The Prevention of Livestock and Produce Theft Bill, 2023 PART IV -OFFENCES 17— Use of unregistered brand. -18— Branding another person's livestock 19— Offence of livestock or produce theft. 20— Trespass with intent to steal livestock or produce. 21—Conveyance of livestock or produce. 22—Tampering with 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 livestock with intent to steal such livestock. 27—Failure to report commission of an offence. 28—lIssuance of warrant for search, seizure and arrest. 29—Forfeiture of assets derived from livestock theft. 30—Detention of livestock. PART V —-MISCELLANEOUS PROVISIONS 31—Public awareness and sensitization. 32—Dispute resolution. 33—Trial of offences. 34—General Penalty. 35—Legislation by county government. 36—Regulations. 37—Amendiment to Cap. 63. 38-— Repeal of Cap. 357. 39—Repeal of Cap. 355.
The Prevention of Livestock and Produce Thefi Bill, 2023 be prescribed under this Act: "Inspector" means the person designated as an inspector under section 16; . "livestock" means cattle. camel, donkey. pig, sheep, goat poultry and any other animal which the Cabinet secretary may by order declare to be livestock for purpose of this Act; "livestock keeping community" means a community designated by the Cabinet Secretary as such for the purposes 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 the Veterinary Surgeons and Veterinary Para-Professionals Act and is intended to remain attached to or inserted in a livestock; "produce" means the whole or any part of any skin, hide. horn, or carcass of livestock and includes wool, mohair and ostrich feathers: and "register"? means a_ register of livestock brands established and maintained by the county executive committee member in the respective county. 3. The objects of this Act are to — (a) provide a framework for — (i) the prevention. combating and eradication of livestock theft to promote security and stability: (i) the registration and management of livestock
The Prevention of Livestock and Produce Theft Bill, 2023 Functions of the Cabinet Secretary. by livestock owners: (iii) the regulation of the activities of livestock owners in relation to their livestock: and (iv) the disarmament and the return of illegally acquired firearms and ammunition; (b) enhance social and cconomic development amongst the livestock keeping communities in Kenya: (c) provide a [ramework for the tracking and return of stolen livestock; and (d) provide a platform for collaboration amongst the governments, communities and relevant agencies in preventing, combating and — eradicating livestock thefi. PART II -BRANDING OF LIVESTOCK 4, The Cabinet Secretary shal] be responsible for — (a) formulating a national policy and national standards on identification and movement livestock: (b) developing and co-ordinating intergovernmental relations mechanisms in the delivery of services related to identification and movement of livestock; (c) establishing a national data base system for communication, sharing and analysis — of information relating to livestock: (d) in collaboration with the security and other relevant agencies. establishing mechanisms for — the disarmament and confiscation of firearms and 6
The Prevention of Livestock and Produce Theft Bill, 2023 Functions of the county executive committee member. Application for nhomers ammunition illegally held by livestock owners; and (e¢) providing capacity building to the county governments on matters touching on identification and movement of livestock. 5. Every county executive committee in the respective county shall'=< oly s (a) establish and maintain a county register of livestock brands; (b) receive application for and register brands; (c) design and formulate strategies and mechanisms for the prevention, combating and_ eradicating livestock theft; (d) establish systems for the tracking of stolen livestock; (e) promote the abandonment of livestock theft by collaborating with the relevant agencies in sensitizing members of livestock owners on alternative sustainable forms of livelihood; (f) facilitate the acquisition of equipment for monitoring and managing the movement of livestock: and (g) carry out such duties or functions as may be necessary for the achievement of the objects of this Act. 6. (1) Every livestock owner shall apply to the county executive committee member for the registration in their name of a brand of such nature and dimensions as shall be prescribed in county legislation. (2) An application under this section for the registration ofa brand shall —
The Prevention of Livestock and Produce Theft Bill, 2023 brand. 'Transter of a , issue to the applicant a certificate of registration in the form prescribed in the county legislation. (2) Where the holder of a certificate claims that the certificate has been lost or destroyed, the holder of a certificate may make an application in accordance with subsection (4) to the county executive committee member for the issue of a duplicate certificate. (3) On receipt of an application made under subsection (2). the county executive committee member shall, if satisfied that the certificate has been lost or destroyed, issue a duplicate certificate to the applicant in place of the original certificate. (4) An application under subsection (2) shall — (a) be in the form and contain such information as shall be prescribed 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 cancelled and the duplicate certificate has the same effect as the original certificate. 8. (1) A proprietor of a registered brand may apply to the county executive committee to transfer the right to that brand to another person. (2) An application under subsection (1) shall — (a) be in the form and contain such information as shall be prescribed in the county legislation: (b) contain the consent of the person to whom the proprietor of the registered brand wishes to transfer the right to that brand; and (c) be accompanied by the fee prescribed in the county
The Prevention of Livestock and Produce Theft Bill. 2023 Cancellation of a registered brand. Appeals legislation. (3) The county executive committee member shall. within thirty days from the date of receipt of the application under subsection (1). approve the application if satisfied that the application complies with this section or reject the application where the application does not comply with this section. (4) Where the county executive committee member approves an application under subsection (1). he or she shall issue to that person a certificate of the transfer in the form prescribed in the county legislation. (5) Where an application for transfer of a brand is rejected. the county executive committee member shall. within thirty days from the date of receipt of the application give written notification with reasons for rejection to the applicant. 9. (1) The county executive committee member may . . cancel a registered brand if - (a) the proprietor no longer requires the use of that brand and has notified the county executive commitlee member; (b) the proprietor has died: or (c) the proprietor is a body corporate and the county execulive committee member is satisfied that the body corporate has been wound up or dissolved. (2) Notwithstanding the provisions of subsection (1)(b). where the proprietor of a registered brand dies, his personal representative may use the brand until — (a) the appointment as a personal representative is terminated; or (b) the distribution of the esiate of the deceased is completed. 10. (1) A person who is aggrieved by the decision of the county executive committee member with respect to 10
The Prevention of Livestock and Produce Theft Bill, 2023 Obligation to brand livestock. Use of a permanent identification device gistration, transfer or cancelation of a brand, may appeal to é High Court. re th (2) An appeal under this section shall be lodged within thirty days from the date on which the appellant first received the notice of the decision 11. (1) Every livestock owner shall, before the livestock attains the age of six months, brand it or cause it to be branded with a registered brand of which the livestock owner is the proprictor. (2) Every livestock owner shall, in the case of livestock which is older than six months at the commencement of this Act. within three months of the commencement of this Act brand it or cause it to be branded with a registered brand of which the livestock owner is the proprictor. (3) A person branding livestock with a brand under subsection (1), ensure that such brand — (a) is conspicuous; (b) is safe to the livestock and a consumer of the final product of the livestock; and (c) meets such other criteria as the county executive committee member may, by notice in the Gazelre, prescribe under subsection (4). (4) The county executive committee member may prescribe further requirements on branding including branding of livestock which have not attained six months. 12. (1) The Cabinet Secretary, in consultation with the council of county governors, may make regulations on the use of permanent identification devices. (2) Where a permanent identification device is used instead of a brand. a reference to brand in any of the provisions of this Act shall be construed to mean a permanent identification device.
The Prevention of Livestock and Produce Theft Bill, 2023 Conveyance of livestock or produce. excuse for their presence in the land; or (b) was proceeding along a road or thoroughfare traversing such land or part of such land, be presumed to have entered the land with the intention of stealing livestock unless such person proves that they did not enter such land with the intention to steal the livestock or produce therein. 21. (1) No person shall, without lawful authority, drive, convey or transport any livestock or produce along a public road unless that person is in possession of — (a) the document of identification issued by the owner of such stock or produce or the duly authorized agent of such owner; and (b) a removal permit issued by the registrar for the conveyance of the livestock or produce, in which is stated- (f) the name and address of the person who issued the certificate; (ii) the name and address of the owner of such stock or produce: (ii) the place from which and the place to which such stock or produce is being driven, conveyed or transported: (iv) the name of the driver, conveyor or transporter: (vy) the date of issue of the permit: and (vi) where applicable, the — registration number, model and make of the vehicle with which the stock or produce is being conveyed or transported.
The Prevention of Livestock and Produce Theft Bill, 2023 Prohibition of the delivery or sale af livestock or produce at night. Hlegal possession of livestock. legal possession of produce. Killing of livestock with intent to steal such livestock. Failure to report commission of an offence. 23. (1) A person shall not deliver or sell or otherwise trade in, or accept the delivery of any livestock between 6:30 p-m. and 6:00 a.m. (2) A person who contravenes the provision of subsection (1) commits an offence and is liable, on conviction, to imprisonment for a term of not more than twelve months or to a fine not more than eight hundred thousand or to both. 24. A person who has in his or her possession any livestock which may reasonably be suspected of being stolen or unlawfully obtained shall, if that person fails to prove to the satisfaction of the court that he or she came by the livestock lawfully, commits an offence and is liable on conviction to imprisonment for a term of not less than fifteen years. 25. (1) A person who has in their possession produce which may reasonably be suspected of being stolen or unlawfully obtained commits an offence and is liable on conviction, to imprisonment for a term of not less than ten years. (2) For the purposes of this section it shall be sufficient, in order to raise a reasonable suspicion that any produce is stolen or unlawfully obtained, if, when required by the person who arrests him to account for the possession of the produce, the person arrested fails to account therefor or gives an account which the person who arrests him or her reasonably finds insufficient. 26. A person who kills any livestock with intent to steal the skin or carcass, or any part of the skin or carcass commits an offence and shall be liable on conviction, to imprisonment for a term of not less than ten years. 27. A person commits an offence if the person, being aware that an offence of stock theft has been. is in the process of being. or intends to be, committed. fails to report
The Prevention of Livestock and Produce Theft Bill, 2023 Detention of livestock. produce, or dealing in stolen livestock or produce, or any other iraudulent activities in relation to livestock or produce. (2) If, upon such investigation, it is found that any assets of such 'person have been derived from or are attributable to any of the activities referred to in subsection (1), the court shall make an order the forfeiture of such assets to the Government. (3) For the purposes of subsections (1) and (2), the court may make an order- (a) authorizing the law enforcement officer to search for and seize any assets of the person concerned, pending the investigation; b) requiring any person to make available to the law pIEINE any' enforcement officer any document relevant to the location or identification of any assets of such person: (c) prohibiting any dealing in any assets of such person without an order of the court; or (d) requiring any bank or other financial institution to produce to the law enforcement officer, any information relevant to any assets of such person. (4) A person who has any interest in any assets seized or forfeited under this section may apply to the court to have such assets released. (5) A person who deals with any assets, which are subject to an order of the court under this section, contrary to the terms of such order commits an offence and is liable, on conviction to imprisonment for a term of five years or to a fine of one million shillings or to both. 30. (1) Any livestock or produce seized in relation to an offence committed under this Act shall be released to the owner within seventy-two hours from the time of seizure. (2) Notwithstanding the provisions of subsection (1), where livestock or produce seized in relation to an offence committed under this Act and ownership of such livestock or 21
The Prevention of Livestock and Produce Theft Bill, 2023 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. Ifa person contravenes any provisions of this Act where no penalty is provided for, that person shall, on conviction and notwithstanding the provisions of any other written law. be liable, in the case of a misdemeanour to a fine of not less than five hundred thousand shillings or to imprisonment for a term not exceeding two years or to both, and in the case of a felony to a fine of not less than one million or imprisonment for a term of not less than five years or to both. 35. Each county government shall, with respect to implementation of the provisions of this Act, enact county specific legislation or put in place such administrative measures and policies for better carrying into effect the provision of this Act within the respective county. 36. (1) The Cabinet Secretary, in consultation with the council of governors, may make regulations generally for the better carrying out of the provisions of this Act. (2) Without prejudice to the generality of subsection (1), the Cabinet Secretary may make regulations — (a) for the registration and identification of livestock; (b) for the removal or conveyance of livestock or produce under this Act: (c) for the management of livestock centres under this Act: (d) the conduct of sensitization programmes and the publication and dissemination — of information under this Act: and Ww wo
The Prevention of Livestock and Produce Theft Bill, 2023 I certify that this printed impression is a true copy of the Bill as passed by the Senate on Thursday, 21% March, 2024. ~ oe : pf) »Y b&b A Clerk of th Saute 7 pf) »Y b&b A Clerk of th Saute 7 Endorsed for presentation to the National Assembly in accordance with the provisions of standing order 156 of the Senate Standing Orders. Speaker ofhe Senate Speaker ofhe Senate