Report Of The Mediation Committee On The Food And Feed Safety Control Co-ordination Bill, 2023

THIRTEENTHPARLIAMENT-FIFTHSESSION-2026

REPORT OF:

THEMEDIATIONCOMMITTEEONTHEFOODANDFEEDSAFETYCONTROLCOORDINATIONBILL(NATIONALASSEMBLYBILLNO.2IOF2023)

PURSUANTTOARTICLEII3OFTHECONSTITUTION

JOINTCLERKS'CHAMBERS PARLIAMENTBUILDINGS NAIROBI

ANNEXURES.

TABLEOFCONTENTS

| FOREWORD. | |-----------------------------------| | CHAPTERONE | | 1.0PREFACE | | I.IESTABLISHMENTOFTHECOMMITTEE | | 1.2MANDATEOFTHECOMMITTEE | | I.3COMMITTEEMEETINGS | | 1.4COMMITTEEMEMBERSHIP | | 1.5COMMITTEESECRETARIAT | | CHAPTERTWO | | 2.0SENATEAMENDMENTSUNDERMEDIATION | | 2.IINTRODUCTION. | | 2.2CLAUSEUNDERMEDIATION. 8 | | 3.0COMMITTEEOBSERVATION 10 | | CHAPTERFOUR 11 | | 4.0COMMITTEERECOMMENDATION 1.1 | | CHAPTERFIVE 12 | | 5.0SCHEDULEOFPROPOSEDAMENDMENT 12 |

ANNEXURES

| Annexure l:AdoptionSchedulefor thisreport | |-----------------------------------------------------------------------------------------------------------------------------------------| | Annexure2:Minutesof theCommittee'sSittings | | Annexure3:Speaker's Communications on Members of the MediationCommittee | | Annexure 4: Senate Amendments to the Food and Feed Safety Control Co-Ordination Bill (National AssemblyBillNo.21of2023) | | Annexure 5: Vellum on the Food and Feed Safety Control Co-Ordination Bill (National Assembly Bill No.21of2023)-MediatedandAgreedVersion |

FOREWORD

This report contains the proceedings of the Mediation Committee on the Food and Feed Safety Control Co-Ordination Bill (National Assembly Bill No. 2l of 2023). The National Assembly considered the Bill Senate for consideration.

The Senate considered and passed the Bill with amendments on Thursday 2lst March 2024 and transmitted the amendments to the National Assembly seeking concurrence on 25th March 2024.

The National Assembly approved the Motion on the Report of the Committee of the Whole House on theconsiderationoftheSenate amendments totheFoodandFeedSafetyControl Co-Ordination Bill (National AssemblyBill No.21of2023)on18thOctober2024.TheCommitteerejected someof the Senate amendments to the Bill warranting committal of the Bill to the Mediation Committee pursuant toArticle I12 (2) (b)of the Constitution.

The Speaker of the National Assembly appointed Members to the Mediation Committee on I8th October 2025 as required by Standing Order I49 (2) of the National Assembly Standing Orders while the Speaker of the Senate appointed Senators to the Committee on 24th November 2024 under provisions of Standing Order No. I66 (2) of the Senate Standing Orders.

The Committee held one (l) meeting to consider clause of the Bill that was under mediation and consequently developed an agreed version of the Bill in the meeting. It thereafter adopted this report in thesamesitting.

The Committee is grateful to the Offices of the Speakers and Clerks of both Houses of Parliament for the logistical and technical support accorded to it in the execution of its mandate.

their patience, sacrifice, endurance and commitment to the assignment which enabled the Committee to

It is now our pleasant privilege and honour to commend this report to the Houses for approval on behalf of the Mediation Committee pursuant to Article I13 (2) of the Constitution, Standing Order 150 (1) of the National Assembly Standing Orders and Standing Order I61 (l) of the Senate Standing Orders.

Hon. Sabina Wanjiru Chege, CBS, MP Sen. David Wafula Wakoli, MP Chairperson MediationCommitteeontheFoodMediationCommitteeontheFood

andFeedSafetyControl CoordinationandFeedSafetyControl Coordination Bill (National Assembly Bill No.2l of Bill(National Assembly Bill No.2I of 2024)

Vice-Chairperson 2024)

1.0PREFACE

I.IESTABLISHMENTOFTHECOMMITTEE

1. The Mediation Committee on the Food and Feed Safety Control Co-Ordination Bill (National Assembly Bill No. 2l of 2023) was constituted by the Speaker of the National Assembly on 18th October 2024 pursuant to Standing Order 149 (2) of the National Assembly Standing Orders and the Speaker of the Senate on 24th November 2024 pursuant to Standing Order 166 (2) of the Senate Standing Orders.

1.2MANDATEOFTHECOMMITTEE

2. The Mediation Committee derives its mandate from the provisions of Articles I12 (b) and ll3 of the Constitution, Standing Order I49 of the National Assembly Standing Orders and Standing Order 166of theSenateStandingOrderswhichoutline thefunctionsof theCommittee asfollows: 2. i.To consider Bills where the Houses do not agree on all or any of the amendments made by either Houses; 3. lil.To consider Bills where either House rejects a Motion that a Bill which originated in the other House bereadaSecondorThirdtime;and, 4. ii.To attempt to develop a version of the Bill that both Houses will pass.

1.3COMMITTEEMEETINGS

3. The Committee held one (l) sitting to deliberate on the Food and Feed Safety Control CoOrdination Bill(National Assembly Bill No.2l of 2023) in accordance with the Constitution and relevantprovisionsof theStandingOrdersof theSenate and theNational Assembly. 2. 4 During the said sitting, the Committee elected Hon. Sabina Wanjiru Chege, CBS, MP and Sen. David Wakoli, MP as Chairperson and Vice-Chairperson, respectively, pursuant to Standing Order I60 (4) of the Senate Standing Orders and Standing Order I49 (4) of the National Assembly Standing Orders.

CHAPTERONE

I.4COMMITTEEMEMBERSHIP

5. The Mediation Committee on the Food and Feed Safety Control Co-Ordination Bill (National AssemblyBill No.2Iof 2023) comprises the following Members:

Chairperson

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

Vice-Chairperson

FORDKenya Party

Sen.David Wakoli,MP Bungoma County

MEMBERS

Hon. (Dr.) John K. Mutunga, PhD, CBS, MP

Sen. Daniel Maanzo, MBS, MP Makueni County

Tigania West Constituency

UDA Party

WDMParty

Hon. Joshua Kimilu, MP

Sen.PerisPesi Tobiko,CBS,MP Nominated Senator

Kaiti Constituency

WDM Party

UDA Party

Hon. Gabriel Kangombe, MP Gatundu South Constituency

Sen.Beatrice Akinyi Ogolla,MP NominatedSenator

UDA Party

ODM

Hon.Monicah Marubu,MP

Sen.Alexander Mundigi,MP

Lamu-County

Embu County

IndependentMember

DP

Hon. Martin Peters Owino, MP Ndhiwa Constituency

Sen. Beth Syengo, MP

NominatedSenator

ODM Party

ODM

Hon.Patrick Kibagendi Osero, MP Borabu Constituency

Sen. Allan Chesang, MP Trans Nzoia County UDA Party

ODM Party

I.5COMMITTEESECRETARIAT

• 6.The Committee was facilitated by the following staff:

i.Mr. Dennis M. Ogechi

Clerk Assistant I (National Assembly)

i.Mr.Peter Mulesi

Clerk Assistant I (Senate)

ili.Mr. Victor K. Kilimo

Clerk Assistant Ill(National Assembly)

Clerk Assistant Ill (National Assembly)

iv.Ms. Evelyn Orina

Clerk Assistant Ill (Senate)

v.Ms.Ivy Nyambura

vi.Mr. Gerald Kadede

Legal Counsel ll (National Assembly)

Legal Counsel (Senate)

vii.Ms.Faith Cheruto

Media Relations Officer (National Assembly)

vili.Ms. Edith Chepngeno

ix.Mr. Hillary Cheruiyot

Research Officer Ill (Senate)

CHAPTERTWO

2.0SENATEAMENDMENTSUNDERMEDIATION

2.1INTRODUCTION

7. The Food and Feed Safety Control Co-Ordination Bill (National Assembly Bill No. 2l of 2023) is sponsored by Hon.Kimani lchung'wah, EGH, MP, the Leader of the Majority Party in the National Assembly. 8. The Bill was published vide Kenya Gazette Supplement No. 75 of 24ch May 2023 and was considered andpassedwith amendmentsbytheNationalAssemblyonWednesday23rdAugust2023.TheBill was forwarded to the Senate for consideration pursuant to Standing Order I42 of the National Assembly Standing Orders. 3. transmitted the amendmentstotheNational Assemblyseekingconcurrenceon25thMarch2024. 10. The National Assembly approved the Motion on the Report of the Committee of the WWhole House on the considerationof theSenate amendmentstotheFood andFeed SafetyControl Co-Ordination Bill (National Assembly Bill No. 21 of 2023) on 18th October 2024. The Committee rejected one Senate amendmenttotheBill warrantingcommittal of theBill to theMediation Committeepursuant to Article I12 (2) (b) of the Constitution.

2.2CONSIDERATIONOFTHECLAUSEUNDERMEDIATION

• Il. The following clause of the Food and Feed Safety Control Co-Ordination Bill (National Assembly Bill No. 21 of 2023) that was emended by the Senate was considered by the Mediation Committee:
• 12.SenateAmendments to theFirstSchedule to theBill-TheFirstSchedulebeamended by inserting thefollowingnewitemsimmediatelyafteritemno.3:
• 3B. Each county government department dealing with matters relating to health".
• "3A. Each county government department dealing with matters relating to agriculture; and

13.FirstSchedulePassedbytheNationalAssembly CompetentAuthorities

• 2)
• 1) The Ministry responsible for matters relating to public health and medical services
• 3) andlivestockdevelopment
• 5) The Agriculture and Food Authority
• 4 The Ministry responsible for matters relating tofisheries
• 6 TheKenya Dairy Board
• 8 ThePestControlProductsBoard
• 7 TheKenyaPlantHealthInspectorateService
• 9)TheFertilizer andAnimalFoodstuff Board
• 10) The National Biosafety Authority

• Il)TheKenyaBureauofStandards
• I2)TheVeterinaryMedicinesDirectorate

I4. The Senate's amendment proposes to include each county department dealing in matters relating to

• health and agricultureinthelistofcompetentauthorities.
• 15.National Assembly'sObservationon theSenate's Amendment to theFirstScheduleSection I6 of the Bill outlines detailed functions of the county governments in relation to the food and feed safety and therefore the section sufficiently covers the role of the county governments. Additionally, the institutions listed as competent authorities under the First Schedule to the Act are recognized internationally, specific departments within the county governments might have a challengeintermsof international recognition.

3.0COMMITTEEOBSERVATION

16. Having considered and deliberated on the Food and Feed Safety Control Co-Ordination Bill (National Assembly Bill No.2Iof2023),particularly the clause under mediation,the Mediation Committee observed that Section I6 of the Bill outlines detailed functions of the county governments in relation to the food and feed safety and therefore the designation of county departments as"Competent Authorities" is redundant and structurally inconsistent, as these devolved units lack international recognition andare already administrativelysubordinateto thenational institutions specified inthe FirstSchedule.

CHAPTERTHREE

CHAPTERFOUR

4.0COMMITTEERECOMMENDATION

17. The Committee, having reviewed the Food and Feed Safety Control Co-Ordination Bill (National Assembly Bill No. 21 of 2023), particularly the clause under mediation, recommends that the House approves the Bill as amended in the Schedule in Chapter Five of this report.

CHAPTERFIVE

5.OSCHEDULEOFPROPOSEDAMENDMENT

18. The Committee proposed the following amendment to be considered by the Houses in the Committee Stage:

FIRSTSCHEDULE (s. 2) COMPETENTAUTHORITIES

2. The Ministry responsible for matters relating to veterinary services, crop development and livestockdevelopment. 2. 1.The Ministry responsible for matters relating to public health and medical services. 3. The Ministry responsible for matters relating to fisheries. 5. The Kenya Dairy Board. 4. The Agriculture and Food Authority. 6. TheKenyaPlantHeathInspectorateService. 7. 8.The Fertilizer and Animal Foodstuff Board. 8. 7.The Pest Control Products Board. 9. 9.The National Biosafety Authority. 10. I1.VeterinaryMedicinesDirectorate. 11. 10.TheKenya Bureau ofStandards.

Mediation Committeeon the Food MediationCommitteeontheFood andFeedSafetyControl Coordination andFeedSafetyControlCoordination Bill(National Assembly Bill No.2I of Bill(National Assembly Bill No.2I of 2024) 2024)

Signed...

.Date..? 025

Hon. Sabina Wanjiru Chege, CBS, MP Chairperson

Signed

..Date.l4/zo

Sen.David Wafula Wakoli,MP Vice-Chairperson

THIRTEENTHPARLIAMENT-FIFTHSESSION-2026

MEDIATIONCOMMITTEEONTHEFOODANDFEEDSAFETYCONTROLCOORDINATIONBILL, 2023(NATIONALASSEMBLYBILLSNO.21OF2023)

ADOPTIONSCHEDULE

We, the undersigned Honorable Members of the Mediation Committee on the Food and Feed Safety Control CoordinationBill, 2023(National Assembly Bills No.21 of 2023)today,Tuesday, 1othMarch 2026dohereby affixour signaturesto thisReportof theMediationCommittee on theFood and Feed Safety Control CoordinationBill,2023(National AssemblyBillsNo.21of 2023) to affirm our approval and confirm its accuracy, validity and authenticity:

| S/NO. | NAME | SIGNATURE | |---------|---------------------------------|-------------| | 1. | Hon. (Dr.) John Mutunga, MP | | | 2. | Sen.PerisPesiTobiko,CBS,MP | | | 3. | Hon. Sabina Chege, MP | | | 4. | Sen. Allan Chesang, MP | | | 5. | Hon. Gabriel Kagombe, MP | | | 6. | Sen. David Wakoli, MP | | | 7. | Hon. Monicah Marubu, MP | | | 8. | Sen. Beatrice Akinyi Ogolla, MP | | | 9. | Hon.MartinPetersOwino,MP | | | 10. | Sen. Daniel Maanzo,MBS, MP | | | 11. | Hon. Joseph Kimilu, MP | | | 12. | Hon. Patrick Kibangendi, MP | | | 13. | Sen.Alexander Mundigi, MP | | | 14. | Sen. Beth Syengo, MP | |