The Mung Beans Bill 2022 Senate Bill no13 of 2023

SENATEBILLS

(Bill No. 13 of 2022)

THEMUNGBEANSBILL,2022

(A Bill published in the Kenya Gazette Supplement No. 206 of 30th December, 2022 and passed by the Senate, with amendments, on Wednesday, 21st February, 2024.)

THEMUNGBEANSBILL,2022

ARRANGEMENTOFCLAUSES

Clause

PARTI-PRELIMINARY

• 1—Short title.
• 2—- Interpretation.
• 3—Objects oftheAct.

PARTII-RESPONSIBILITIESOFTHENATIONALAND COUNTYGOVERNMENTS

• 4—Duties of theAgriculture and Food Authority.
• 5—Dutiesofcountyexecutivecommitteemembers.
• 6—Prioritisation of mungbeans andmung beanproducts in governmentprograms.
• 7— Mung bean policy.

PARTIII-REGULATORYPROVISIONS

• 8—Requirementfor registration by growers.
• 9—Requirement for licensing of marketers,processers and large scale traders.
• 10—Countylicensing committee
• 11—Qualificationsfor appointment
• 12—Term of appointment
• 13—Applicationforalicence.
• 14—Refusal to issue a licence.
• 15—Cancellation ofalicence.
• 16—Appeal.
• 17—Licences toberenewed annually.
• 18—Dissemination ofmarketinformation.
• 19—Maintenance of registers.

PARTIV-MISCELLANEOUSPROVISIONS

• 20—Penalties.

• 21—Regulations
• 22County legislation.
• 23—Safeguardmeasures
• 24—Exclusion from application of Cap318.
• 25-Previous authorizations.

THEMUNGBEANSBILL,2022

ABillfor

ANACTofParliament toprovideforthedevclopment, regulation andpromotion of the mung bcans sector, andforconnectedpurposes.

ENACTEDbytheParliamentofKenya,asfollows-

PART1-PRELIMINARY

• 1.This Act may be cited as the Mung Beans Act, 2022.
• 2.In this Act

""Authority" means the Agriculture and Food AuthorityestablishedunderSection3oftheAgriculture and Food AuthorityAct;

"buyer" means a legal person cngaged in acquiring mung beansfor rc-salein the local orexport market;

"Cabinet Secretary"means the Cabinet Secretary for the time being responsible for matters relating to agriculture;

""county executive committee member"means sthe countyexecutivecommitteememberresponsiblefor mattersrelatingtoagricultureinacountywheremungbean is grown;

"licence" means a licence granted under section 10;

""mung bcan" means the plant or part of the plant of the speciesknownbotanically asvignaradiataor of any inter-specifichybridinvolving this species or of any progeny of such hybrid;

"grower"means a person whogrows or cultivates mung bean in Kenya,or a person who manages, controls or cultivates land inKenya onwhichmung bean is grown; and

"mung bean product" means any product, extract or substance obtained or derived from mung bean by any treatment or process.

• 3.The object of this Act is to-

Short title.

Interpretation.

Cap317

• (a)provideaframework forthe coordinated implementationofthe nationalpoliciesand strategiesonthedevelopment andregulationofthe mung bean industry;
• (b)facilitate and develop a framework to regulate and promote the development of the mung bean industry inKenya in order to make it competitive at theinternational level;
• (c)promotetheproductivityofthemungbean industry and generate higher incomefor growers;
• (d)topromote the use of mung bcans by the national and county governments in the implementation of feeding programs;
• (e)facilitatetheintroduction ofmodernmungbean farming techniques andgeneral modernization of themung beanindustry for cost control and productivityimprovement;and
• (f)provideaframeworkforimplementation of effective marketing strategies for mung bean in Kenya and at the international level.

PARTII-RESPONSIBILITIESOFTHENATIONAL ANDCOUNTYGOVERNMENTS

• 4.For thercalizationof theobjectivessetoutunder section3,theAuthority,in consultationwiththeCouncilof County Governors, shall--
• (a) put in place measures toimprove the overall production of mung beans in the country;
• (b)establish, coordinate and monitor the implementation ofnationalstandards andpolicies relating to themung bean industry;
• () provide technical assistance and capacity building tocountygovernmentsonitsowninitiativeor upon request by a county government;
• (d) develop, adapt and disscminate new technologies for enhancing efficiency and productivity in the mung bean industry;
• (e) establishlinkages withinternationalresearch agencies for the adoption of best mung bean

Duties ofthc Authority.

farming and processing practices;

• (f)develop a framework toincrease accessibility of affordable agricultural inputs by growers;
• (g) ensure.allocation of adequate resources for the development of the mung bean industry;
• (h)collate,manage and disseminateinformation on the mung bean industry;
• promoteaccesstointernationalmungbean markets and for this purpose, collaborate with the respectivecountyexecutivecommitteemembers in determining appropriate arcas for the establishment of local,regional and international markets;
• ()implement strategies inorder tosafeguard the interests of the growers in the mung bean industry;
• (k)initiate financing schemes for growers to enable access to affordablefundingforfarmers; and
• performanyother function necessaryfor the implementation of thisAct.
• 5.For therealization of the objectives set out under section3,acountyexecutivecommitteemember shall--
• (a)put in place measures to improve the quality and quantityof theproductionofmungbeanswithin the county;
• (b) provideagriculturalextensionservicestothe growers in the respective county;
• (c) enforce regulations andstandards on quality controlofinputsandproductionofmungbeansat the countylevel;
• (d) market mung beans produced in the respective countybothlocallyand attheinternationallevel;
• (e) initiate, undertake and participate in the collection, preparation,production and disseminationof data andinformationonmung beanproduction, processing and marketing in the county;
• (f) promote the circulation and access to timely

Duties ofcounty executive committee members.

marketinformationbygrowers;

• (g)promote investment in the infrastructure necessary tofacilitateaccesstomarketsandthe transportationof mung beans andmungbean products within and outside the respective county;
• (h) identifychallenges affecting themung bean industryinthe county and implement appropriate remedialmeasures;
• (i)avail farm inputs and implements including seeds, fertilizers and other planting materials in order to facilitatemungbean production;
• (j)developprograms sto intervene on soil conservation and improvement;
• (k) provide assistance to growers on post-harvesting managementofmungbeansandmungbean products;
• (l) promote the carrying out of mung bean trade through conducive taxation regimes;
• (m)establish inter-countyframeworks,institutions and agencies that they may consider necessary for the promotion of the mung bean industry;
• (n) formulate and implement county specific policies onthe development andregulation of the mung bean industry within the respective county;
• (o)develop and enact a countyregulatory framework for the development, management and regulation of the mung bean industry;
• (p) put in place measures for the control of plant discascs or noxious wecds that affect mung bean production;
• (q) put in place strategiesfor access to affordablc credit and insurancepackagesforgrowers;
• (r)investigatecomplaintsrclating tounfairtrade practices within the county; and
• (s) perform any other function necessary for the implementationofthisAct.

6. (1) The National and county governments shall, Prioritisation of

where they implement feeding programmes within schools or other institutions or areasfallingwithin theirrespective mandate,implement ahomegrownfeeding programme aimedat--

• (a) maximizing the benefits for growers by linking schoolsandotherrelevantinstitutions tolocal production;
• (b) strengthening the capacitiesofgrowersand communities;and
• (c)promoting the efficient production of mung beans incachcountyinordertoensureadequatesupply tothe schools,relevant institutions and food insecure areas in the country.

(2)In implementing a feeding programme under subsection (1),the cabinct secretary or county executive committeememberresponsibleforthefeedingprogram shall--

• (a) ensure the minimum standards on production, qualityandsafetyofmungbeansbygrowersare maintained;
• (b)ensureminimumnutritionalstandards maintainedin the affectedschools,institutions and areas;
• (c) ensure the price stability of mung beans and mung bean products;
• (d)put inplace mechanisms that ensure accessibility andcaseoftransportofmungbeanstoschools, relevant institutions and areas implementing the feeding programmes; and
• (e)put in placc strategies that ensure that the growers' ownfoodstockisprotected.

7.(1)Within six months of the commencement of this Act,the Cabinet Secretary,in consultation with the Council of County Governors,shall develop and adopt a comprehensiveNationalMungBeanPolicytopromote growthanddevelopmentof themungbeanindustryin Kenya.

• (2) In developing the National Mung Bean Policy,the

mung beans and mungbean products in government feeding programmes.

Mungbean policy.

Cabinet Secretary shall have regard to

• (a) theneedforaneffectivemanagementand implementationstructure at thenationaland countylevelsofgovernmentinordertoensurethe effective development of the mungbean industry;
• (b) adequate capacitydevelopment andsupport for growers and other stakeholdersin the mungbean industry;
• (c)theparticipation ofstakeholders andcommunities at the national and countylevelsof government;
• (d) thedevelopmentof appropriatestrategiesand mechanismsat thenationalandcountylevelsof government necessary to support the development of the mungbean industry;
• (e)theneed tohaveinplaceaframeworktomonitor andcvaluatetheimplementationofthepolicyin the development andregulation of themungbean sector;
• (f) the resources rcquired at the national and county levelsofgovernmentfortheeffective implementation of thepolicy;
• (g) the capacity building programmes and strategies neededtobecarriedouttoensurethatgrowersare abletorespondtothenecdsidentifiedforthe implementation of the policy; and
• (h) the resources necessary for the implementation of the policy in each county.

(3) County governments shall incorporate the Mung Bean PolicyintherespectiveCountyIntegrated Development Plan and agriculture industry policies.

• (4)The Cabinet Secretaryshall-
• (a)publish National Mung Bcan Policy in the Gazette;
• (b) review the policy at least once every five years; and
• ()facilitatepublicparticipation and involvement in the developmcnt and review of the policy.

PARTIII-REGULATORYPROVISIONS

• 8.(1) Every grower shall register with the relevant

Requirementfor registrationby countyexecutive committeemember.

(2)Eachcounty executive committeemember shall maintainaregisterof allmungbeangrowersregisteredin the respective county under subsection (1) specifying——

• (a)thenameofthegrower;
• (b) thelocation,size and parcel number oftheland on which the mung bean is grown; and
• (c)the variety of mung bean grown.

(3)Acountygovernmentmay enact countylegislation setting out--

• (a) the criteriafor theregistration of a grower within the respective county;
• (b)furtherinformationrequired tobesubmittedbyan applicantforregistration;and
• (c)suchothermatters asthecountygovernmentmay considernecessaryfor theregistration ofgrowers in therespectivecounty.

9.(1) A person shall not market,process or carry out large scaletrading inmungbeans or mungbeansproducts unlessthepersonhasobtainedalicencefromtherelevant countygovernment.

(2)A person who contravenes the provisions of subsection (l) commits an offence and is liable,on conviction,toafinenotexceedingonemillionshillings or toimprisonmentforatermnotexceedingtwoyearsorto both.

10.(l) Each county executive ecommitteemember responsiblefor matters relatingtotrade shall,for the effective performance of section 9,cstablish a county licensing committee.

(2)A county licensing committee shall consist of-

• (a) a chairperson;
• (b) onepersonrepresentinggrowersof mung beans in the respective county;
• (c) onepublicofficerinthedepartment responsibleforagriculturewithrelevant

growers.

Requirement for licensingof marketers, processers and large scale traders.

County licensing committee.

experience in matters relating to agriculture; and

• (d) twopublicofficersinthedepartment responsiblefortradewithrelevant experienceinmattersrelatingtotrade and finance.
• (3) The chairperson and the member under subsection (2)(b) shall be competitively recruited by the county public service board and appointed by the county executive committeemember.
• (4)The countyexecutivecommitteemembershall appoint the persons in subsection (2) (a) and (b) by notice in the gazette.

11.A person shall be qualified for appointment as a member of the countylicensing committce under section 10(2)(a) and (b), if that person——

• (a) holds a degree in agriculture, trade or finance from a university recognised in Kenya;
• (b) has at least five years' experienceinthe agricultural sector;and
• (c)meets the requirements of Chapter Sixof the Constitution.

12.A person appointed under section 10 (2) (a) and (b)shall serve for a term of threeyears'renewable for a onefurther term.

• 13.(1) A person who intends to market,process or carry out large scale trading in mung beans or mungbeansproducts shall make an applicationfor a licencetothe countylicensing committeeinthe form prescribedby the county executive committeememberresponsibleformattersrelating to trade.
• (2)The county licensing committee shall notify an applicant ofthedecision on an applicationfor a licence within twenty-one days.

Qualificationfor appointment

Terms of appointment.

Applicationfora licence.

• (3) A county government may enact county legislation setting out-

2. (a)the criteria for theissuance ofalicence within the respective county; 3. (b)i informationrequiredtobe submittedbyan applicantfor alicence under thisAct; 4. () the process of determination of an application for a licence under this Act; 5. (d)theprocessofapplicationfortherenewalof licences under thisAct;and 6. (e)such other matters as the county government may consider necessary forlicensing in therespective county.

• (4) In enacting legislation under subsection (3),a countygovernmentshalltakeintoaccountthe need toensure that-

8. (a) the licensing procedures are simple, accessible and donot impose an undue burden on an applicant; 9. (b)informationregarding the application requiremcnts andprocedureisreadilyavailable and accessible to an applicant; 10. (c) the application process is cost effective; and 11. (d) the licensing process is efficient and transparent and thatfeedbackis submittedto an applicant in a timely manner.

14.A county licencingcommitteemayrefusetoissue a licenceunderthisActwhere

• (a) the applicant has submitted false or misleading information in the application;
• (b) the application does not comply with the provisions of this Act;
• (c) or theapplicationdoesnotcomplywith 1the requirements of arelevant countylegislation.

15.(1) A county licensing committee may cancel a licence issued under this Act where the holder of such a licence is inbreach of theprovisionsof this Actor any Refusal to issuea licence.

Cancellation ofa licence.

otherrelevantnational orcountylegislation.

(2)A county licencing committee shall not cancel a licence issued under this Act unless the county licencing committee-

• (a)issues the holder of the licence a notice,of at least fourteen days, of the intention to cancel the licence;and
• (b)grants theholder of the licence an opportunity to beheardon theintendedcancellation.

(3)The notice specified under subsection (2)(a) shall----

• (a) be in writing;
• (b)notify theholderof thelicenceof thebreach and thesteps required tobe takentoensure compliance with the relevant law and avoid cancellation;
• (c)inform theholder of thelicence of thetimelines withinwhich complianceisrequired;and
• (d) contain such other information as the county executivecommitteememberresponsiblefor mattersrelatingto trademayprescribe.

(4)A countylicencing committeemay,uponrequest byaholder ofa licence,extend thetimelinefor compliance under subsection (3)(c) for such period as the county licencing committee may consider necessary.

(5)Acountygovernment tmaycnactcounty legislation, not inconsistent with this Act, prescribing further grounds for,and the process of, cancellation of a licenceissued under thisAct.

(6)A countylicencing committce shall inform the holderofalicenceissuedunderthisActofthecancellation of such a licence in writing.

16. (1) A person who is aggrieved by the decision of a Appcal. countylicensing committeeunder this Actmay,within thirtydays of bcingnotified of the decision,appeal to the countyexecutive committee member responsible for mattersrelatingtotrade.

(2)An appealtothecounty executivecommittec memberresponsiblefor matters relatingto tradeshall bein suchformasmaybeprescribeinthe countylegislation.

(3)The county executive committee member responsibleformattersrelatingtotradeshalldeterminean application under subsection (1) within sixty days of receipt of the application and may confirm,vary or reverse the decision ofthe countylicensingcommittee.

(4)A person who is aggrieved by the decision of the countyexecutivecommitteememberresponsiblefor mattersrelating totrademay,withinthirtydays of the decision, appeal to the High Court.

17.A licence issued under this Act is renewable annually.

18. The Authority shall carry out market research and disseminate such informationtogrowers andbuyers.

19.(l) The Authority shall keep and maintain a registerofallgrowers,buyersandotherentitiesregistered or licensed toundertake actions regulated by this Act.

(2)Acountyexecutive( committee member responsible for matters relating totrade shall kecp and maintain a register of all licenses issued under thisAct.

(3)A county executive committee member shall furnishtheAuthoritywithinformation on allgrowers registered in the county,onthefifth day ofeverymonth.

(4) A countyexecutive committee member responsibleformattersrelating totradeshall furnishthe Authoritywithinformationonlicencesissued,cancelledor renewedinthecounty,onthefifthdayofeverymonth.

PARTIV-MISCELLANEOUSPROVISIONS

20.(1) A person who commits an offence under this Act for which no penalty is provided is liable, on conviction,toafinenotexceedingfivehundredthousand shillingsor toimprisonmentfora termnotexceeding six months,ortoboth.

(2)Where anoffenceunder thisActis committedby a partnership,company,association or co-operative society, everypersonwhoatthetimewhentheoffencewas Licences to be renewed annually.

Disseminationof market information.

Maintenance of registers.

Penalties.

committed-

• (a) was director, partner or officer;
• (b) had knowledge or should have had knowledge of thecommissionoftheoffence;and
• (c) didnot exercise due diligence to ensure compliancewiththisAct,commitsanoffenceand isliablefor theoffenceas if thatpersonhad themselfcommitted the offence,unlesstheperson proves that the act or omission constituting the offencetookplacewithouttheirknowledge, consentorconnivanceandthattheyexercised diligence toprevent the commission oftheoffence as theyoughttohaveexercisedhavingregard to thenature of theirfunctions as director,partner or officerconcernedasaforesaidandtoallthe circumstances.

21.(1) The Cabinet Secretary may, upon consultation with the Authority and county governments, make Regulations--

• (a)prescribing anything that maybeprescribed under thisAct;and
• (b)generallyfor thebetter carrying outof the provisions of this Act.
• (2)Withoutprejudice to the generality of subscction (1),the Cabinet Secretary may make Regulations to provide for-
• (a)the regulation of the processing,importation and exportationofmung beanandmung bean products;
• (b)theforms tobeusedintheapplicationfor registration, licensing, contracts and related activities;
• () the process of application for registration, licensing and related activities;and
• (d)any fee which may be charged for anything done under this Act.

22.A county government may cnact legislation, not inconsistentwiththisAct,tomakefurtherprovisionforthe Regulations.

County legislation.

performanceoffunctionsandexerciseofpowersof the countygovernment under thisAct.

23.(1)Subject to theregional and international trade agreements to which Kenya is a party,all mung beans imports intothe country shall be subject to theprevailing import duties,taxes and other tariffs and such imports shall be controlled by theAuthority.

(2)The Cabinet Secretary shall implement such industryfrom unfair trade practices.

24.The Crops Act shall not apply to the production, development andregulationof mungbeans.

25.All directions, orders and authorizations given, or licenses or permits issued,or registrations madeby the Authorityinrelationto mungbean,and subsisting orvalid immediatelybeforethecommencement ofthisAct,shall be deemed to have been given, issued or made under this Act.

Safeguard measures

Exclusionfrom applicationofCap 318

Previous authorizations.

I certify that this printed impression is a true copy of the Bill as passed by theSenate on Wednesday,21st February,2024.

Endorsedforpresentationto theNational Assemblyin accordancewith the provisions of standing order 161 of theSenateStanding Orders.

SpeakerofthSenate