Kenya Plant Health Inspectorate Service Order, 1996 (L.N. No. 305 of 1996)

Kenya Gazette Supplement No. 58 18th October, 1996 (Legislative Supplement No. 45) CORlUGENDA Legal Notice No. 297 of 1996, IlIMIJd the FIRST SCHEDULE (a) item No. 2 in' the table appearing as Consumption per molllh Chargt!3 KSh. Ot02,200gallons 54.14 per 1,000 gallons or part thereof Consumption per molllh oto 2.200 gallons Charges KSh. 54.\5 pet 1,000. gaUons or part thereof Legal Notice No. 297 of 1996 amend the TIlIRD SCHEDULE item (iv) in the table appearing as Categories of premises Industrial Premises (including construction industry) lo.l'tad Catqories of premises (iv) Indwltrial premises (incillding """"truclion indusky) LEOAI. N(Yl1("I: .No. 305 Amount of Deposit KSh. t.5OO AmountiJf Deposit KSh. 15,000 TIlE.STATE CORPORATIONS Aer (Cap. 446) IN EXERCISE ofthe powers conferred by section 3 (I) of the State CorpOratioll5 Act. I. Daniel Toroitich 'tap· MO;. President and Commander-in-Chief of the Armed Forces of the Republic of Kenya. make the following Order:" THE KENYA PLANT ~~tl~'~:;E!=1'ORATE SERVICE I. This Ordet may be Cited os the Kenya Plant Health lnspe<:t0rate Ci" service Order. 1996and ShallCome into operatidn on such date as may be appointed by notice in the Gazette. Inle'1JfClalicH\•. Cap. 324. Cap. :l26. Estabtishmcal. l-kadquartc:rJ,.: F......... oftbe CorporatiOd. 2. In this Order, unless tile context olherwiSe require........ "Board" means the Board of the Corporalion esrabli$hed under paragraph 4; "Certificate" means the certificate issued by the Director of Apiculture under the PIlmt Proledion Ae:t: "Corporation" means lhe Kenya Plant Health Inspectorate Service C$tablished under paragraph 3; "Plant Breeders' Register" the register of pIalIl varieties maintained under the Seeds and Plant VarietiC$ Act; 3. There is hereby C$lablished a State Corporation to be known asthe Kenya Plant Health Inspectorate Service (hereinafter referred to as the Corporation) which shall be a body corporate in aceo$nce with section3 of the Act and which shall perform and esercise lhe duties, functions and powers specified in the Act and. in Ibis Ofder. 4. There shall be a Boatd of lhe Corporation whicbshall, subject to subsection 6 (4) of the Act, consist of (a) a non-executive chairman appointed by the President; (b) a managing director; (e) the Permanent Secretary to the Treasury; (tI) the Permanent Secretary for the time being rC$pODsible for agriculture; (0) the Director of Kenya Agriwltural Research Institute; if) not more than six other meJllbc1s not being employees of the Corporation 'of whom not more than two $hall be public officers appointed by the minister. 5. The headquarters of the Corporation shall. be in Nairobi. 6. The Corporation shall have the following functions (a) to co-ordinate all matters relating 10 crop pests and disease control; (b) to establish service laboratories to monitor the quality and levels of toxic residues in plants, their soils and products; (c) to advise the Director of Agriculture on the appropriate seeds and planting materials for export and import; (tI) to advise the Director of Agriculture on the issuance of sanitary and phytosanilary certificates; (0) to administer plant breeders' rights and be the liaison office ror the International UniOn for the Protection of New Varieties of Plants (U.P.O.V.) Convention ot 1991; if) to undertake, testing, certifi~tion, quarantine eentrof. variety testing and description .of seeds .ao4, planting; (g) to award $chalatships for the study of pIalIt hes1th services or any other related subjecf which the lloaid Cllnsidcrs to be at benefit to the study of plant health; D. T. AltA MOl, Prosidenl. (h) to enforeo standards for good husbandry and the control of pests . and diseases in national irrigation schemes in conjunction with the National Irrigation Board; (l) to develop and to implement standards on both imported and loc:aJly produced seeds; (}) to approve'aU importation licences for plants and seeds issued by the ministry responsible for commereo and iJ!dustry before such importation takes· place; (k) to approve all export licences for plants and seeds before the issue of such licences by the ministry responsible for c:ommef\:e and industry; . (1)Jo implement national policy on tbe introduction and use of genetically modified. species of plants, insects and micr0 organisms (biosafety) in the country; (m) to be the custodian of the Plant Breeders' Rights Register; (p') to establish the machinery for educating the public on safe use of agro-chemicals. 7. The Board shall (a) administer the assets and funds in sudl manner as tbe Corpora tioo and for such purposes as will promote the best interests of the corporation in accordance with this Order and the Act; (b) receive gifts, donations, grants or other money and equipment on behalf of the Corporation and to make legitimate disbursements therefrom; (c) have power to enter into associations with other persllos. bodies or organizations within or outside Kenya, as the Board ....y consider desirable or appropriate and in furtherance of the purposes for whidl the corporation is established; (ti) have powers to establish committees to whidl it may delegate specific taslcs of the corporation. 8. No matter or thing done by the Board Or any officer or employee :.. agent of the Corporation shall, if the matter or thing is done bona fide 'or executing the functions, powers and duties of the Corporation, render :he member, officer, employee or agent or any person acting by his directions personally liable to any action, claim or demand. 9. The provisions of this Order shall not relieve the Corporation of !he liability \0 pay compensation or damages to any person for injury to I,im, his property or any of his interests caused by the exercise of any 1owers conferred by this Order or by failure, whether wholly or partially !:)f any works. 10. The Corporation may by a resolution either generally or in any 1articular case delegate to a committee of the Corporation or \0 any 1sember, officert employee or age~t the exercise of anyof the powers or :'" perfomance of any of the funclions or duties of which lt is authoriZed !y this Order to exercise or perform. Made on the 4th September, 1996. Liahildy 01 .ho Corpllnlion. Odeplion by ~.