Report On Consideration Of The Plant Protection Bill, 2025

THENATIONALASSEMBLY THIRTEENTHPARLIAMENT-FIFTHSESSION-2026 DEPARTMENTALCOMMITTEEONAGRICULTUREANDLIVESTOCK

REPORT ON:

THEPLANTPROTECTIONBILL(NATIONALASSEMBLYBILLNO.28OF2025)

CLERK'SCHAMBERS DIRECTORATEOFDEPARTMENTALCOMMITTEES PARLIAMENTBUILDINGS NAIROBI

TABLEOFCONTENTS

| LISTOFABBREVIATIONSANDACRONYMS. | |----------------------------------------------------------------------------| | LISTOFANNEXURES.... | | CHAIRPERSON'SFOREWORD 4 | | I.OPREFACE.. 6 | | I.I INTRODUCTION. 6 | | 1.2MANDATEOFTHECOMMITTEE 6 | | 1.3COMMITTEESUBJECTS. 6 | | 1.4COMMITTEEMEMBERSHIP 7 | | I.5COMMITTEESECRETARIAT 8 | | 2.0BACKGROUNDTOTHEPLANTPROTECTIONBILL,2025 9 | | 2.ICONTEXTOFPLANTPROTECTIONLEGISLATION.. 9 | | 2.2EVOLUTIONOFPLANTPROTECTIONLEGISLATIONINKENYA 9 | | 2.3RATIONALEFORTHEPLANTPROTECTIONBILL,2025. ..10 | | 2.4COMPARATIVEANALYSIS .11 | | 3.0OVERVIEWOFTHEPLANTPROTECTIONBILL,2025 ...14 | | 3.IINTRODUCTION .14 | | 3.2OBJECTIVESOFTHEBILL ...14 | | 3.3INSTITUTIONALFRAMEWORKSPROPOSEDINTHEBILL ..14 | | 3.4REGULATORYFRAMEWORK. ..15 | | 3.5PROVISIONSOFTHEBILL-CLAUSEBYCLAUSE .16 | | 4.0PUBLICPARTICIPATION/STAKEHOLDERSCONSULTATION ...20 | | 4.ITHESTATEDEPARTMENTFORAGRICULTURE. .20 | | 4.2KENYAPLANTHEALTHINSPECTORATESERVICE(KEPHIS).. ..23 | | 4.3KENYAAGRICULTURAL&LIVESTOCKRESEARCHORGANIZATION.... 23 | | 4.4THEKENYABUREAUOFSTANDARDS(KEBS) 24 | | 4.5THEKENYASEEDCOMPANY(KSC) 24 | | 4.6SEEDTRADEASSOCIATIONOFKENYA.... .25 | | 4.7PESTSCONTROLANDPRODUCEBOARD... .25 | | 26 | | 4.8THEAGROCHEMICALSASSOCIATIONOFKENYA(AAK) .25 5.0COMMITTEEOBSERVATIONS... | | 6.0COMMITTEERECOMMENDATION .27 | | 7.0SCHEDULEOFPROPOSEDAMENDMENTS. 28 |

LISTOFABBREVIATIONSANDACRONYMS

AAK

Agro-ChemicalsAssociation of Kenya

ALOP

AppropriateLevelofProtection

ANVISA

National Health Surveillance Agency

APHIS

Animal andPlantHealthInspectionService

ASTGS

Agriculture Sector Transformation and Growth Strategy

DAFF

DepartmentofAgriculture,FisheriesandForestry(Australia)

DALRRD

DepartmentofAgriculture,LandReformandRuralDevelopment

FAO

Food and Agriculture Organization

FCM

FalseCodlingMoth(Thaumatotibia leucotreta)

GM

GeneticallyModified

IPPC

International PlantProtection Convention

ISPMs

InternationalStandardsforPhytosanitaryMeasures

KALRO

KenyaAgricultural &LivestockResearchOrganization

KEBS

KenyaBureauofStandards

KEPHIS

KenyaPlantHealthInspectorateService

KSC

Kenya Seed Company

MAAIF

Ministry ofAgriculture,Animal Industry and Fisheries

MAPA

Ministry of Agriculture and Livestock (Brazil)

MLN

MaizeLethalNecrosis

NOPEU

National OrdinaryPeopleEmpowermentUnion(KenyanPoliticalParty)

NPPO

NationalPlantProtectionOrganization

ODM

Orange DemocraticMovement

PCPB

PestControlProductsBoard

PPA

PlantProtectionAct

PRAs/PRA

PestRiskAnalyses/PestRiskAnalysis

UDA

UnitedDemocraticAlliance

USDA

UnitedStatesDepartmentofAgriculture

WTO-SPS

World Trade Organization Sanitary and Phytosanitary Agreement

LISTOFANNEXURES

Annexure I:Report Adoption Schedule

Annexure2:Minutes

Annexure 3:Copy of the Plant Protection Bill (National Assembly Bill No. 28 of 2025)

Annexure 4:Copy of the Newspaper Advertisement on Public Participation

Annexure5:LetterInvitingStakeholdersforaMeetingwith theCommittee

Annexure6:StakeholderSubmissions

CHAIRPERSON'SFOREWORD

Thisreportpresentstheproceedings of theDepartmental Committee onAgriculture and Livestock during its consideration of the PlantProtection Bill (National Assembly Bill No.28of 2025).The Bill, sponsored by Hon.Kimani Ichungw'a, EGH, MP, the Leader of the Majority Party,was published on24h June 2025 and underwent its First Reading on 6th August 2025.It was subsequently committed to theCommitteeforconsideration andreportingto theHousepursuanttoStanding OrderI27oftheNationalAssemblyStandingOrders.

and spread of plant pests and facilitate safe trade in plants, plant products, and other regulated agricultureagainstendemicandforeignpests.

In compliance with Article I18 (1) (b)of the Constitution and Standing Order 127(3),the frommembersofthepublicandrelevantstakeholders.Tocomplementthesewrittensubmissions, theCommittee,vide aletter REF:NA/DDC/A&L/2026(035)dated 21*April 2026,invited key actors to a stakeholders' engagement meeting.This consultative forum allowed the Committee to capturevitalinputfromkeyinstitutions.

Followingacomprehensiveexaminationof theBillandarigoroussynthesisof thesubmissionsmade, theCommitteeobservedthat theenactmentof thePlantProtectionBill,2025representsa science-driven decision making by incorporating global and regional best practices.Significantly, the Bill resolves long-standing statutory obsolescenceby directly addressing contemporary agricultural innovations and market realities that have emerged since the mid-2ot century, thereby systematically eliminating the enforcement gaps, inadequate penalty structures and procedural limitationsthatweakenedthelegacyPlantProtectionAct(Cap324).

Further,theBill optimizesKenya's institutional architecture andsecuresglobal trade by formally designating the Kenya Plant Health Inspectorate Service (KEPHIS) as the nation's singular National PlantProtection Organization(NPPO).This formal designation institutionalizes Kenya's compliance obligations under the International Plant Protection Convention (IPPC), providing a legally verifiable footholdininternationalcommerce thatsecuresuninterruptedmarketaccessforagricultural andtechnicaladvisorymandates.Underthisstructuredframework,KEPHISretainsexclusive,dayto-day regulatory and enforcement powers over border surveillance,plant health inspections and quarantinecontrols,whilespecializedentities,suchastheKenyaTechnicalCommitteeonBiological Articles and Control Agents,arerestricted to an advisory and evaluative roles centered strictly on

In discharging its mandate, the Committee adopted part of the amendments proposed by the stakeholderstoenhance thelegislative andstructuralclarityof the Bill.These consensus-driven changesformpartoftheCommittee'sproposedamendments.

The Committee appreciates the Offices of the Speaker and the Clerk of the National Assembly for the technical and logistical support accorded to it during its sittings. Further, the Committee appreciatesallstakeholderswhodedicated theirexpertiseandtimetosubmitcommentson the Bill Finally, I wish to express my profound appreciation to the Honourable Members of the Committee andtheSecretariatfortheirinvaluablecontributions towardthepreparationofthis report.

On behalf of the Departmental Committee on Agriculture and Livestock and under provisions of of the Committee on its consideration of the Plant Protection Bill (National Assembly Bill No. 28 of2025).

Hon.(Dr.) John Kanyuithia Mutunga,PhD, CBS, M.P. Chairperson,Departmental CommitteeonAgricultureand Livestock

I.0PREFACE

I.IINTRODUCTION

• global markets,yet itremains inherently vulnerable to transboundarybiological threats.In responsetotheseescalatingrisks,thePlantProtectionBill,2025establishesacomprehensive enactment by Parliament, establishes a regulatory and institutional framework for the prevention of introduction, establishment and spread of plant pests; management of plant pests; facilitate safe trade inplants,plant products and otherregulated articles.The Bill,sponsored by Hon. Kimani lchungw'a, the Leader of the Majority Party, was published on 24h June 2025 and ReadaFirstTimeon6thAugust2025.
• 2.The Bill seeks to introduce Phytosanitary measures to secure Kenya's agriculture against endemic and foreign pests, promote safe trade, protect the environment and ensuring the sectorremainproductiveandcontributetothenationaleconomy.
• 3.ThePlantProtectionAct(Cap.324of the Laws of Kenya) enacted in 1937and the subsequent revisions no longer fully address the current agricultural, environmental and traderealities, hence the needfor alegislativereviewtoaddresscritical gaps inthesector.

1.2MANDATEOFTHECOMMITTEE

• 4.The Departmental Committee on Agriculture and Livestock is one of the twenty Departmental Committeesof theNationalAssemblyestablishedunderStandingOrder 2l6whose mandate, among others, is "to study and review all the legislation referred to it."

1.3COMMITTEESUBJECTS

• 5.The subject matter of the Committee is stated in theSecond Schedule of theNational Assembly

6. In executing its mandate, the Committee oversees the Ministry of Agriculture and Livestock Development.

1.4COMMITTEEMEMBERSHIP

7. The Committee, initially constituted by the House on 27th October 2022 and reconstituted on 6th March 2025, brings together a diverse and experienced team of legislators entrusted with steering the nation's Agricultural and Livestock Policy oversight agenda. Its membership is as follows:

Chairperson

Tigania West Constituency UDA Party

Hon.(Dr.) John Kanyuithia Mutunga,PhD, MP

Vice-Chairperson

:Konoin Constituency

Hon.BrightonLeonardYegon,MP

UDA Party

Members

Hon. Gabriel Gathuka Kagombe, MP

Gatundu South Constituency UDA Party

Hon.Monicah Muthoni Marubu,MP Lamu County

IndependentMember

Hon.Patrick Kibagendi Osero, MP Borabu Constituency ODM Party

Hon.Yussuf Mohamed Farah,MP WajirWestConstituency

ODM Party

Hon. Ruth Adhiambo Odinga, MP . Kisumu County ODM Party

Hon.John Okwisia Makali, MP Kanduyi Constituency Ford Kenya Party

Hon. Sabina Wanjiru Chege, CBS, MP Nominated Member Jubilee Party

Hon.Ferdinand Kevin Wanyonyi, MP Kwanza Constituency

Ford Kenya Party

Hon. Geoffrey Makokha Odanga, MP Matayos Constituency ODM Party

Hon. Justice Kipsang Kemei, MP Sigowet/Soin Constituency

UDA Party

Hon.Jared Odoyo Okelo, MP Nyando Constituency ODM Party

Hon. Lawrence Mpuru Aburi, MP

Tigania East Constituency NOPEU Party

Hon. David Kiplagat, MP Soi Constituency UDA Party

I.5COMMITTEESECRETARIAT

• 7.The CommitteeSecretariat,a dedicated team of technical officers,provides support to the Committee.Itcomprisesthefollowingstaff

Mr. Dennis Mogare Ogechi

HeadofSecretariat/FirstClerkAssistant

Mr.VictorK.Kilimo

Ms.Evelyne Orina

ClerkAssistantIll

ClerkAssistantIll

CPA Robert Ng'etich

Mr. Shadrack Musyoki SeniorResearch Officer

Fiscal Analyst I

Mr. Gerald Kadede

Mr. Calvin Karung'o

Legal Counsel Il

MediaRelationsOfficerIll

Mr.John Ng'ang'a

Ms. Jacinta Maru

Audio Recording Officer

Serjeant-at-Arms

2.0BACKGROUNDTOTHEPLANTPROTECTIONBILL,2025

2.ICONTEXTOFPLANTPROTECTIONLEGISLATION

• domestic food security and international trade law.As global supply chains have expanded,the exponentially. Regulating these biological risks requires a dual approach: binding global treaties that standardize safety metrics to prevent protectionist trade barriers and robust national legislation that translates those international standards into domestic regulatory powers.
• 9.Historically, international plant protection evolved alongside the expansion of global agricultural trade in the 19th and 2o"h centuries.The primary challenge was balancing biosecurity with trade facilitation, ensuring countries could protect their ecosystems without using arbitrary health regulations ashidden,non-tariffbarrierstotrade.
• 10.TheInternational PlantProtectionConvention(iPPC),a multilateral treatyoverseen by the Food and Agriculture Organization (FAO), serves as the definitive global framework for preventing the introduction and spread of plantpests.Toharmonizeglobal biosecurity and trade, the IPPC establishes International Standards for Phytosanitary Measures (ISPMs) that guide emergencies. Under this treaty, contracting parties are legally obligated to establish a National inspections, conducting Pest Risk Analyses (PRAs) and issuing official phytosanitary certificates toensuresafeinternationalcommerce.
• Il. TheWorld Trade Organization's Agreement on the Application of Sanitary and Phytosanitary Measures (SPS Agreement) reinforces global biosecurity by granting member states the right to and rigorous risk assessments.By explicitlyrecognizing the IPPC as the international standardIPPC protocols is presumed compliant with international trade laws, effectively preventing

2.2EVOLUTIONOFPLANTPROTECTIONLEGISLATIONINKENYA

• and a vital transit hub for East Africa, Kenya's economic stability depends heavily on its biosecurityinfrastructure.

13. For decades, Kenya's primary legal mechanism for plant health was the Plant Protection Act (Cap 324).WhileCap324 establishedbasic biosecurity controls,it was drafted in anera before modern agricultural biotechnology,devolution and complex global trade treaties.It lacked explicit alignments with the full suite of modern IPPC protocols and struggled to address the challenges of a devolved governance structure.

• I4. To consolidate phytosanitary and seed quality regulations, the state established the Kenya Plant Health Inspectorate Service (KEPHIS) under the KEPHIS Act (Cap 349). KEPHIS was given the mandate to manage quality assurance for agricultural inputs and produce, intercept nonharmonizetheexecutionofthesepowersacrossbothlevelsofgovernment.
• 15.The introduction of the Plant Protection Bill,2025(National Assembly Bill No.28) representsamajorlegislativeoverhaul designedto completelyreplace thelegacyCap324

framework. It directly bridges the gap between Kenya's international commitments and its domesticconstitutionalrealities.

2.3RATIONALEFORTHEPLANTPROTECTIONBILL,2025

• these escalating biological threats, premium import markets,most notably the EU, consistently impose increasingly stringent phytosanitary standards on agricultural entries.This heightened global biosecurityregime directly intersects with escalatingvulnerabilities withinKenya.The convergence of expanded international trade, high-volume travel, changing climate patterns, and incursions across the country.
• productivity and mandates the development of robust regulatory procedures for their management.Despite this policy directive,the effective implementation of phytosanitary measures acrossKenya continues tobe severelyhampered by structural vulnerabilities.These include inadequate phytosanitary monitoring and early-warning systems; insufficient human capital,technical infrastructure andfinancial resourcing andaweaklegacylegalframework characterizedbyoverlappinginstitutionalmandates.

15. These systemic gaps have had devastating cascading impacts on Kenya's agriculture, biodiversity, national economy and international trade standing.Domestically,weakphytosanitary controls contribute to high crop mortality during active production,which then multiplies during the localized pest management. For high-value crops like fruits and vegetables, these combined livelihoods.

• consignments triggers severe traderestrictionsand catastrophic losses oflucrative market access. A critical contemporary example is the threat posed by the False Codling Moth EU phytosanitary protocols for rose exports.
• 17.ThePlantProtectionBill,2025establishesa modernizedstatutory architecturedesigned to
• a)ObsolescenceoftheLegacyLegalFramework:The currentprimarylegislationwas enactedinI937.Its subsequentrevisionsfailto addresscontemporarymarketrealities, international trade demands or modern agricultural technologies. Crucially, the legacy Act lacks the clear procedural pathways and robust statutory powers required for enforcement agencies to mount swift, effective responses to contemporary biological threats.
• b)Escalating Pest Incursions and Emerging Threats: Kenya faces a continuous and
• ? high-value horticultural produce to premium global markets,Kenya must strictly align its domesticlawswithinternational standards.TheBill formalizes compliancewith theWorld (

International Plant Protection Convention (IPPC). Failing to harmonize these standards risks regulatorypenalties,oroutrightmarketexclusion.

• Climate Change and BiosecurityVulnerabilities:Climate change is actively altering the geographic distribution, vector behavior, and reproductive intensity of plant pests. To counter these shifts, the law must equip national institutions and County Governments with proactive legal tools to systematically prevent, monitor and manage climate-induced biosecurity risks.
• e) Institutional and Regulatory Strengthening: The enforcement powers, financial penalties andcompliancemechanismswithin the existinglegalregime areinadequate to product certification, border inspection protocols and statutory sanctions to ensure strict domestic and international compliance.
• f) National Policy Coherence and Alignment:The National Phytosanitary Policy (2023) explicitly identified critical regulatory gaps within Cap 324 and called for its replacement. specifically supporting the Agriculture Sector Transformation and Growth Strategy (ASTGS).
• strategicgoals of the National SeedPolicy20l0,which anticipated theoverhaul of thePlant Protection Act (Cap 324) as a prerequisite for enhancing seed sector performance and
• h) Constitutional Alignment: In accordance with the Fourth Schedule of the Constitution of Kenya,20l0,the Bill provides a clear legal architecture that maps out the distinct functions of the two tiers of government. It successfully balances the national government's exclusive mandate overborder controlandinternational trade with the county governments' devolvedresponsibilities for local agriculturalenforcement and pest management.

2.4COMPARATIVEANALYSIS

• 15.South Africa-Plant Health (Phytosanitary)Act 35 of 2024 was enacted to repeal the Agricultural Pests Act of 1983, realigning the country's biosecurity framework with international obligations under the WTO-SPS Agreement and the IPPC. The core of its provisionsinclude:
• a)Governance Frameworlk: Directed by the Department of Agriculture, Land Reform and Rural Development (DALRRD) acting as the sovereign NPPO.
• b)s Strategy & Mechanisms: Utilizes strict import permit systems, mandatory Pest Risk Analyses (PRAs), and localized quarantine protocols to protect highly commercial agriculturalzones.
• enforcement into biosecurity checkpoints. It establishes punitive measures against the illegal propagation, movement, or trade of patented or genetically modified (GM) crop seedsprotectedunderPlantBreeders'Rights.

• 16.Uganda-PlantProtection and HealthAct,2015consolidateshistorical croplawsinto a singular framework toprotect rural smallholder livelihoods and regional East African trade. The core of itsprovisions include:
• b) Strategy & Mechanisms: Focuses heavily on border inspections, nursery certifications, and early warning reporting systems to safeguard food crops.
• a)GovernanceFramework:Operated underthe Ministry of Agriculture,Animal Industry and Fisheries (MAAlF), specifically through the Commissioner for Crop Protection.
• Distinctive Attribute: Features a dedicated statutory focus on managing"outbreak pests"(such as armyworms or bananabacterial wilt).The lawgrantsbroad government when individual smallholderslackthetechnical orfinancialcapacitytodoso.

17. Brazil - Decree No.24,Il4 (Plant Health Defense) complemented by Law No. 14.515/2022 (Self-Control) - Rooted in historical plant health defense decrees, Brazil's framework has evolved to manage one of the world's largest volumes of commodity exports (soy, corn, sugar). It is heavily augmented by Law No. 14.785/2023 (the modernized Pesticide and Bioinputs regulatory framework). The core of its provisions include:

• a)Governance Framework:Led by the Ministry of Agriculture and Livestock (MAPA) throughitsDepartmentofPlantHealthandInspection.
• Distinctive Attribute: Implements a cutting-edge "Self-Control" model (Lei do Autocontrole, Law No. 14.515/2022). This mechanism legally shifts the day-to-day burden of executing standardized sanitary and phytosanitary checks directly onto primary, hands-on inspections to executing high-level, systemic auditing and oversight oftheseprivatecomplianceprograms.
• b)s Strategy & Mechanisms: Enforces a rigid, mandatory Pest Risk Analysis (PRA) register specific risk categories.It also mandates strict chemical and bioinput registration ANVISA(Health),andIBAMA(Environment).
• I8.United States—PlantProtection Act,2ooo(PPA)-A massive consolidation statute that integrated ten separate legacy federal laws into a unified,powerful biological defense framework.Thecoreofitsprovisionsinclude:
• e Governance Framework: Executed at the federal level by the USDA's Animal and Plant Health InspectionService(APHIS).
• b) Strategy & Mechanisms:Governsboth international imports and interstate agricultural
• Distinctive Attribute:Grants the Secretary of Agriculture the statutory authority to declare an "Extraordinary Emergency." This federal declaration allows APHIS to completely override state-levellegislation,seize anddestroyintra-state agricultural commoditieswithoutlocal state consent,and immediatelyunlockspecialized emergency funding reservoirs to neutralize critical biosecurity threats.
• 19.Australia—Biosecurity Act 2015-Replaced the historic Quarantine Act 1908 to establish a border system suited to Australia's unique island ecology and isolated biodiversity.The core ofitsprovisionsinclude:
• (e Governance Framework: Managed by the federal Department of Agriculture, Fisheries and Forestry (DAFF).
• b Strategy & Mechanisms: Operates on a highly sophisticated "Appropriate Level of Protection"(ALOP)risk model.Rather than focusing solely onborder intercepts,it

• applies strict risk-assessment and mitigation requirements well before cargo leaves its country of origin.
• DistinctiveAttribute:Establisheshighlyflexible,legallyenforceableBiosecurityZones alongside a system of"Approved Arrangements."These arrangements allowregistered private businesses to operate their own certified,off-border quarantine facilities, subject to civilpenaltiesandcriminalprosecution if biosecurityintegrity is compromised.
• 20.European Union—Plant Health Regulation(EU)2016/2031 -Formulates abinding, supranational framework designed to prevent pest entries while ensuring the frictionless movementofagriculturalgoodsacrosstheEUsinglemarket.
• a)Governance Framework:Coordinated by the European Commission,with field enforcementexecutedbythenationalcompetentauthoritiesofeachindividual EU member state.
• Distinctive Attribute:Replaces standard administrative tracing with the compulsory "Plant Passport" system, shifting legal accountability onto registered "Professional Operators." Any business breeding, moving, or selling plants must maintain standardizing phytosanitary liability across an entire continent.
• b) Strategy & Mechanisms: Establishes an exhaustive, science-backed categorization screeningregimes.

| Country | Primary Statutory Framework | Enforcement Authority | Core Philosophy/ Mechanism | Unique Regulatory Feature | |----------------|------------------------------------|-------------------------|--------------------------------------------------------|------------------------------------------------------------------------------------------------------| | South Africa | PlantHealth Act35of 2024 | DALRRD | Export preservationvia global alignment. | Intersectsbiosecuritycheckpoints with Plant Breeders'Intellectual PropertyRights. | | Uganda | Plant Protection& Health Act, 2015 | MAAIF | Smallholder foodsecurity andlivelihood protection. | Statutory focus ongovernment- led mitigation of community-wide "outbreak pests." | | Brazil | Decree 24,114& Law 14.515/2022 | MAPA | High-volume commodity protectionvia pre-market checks. | "Self-Control" Auditing Model, delegating primary verification tasks to certified private operators. | | United States | Plant Protection Act,2000 | USDA-APHIS | Inter-state containment and federal border policing. | "Extraordinary Emergency" declarations that legally override state-level authority. | | Australia | Biosecurity Act2015 | DAFF | Offshorerisk reduction and strictisland isolation. | Science-driven ALOP model utilizing off-border private "Approved Arrangements." | | European Union | Regulation (EU) 2016/2031 | European Commission | Supranational shared-market protection. | Universal "PlantPassport”system mandatingself-regulation by "ProfessionalOperators." |

3.0OVERVIEWOFTHEPLANTPROTECTIONBILL,2025

3.IINTRODUCTION

• 21.ThePlantProtection Bill,2025 establishes a modernized statutoryframeworkto safeguard and eradicate destructive plant pests and invasive pathogens. The Bill designates the Kenya Plant HealthInspectorate Service (KEPHIS) as the National PlantProtection Organization (NPPO), directly aligning domestic phytosanitary protocols with the International Plant Protection Convention(IPPC). Crucially,it harmonizes devolved governance by centring county governments to execute localized pest surveillance,enforcement, and plant clinic operations. Through integrated risk-mitigation measures, the Bill serves as a vital legislative intervention to guarantee domestic food security and protect Kenya's high-value agricultural exports from market exclusion.

3.2OBJECTIVESOFTHEBILL

• 22.The principal objective of the Bill is 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; specifically, to:
• (a) give effect to the International Plant Protection Convention by designating the National PlantProtectionOrganization;
• (c) guide the trade and movement of plants, plant products and other regulated articles; and (d) provide for the management of pests including transboundary and migratory pests.
• (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 otherpurposes;

3.3INSTITUTIONALFRAMEWORKSPROPOSEDINTHEBILL

23. The following are the primary institutional frameworks outlined in the Bill with their correspondingresponsibilities: 2. (a)TheNational Government-Responsible forprovidingoverarchingpolicy directionon plant pest prevention,establishing mechanisms to coordinate the management of transboundary, migratory, and new pest incursions and building capacity for county governmentsandstakeholders. 3. (b)CountyGovernments-Taskedwithexecutingdevolved agricultural functions,which include receiving and verifying local pest reports, advising farmers on pest management, undertaking localized pest surveillance and eradication, operating plant clinics, and enforcing phytosanitary measures prescribed by the National Government. 4. (c) Kenya Plant Health Inspectorate Service (KEPHiS) / The National Plant Protection Organization (NPPO) - The Bill formally designates KEPHIS as the official National Plant Protection Organization (NPPO) of Kenya for the purposes of the International Plant Protection Convention (IPPC).Its extensive enforcement mandate

Analyses (PRAs), carrying out border and transit inspections, and prescribing universal phytosanitary controls.It is also designated as the official Contact Point for the Convention and theNational EnquiryPointon all planthealthmatters.

• (d)TheKenyaTechnical CommitteeonBiological ArticlesandControl Agents-A specialized, multi-agency technical committee established to facilitate scientific risk assessments regarding the importation, exportation, local production and commercial use of biological articles and control agents. It is responsible for evaluating bio-fertilizers, biopesticides, soil conditioners and organic fertilizers and making registration recommendations toKEPHIS.KEPHISprovidesthesecretariatservicesforthis committee.
• (e) National and County Plant Health Emergency Response Committees - The National Committee is tasked with developing and coordinating a national plant health emergencyresponseplan,mobilizingresources and advisingthe CabinetSecretary on the containmentanderadicationofsuddenpestoutbreaks.TheCountyCommitteesare established in consultation with the Service for localized contingency planning, determining local pests of concern and handling rapid response strategies within their respective boundaries.
• (f)Designated Plant Quarantine Stations and Laboratories-The Billformally designates the Kenya Plant Health Inspectorate Service Plant Quarantine and Biosecurity Stationas theofficialPlantQuarantineStationofKenya.Italso empowers theService to establish official diagnostic and quality assurance laboratories, while allowing County Governments to establish localized laboratories to execute their agricultural mandates.

3.4REGULATORYFRAMEWORK

24. The regulatory framework is organized into six core components: 2. (a)StrictImport and EntryControls-TheBill establishesa multi-layered defense system at designated border points to prevent the entry of biological threats. It provides that importers obtain botha valid PlantImport Permit from the Service and a Phytosanitary Certificate from the exporting country prior to entry, while legally requiring all arriving Further,theframework introduces centralized traceability through a mandatoryRegister of Importers to monitor supply chain biosecurity risks,backing these statutory controls with severe enforcement penalties for illegal importations, including custodial sentences or fines up to two million shillings or twenty percent of the consignment's value. 3. (b)Export Certification and Market Access-ToprotectKenya's horticultural reputation provides that all international commodities undergo rigorous pre-export testing by plant health inspectors to verify compliance with the importing nation's sanitary benchmarks. To imported consignments tobe split or repackaged domestically without losing their biological chemical residue thresholdsfaces strict statutory restrictions,authorizing the government to detain or destroy the non-compliant cargo entirely at the exporter's expense.

• (c)ComprehensivePest and Disease RiskManagement-The framework shifts away from ad-hoc responses, organizing pest management into proactive, data-backed categories. The Bill provides thatKEPHIS executes scientificPest RiskAnalyses (PRAs)for all imports and biological agents.It establishes legal pathways to classify and publish lists of "regulated framework is the designation of the Kenya Plant Health Inspectorate Service Plant Quarantine and Biosecurity Station as the official national center, which is supported by grants authorized officers' broad containment and eradication mandates to legally compel landowners or occupiers to execute prescribed pest management practices, failing which thestatecanclearthelandattheoccupier'sexpense.
• (d)Specialized BorderSurveillanceand BiosecurityMeasures-PartVof theBill introduction.It provides that all imported usedvehicles,machinery and heavy equipment, whether whole or disassembled, undergo compulsory phytosanitary decontamination at the importer's cost before or upon arrival.Further, all wood packaging materials entering or leaving Kenya must be strictly treated and marked in accordance with global standards, while the Service is granted full powers to monitor transit and transshipment commodities state.
• (e) Early Warning and Emergency Response Frameworks - To counter sudden biological incursions or migratory outbreaks, the Bill structures an agile emergency command network.The Bill establishes a National Plant Health Emergency Response contingency frameworks,and mobilizingresources.The framework mandates mechanisms of broad-spectrum pesticides to suppress migratory swarms, it introduces strict environmental buffers that explicitly ban their use in public or private water, visible standing water,populated areas,orcounty-excludedzones.
• (f)DomesticQuality andSafetyAssurance-Beyondborders,theframework acts as an internal regulatory mechanism to optimize agricultural value chains. The Bill brings commercial plant nurseries and tissue culture facilities under mandatory plant health certification programs to ensure the sanitary purity of seedlings.It establishes a statutory frameworkfornational orinternational organiccertification andmandatestheregistration, facilityapproval andriskassessmentofall locallyproducedorimportedcommercial biofertilizers,soilconditioners andbio-stimulants.Finally,theServiceisgiven clearoversight to continuously monitor and test domestic, imported, and export agricultural produce for pesticide residues and heavy metal contaminants, feeding this data directly back into policy interventionsandenforcementmeasures.

3.5PROVISIONSOFTHEBILL-CLAUSEBYCLAUSE

PartI-Preliminary

24. (Clauses I-4) of the Bill provides for preliminary matters including the short title and interpretation of terms used in the Bill. It furthersets outscope of application and objects of theBill.

PartIl—Responsibilities Relating toPlantProtection Matters

25. Thispartprovides for the responsibilities ofvarious entities relating toplantprotection matters.It spells out the rolesof National Government,County Governments and theKenya Plant Health Inspectorate. It further provides for the Kenya Technical Committee on Biological Articles and Control Agents responsible for facilitating risk assessment for 26. (Clauses 4-6) provides for the role of National and County governments under the Act in relationtoplantprotectionmatters. 27. (Clause 7-8) of the Bill designates the Kenya Plant Health Inspectorate Service as the National Plant Protection Organization of Kenya for purposes of the International Plant Protection Convention and outlines its functions in relation to section 5(a)of theKenya Plant Health Inspection Act (Cap 349) as well as under the Bill. 28. (Clauses9-l0)of theBill designates theService as thecontactpointfor theInternationalPlant Protection Convention as well as the National Enquiry point on matters relating to plant protectionandplanthealth 5. 29.(Clauses Il-l4) of the Bill establishes the Kenya Technical Committee on Biological Articles and Control Agents to facilitate risk assessment for importation, exportation, local production anduseofbiologicalarticles andcontrol agents.Itfurtherprovidesforthemembershipof the Technical Committee and the conduct of business and affairs of theTechnical Committee and itssecretariat.

PartIll—Control of Plant,PlantProduction and OtherRegulated Articles

30. This part deals with the control of plant, plant products and other regulated articles, importation and exportation of plant, plant products and other regulated articles and specify therequired approvals,permits and certification. 31. (Clause I5-24) of the Bill provides for registration of importers, importation through designated points, plant importation permit and biological import permit. It also provides for registration of importers, plant import register, declaration of consignment, register of compliance.

PartIV-ManagementofPlantPests

32. This part provides for the management of plant pests,provisions on prohibition of introduction of pests, establishment of plant quarantine stations and obligations relating to new pests and pests of concerns. It further makes provision for pest management measures and containments applicable under theBill. 33. (Clauses 25-37) of the Bill provides for prohibition on introduction of pests, pest risk analysis, It further provides for declaration of a new pest concern, publication of information on and containment measures to prevent spread of regulated pests or pests of concern in the country.

Part V-Boarder Surveillance, Control and Monitoring

• 34.This part deals withborder surveillance,control and monitoring.lt makes provision forborder surveillance, inspection of consignments and phytosanitary decontamination of used vehicles, machinery and equipment.

35. (Clauses 38-42) of theBill provides for periodicboarder surveillance by the Service, inspection of all plants, plant products and other regulated articles at designated points of entry, monitoring during transportation and phytosanitary decontamination of used vehicles machineryandequipment.

PartVl-EmergencyResponse Measures

36. a National Plant Health Emergency Response Committee responsible for planning and managementofplantheathemergenciesatthenationallevelandprovidesforthe establishment of a County Plant Health Emergency Response Committee for contingency planning and management of plant health emergencies within a county. 2. 37.( (Clause 47) of the Bill provides for the conducting of pest surveillance to inform an appropriatephytosanitary action and the development and implement of early warning systemsfor effective emergencyresponsewithin the county.

Part Vll-Suppression of Noxious and Invasive Weeds or Plants

38. This part contains provisions on suppression of noxious and invasive weeds or plants. 39. (Clause 48-50) of the Bill provides gives the Cabinet Secretary powers to declare a plant or weed to be noxious, invasive weed or plant by notice in the gazette. It also bestows a duty on responsiblepersons todeclarenoxiousorinvasiveweedorplants andpowerstoorder persontoclearwith noxiousorinvasiveweed orplants.

PartVlll-Managementof Transboundary and MigratoryPests

40. (Clauses51-53)of theBill mandates theCabinetSecretaryinconsultationwith theService to put in place mechanisms for early warning for migratory pests, reporting of an occurrence of migratory pests by an occupier or owner of land and the management of migratory pests.

PART IX -Control of Wood Packaging Materia

41. importedorexportedistobetreatedandmarked.

PARTX-PlantHealthandSafetyAssurance

42. (Clauses 55-6l) of the Bill deals withplant health and safety assurance.lt provides for establishment of laboratories to undertake quality assurance functions, sets out controls for organically produced plants or plant product,nursery and tissue culture facilities, pests under

PARTXl—Inspectors and Laboratory

43. (Clauses 62-66) of the Bill provides for appointment of Plant Inspectors by the Service, appointment of County Plant Health Inspectors, powers of the inspectors, consequences of obstructing the inspectors from performing the duties and appointment of laboratory analysts by theService.

PARTXll-MiscellaneousProvisions

• 44.( resolution, protection from personal liability, phytosanitary investigations and use of unregistered pest control products.

PARTXlll-ProvisionsonDelegatedPowers

45. (Clause 73) of the Bill gives the Cabinet Secretary in consultation with the Service and the County Governments powers to make regulations for better carrying into effect the provisions of the Bill.

PART XIV-Repeal, Savings and Transitional Provisions

• 46.(Clauses 74 &75) of the Bill contain provisions on repeal of Cap. 324.

4.0PUBLICPARTICIPATION/STAKEHOLDERSCONSULTATION

47. Following the call for memoranda from the public through placement of advertisements in the print media on I5th August 2025 and vide a letter REF: NA/DDC/A&L/2026(035) dated 21* April 2026 inviting stakeholders for a meeting, the Committee received memoranda from thefollowingstakeholders:

• I) The State Department for Agriculture
• 2) KenyaPlantHealthInspectorateService(KEPHIS)
• 3) KenyaAgricultural&LivestockResearchOrganization

5. 5) The Kenya Seed Company 6. 4 TheKenya Bureau ofStandards (KEBS)

• 6) Seed Trade Association of Kenya
• 8) The Agrochemicals Association of Kenya (AAK)

9. 7)Pests Control andProduceBoard 10. 48.Thestakeholderssubmitted asfollows:

4.1 The State Department for Agriculture

49. The Principal Secretary for the State Department for Agriculture submitted as follows: 50. The Bill seeks to create a comprehensive legal framework for the protection of plants and plant products from pests and diseases, to ensure food security, support sustainable agriculture, and facilitatesafeinternationaltrade. 51. Kenya continues to be a leading source of agricultural products imported by various countries. for market access has impeded penetration to some of these markets. The Bill provides provisions that strengthen market access and phytosanitary certification for increased internationaltrade. 52. The current Plant Protection Act, Cap 324 was enacted in 1937 and was last reviewed in 1972. Since then, there have been significant changes in plant health sector both locally and internationally. This has created the need to update the current legislation to align to the need of the 2lst century and anchor provisions that have been in practice that are not well provided for in law. The Bill has also provided for articles that address key phytosanitary provision and measures. 5. provisions. The bill provides for the alignment of the legislation to the international point and enquiry point a major requirement by the International Plant Protection Convention (IPPC). The Bill also defines the role of the KEPHIS in line with the international requirements. 54. WVith the promulgation of Kenya's Constitution, 20l0 which provided for devolution of agriculture, the coordination of plant health management in Kenya remains unclear as the present legislation has not provided clarity among different actors including the National Government and County Government.Thishas greatly affected effective earlywarning system and plant health management by the various players at the County and National Governments. TheBill nowdelineates therolesof bothNational and CountyGovernmentsinpromotingplant healthandwillenhancecollaborationbetweenthetwolevelsofGovernments.

• 55.TheBill isstructured intodifferentpartsand articlesasfollows:

56. Part I. Preliminary: This part has defined the key terms and has provided the scope and

• 57.Part Il.Responsibilities relating toplant protection:Plant protection is currently being undertakenbydifferentplayers aswellasdifferentlevelsofgovernmentasdefinedbythe Constitution.Therefore, this part of the Bill has provided the function undertaken by the National Government, County Governments and Kenya Plant Health Inspectorate Service (KEPHIS) which is the designated National Plant Protection Organization,the contact and enquiry point as required by the International Plant Protection Convention (IPPC).
• which shall undertakerisk assessmenttomitigate theriskon introduction of harmful organism and to support use and registration of biological products. The committee is chaired by the Ministry of Agriculture and has membership from public and private sector. The committee has not been provided for in the current legislation.

59. Part Ill. Control of plants, plant products and other regulated articles: Importation ofplant,plantproduct andotherregulated articlehave theriskof introduction ofharmfulpests and diseases. This part provides for mechanism to prevent introduction of pest through importation and defines the requirement for issuance of plant import permits, biological import measures tobefollowed to ensure Kenyanexports follow the internationalmarket non-compliance.

• germplasm andneedforresearchhasled totheriskof introductionandspreadoftheharmful organisms.Thispartprovidesforprohibitionofdeliberateintroductionofpestsanddiseases and provides for evaluation of risk of introduction of harmful pests through pest risk analysis designation of a national plant quarantine stations and establishment ofpost-entry quarantine exchange. This part further defines mechanisms for declaring a new pest by KEPHIS and the County government, providing for obligation before publication of new pest occurrence and reporting of unknown pests by the farmer or landowner, management of pest and diseases, trade.

61. Part V. Border surveillance, control and monitoring: This part provides for border inspection of plants, plant products and other regulated articles being imported through the ofconveyance orvessels as well as requirements forphytosanitary decontamination of used vehicles, machinery and equipment which were not provided for in the current Act, as this is a newinternationalrequirement. 62. Part Vl. Emergency response measures: Kenya has encountered several pest incursions inthelasttwodecadesleading toadverseeffectonagricultureandtheenvironment.

o e e sa s ssd CountyGovernments andotheractors.Thispartprovidesfor thesituationwhereemergency establishmentof both the National and CountyPlantHealth Emergency Response Committees and defines the specific roles of both committees in planning and management of plant health emergencies atboththeNational andCounty Government levels.Thispart alsoprovides guideline for undertaking pest surveillance and early warning systems to establish the status of the pests in the country.

• and suppression of noxious and invasive species.The part further defines the responsibilities to land occupiers and owners toreport the occurrence of noxiousweeds and apply appropriate measuresfor theirmanagement.It alsoempowers authorizedofficers to eradicate andoffer include the water hyacinth, parthenium, Opuntia and dodder which have caused significant economiclossestoagricultureandothereconomicactivities.
• for the management of Transboundary and Migratory Pests.It provides for the implementation of mechanisms for putting in place systems for early warning which includes; monitoring and detection,capacity building for data collection, development of tools for communities to to cause significant economic losses. Some migratory pests in Kenya include desert locusts, armywormsandQueleaQueleabirds.

65. Part IX. Control of wood packaging material: Wood packaging used during trade have been identified as a potential pathway for the introduction of forest pests.This part provides formechanismwhich includes treatment andmarkingofwoodpackagingused ininternational trade. 66. Part X. Plant health and safety assurance: This part provides for the establishment of laboratories at National, County and by KEPHIS to undertake analysis, testing, diagnosis and quality assurance.It provides for designation and certification of laboratories. It also provides culture facilities,and certification of organically produced plant products. The part finally provides for monitoring of pesticide residues and heavy contaminants to ensure compliance withbothnational andinternationalrequirements.

• clearlydefinestheroleofKEPHISInspectorandInspector attheCountylevel.Itprovidesfor gazettement of theinspectorwhichwas notprovidedforin the currentAct.Itprovidesforthe power of the Inspector in implementing this Act. The part also provides for appointment of laboratoryanalysts.
• 68.PartXll.Miscellaneousprovisions:This part provides for provisions notincluded in the main Act which include power to levy fees and charges, general penalty, dispute resolution, personal liabilityof officers andprovideforphytosanitary investigationfor compliance to export requirements

69. Part Xlll. Provision on delegated powers: This part provides for enactment of regulation tosupportintheimplementationoftheAct

70. Part XiV. Repeals, savings and transitional provisions: This part provides for repealing the previous Act while preserving licenses, statutory instruments and existing contractual obligations done under therepealedlaw.Thispartwill assure stakeholdersof the smooth transitionoftheBillduringenactment. 71. Financial implications: The enactment of the Bill shall not occasion additional expenditure of public funds. 72. The State Department concluded that the Plant Protection Bill, 2025 is a legal instrument that will modernize Kenya's phytosanitary framework. Its enactment will provide clarity in handling plant health matters in the country hence protecting the agricultural sector from introduction ofpest and diseases,boost our economy by facilitating safe trade,and ensure sustainable food security.The Bill does not overlap with mandate from other agencies.Further,the service will be develop Regulations which will be gazetted to breathe life to the Bill once enacted.

4.2KenyaPlant Health Inspectorate Service (KEPHIS)

73. The Kenya Plant Health Inspectorate Service (KEPHIS) reiterated the submission made by the StateDepartmentforAgricultureinsection4.Iabove

4.3KenyaAgricultural &LivestockResearch Organization

74. Ms. Alice Murage, on behalf of the Director General of the Kenya Agricultural & Livestock Research Organization (KALRO), appeared before the Committee on 28h April 2026 and submitted the following recommendations for consideration:

| No. | Section | Provisions in the Bill | Amendment | Justification | |-------|-----------------------------------------------------------|---------------------------------------------------------------------------------------------------------------------------------------------------------------|------------------------------------------------------------------------------------------------------------------------------------------------------------|-------------------------------------------------------------------------------------------------------------------------------------------------------| | 1) | Definitions | 'Regulated pest"r means sa pestofpotential economic importance to Kenya, whetherabsent or if present not widely distributed, that is controlled by theService | "Regulated pest" means a pestof potential economic importance to Kenya, whetherabsentorif present not widely distributed,that is controlled by the Service | Delete the word "the" appearing before "Kenya for grammatical correctness | | 2) | Section 6 (g) Role of County Governments | (g) establishing and operatingplantclinics | (g) establishing and operatingplantclinics inpartnershipwith crop health experts from KALRO and other research organizations | The clinics shouldbe implemented and established jointly with KALRO since KALROcan provide technical backstopping on theoperations within the clinics | | 3) | Section 57 (i) Control of regulated pests under research, | No person shall carry out researchonregulatedpests orarticleswithoutthe approvaloftheService. | No person shall carry outresearch on regulatedpests or articleswithoutthe approval of the Service"unless | This clause contradicts the KALRO's mandate under theKALRActto undertake |

| | | | authorizedunderthe law" | research on Crops and livestockhealth, addatthe endof the clause-to avoid the contradiction | |----|------------------------------------------------------|---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|-----------------------------------------------------------------------------------------------| | 4) | Section51- Early warning systems for migratory pests | The CabinetSecretary shall,inconsultationwith the Service,putinplace mechanisms for early warning systems for migratory pests which mechanisms shall include | The Cabinet Secretary shall, in consultationwiththe Service, put in place mechanismsfor early warning systems for migratory pests which shall include | Delete theword "Mechanisms" appearingbefore "shall" | | 5) | Section52 Reporting of migratory Pests | Anoccupierorownerofa landthatisinfestedwith any developmental stage egg, larvae, hoppers or adults of migratory pests shallreportitsoccurrence to an authorised officer in the prescribed manner. | An occupier or ownerofalandthat is infested with any pest developmental stage egg, larvae, hoppers or adults of migratory pests shall reportitsoccurrence to authorisedofficer in the prescribed manner. | Add theword "Pest" after any for clarity |

4.4 TheKenya Bureau of Standards(KEBS)

74. The Kenya Bureau of Standards (KEBS) Managing Director, Ms. Esther Ngari submitted that after reviewing the PlantProtection Bill (National Assembly Bill No.28of 2025),KEBS had no objectiontoBillasdrafted.

4.5TheKenyaSeedCompany(KsC)

75. Mr. Sammy K Chepsiror, the Managing Director at the Kenya Seed Company appeared before theCommitteeon28hApril2026andsubmittedasfollows:

• a) Oninstitutional coordination,theBill providesfor theestablishmentof aPlantProtection Service(KEPHIS).KSCwelcomed this as long as there is no overlap between this Service (KEPHIS), the Pest Control Products Board (PCPB),Kenya Bureau of Standards (KEBS) and the County Governments.The mandate should be clearly delineated between agencies to avoidduplication.

3. b On alignmentwithSeed CertificationSystems,theBill doesnotreferenceintegrationwith existingSeedCertification andVarietyRelease systems under theSeed andPlantVarieties Act. Include provisions for collaboration between the proposed Plant Protection and Seed Certification to ensure pest management and plant health are integrated within the seed value chain. 4. ? proposed through government allocation and private sector contributions to enable rapid containment of transboundary pests (e.g., Fall Armyworm, MLN, locusts).

• d) Private Sector and Research Collaboration, the Bill emphasizes government-led interventions.There is need to incorporateprivate sectorand research institutions in pest surveillance,seedhealthtesting,and disseminationofresistantvarieties.

2. e)On Capacity Building and Extension, implementation success depends on trained personnel and awareness among growers and seed producers. Provide for collaboration with seed companies and extension services in capacity building on pest diagnostics, surveillance, and biosecurity. 76. The KSC concluded by commending Parliament for reviewing and strengthening the legal national effortsinplanthealth,food security and agricultural transformation.Further,it urged that stakeholder consultations continue during the formulation of regulations to ensure practical, science-based and industry-supported implementation.

4.6Seed TradeAssociationofKenya

77. Mr. Stephen Kamau, a Board Member at the Seed Trade Association of Kenya, appeared before the Committee on28thApril 2026 and submitted that the association alignswith the submission made by the Kenya Seed Company.

4.7PestsControl andProduceBoard

78. Ms. Grace Muchemi, the then-Acting Chief Executive Officer of the Pest Control Products Board (PCPB), appeared before the Committee on 28th April 2026 and submitted that the Plant Protection Bill, 2025,is a timely and vital legislative intervention.She asserted that the enactmentoftheBillwouldsignificantlyenhancetheboard'scollaborativeandoperational working relationship with the Kenya Plant Health Inspectorate Service (KEPHIS), fostering a morecohesive approachtonational biosecurity andplanthealthmanagement.

4.8TheAgrochemicalsAssociationofKenya(AAK)

79. Mr. Joel Mutai, the Chief Executive Officer of the Agro-Chemicals Association of Kenya (AKAK), appeared before the Committee on 28th April 2026 and welcomed the Plant Protection Bill, 2025, characterizing it as a milestone legislative framework for the agricultural sector. He noted that by aligning national protocols with internationally recognized regulations andstandards,theBillwouldeffectivelydismantlenon-tariffbarriersandopenuplucrative globalexportmarketsforKenyanfarmers.

5.0COMMITTEEOBSERVATIONS

80. The Committee, after a rigorous and comprehensive examination of the Bill, observed that the enactmentof thePlantProtection Bill(NationalAssembly Bills No.28of2025)represents a watershed moment for the Republic's agricultural sector. The potential benefits include: 2. 1)Incorporation of global and regional best practices -The Plant Protection Bill,2025 representsacomprehensivesynthesisofcontemporaryinternationalbestpracticeswithin the phytosanitary sector. By benchmarking against advanced regulatory frameworks locally, regionally,andglobally,theBill transitionsKenya'sbiosecurityframework awayfromreactive control measures toward a highly proactive, science-driven defense posture.

• 2) Resolution of statutory obsolescence and legislative gaps - The Bill directly addresses contemporary market realities, agricultural innovations and commercial demands that have emerged since the mid-20th century. By laying the foundation for a progressive, legally resilient statutory architecture, this legislative intervention systematically resolves the significant enforcement gaps, inadequate penalty structures, and procedural limitations that historically weakened the legacyPlant Protection Act(Cap324).

4. 3)Institutional optimizationandglobal trade security-By formallydesignating the Kenya Plant Health Inspectorate Service (KEPHIS) as the nation's singular National Plant Protection Organization (NPPO), the Bill institutionalizes Kenya's compliance obligations under the International Plant Protection Convention(IPPC) and related international verifiable foothold in international commerce. Consequently, it secures uninterrupted non-tariff trade restrictions, cargo rejections and sudden market exclusion. 5. 4)Separationofexecutive enforcementand advisorymandates-TheBill establishes 6. a)Executive enforcementmandate:KEPHISretains exclusive,directregulatory and enforcement powers regarding border surveillance, plant health inspections, seed certificationandquarantinecontrols. 7. b Advisory mandate: Specialized technical committees, such as the Kenya Technical broader advisory and evaluative posture. Such entities are restricted from exercising direct administrative or implementation powers, centring their mandates instead on risk

6.0COMMITTEERECOMMENDATION

• 8l. The Committee, having subjected the Plant Protection Bill (National Assembly Bills No. 28 of 2025) to exhaustive statutory review, comprehensive public participation and rigorous stakeholder scrutiny, acknowledges its strategic importance in modernizing the nation's biosecurity architecture and safeguarding the agricultural economy. Consequently, the Committee recommends that the House approves the Bill, subject to the incorporation of the amendmentssetforth in theSchedule under ChapterSeven of thisReport.

7.0SCHEDULEOFPROPOSEDAMENDMENTS

82. The Committee proposed the following amendments to be considered by the House in the CommitteeStage:

CLAUSE2

• 1.THAT,Clause 2 of the Bill be amended—
• (a) by deleting the definition of the words "County Executive Committee Member"; and
• (b) by deleting the word ""the" appearing immediately before the word "Kenya" in the definition of the phrase "regulated pest".

Justification

• (a)The Committeehas substituted executivecommittee memberwith county government to put emphasis on the county government and not county executivecommitteemembers;and
• (b) To correct a typographical error.

CLAUSE5

2. THAT, Clause 5 of the Bill be amended by inserting the following new paragraph immediately after paragraph (l)—

"(d)undertake research on emerging pests and their effect on plants and environment."

Justification

Toexpresslyincludethefunctionofresearchonpests andtheireffects asa functionoftheNational Government.

CLAUSE6

3. THAT, Clause 6 of the Bill be amended by deleting paragraph (g) and substituting therefor the following new paragraph—

"(g) establishing and operating plant clinics in partnership with crop health experts organizations;"

Justification

Toincorporate the professional and technical input of KALRO and otherresearch institutionson theestablishmentand operationsof plant clinics.

CLAUSE12

• 4.THAT,Clause I2 of the Bill be amended -
• (b) by deleting paragraph (k) and substituting therefor the following new paragraph— "(k)two persons with relevant expertise representing agrochemical dealers and the farmers nominated by the national umbrella bodies;"
• (a) by deleting paragraph (k) and substituting therefor the following new paragraph—"(i)one person, with relevant technical expertise, representing the Council ofGovernors;

Justification

• (a) To ensure that the persons incorporated in the Technical Committee have therequisitetechnical expertise;and

CLAUSE3I

• 5.THAT,Clause 31 of the Bill be amended in subclause (2) by deleting the words"County Executive Committee Member"and substitute therefor the words"county government".

Justification

Toplace emphasison thecountygovernmentandnot thecountyexecutive committeemember.

CLAUSE34

• 6.THAT,Clause 34 of the Bill be amended by deleting the words"County Executive Committee Member" and substitute therefor the words "county government".

Justification

To place emphasis on the county government and not the county executive committeemember.

CLAUSE37

• 7.THAT,Clause 37 of the Bill be amended—
• (b) in subclause (2) by deleting the words "County Executive Committee Member"and substitute therefor the words"county government".
• (a) in subclause (l) by deleting the words "County Executive Committee Member" and substitute therefor the words"county government" and

Justification

To place emphasis on the county government and not the county executive committeemember.

CLAUSE51

8. THAT, Clause 5l of the Bill be amended by deleting the word "mechanisms" appearing immediately after theword"which"intheopeningstatement

Justification

Tocorrectgrammaticalerror.

CLAUSE52

• 9.THAT,Clause 52of the Bill be amended by inserting theword"pest,"immediately after the word "any".

Justification To provide clarity.

CLAUSE57

10. THAT, Clause 57 of the Bill be amended by deleting subclause (l) and substituting therefor thefollowingnewsubcluase- 2. "(l)Noperson shallcarryoutresearchonregulatedpestsorarticleswithoutthe approvalof theServiceunless authorizedunder thelaw."

Justification

(b) To specify the two members to represent the private sector.

ToensurethatthemandateoftheServicedoesnotcontradictthe mandateofKALROandotherinstitutionsmandatedbylawto undertakeresearch.

Db

SIGNED:...

....DATE:.

HON.(DR.)OHN KANYUITHIAMUTUNGA,PhD,CBS,MP

CHAIRPERSON, DEPARTMENTALCOMMITTEEONAGRICULTUREANDLIVESTOCK

THIRTEENTHPARLIAMENT-FIFTHSESSION-2026

DEPARTMENTALCOMMITTEEONAGRICULTUREANDLIVESTOCK

ADOPTIONSCHEDULE

We, the undersigned Honorable Members of the Departmental Committee on Agriculture and Livestock Bill, 2025 (National Assembly Bill No.28) to affirm our approval and confirm its accuracy, validity and authenticity:

| S/NO. | NAME | SIGNATURE | |---------|---------------------------------------------------------|-------------| | | HON.(DR.)JOHNKANYUITHIA MUTUNGA,PhD,CBS, MP-CHAIRPERSON | | | 2. | HON.BRIGHTONLEONARDYEGON,CBS,MP-VICE- CHAIRPERSON | | | 3. | HON.SABINAWANJIRUCHEGE,CBS,MP | | | 4. | HON.FERDINANDKEVINWANYONYI,MP | | | 5. | HON.GEOFFREYMAKOKHAODANGA,MP | | | 6. | HON.JUSTICEKIPSANGKEMEI,MP | | | 7. | HON.JAREDODOYOOKELO,MP | | | 8. | HON.LAWRENCEMPURUABURI,MP | | | 9. | HON.DAVIDKIPLAGAT,MP | | | 10. | HON. GABRIEL IUKAKAGOMBE,MP | | | I1. | MUTHONIMARUBU,MP | | | 12. | PATRICKKIBAGENDIOSERO,MP | | | 13. | HON.YUSSUFMOHAMEDFARAH,MP | | | 14. | HON.JOHN OKWISIA MAKALI,MP | | | 15. | HON.RUTHADHIAMBOBUSIAODINGA,MP | |