Nairobi City County Urban Agriculture Promotion and Regulation Act, 2015 (No. 4 of 2015)

/ SPECIAL ISSUE / NairobiCiyCou1GazettcSu1ipk,i,e N.i6 (Act.cNo.4) REPUBLIC OF KENYA 7ATIONAL COUNCIL P LAW REPRT1NC LIBRARY NAIROBI CITY COUNTY TV GrET1E SUPPLEMENT ACTS, 2015 NAIROBI, 27th. August, 2015 CONTENT Act— W" Th Nairobi City County Urban Agricu!ture Promotion and RcguIaionAc, 2015 PRINTED A.qfJ JIusnm) -ntL C)VN?llLf PIflTE.NM'om . • •..- -.-• THE NAJiROBI CITY COUNTY URBAN AGRICULTURE. • .• PROMOTION AND REGULATION ACT, 2015 • N6.4 of,205 Date of Ascent: J2thAugust 2015 Date of C'nnmencenunii 27th August, 2015 ARRANGEMENT CESECTJONS Sectton • PiUT—PRELIMINAItY I.—Short title and Commencement; 2—Thterprétation 3 --Objectives of the Act. PART .11—PROMOTION OF URIANARICULTURE 4—Duty of Executive Committee Member to promote Agricu1ure.• 5 —inc1usio of urban Agriculture in County physicaPplanning. / 6— Cäunty Urban Agriculture strategic plan. 7 7--Ap'rovat for 9gficultural activities. 8—General responsibilities of the county executive with respect - to Agiculin re. 9— Jse of vacant land for agricultural'purposcs, 10 ---Jrnplementation and administration of urban agriculture. PART III —THE NAIROBI CITY COUNTY URBAN AGRICULTURE PROMOTION ADVISORY BOARD Ii —Establishment arid membership of the Urban Agriculture Promotion Advisory Board. • 12—Functions of the Board. • PARTly—MISCELLANEOUS PROVISIONS 13—Application of nationai legislation. • 14--Powrs of County Government tøbeexer dyith xecmimive Committee Member. 15—County Government to appoint inspectors. etc. 16—Regulations. t 2 No. 4 Nairobi City County .L/rbanAgricuitire Proinptioit aidRcy!a,ion 2015 THE NAIROBI CITY COUNTY URBAN AGRICULTURE PROMOTION AND REGULATION ACT, 2015 AN ACT of the County Assembly of Nairobi City to provide for the promotion. of urban agriculture within the Nairobi City County; to provide the necessary regulatory framework for ;ihpráctice of agriculture in the county; to establish the Nairobi City County Urban Agriculture Promotion : Advisory Board and for connected purposes ENACTED by the Nairobi City County Assembly, as follows— PART I—PRELiMINARY This Act may be cited as the Nairobi City County Sflortlitk Urban Agriculture Promotion and Regulation Act, 2015. (1) In this Act, unless the 'context otherwise requires— "agriculture" means cultivation of land and 'the.usepf ,.. land (whether or not covered by water) for any purpose of husbandry, aquaculture and food production arid includes— . . cultivation of crops and horticultural practice 2013 within the meaning of the Crops'A.dt, 2043 . '." breeding of aquatic animals and plants tr th.37s Kenya fishery waters and fish.farming as provided;.. . for in the Fisheries Act; .. .. . the use of land, meadow land, market.'gd'ti'or. nursery. grounds: .. .. . . fish harvesting within.the meanig,øftheFsherics Cal). 378 Act; and iA the use of land for agro forestry, When that use is ancillary to the use Of land 'for other agri'Ultural purposes; transgenic and, microbial formulations for use and application in agricultural systems breeding ancLkeping of livestock. r . 3 2015 . NairobiCity County Urban ArfcuIuire Promotion md Regiila non No. 4 "Board" means the-.Nairobi City County Urban Agriculture Promotion, Advisory. Board. pstabti shed under section 11: "Executive Committee Member" means the Executive Committee Member responsible for agricti1ture 31ivetock and fisheries; and. "relevant legislations" means the. national No. I3f,2013 Agriculture, Fisheries and Food Authority 'Act, 2013, the Nn. )o12OI3 national Crops 'Act, 2013 and any othei national legislation relating to Agriculture, enacted by. the National Govemment,.–'-•. (2) The meanings ascribed to phrases or expressions in the relevant legislation shall' apply to those words, phrases or expressib6s the words, phrases' orexpressi.ons are used iii this Act hild, the words, phrases or expiessi0ns used in this Act shall have c.olTesponding meaning as, set but in the National Legislation unless the context requires otheiwise 3. The objects of this Actare to— Objective, of the Act. contriha.te to 'food secirity tlirotigh the development of agriculture in the county by empowering, the people and institutions through al!owi'g.and fac tating agricultural activities fr subsistence a,nd'conimerciai purposes; promote increased access to agricultural extension services and promote the development of people's capacities in food production, value-addition. value chain development and employment. creation; promote support. and guide the development of urban agriculture within the County; regulate access •o land and wathrr'uinrban agriculture within the cOuiay,, giving priority to residents of high density and informai set dements, protect food safety, pUbfC ]iaiih d the environment by defining, environmental -standards for urban agriculture within the County-, (0 institutionalise administrative procedure's for' access to agricultural resources including ogank waste; . - - ..-.' r 7 4 No.4 Nairobi City Counly Urban Agr!czi/tifr P i d Regukitioi 1 2015 provide for procedures to monitor positive and negative effects of urban agriculture with regard to social, economic and environmental conditions and allocate responsibUities to the espectivc county institutions in that regard, taking into account authoritative research and best practice; establish.procedure to oversee law enforcement on issues regarding urban agriculture; facilitate job creation in the county by encouraging agriculture as an alternative source of income. PART 11—PROMOTION OF URBAN AGRICULTURE 4. (1) The Executive Committee Member shall ensure 1y or Executive C4nmfl1 Mrnbr measures are taken to promote sustainable urban agriculture in the County. Agriculture. Urban agriculture may be carried out by means of structures that support agricultural activity, including tool sheds, greenhouses, livestock structures, fish structures, storage facilities such as silos and hay barns, produce stands, and instructional space. The Executive Committee Member shall establish measures to promote best practices and regulate production, processing, marketing, grading, storage,. collection, transportation and warehousing of crop and livestock products and inputs including organic waste within the County 5. The Executive Conimittee Member shall, inJlioYn consultation with the. respective county. Executive county Physical Committee Members, ensure the inclusion of urban Piig. agriculture in the planning process as a component ofland use and food policy and zoning, marketing and market infrastructure. 6* The Executive Committee Member th11 prepare a County orbin - .. Agncultun strategic plan for the urban agriculture programs in Se puii. accordance with section 36 (l):ffland 4O(i)of.the National Urban Areas and Cities Act, and shall identify areas for the expansion or deepening of agricultural activities in the County. : a • •: •,,f • •• 5 2015 Naiiobi City Cowriy Urban /1ricuiuq,e Pmrnc:tio,i and Regulation .No. .4 A person may engage ingricu1ture within the APofr county subject to this Act,. th re.levantiegislation. and any other laws relating toPianning., Environment.Nuisaàce and -' Public Health. . •• 7, The County Government shall— GencrI - • , rer,otishiIites of (it) undertake training and capte1v building of the cousT farmers in. VarIOUS areas including sustainable • commercial livestock farming, animal health, aiciillt,. disease and pest management practises, biogas and organic compost anl manure production, sustainable, appropriate prQduction of crops., vegetables, fruits, agro foreszy and mushrooms; appropriate fith fand brding; ensure collaboration among the relevant stakeholders of the County Government to-manage organic wastc:fOr.its use as aninpnt foi:ürban and rural agricultuie;. supervise, co-ordinate and promote Crbp. and Livestock P;oduction, Fishing, Fih Far.rnig, Fish Breeding programmes and Fish 'Inspection in markets to ensure quahiy Fish products on the market; esabUsh a policy of co-management for the Fisheries. Crop and Livestock; () monitor and regulate, crop, Livestock and Fishing activities in accordance with this Act and relevan legislation; (0 ensure the hygienic and sanitary standards in the ha.idling of Fish, Meat and other products for human consumption through implementation of standard operating procedures and food health requirements for handling of 'foods and treatment of any agricultural product; (g) ensure that the urban agriculture programs are adequately funded; (Ii) collect and collate data, and maintain a database on agricultural activities and production including registration of players; (i) develop an agriculture, Fish and Livestock marketing infrastructure in the County; / 6 No 4 Nairobi Cliv Couniy Urban Agriculiare PrQiiu 110 1?q01aiion 2'JI5 j) promote animal welfare production activities; (k) promote product identification and traceab i l i ty systems. 9 (I) The Executive Coiimittee Member may make ImPk91entiflan(,' ndminitrfflot of iules consistent with the cunty s zoning and other relevant Urban Agriulwre. laws, for the implementation and administration of Urban Agriculture. (2) The E*ecutive Committee Member may enter into a contract with a landowner to restrict the ue of land, subject to the contract, to uses consistent with urban agriculture, and a contract entered into pursuant to this section shall include, but is not limited to the following the term of the contract; a requirement that the entire property subject to the contract shall be dedicated toward commercial or non-commercial agricultural use; a prohibition against an y dwellings On the propert y during the .pendency of the contract; prohibition on the use of pesticide or fertilizers. PART Ill—NAIROBI CITY COUNTY URBAN AGRICULTURE PROMOTION ADVISORY BOARD 10. (1) There is established the Ncirohi City County Urban Agriculture Promotion Advisory Board. Projotihii Alvknrv (2) The Board shall consist of— a chairperson to who shall be a person with exnrtence in agricultural promotion appointed by the Governor with the approval of the county Assembly; four other members who shall be persons knowledgeable and experienced inmatters of urban p)annLng, agriculture, pubite health and ecomics respectively appomed by Govenioi on the recommendation of the- Executive Committee Member with the approval of the County Assembly; the Chief Officer responsible for Ariuiture who shall be the Secretary to the Board It 4 / a / 7 2015 Nuircbi CTh' County Urban AricuUiire Promo/ion and Regulation No. 4 Ii • The Board shall. advise the Executive Committee Member generally on the promotion of agricultural Board, activities in the county on programs and,goals for Urban Agriculture, Livestock, arid Fisheries Development in the County. PART IV—MISCELLANEOUS PROVISIONS I2 The provisions Of relevant legislation shall apply to the County promotion, regulation and management of L:gIO1n. Agriculture iti.the County. The powers and responsibilities o the County J!V of cour - . Govcrnmcnt to be Government as set out in the relevant legslatlon -and this xtrciscd by the Act shall be exercised by the Executive - Committee Member. The County Government shall designate such County(overnmcnI officers to be inspectors for the purposes of the relevant legislation md this Act and for the performance of the reevantfunctions under the relevant- legislation. (1) The County Executive Committee Member. Regulations. etc 1! make regulations for the better carrying out of the [G'dOflS of this Act. (7 Te Coty Exective Mer:ber shall ensure, by wy of regulations, administrative arlangements, cograinmes and pohicies,the achievement of the objects of the Act as set out in section 4. /