plant import permit" means a plant import permit

issued in accordance with section 17;

"plant import requirements register" means the plant import requirements register maintained by the Service under section 20;

"plant product"means a plant part, an unmanufactured material of plant origin including grain and manufactured products that, by their nature or that of their processing, may create a risk for introduction and spread of pests;

"quarantine" means confinement of plant,plant product,other regulated articles, pest or beneficial organism for inspection,testing,treatment,observation or research;

"regulated pest" means a pest of potential economic importance to the Kenya,whether absent or if present not widely distributed, that is controlled by the Service;

"Service"means the Kenya Plant Health Inspectorate Service established under the Kenya Plant Health Inspectorate Service Act;

"Technical Committee"means the Kenya Technical Committee on Biological Articles and Control Agents established under section 1l;and Cap.349.

"wood packaging material" means wood or wood products, excluding paper products, used in protecting or covering a commodity and includes a pallet or dunnage.

3. This Act shall apply to the prevention and management of 2. (a) plant pests; and 3. (b) plants, plant products and other regulated articles. 4. The objective of this Act is to— 5. (a) give effect to the International Plant Protection Convention by designating the National Plant Protection Organization; 6. (b) put in place measures to prevent the introduction, establishment and spread of pests through plants, plant products and other regulated articles being stored,moved, propagated,researched, cultivated or growing in the wild whether for commercial, imports or other purposes; 7. (c) guide the trade and movement of plants, plant 8. products and other regulated articles;and 9. (d) provide for the management of pests including 10. transboundary and migratorypests.

PARTII-RESPONSIBILITIESRELATING TO PLANTPROTECTIONMATTERS

• 5.(1) The National Government shall have the following functions under this Act-
• (a) providing policy direction on matters relating to prevention and spread of plant pests;
• (b) establishing mechanisms for and co-ordinating the management of transboundary,migratory pest and new pest incursions;and
• (c) capacity building for county governments and other stakeholders toprevent the establishment and spread of plant pests.
• 6.A County Government shall have the following
• functions under this Act-
• (a) receiving, verifying and analysing pest reports

Scope of application.

Objectsof the

Act.

Role of National Government.

Role of County Governments.

• from land occupiers or land owners at the county
• level;
• (b) advising land occupiers or land owners on pest
• management practices at the county level;
• (c) notifying the national government and the Service on the status of pest management at the county;
• (d) in partnership with the national plant protection organization,undertaking pest surveillance at the county level;
• (e) undertaking pest management at the county level;
• (f) enforcing pest management measures prescribed by the Service at the county level;
• (g) establishing and operating plant clinics; and
• (h) building capacity of the producers and other
• county stakeholders on pest management
• 7.Pursuant to section 5(a) of the Kenya Plant Health Inspectorate Act,the functions of the Service under this Act shall include-
• (a) advising the Cabinet Secretary on all matters relating to plant protection;
• (b) advising county governments on matters relating toplant health within the respective county;
• (c)putting in place mechanisms for early warning
• systems and rapid response on matters relating to plant health;
• (d)prescribing and enforcing phytosanitary measures to prevent and control the establishment and spread of plant pests;
• (e) registering bio-fertilizers,beneficial organisms, soil conditioners,bio-stimulants,organic fertilizers and any related products and articles except biopesticides regulated under the Pest Control Products Act;
• (f)monitoring plant protection product residues and

Role of the Service. Cap.349.

Cap346.

heavy metals in agricultural produce to support

• compliance with sanitary requirements;
• (g) supporting County Governments andother stakeholders on matters relating to plant protection and plant health matters;and
• (h) advising the National Government, County Governments and other stakeholders on emerging areas related to plant protection and plant health matters.
• 8.(l) The Kenya Plant Health Inspectorate Service is designated as the National Plant Protection Organization of Kenya for purposes of the International Plant Protection Convention.
• (2) The functions of the Service as the National Plant
• Protection Organization shall include
• (a) issuing of phytosanitary certificates for exports and import permits for plants,plant products and other regulated articles;
• (b) growing plants to establish and report the occurrence,outbreak and spread of pests;
• (c) prescribing phytosanitary measures to prevent the
• outbreak, and spread of pests;
• (d) inspecting consignments of plants,plant products and other regulated articles to prevent the
• introduction or spread of pests;
• (e) providing measures for the disinfestation or disinfection of plants,plant products and other meet
• regulated articles ensure they phytosanitary requirements;
• inspecting plants during active growth and facilities handling plant products and other regulated articles to prevent the introduction or spread of pests;
• (g)providing for the designation,maintenance and
• surveillance of pest free areas and areas of low

Designation of the National Plant Protection Organization.

pest prevalence;

• (h) conducting pest risk analysis to establish import
• conditions and market access;and
• (i perform any other function related to the functions ofa National PlantProtection Organization.
• 9.The Service shall be the contact point for the International Plant Protection Convention.
• 10.The Service shall be the National Enquiry Point on
• mattersrelating toplantprotection andplant health.

11. (l) There shall be a committee to be known as the Kenya Technical Committee on Biological Articles and Control Agents which shall facilitate risk assessment for importation,exportation,local production and use of biological articles and control agents.

• (2) Without prejudice to subsection (1),the functions ofthe Technical Committee shall be to-
• (a) evaluate, through risk assessment,bio-fertilizers, biopesticides,biological control agents,beneficial organisms,soil conditioners,bio-stimulants, organic fertilizers and any related products and
• articles;
• (b) consider the efficacy trial reports for imported or locally produced bio-fertilizers, beneficial organisms,soil conditioners,bio-stimulants, organic fertilizers and any related products and articles, except biopesticides, and make
• recommendations to the Service for registration.
• 12.(l) The Technical Committee shall consist of
• (a) the head of the department, in the Ministry responsible for matters relating plant protection, responsible for plant protection, who shall be the Chairperson;
• (b) the Managing Director of the Kenya Plant Health Inspectorate Service or their designated

Contact pointfor

the Convention.

National Enquiry

Point.

The Kenya

Technical Committee on Biological Articlesand Control Agents.

Membership of the Technical Committee.

representative;

• (c) the Director-General of the Kenya Agricultural and Livestock Research Organization or their designated representative;
• (d) the Chief Executive Officer of the Pest Control Products Board or their designated representative;
• (e) the head of the department,in the Ministry responsible for matters relating to veterinary services,responsible for veterinary services or their designated representative;
• () the Director General of the National Environment Management Authority or their designated representative;
• (g)the head of the department,in the Ministry responsible for matters relating to public health, responsible forpublic health and sanitation or their representative;
• (h) the Managing Director of the Kenya Bureau of Standards or their designated representative;
• (i) one person representing the Council of Governors;
• one person,with relevant technical expertise, representing institutions of higher learning:and
• (k) two persons,with relevant technical expertise, nominated bytherelevantprivatesector associations,umbrella body or institution.
• (2) The Technical Committee may co-opt any person with requisite knowledge and expertise to assist in the performance ofits functions:

Provided that the co-opted members shall not:

• (a)vote on any matter for which a vote of the Technical Committee is required;or
• (b) count in determining the quorum of the Technical Committee.
• 13.(1) Unless otherwise provided,the Technical Committee shall undertake its business and affairs in the

Conduct of business and affairs of the Technical

prescribed manner.

• (2) The Technical Committee may constitute such subcommittees as maybe necessary for the efficient performance of its functions.

2. 14.The Service shall provide secretariat services to the Technical Committee.

PARTIII-CONTROL OF PLANT,PLANT

PRODUCTSANDOTHERREGULATEDARTICLES

Import ofplant,plant productsorotherregulated articles

• 15.(1) No person shall import a plant, plant product or other regulated article except in the manner provided under this Act.
• (2)Without prejudice to subsection (1),no person shall import an organism for research without the approval
• of the Service.
• (3) The Service shall put in place statutory and administrative measures to control the importation of any plant,plant product or other regulated articleslikely topose a phytosanitary risk.
• commits an offence.
• 16.A plant,plant product or other regulated article shall be imported into Kenya through points of entry designated by the Ministry responsible for matters relating to immigration.
• 17.(1) No person shall import a plant, plant product or other regulated article without a valid plant import permit issued by the Service in the prescribed manner.
• (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 twenty percent of the value of the imported consignment,whichever is higher,or to imprisonment for a term not exceeding one year,or to both.
• 18.(1) No person shall import a bio-fertilizer,
• biological control agent, beneficial organism, soil

Committee.

Secretariat ofthe Technical

Committee.

Restriction on importation.

Importation through designated points.

Plant import permit.

Biologicalimport permit.

conditioner,bio-stimulant,organic fertilizer,biopesticideor any related product and article without a valid biological import permit issued by the Service in the prescribed manner.

• (2)A person who contravenes subsection (1) commits
• an offence.
• 19.The Service shall maintain a register of all persons who import plants,plant products or other regulated articles for traceability and risk management.
• 20.The Service shall maintain a register of the requirements for the importation of anyplant,plant product or other regulated articles in such form and containing such particulars as it may determine.
• 21.(1) Every person,including a courier service
• operator,arriving into Kenya with a plant,plant product or other regulated article shall declare theplant,plant product or other regulated article,to the Service,at the designated points ofentry.
• (2) The person in-charge of a point of entry shall
• notify the Service of the arrival of any consignment of a plant, plant product or other regulated article in the prescribed manner.
• (3)Where a person contravenes subsection (l) or (2)
• (a) the Service may intercept the plant,plant product or other regulated article in the prescribed manner; and
• (b) the person shall be liable,on conviction, to a fine not exceeding twomillionshillings orto imprisonment for a termnot exceeding oneyear,
• or to both.

Exportofplant,plantproductsorotherregulated articles

• 22.(l) The Service shall maintain a register of persons who export plants,plant products and other regulated articlesfor traceability and monitoring compliance.
• (2) The registration of an exporter by other competent authorities related to plants, plant products and other

Register of

importers.

Plantimport

requirements register.

Declarationofa consignment.

Register of

exporters.

regulated articles may be a prerequisite for registration of

any person who export plants,plant products and other regulated articles by the Service.

• 23.(1) Any plant,plant product or other regulated article intended for export shall be inspected and where necessary,tested by the Service to ensure compliance with any the plant health requirements and other conditions set by the importing country.
• (2) A person seeking to export any plant,plant product
• or other regulated article shall obtain a phytosanitary certificate from the Service in the prescribed manner.
• (3) The Service shall issue a phytosanitary certificate in respect of plants. plant products and other regulated
• article that meets the requirements under this Act and the phytosanitary requirements set by the importing country.
• (4) The Service shail issue a phytosanitary certificate for re-export where a consignment of plants,plant products or other regulated articles imported are repackaged or
• divided but the integrity therein is not lost.
• (5) The Cabinet Secretary shall, in consultation with the Service,make regulations relating to the form,validity, conditions for issuance andthecancellationof phytosanitary certificates.
• (6) A person who-
• (a) alters or falsifies a phytosanitary certificate or any signature therein;or
• (b) obtains a phytosanitary certificate, through false pretence or falsely represents the phytosanitary certificate,

commits an offence.

• 24.Where any plant,plant product or other regulated article intended for export fails to meet the plant health requirements or requirements ofplant protection product residues and heavy metal contaminants of the importing country, the Service shall restrict exportation and may detain or require destruction of the plant,plant product or

Phytosanitary

certification and certificates.

Non-compliance.

other regulated article intended for export at the exporters cost.

PARTIV-MANAGEMENT OFPLANT PESTS

Introduction ofpests

• 25.(l) No person shall introduce a pest, noxious weed or an invasive weed into the Kenyan territory.
• (2) Any person who contravenes subsection (1) commits an offence and shall be liable,on conviction, to a fine notexceeding two million shillings or to imprisonment for a term not exceeding one year, or to both.

Risk analysis

• 26.(1) The Service shall conduct pest risk analysis to determine requirements for the importation ofplants,plant products and other regulated articles.
• (2) Without prejudice to subsection (1),the Service shall periodically conduct risk assessment to determine the noxiousness or invasiveness ofplants or weeds.
• (3) The Service shall maintain and publish a list of regulated pests,noxious weeds and invasive species that areprohibited orrestricted from entering Kenya.
• 27.(1) The Service shall conduct a phytosanitary risk assessment of biological articles and control agents to determine their safety and import conditions prior to consideration byrelevant agencies.
• (2) The import conditions determined under this section shall be maintained by the Service in the plant importrequirementsregister.

Plant quarantine stations

• 28.The Kenya Plant Health Inspectorate Service Plant
• Quarantine and Biosecurity Station is designated as the Plant Quarantine Station of Kenya
• 29.Without prejudice to section 28, the Service may, by notice in the Kenya Gazette,designate any other substations as plant quarantine stations for purposes of this

Prohibition on introductionof

pests.

Pest risk analysis.

Phytosanitaryrisk

assessment.

Plant Quarantine Station of Kenya.

Designation of quarantine

stations.

Act.

• 30.(1) The Service may,upon inspection,designate a facility as post-entry quarantine facility for purposes of this
• Act.
• (2) A facility designated under subsection (1) shall be used for holding imported consignments ofplants,plant products and otherregulated materials toverify whether they are infested with quarantine pests.
• (3) The Service may approve an offshore country quarantine facility as a post quarantine facility to screen plant pests on behalf of the Service prior to importation of plants,plant products and other regulated articles.
• (4) The Cabinet Secretary may make regulations to give effect to this section.

New pests,unknownpests and pests ofconcern

31. (l) Where there is an emergence ofa new pest or a pest of concern to Kenya, the Service shall, in the prescribed manner,declare the pest as a new pest or pest of concern and classify the pests for purposes of this Act.

• (2) Without prejudice to subsection (l),where there is an emergence of a new pest or pest of concern within a county, the County Executive Committee Member may,in consultation with the County Response Committee,declare the pest as a pest of concern to the county for the purposes

3. of this Act.

• (3) The Service shall maintain a record of any pests declared under this section.

5. 32.(1) The Service may, from time to time, issue reports and information on the occurrence or outbreak of any pests,regulation of pests and the measures for their prevention and control.

• (2) Any person who publishes or makes false or misleading information on the occurrence of any pest commits an offence and shall be liable,on conviction,to a fine not exceeding two million shillings or to imprisonment for a term of not exceeding one year,or to both.

7. 33.(1) Any occupier or owner of land who suspects

Post-entry quarantine facilities.

Declaration ofa newpest or pest ofconcern.

Publication of occurrenceofa new pest.

Duty toreport an

unknown pest.

that their plants or land is infected or infested with an unknownpest shall-

• (a) notify the authorised officer of the presence or
• possible occurrence of the pest at the earliest time possible for identification and confirmation of its status;
• (b) contain the infected or infested plants,plant products and other regulated articles or pest where applicable;and
• (c) take all reasonable steps to prevent the spread of the pest.
• (2)A person who contravenes subsection(l) commits
• an offence and shall be liable,on conviction,to a fine not exceeding fifty thousand shillings or to imprisonment for a term not exceeding three months,or to both.

Pestmanagementmeasures

• 34.The Service or the County Executive Committee Member,as the case may be, shall identify and prescribe pest management measures for the eradication,containment and management of the pests.
• 35.(1) Without prejudice to section 33,an authorised officer may require an occupier or owner of land to put in any plants or land,reduce or prevent the spread of any pest or destroy plants:

Provided that where there are two or more joint occupiers or joint owners,each occupier or owner shall be deemed to be an occupier or owner for the purpose of this

section.

• (2) The Cabinet Secretary may, in consultation with the Service and County Governments,make regulations to give effect to this section.

2. 36.(1) The Cabinet Secretary may,in consultation with the Service and County Governments, take such measures to establish and maintain a pest free area.

• (2) The measures envisaged under subsection (l) shall

Pest management measures.

Pest management by an occupier or owner of land.

Pest free areas.

include-

• (a) pest surveillance;
• (b) delineation of an area;
• (c)pest management;or
• (d) monitoring ofpests of concern.
• 37.(l)The Service or theCounty Executive Committee Member,as the case may be,may impose pest or pest of concern in a county or any part of Kenya.
• (2) Where a pest or pest of concern has spread to more than one county,the Service may,in consultation with County Executive Committee Member of the affected counties,impose containment measures in the affected county.
• 3) The Cabinet Secretary may make regulations for the better carrying into effect to this section.

PARTV-BORDERSURVEILLANCE,CONTROL AND MONITORING

• 38.The Service shall periodically conduct border surveillance to monitor unauthorised and illegal movement ofplants,plant products and other regulated articles.
• 39.(1) The Service shall inspect all plants, plant products and other regulated articles at designated points of entry, in the prescribed manner and upon payment of prescribed fee.
• (2) Any plant, plant products and other regulated articles inspected under this section shall be accompanied
• by-
• (a)a phytosanitary certificate from the country of
• origin;and
• (b)aplant
• import permit and other relevant documents.
• (3) Every importer of a plant,plant product and other regulated article shall ensure that the plant,plant product and other regulated article is inspected in accordance with

Containment measures.

Border surveillance.

Inspection of consignments.

this Act.

• (4) When undertaking an inspection under this Act, necessary samples may be drawn by the Service for testing, to ascertain compliance with this Act and other import requirements.
• (5) Where the consignment inspected under this section meets the prescribed requirements,the Service shall
• release the consignment to the importer:

Provided that,where the consignment was imported under quarantine,the consignment shall be released to the designated quarantine station or an approved post entry quarantine facility.

• (6) Where the consignment inspected under this

2. section fails to meet the prescribed requirements,the Service may order,at the importer's cost-- 3. (a) the treatment and release of the consignment; 4. (b) the destruction of the consignment; 5. (c) the consignment be shipped back to the exporting 6. country;or 7. (d) the detention of the consignment,for a period not exceeding six months,pending investigation and 8. decision making.

• (7) The Service may notify the exporting country of the non-compliance in subsection (6).

10. (8)Anyperson whotampers orremoves consignment detained by the Service under subsection (6) commits an offence and shall be liable,on conviction, to a fine not exceeding two million shillings or imprisonment for a term not exceeding one year,or to both. 11. 40.(1) An inspector shall have access to any 12. conveyances for the purpose of carrying out phytosanitary inspection.

• (2) A person in-charge of a point of entry shall facilitate the inspector's access to any conveyance for

14. purposes of phytosanitary inspection including inspection

Access to conveyance.

ofassociatedwaste

• 41.(1) The Service shall monitor phytosanitary risks associated with consignments on transit and transshipment.
• (2) Where phytosanitary risks have been identified in (1) the Service shall prescribe mitigation measures for the containment of the identified risks.
• 42.(1) Any used vehicle,machinery or equipment, imported into or transiting through Kenya,whether whole, disassembled or in parts shall undergo phytosanitary decontamination at the importer's cost and in the prescribed manner prior to shipment to Kenya.
• (2) Where the used vehicles,machinery or equipment are imported fromcountries where phytosanitary decontamination cannot be undertaken, the vehicles, machinery or equipment shall be decontaminated upon arrival and inspection carried out at the importer's cost.
• (3) Where a used vehicle, machinery or equipment destined for export from Kenya is required to undergo phytosanitary decontamination by the importing country, thevehicle, machinery or equipment shallbe decontaminated,by an authorized person,according to the importing country requirements at the exporter's cost.
• (4) A person who contravenes this section commits an
• offence.

PARTVI-EMERGENCY RESPONSEMEASURES

• 43.(1) The Service may impose emergency measures where a new or unexpected phytosanitary risk is identified and for such aperiod as the Service may deem necessary.
• (2) The Service shall notify affected persons of any emergency measures imposed under this Part.
• (3) The Service shall review the basis of the emergency measures imposed through pest risk analysis.
• (4) Where the emergency measure is maintained after

Monitoring during transhipment.

Phytosanitary decontamination ofused vehicles, machinery and

equipment.

Emergency measures.

the reviewunder subsection (3),the Service shall periodically evaluate therisk

• 44.(l) There shall be a National Plant Health
• Emergency Response Committee whichshall be responsible for planning and management of plant health emergencies at the national level.
• (2) Without prejudice to subsection (1), the National Response Committee shall be responsible for-
• (a) developing a national plant health emergency response plan;
• (b) co-ordinating the implementation of the national
• plant health emergency response plan;
• (c) mobilising resource for addressing emergencies;
• (d) co-ordinating post emergency recovery processes; and
• (e) advising the Cabinet Secretary on emergency response measures for the eradication and prevention of the spread of pests including containment measures.
• 45.A County Government may,in consultation with the Service,establish a County Plant Health Emergency Response management of plant health emergencies within that
• Committee for contingency planning and county.
• (2)Without prejudice to subsection (1),a County Response Committee shall be responsible for-
• (a) determining pests of concern to the county and
• develop county plant heaith response plans;
• (b) advising the respective County Government on emergency response strategies to be implemented at the county level;
• (c) advising the respective County Government on early warning and rapid response strategies for pest incursions and outbreaks including containment measures;
• (d) mobilising resources for addressing emergencies;

Health Emergency Response

National Plant Committee.

County Plant

Health Emergency Response Committee.

and

• (e)providingperiodic
• reportstotheNational Government on the status of implementation on emergency measures.
• 46.The Cabinet Secretary may,in consultation with the Service and County Governments,make regulations on the membership and the conduct of business and affairs of the National Response Committee and the County Response Committee.
• 47.(1) TheService shall conduct regular pest
• surveillance to determine the status ofpests and inform an appropriatephytosanitary action.
• (2) The County Governments shall carry out regular pest surveillance in their respective counties to determine the status of pests within the county for pest management purposes.
• (3)Without prejudice to subsection (1) and (2),other relevant stakeholders may carry out pest surveillance in accordance with their respective mandates.
• (4) The findings of surveillance conducted under this section may be shared to the Service,stakeholders and other the County Governments.
• (5) The Service may,in consuitation with a respective County Government and other stakeholders,develop and implement early warning systems for effective emergency
• response within the county.

PART VII-SUPPRESSION OF NOXIOUSAND INVASIVEWEEDSORPLANTS

• 48.The Cabinet Secretary shall, by notice in the Kenya Gazette, declare a plant or weed to be noxious or invasive weed or plant.
• 49.(1) For the purpose of this section,a responsible person"means-
• (a) the occupier of land,or,in the case of unoccupied
• land,the registered owner thereof;
• (b) in the case of a mining area,the holder of the

Conduct of

business and affairs.

Pest surveillance and early warning.

Declaration ofa

noxiousor invasiveweedor plant.

Dutytoreport

declared noxious and invasive weed or plant.

respective mining licence for that area;

• (c)in the case of government or community lands over which grazing or other rights have been granted, the holder of those rights; and
• (d) in the case of land under the control of or vested in a county government, the county government
• concerned.
• (2) A responsible person who suspects the occurrence ofa declared noxious and invasive weed or plant on their
• land shall-
• (a) report to an authorised person, the presence of any noxious and invasive weed or plant;and
• (b) clear the noxious and invasive weed or plant,or cause it tobe cleared from that land.
• (3) A person who fails to comply with theprovisions
• of this section commits an offence.
• 50.(l) Where an authorised officer finds a plant declared to be a noxious and invasive weed or plant on any land,theofficer may,bynotice inwriting,require anowner or occupier of land to clear off the noxious and invasive weed orplant in the prescribed manner.
• (2) Aperson who fails to comply with a notice under subsection (l) commits an offence.
• (3) Where an owner or occupier fails to comply with a notice under subsection (l), the authorised officer may enter the land and eradicate the noxious or invasive weed or plant at the owner's or occupier's cost or undertake any other appropriate measures.
• (4) The Service shall, in consultation with relevant agencies, provide technical advice for the eradication of noxious or invasive weeds or plants under this section.
• (5) Aperson who contravenes this section commits an
• offence.

PARTVIII-MANAGEMENT OF

Power to order

personsto clear land.

TRANSBOUNDARYAND MIGRATORY PESTS

• 51.(l) The Cabinet Secretary shall, in consultation with the Service, put in place mechanisms for early warning systems for migratory pests which mechanisms
• shall include-
• (a) monitoring and rapid detection of pest out breaks;
• (b) data recording and transmission systems suitable for remote and difficult locations where monitoring is a challenge;
• (c) resource mobilisation and budgetary allocations;
• (d) capacity building in the collection of data for forecasting;
• (e) development of incident command mechanisms for improved co-ordination amongst different stakeholders;
• (f) development of tools for vulnerable communities to establish systems to respond to emergencies; and
• knowledge pest
• (g)promoting exchange on management.
• (2) The Service shall maintain an updated list of migratory pestsreported in Kenya.
• 52.An occupier or owner of a land that is infested with any developmental stage egg,larvae,hoppers or adults of migratory pests shall report its occurrence to an authorised officer in the prescribed manner.
• 53.(1) The management of migratory pests may be undertaken by the application of abroad-spectrum
• pesticide:

Provided that a broad-spectrum pesticide shall not be used in any-

• (a)public or private water;
• (b) visible standing water;
• (c) populated area; or

Early warning systemsfor migratorypests.

Reporting of migratory pests.

Management of

migratory pests.

• (d) land within the borders of an excluded area as
• declared by the respective County Government.
• (2) Where migratory pests occur on a land,the owner or occupier of the land shall use measures that are approved to control themigratorypests.
• (3)Anyperson undertaking any management measures relating to migratory pest shall report to the authorised officer on each swarm,flock or infestation controlled.

PARTIX-CONTROL OF WOOD PACKAGING MATERIAL

• 54.(1) Any wood packaging material imported into or
• exported from Kenya shall be treated and marked in the prescribed manner and at the importer's or exporters cost.
• (2) A person who contravenes subsection (1) commits
• an offence.

PARTX-PLANT HEALTH AND SAFETY ASSURANCE

• 55.(l) The Service may establish laboratories to undertake its analysis,testing,diagnosis and quality
• assurance functions under this Act.
• (2) The laboratories established by the Service under this section shall be the designated laboratories of Kenya.
• (3) A County Government may establish a laboratory for theperformance of its functions under this Act.
• (4) The Service may authorise qualified persons to undertake diagnostic and analytical services,on its behalf, for purposes of this Act.
• (5) A person authorised under subsection (4) shall provide all information related to authorised services.
• (6) The Cabinet Secretary may, in consultation with the Service and County Governments,make regulations to give effect to this section.
• 56.(1) The Service may,at the owner's cost,carry out

Control ofwood packaging material.

Establishment of

laboratories.

Phytosanitary measures.

or authorise the carrying out of

• (a)phytosanitary treatment;
• (b)phytosanitary decontamination;or
• (c) destruction of non-compliant consignments.

57. (1) No person shall carry out research on regulated pests or articleswithout the approval of theService.

• (2) The Service shall put in place measures to mitigate phytosanitary risks during the research under this section.
• (3) The Service shall maintain a database of approved facilities handling regulated pests under research.
• (4) 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 one year,or to both.
• 58.(1) No person shall propagate for sale plants under nursery or tissue culture facility without a valid plant health
• certification from the Service.
• (2) A person who contravenes subsection (l) commits an offence.
• 59.(1) No person shall certify a plant or plant product as organically produced unless the plant or plant product meets the prescribed national or international organic certification requirements.
• (2) The Service may authorise any qualified person to be an organic certification body for plants and plant products for purposes of thisAct.
• 60.(1) No person shall locally produce, import or offer for sale any formulatedproducts of biological articles
• for commercialization unless the person is registered by the Service.
• (2) A person seeking to produce locally biological articles for commercialization shall seek the approval of the production facility by the Service.
• (3) No person shall distribute, stock, repackage or

Controlof regulated pests under research.

Certification of nursery and tissue culture facilities.

Certification of plant and plant products as organically produced.

Registration and productionof formulated productsof biological articles.

store for sale any formulated products of biological articles unless the product and their premises is registered by the

Service.

• (4) Without prejudice to subsection (1) and (3), any commercial biopesticides clearedby the Technical Committee may be processed and registered in accordance

2. with Pest Control Products Act. 3. (5) The Service shall maintain a database of all products and facilities approved under this section. 4. (6)A person who contravenes subsections (1),(2) or (3) commits an offence and shall be liable,on conviction, to a fine not exceeding one million shillings or to imprisonment for a term not exceeding six months,or to 5. both. 6. 61.(l) The Service may continuously monitor the products,whether locallyproduced,imported or forexport, 7. production, distribution, storage or sale of plants and plant to- 8. (a)ensurecompliancewith thenational international requirements; 9. and 10. (b)get information on the levels of plant protection products residues and heavy metals present in measures by the Service and various government 11. plants and plant products to inform enforcement agencies; 12. (c) advice the National Governments and County Governments on the status of compliance ofplants and plant products in relation to pesticide residues and heavy metals forpolicy intervention; 13. (d) identify risk areas in the plant and plant products supply chain in relation to pesticide residues and heavy metals to improve systems ofvarious value chains;and 14. (e) notify importers and exporting countries on the non-compliance with requirements relating to pesticide residues and heavy metals.

PARTXI-INSPECTORSANDLABORATORY

Cap346.

pesticide residues and heavymetal

Monitoring of contaminants.

ANALYSTS

• 62.(1) The Service shall appoint qualified persons to be plant health inspectors for the purposes of this Act.
• (2) An inspector appointed under subsection (1)
• shall-
• (a) carry out phytosanitary certification of plants, plant products and other regulated articles for import or export;
• (b) conduct transboundary pest surveillance;
• (c) specify and enforce measures on the establishment
• of pest free areas and areas of low pest prevalence;
• (d) phytosanitary certification of nursery facilities;
• (e) specify treatment of consignments of plants,plant
• products and other regulated articles;
• () monitortheimplementation of prescribed mitigation measures for phytosanitary risks in plants,plant products and other regulated articles in research,on transit and transhipment;
• (g)receive and evaluate pest and migratory pest
• reports;
• (h) undertake pest risk analysis;
• (i) specify and enforce measures for the management of noxious or invasive weeds and plants;and
• (j) evaluate status of noxious or invasive weed and
• plants.
• (3) The Service shall cause to be published in the Kenya Gazette,the names of all plant health inspectors appointed under this section.
• 63.(l) A County Executive Committee Member shall appoint qualified persons to be county plant health inspectors for thepurposes of this Act.
• (2) An inspector appointed under subsection (1) shall-

Plant health

inspectors.

County plant health inspectors.

• (a) receive and evaluate reports from farmers on pest,
• noxious or invasive and migratory pest;
• (b) evaluate the pest status of any plant,plant product
• or other regulated articles;
• (c) evaluate the status of noxious weed or invasive
• weed;
• (d) undertake pest monitoring;
• (e) create awareness and undertake capacity building
• of farmers in pest management;
• (f) in collaboration with the Service,implement
• measures for the establishment of pest free areas; and
• (g) specify and enforce pest management,containment and eradication measures in the county including in nursery facilities.
• (3) Without prejudice to subsection (2),a county plant
• health inspector shall not undertake roles relating to-
• (a) import and export of plants and plant products;
• (b) materials under research; and
• (c) activities under this Act that are outside the jurisdiction of a county or at designated points of entry.
• 64.(1) An inspector appointed under this Part shall
• have power to-
• (a) enter any land, place or premises at which there is, or is suspected to be a plant,plant product or other regulated articles;
• (b) enter any land to ascertain whether any noxious or
• invasive weed or plant exists;
• (c) inspect and take samples of any plants,plant
• products or other regulated articles;
• premises in connection with the manufacture, production, processing or treatment of plant

Powersof inspectors.

products or other regulated articles;

• that the inspector suspects has a plant, plant product or other regulated articles;
• (f) require any person to produce relevant documents to facilitate an inspection, examination or for
• obtaining copies;
• (g) seize and search any person,baggage,packaging, conveyance that he suspects contains plant, plant product or other regulated articles;
• (h) stop the distribution,saleor useof any lant,plant product or other regulated articles which he suspects is harbouring a regulated pest;
• (i seize,destroy,detain,treat or otherwise dispose of any plants,plant products or other regulated articles, or order that such action be taken where he has reason to believe such plants,plant products or other regulated articles are harbouringa regulated pest;
• seal off any place, premises or conveyance containing infested or infected plants,plant products or other regulated articles;
• (k) confine, seal and order immediate treatment of
• consignments of plants,plant products and other regulated articles to prevent the introduction or spread of pests;and
• take any other reasonable and necessary measures in the exercise of the powers outlined under this
• section.
• 65.A person who-
• (a) gives false information to an inspector;
• (b) obstructs, hinders, interferes with, refuses to furnish information to the inspector;
• (c) fails to produce any document required by the
• inspector;
• (d) fails to comply with any lawful order given by any

Obstruction of

inspectors.

inspector in execution ofhis powers or duties;or

• (e) otherwise contravenes any other provisions in this
• Act,

commits an offence and is liable, on conviction, to a fine not exceeding one million shillings or to imprisonment for a term not exceeding six months, or to both.

• 66.(1) The Service shall appoint qualified persons to be Service laboratory analysts for purposes of this Act.
• (2) A laboratory analyst appointed under subsection
• (1) shall-—
• (a) collect samples for purposes of this Act;
• laboratory analysisfor
• (b) analyse any sample and generate a report for purposes of this Act;and
• (c) perform any other relevant function as may be assigned.

PARTXII-MISCELLANEOUS PROVISIONS

• 67.The Cabinet Secretary may, on the advice of the Service and by a notice in the Kenya Gazette,prescribe a fee or charges for any service offered by theService.
• 68.A person convicted of an offence under this Act
• for which no penalty is provided shall, be liable, on conviction to a fine not exceeding two hundred and fifty thousand Kenya shillings or to a term not exceeding six months, or both.
• 69.(1)Wherea dispute arises during the implementation of this Act,the dispute shall at first instance beresolved internally through a committee within
• the Service.
• (2) Where amicable resolution fails in subsection (1), the dispute shall be referred to arbitration.

70. (1) No inspector, officer or agent of the Service or

• countygovernment shall bepersonally liable for the official decisions made in good faith in executing the provisions of

Laboratory

analysts.

Fees and charges.

General penalty.

Dispute resolution.

Personal liability.

this Act.

• (2) No suit,prosecution or other legal proceeding shall lie against any inspector or his assistant for anything done in good faith and without negligence under this Act.

71. The Service or County Governments,as the case may be,may in the course of implementing the provisions in this Act undertake phytosanitary investigations for scientific-based phytosanitary regulatory decisions. 3. 72.Where pest control products are prescribed for use for management of phytosanitary risks under this Act,the pest control products shall be used in accordance to the Pest Control Products Act.

PARTXIII-PROVISIONS ONDELEGATED

POWERS

• 73.(1) The Cabinet Secretary may, in consultation with the Service and County Governments,make regulations for the better carrying into effect the provisions of this Act.
• (2) Without prejudice to subsection (1), the regulations made under this Act shall provide for-
• (a) the prevention of introduction of plant pests;
• (b)
• pest risk analysis and import requirements;
• C the form,validity,conditions forissuance and the cancellation of plant importpermits and phytosanitary certificates;
• (P) the post entry quarantine processes and approval and certification of post entry quarantine
• facilities;
• e eradication and containment,restrictionof movement,cultivation and harvesting in areas infestedwithregulated pests;
• prevention and management of noxious weeds;
• g
• regulation of wood packaging materials;
• (h) organic certification;

Phytosanitary investigation.

Use of registered

pestcontrol products. Cap.346.

Regulations.

• monitoring of pesticide residues and heavy
• G metals;
• pest eradication;
• the power to detain, destroy,intercept due to non-
• k compliance;
• the appointment of inspectors,analyst and other officers;
• (m) decontamination of used vehicles,machinery and equipment;and
• (n) dispute resolution mechanisms.
• (3)For the purposes of Article 94(6) of the Constitution-
• (a) the purpose and objective of delegation under this section is to enable the Cabinet Secretary to make regulations to provide for the better carrying into effect of the provisions of this Act;
• (b) the authority of the Cabinet Secretary to make regulations under this Act will be limited to bringing into effect the provisions of this Act and to fulfil the objectives specified under this section;
• (c) the principles and standards applicable to the regulations made under this section are those set out in the Interpretation and General Provisions Act and the Statutory Instruments Act,2013.

PARTXIV-REPEALS,SAVINGSAND TRANSITIONALPROVISIONS

• 74.For purposes of this Part,"repealed Act"means the Plant Protection Act.

75. (1) Subject to subsection (2), the Plant Protection

• Act is repealed.
• (2) Notwithstanding subsection (1)-
• (a) any act done or action undertaken under the
• repealed Act shall, unless a contrary intention

Interpretation of

Part. Cap.324.

Repeals and

savings.

• appears, be deemed to have been done under the provisions ofthis Act;
• (b) any statutory instrument issued under the repealed Act shall remain in force until specifically revoked under this Act;
• C any licence issued under the repealed Act and subsisting immediately before the commencement of this Act shall be deemed to have been issued under this Act; and
• any contractual obligations existing pursuant to the
• (d) repealed Act are preserved.

MEMORANDUM OFOBJECTSANDREASONS

Statement of Objects and Reasons

Plant protection play a significant role in not only achieving targets

of crops production but sustaining crop production from the ravages of pests and diseases. This bill seeks to provide a regulatory and institutional framework for the prevention of introduction,establishment and spread of plant pests,management of plant pests and facilitate safe trade in plants, plant products and other regulated articles.

The structure of the Bill is as follows-

• Part I (Clauses 1 to 4) of the Bill provides for preliminary matters including the short title and interpretation of terms used in the Bill with a technical meaning. It further sets out scope of application and objects of the Act.
• Part H (Clauses 5 to 14)of the Bill provides for the responsibilities of various entities relating to plant protection matters. It spells out the roles of National Government, County Governments and the Kenya Plant Health Inspectorate.

Additionally,the Part further provides for the Kenya Technical Committee on Biological Articles and Control Agents responsible for facilitating risk assessment for importation,exportation,local production

and use of biological articles and control agents.

• Part IlI (Clauses 15 to 24) of the Bill deals with the control of plant, plant products and other regulated articles.The Part contains provisions on importation and exportation of plant,plant products and other regulated articles and specify the required approvals,permits and certification.
• Part IV (Clauses 25 to 37)of the Bill provides for the management
• of plant pests. The Part contains provisions on prohibition of introduction ofpests,establishment ofplant quarantine stations and obligationsrelating to new pests and pests of concerns. It further makes provision for pest management measures and containments applicable under the Act.
• Part V (Clauses 38 to 42) of the Bill deals with border surveillance, control and monitoring. It makes provision for border surveillance, inspection of consignments and phytosanitary decontamination of used
• vehicles,machinery and equipment.
• Part VI (Clauses 43 to 47) of the Bill contains provisions on emergency response measures.It establishes a National Plant Health Emergency Response Committee responsible forplanning and management of plant health emergencies at the national level and provides for the establishment of a County Plant Health Emergency Response

Committee for contingency planning and management of plant health

emergencies within a county.

The Part also provides for the conducting of pest surveillance to inform an appropriate phytosanitary action and the development and implement of early warning systems for effective emergency response within the county.

Part VIl (Clauses 48 to 50) of the bill contains provisions on suppression of noxious and invasive weeds or plants.

Part VIll (Clauses 51 to 53) of the bill contains provisions on the management of transboundary and migratory pests.

Part IX (Clause 54) of the bill provides for the Control of wood packaging material.

Part X (Clauses 55 to 61) of the bill deals with plant health and safety assurance. Itprovides for establishment of laboratories to undertake quality assurance functions under this Act;and sets out controls for organically produced plants or plant product,nursery and tissue culture facilities,pests under research and monitoring of pesticide residues and heavy metal contaminants.

Part XI (Clauses 62 to 66) of the bill contains provisions on the appointment of inspectors and laboratory analysts at the National and County level for the purposes of this Act.

Part Xll (Clauses 69 to 75) of the bill contains miscellaneous provisions.

Part XIll (Clauses 76 to 77) of the bill contains repeals, savings and transitional provisions.

Statement on the delegation of legislative powers and limitation offundamental rights and freedoms

This Bill delegates legislative powers to the Cabinet Secretary

responsible for mattersrelating to Plant Protection to make regulations for the purposes of its implementation. The Bill does not limit any fundamental rights or freedoms.

Statement as to whether the Bill is a money Bill within the

meaning of Article 114 of the Constitution

The enactment of this Bill shall not occasion additional expenditure

ofpublic funds.

Dated the 10th June,2025