Report On Consideration Of The Prevention Of Livestock And Produce Theft Bill (senate Bill No. 34 Of 2025)

THENATIONALASSEMBLY THIRTEENTHPARLIAMENT-FOURTHSESSION-2025

DIRECTORATEOFDEPARTMENTALCOMMITTEES DEPARTMENTALCOMMITTEEONAGRICULTUREANDLIVESTOCK

REPORT ON:

THEPREVENTION OFLIVESTOCKANDPRODUCETHEFTBILL (SENATE BILL NO.12 OF 2023)

THENATIONALASSEMBLY PAPFDSLAID

DAY.

DATE:

19 AUG 2025

CiMQPcDss PEm CoMnTiLe NXGeiGvLTuQE$Lvis1ak

TABLED BY:

CLERKSCHAMBERS DIRECTORATE OFDEPARTMENTALACOMMITTEES WILLISOGICQO THE-TABLE: PARLIAMENTBUILDINGS NAIROBI

AUGUST2025

TABLEOFCONTENTS

| LISTOFABBREVIATIONSANDACRONYMS. | | |--------------------------------------------------|------| | LISTOFANNEXURES.... | | | CHAIRPERSON'SFOREWORD | | | CHAPTERONE | | | 1.0PREFACE | | | 1.1EstablishmentoftheCommittee | | | 1.2MandateoftheCommittee. | | | 1.3 Committee Membership. | | | 1.4 Committee Secretariat. | | | CHAPTERTWO.. | 10 | | 2.OBACKGROUNDONLIVESTOCKTHEFTBILLINKENYA. | 10 | | 2.1 Introduction.. | .10 | | 2.2 Situational Analysis... | .10 | | 2.3 Comparative Analysis. | | | 2.4PolicyandLegalFrameworkofLivestockTheft | | | CHAPTERTHREE | 13 | | BILL | .13 | | (SENATE BILL NO.12 OF2023). | .13 | | 3.1 Introduction... | .13 | | 3.2 Objectives of the Bill | .13 | | 3.3 Institutional Framework Proposed in the Bill | .13 | | 3.4 Regulatory Frameworks.. | 13 | | 3.5lmpactof the Bill | 14 | | 3.6Clause byClauseProvisions of the Bill | 14 | | CHAPTERFOUR. | 16 | | 4.OPUBLICPARTICIPATION/STAKEHOLDERCONSULTATION | 16 | | 4.1Hon.Abdul RahimDawood,MP | 16 | | 4.2CouncilofGovernors... | 16 | | 4.3TheStateDepartmentforLivestockDevelopment. | 17 | | 4.4TheStateDepartmentforTrade | .19 | | 4.5 The Kenya Veterinary Board.. | .24 | | CHAPTERFIVE... | .28 | | 5.0COMMITTEEOBSERVATIONS. | ..28 | | CHAPTER SIX... | .29 | | 6.0COMMITTEERECOMMENDATION. | .29 | | CHAPTERSEVEN... 7.0SCHEDULEOFPROPOSEDAMENDMENTS | .30 | | REFERENCES.. | .40 |

LISTOFABBREVIATIONSANDACRONYMS

| ASALs | Arid and Semi-Arid Lands | |---------|-------------------------------------------------------| | CAC | CodexAlimentariusCommission | | Cap. | Chapter | | CBS | Chiefof theBurningSpear | | CECM | CountyExecutive Committee Member | | CPA | Certified Public Accountant | | CoG | Council of Governors | | DDC | Directorate of Departmental Committees | | Dr. | Doctor | | EAPCCO | Eastern Africa Police Chiefs Cooperation Organisation | | Hon. | Honourable | | ID | Identification | | LITS | Livestock Identification and TraceabilitySystem | | MP | Member of Parliament | | NA | National Assembly | | No. | Number | | NOPEU | National Ordinary People Empowerment Union | | ODM | Orange Democratic Movement | | PhD | Doctor of Philosophy | | REF | Reference | | SPS | Sanitary and Phytosanitary | | UDA | United DemocraticAlliance | | WOAH | World Organization for Animal Health | | WTO | World TradeOrganisation |

LISTOFANNEXURES

• 1.Adoption Schedule
• 2.Minutes Minutes of the 21s Sitting Minutesof the29thSitting(2024)
• 3.Copy of the Newspaper Advertisement
• 4.Copy of the Letter Inviting Stakeholders for a Meeting

5. A Copy of the Prevention of Livestock and Produce Theft Bill(Senate Bill No. /2 of 2023)

• 6.Matrix of the Bill
• 7.Witness Attendance Register for the Stakeholder Engagement Meeting

CHAIRPERSON'SFOREWORD

This Report contains proceedings of the Departmental Committee on Agriculture and Livestock on its consideration of the Prevention of Livestock and Produce Theft Bill (Senate Bill No. 12 of 2023) which waspublishedon30thDecember,2022.

TheBillwasReada FirstTimeon16thApril,2024and thereafter committed totheDepartmental Committee on Agriculture and Livestock for consideration and reporting to the House pursuant to the provisionofStandingOrder127.

and eventually eradicating livestock and produce theft. It puts in place mechanism for identification of livestock;the movement oflivestock;the prevention of livestock theft;theregulationof tradein livestock;andthereturnofillegallyacquiredlivestock.

Following placement of advertisements in the print media on Tuesday, 29th April 2024 requesting for memoranda on the Bill from members of the public and relevant stakeholders pursuant to Article I18 (1) (b) of the Constitution and Standing Order I27 (3), the Committee received memoranda from four (4) stakeholders.

• TheCommitteealsoinvitedstakeholdersvideletterREF:NA/DDC/A&L/2024/034dated27hMay,2024 for a stakeholders' engagement meeting on the Bill which was held on Thursday, 6th May 2024 with two (2) stakeholdersmaking oralpresentationsbefore the Committee.

Most stakeholders are in support of the Bill noting that livestock theft was prevalent in the Country and the measures proposed in the Bill will make it possible to trace and recover stolen livestock. They however observed that there is need to put in place a legal framework to govern the livestock sector in its entirety.

The State Department for Livestock Development on its part observed that the existent laws were sufficientlydeterrentagainstcattletheftthoughthefineswere low andthiscouldbe enhancedby Act,Cap. 355 and the Branding of Stock Act,Cap.357. They requested on the Committee to cease consideration of the Bill given that the Ministry was developing the Livestock Bill, the Animal Health Bill, theAnimal WelfareProtectionBill and theVeterinaryPublicHealthBill thatwould sufficiently address the matters being proposed in the Prevention of Livestock Theft and Produce Bill, 2023.

Hon. Abdul Rahim Dawood, MP, co-sponsor of the Bill urged the Committee to consider the Bill because the Bills proposed by the State Department for Livestock Development could delay before be submitted toParliamentfor considerationwhile livestock theft persisted in the Country.

In considering theBill,theCommitteeobserved thatthePreventionof Livestock andProduceTheftBill 2023 did not address collaboration with neighbouring countries given that cattle rustling thrives across the shared borders of Kenya, Uganda, South Sudan, Ethiopia and Tanzania. There is need to pursue a regional response to the transnational nature of cattle rustling by strengthening the existing legislative framework and security cooperation including border security among states in the Karamoja Cluster.

The Committee observed that the Bill had not proposed an institution that will have the mandate to conclusively address some of the root causes such as marginalization, commercial & political interests, proliferationoffirearms,porousborders,illiteracy,unemployment,and shrinkinggrazinglands.

The Committee is grateful to the Offices of the Speaker and the Clerk of the National Assemblyfor the logistical and technical support accorded to it during its sittings. The Committee also thanks the cosponsor of the Bill,Hon.Abdul Rahim Dawood,MP,and the State Department for Livestock Board forsubmittingviews ontheBill

Finally, I wish to express my appreciation to the Honourable Members of the Committee and the Committee Secretariat who made useful contributions towards the preparation and production of this report.

On behalf of the Departmental Committee on Agriculture and Livestock and pursuant to provisions of Standing Order 199 (6), it is my pleasant privilege and honour to present to this House the Report of the Committee on its consideration of thePrevention of Livestock and Produce Theft Bill (SenateBill No. 12 of 2023).

It ismypleasure toreportthat theCommittee has consideredthePreventionofLivestockandProduce TheftBill(SenateBillNo./2of2023) andhas thehonour toreportbacktotheNationalAssembly and Seven of this Report.

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

Chairperson, Departmental Committee onAgriculture and Livestock

1.0 PREFACE

I.IEstablishmentofthe Committee

1. The Departmental Committee on Agriculture and Livestock is one of the twenty Departmental Committeesof the National Assembly establishedunderStandingOrder2I6whosemandate pursuanttotheStandingOrder216(5)isasfollows: 2. To investigate, inquire into, and report on all matters relating to the mandate,management, activities, administration,operations and estimates of the assignedministries and departments;

• ili. On a quarterly basis, monitor and report on the implementation of the national budget in respect of its mandate;
• ii. To study the programme and policy objectives of Ministries and departments and the effectiveness of theirimplementation;
• iv. To study and review all the legislation referred to it;
• vi. To investigate and inquire into all matters relating to the assigned Ministries and departments as they maydeemnecessary,and asmaybereferredto themby theHouse;
• V. To study,assess and analyse the relative success of theMinistries and departments asmeasured by the resultsobtainedascomparedwiththeirstatedobjectives;
• vii. Tovet and report on allappointments where theConstitution or anylawrequires the National Assembly to approve, except those under Standing Order 204 (Committee on appointments);
• ix. TomakereportsandrecommendationstotheHouseasoftenaspossible,includingrecommendation ofproposedlegislation;

10. vii To examine treaties, agreements and conventions;

• X. To consider reports of Commissions and Independent Offices submitted to the House pursuant to the provisions ofArticle 254ofthe Constitution;and
• xi. To examine any questions raised by Members on amatter within its mandate.

1.2MandateoftheCommittee

2. In accordance with the Second Schedule to the Standing Orders, the Committee is mandated to consider, agriculture, livestock, food production and marketing. 3. In executing its mandate, the Committee oversees the Ministry of Agriculture and Livestock Development.

CHAPTERONE

1.3 Committee Membership

4. The Departmental Committee on Agriculture and Livestock was reconstituted by the House on 5th March.2025and comprises thefollowingMembers:

Chairperson

Hon.(Dr.) John Kanyuithia Mutunga,PhD, CBS, MP Tigania West Constituency

UDA Party

Vice-Chairperson

Konoin Constituency

Hon. Brighton Leonard Yegon, MP

UDA Party

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

Hon.Gabriel Gathuka Kagombe, MP Gatundu South Constituency

UDA Party

Hon. Ferdinand Kevin Wanyonyi, MP Kwanza Constituency

Hon.MonicahMuthoniMarubu,MP Lamu County

Ford Kenya Party

IndependentMember

Hon. Geoffrey Makokha Odanga, MP Matayos Constituency ODM Party

Hon.Patrick Kibagendi Osero,MP Borabu Constituency ODM Party

Hon. Justice Kipsang Kemei, MP Sigowet/Soin Constituency

Hon.Yussuf Mohamed Farah,MP WajirWestConstituency ODM Party

UDA Party

Hon. Jared Odoyo Okelo, MP Nyando Constituency

Hon.John Okwisia Makali,MP Kanduyi Constituency

ODM Party

Ford Kenya Party

Hon. Lawrence Mpuru Aburi, MP Tigania East Constituency NOPEU Party

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

Hon. David Kiplagat, MP

Soi Constituency UDA Party

I.4CommitteeSecretariat

• 5.The Committee is facilitated by the following Secretariat:

Ms. Laureen Omusa Wesonga ClerkAssistantI/HeadofSecretariat

Mr.Victor Kanda Kilimo ClerkAssistantIlI

Mr. David Ng'eno Principal Research Officer II

Ms. Brigitta Mati Senior Legal Counsel

Mr. Shadrack Musyoki Senior Research Officer

CPA Robert Ngetich Fiscal Analyst I

Mr. Gerald Kadede Legal Counsel Il

Ms. Edith Chepngeno Media Relations Officer Ill

Ms. Teresia Macharia Intern

CHAPTERTWO

2.0BACKGROUNDONLIVESTOCKTHEFTBILLINKENYA

2.1 Introduction

• 6.Livestock theft has been on the rise in Kenya. A more violent form involving firearms (cattle rustling) has also been a challenge for several decades and has led to the loss of numerous lives, destruction of property, loss of livelihoods, and insecurity which has made North-West Kenya a marginalized Region.

7. Despite the existence of the Stock and Produce Theft Act, Cap. 355 and provisions under the Penal Code prohibiting livestock and produce theft, the practice has continued unabated. It has therefore become necessary to address this issue comprehensively through several interventions including additional legislation. A legal framework for preventing livestock theft and cattle rustling as well as provisionfordocumentationof livestockmovement andverificationofmeatsourcesisneeded.

• 8.The Bill seeks to fll the above gap by providing a legal framework for the identification of livestock and their movement, prevention of livestock theft, regulation of livestock trade, and the return of illegallyacquiredlivestockandfirearms.

2.2 Situational Analysis

• 9.Livestock theft has become widespread in Kenya over the recent past. A brief by the National Crime Research Centre paints a grim picture of livestock theft in Kenya. It is a significant threat to farmers' livelihoods and also threatens their food security and development and the country at large. Related to livestock theft is cattle rustling,common in the area called the"Karamoja Cluster".

10. The Eastern Africa Police Chiefs Cooperation Organisation (EAPCCO) Mifugo Protocol defines cattle rustling as stealing or planning, organising, attempting, aiding or abetting the stealing of by dangerous weapons and violence. This transnational crime has severely affected North and Northwest counties of West Pokot, Baringo, Laikipia, Turkana and Samburu; and has so far spread to more than I5 counties, pushing pastoralists into abject poverty.

• Il. The major drivers of cattle rustling were identified as marginalization, commercial & political interests, proliferation of firearms, porous borders, illiteracy, unemployment and shrinking grazing lands. It manifests in the form of armed conflicts, ambushes and political rivalry. Its impact includes loss of lives, food insecurity, orphan burden, human trafficking and poverty.

12. Ineffective state strategies, limited security presence in the AsALs and its transnational nature across porous borders underpin the failure to tackle this problem.While the communitiesyearn for a solution to end cattle rustling, their experience of collective punishment in the hands of security servicemen has bred a lack of trust in security agencies. This has undermined partnerships with communitiesinthefightagainstthemenace. 13. Furthermore, laxity in enforcement of existing laws is said to be a challenge, where the police are accused of either turning a blind eye or benefitingfrom the unscrupulous trade. 14. In the spirit of cooperation to tame cross-border cattle rustling, Kenya initiated border collaborations as evidenced by the Moyale BorderPost and Memorandum of Understanding signed with Uganda including the planned Turkana (Lokiriama) Border Post.

2.3ComparativeAnalysis

15. The countries sharing the Karamoja cluster have intervened to deal with the organized crime of cattle rustling,with different results. Kenya's intervention has probably been unsuccessful due to limited disarmament campaign with no concurrent actions on community partnership, livelihood diversification, border surveillance to stop smuggling of firearms and cross-border cattle rustling. Such intervention has not addressed the root causes of cattle rustling despite Kenya being the country most affected by the impact of cattle rustling in the region. 16. On the other hand, through a multi-pronged intervention, Uganda has been able to reduce cattle rustling. It has adopted community dialogue, mediation and peacebuilding initiatives; combined with disarmament, security force presence and border surveillance, ensuring community intelligenceDisarmament and Development Project, thus availing alternative economic opportunities, and reducing the need for raiding livestock. 17. Uganda was the only country that ratified the 2008 Protocol on Cattle Rustling and is now one of the two countries that are in the process of ratifying the 202l revised version of the same Protocol.

2.4 Policy and Legal Framework of Livestock Theft

18. Constitutional rights: Article 27 on non-discrimination in law enforcement, Article 29 on marginalized. 19. Nairobi Protocol on the Prevention, Control and Reduction of Small Arms and Light Weapons in the Great Lakes Region, the Horn of Africa and Bordering States (2o04): was crafted to prevent and combat the proliferation of illicit small arms and light weapons, through

measures such as legislative intervention,strengthening sub-regional co-operation of state security agentsandcontrolofcivilianpossession.

• and records. It is yet to come into force as the government raised the procedural issue of ratification before implementation even though police chiefs agreed to the clause requiring immediate implementationattheEAPCCOmeeting.

21. The Penal Code: Cattle rustling is not recognized as a crime in the Penal Code. Section 278 providesforamaximumsentenceofI4yearsforthetheftofstock. 22. Cattle-rustling has, however, been recognised in other Acts such as the Hide, Skin and Leather Trade Act,BrandingofStockAct,MeatControl Act,StockandProduceTheftActandFirearmsAct.

CHAPTERTHREE

3.0OVERVIEWOFTHEPREVENTIONOFLIVESTOCKANDPRODUCETHEFTBILL (SENATEBILLNO.I2OF2023)

3.I Introduction

23. The Prevention of Livestock and Produce Theft Bill (Senate Bill No. I2 of 2023) is a Bill of an Act of Parliamenttoprovide a frameworkfor theestablishmentof mechanismsforpreventing,combating and eventually eradicating livestock and produce theft by putting in place mechanism for identification of livestock;themovementof livestock;theprevention of livestocktheft;theregulationof tradein livestock; and the return of illegally acquired livestock. 2. 24.TheBill alsoprovides aframeworkfor thebrandingoflivestock and therequirementtoobtain a facilitating tracing and recovery of livestock. It also creates a number of offences relating to livestock andproduce theft and imposes stiffer penalties on commission of the offences.

3.2 Objectives of the Bill

25.The objectives of theBill are to:

• a)Provideaframeworkfor:
• i)Prevention, combating and eradication of livestock theft to promote security and stability;
• ii) )Regulationofactivitiesof livestockownersinrelationtotheirlivestock;and
• ii)Registrationandmanagementof livestockby livestockowners;
• iv)Disarmament and return of illegally acquired firearms and ammunition.
• b)Enhance social and economic development amongst livestock keeping communities
• c)Provide a framework for tracking and returning of stolen livestock; and
• d) Provide a platform for collaboration amongst the government, communities and relevant agencies inpreventing,combating and eradicating livestock theft.

3.3 Institutional Framework Proposed in the Bill

• a si l au e u s l s Cabinet Secretary responsible for Livestock and the County Executive Committee Member responsibleforLivestock.

3.4RegulatoryFrameworks

• 27.Clause 36(1)ofthe Bill providesthat theCabinetSecretary,inconsultation with theCouncil of Governors, may make regulations for the better carrying out of the provisions of this Bill.

3.5 Impact of the Bill

• 28.TheBill has thepotential toreduce thetheft of livestock and livestockproducts.

3.6 Clause by Clause Provisions of the Bill

29. Part I (clauses I to 3): Provide for preliminary provisions, that is the short title, interpretation of terms as used inthebill andobjectsof the Bill. 30. Part Il (clauses 4 tol0): Outline the responsibilities of the Cabinet Secretary with regards to branding of livestock which include formulating a national policy and standards on identification and movement of livestock,establishing a national livestock data base,collaboration with security agencies and capacity building to county governments on livestock identification and movement. It alsoprovides for the functions of the county executive committee member responsiblefor agriculture in the counties, application for registration of a brand, certificate of registration of a brand, transfer of a brand cancellation of a registered brand and appeals to the High Court by aggrieved persons with respect to registration, transfer or cancellation of a brand. 31. Clauses II and I2 of the Bill provide for the obligation to brand livestock with a registered brand before the livestock attain six months or the use of permanent identification devices instead of a brand. 4. 32.PartIll(clausesI3toI6):Provideforthepermitforremovalof livestockfrom their ordinary premisesforpurposesofsaleorslaughter,retentionofremovalpermitbytheownerof livestock and an inspector for a period of three months, keeping of books of records by the owner of an abattoir of every livestock slaughtered and carcass or produce leaving the abattoir. It also provides for appointment of inspectors by county governments to coordinate the implementation of the Act atthewardwell. 33. Part IV (clauses 17 to 21): Provide for an offence for use of unregistered brand, branding another person's livestock,offencesonlivestock and livestockproduce theft,trespass withintention tosteal livestockor livestockproduce,conveyanceof livestockor livestockproduce without lawful authority andtamperingwithlivestockidentificationbrand. 6. 34.Clauses 22 to 30 of the Bill provide for prohibition of delivery or sale of livestock or livestock produce at night, illegal possession of livestock, killing of livestock with intention to steal and failure seizureand arrest,forfeitureofassetsderivedfromlivestocktheftanddetentionoflivestockseized in relationfor anyoffencecommitted under theAct.

• 35.PartV(clauses 3I to 39):Provide for public awareness and sensitization,dispute resolution mechanism, trial of offences under the Act, general penalty legislation by county governments and powersoftheCabinetSecretarytomakeregulations.

CHAPTERFOUR

4.OPUBLICPARTICIPATION/STAKEHOLDERCONSULTATION

36. Following the call for memoranda from the public through the placement of advertisements in the printmediaon29April,2024andvidealetterREF:NA/DDC/A&L/2024/034dated27thMay,2024 inviting stakeholders for a meeting, the Committee received memoranda from the following stakeholders:

• i. Hon.Abdul Rahim Dawood, MP;
• ii. TheCouncilofGovernors;
• ili. TheStateDepartmentforLivestockDevelopment;
• iv. TheStateDepartmentforTrade;and
• V. TheKenyaVeterinary Board

Thestakeholderssubmittedasfollows:

4.1Hon.Abdul RahimDawood,MP

37. Hon. Abdul Rahim Dawood, MP, co-sponsor of the Bill appeared before the Committee on IIth June, 2024 and urged the Committee to proceed with processing of the Bill since other Bills and meanwhilethe stock theftproblempersists.

CommitteeObservation/Recommendation

The Committeehadgiven theStateDepartmentforLivestockDevelopmenttimeto submitthelegislation toParliamentforconsiderationbutittookinordinate time.The Committee therefore agreed with the Honourable Member to proceed with considerationoftheBill.

4.2CouncilofGovernors

The Ccouncilof Governors,in a letter,Ref:COG/6/48 Vol.62 dated 3rd June 2024,submitted the followingcommentsonthePreventionof Livestock andProduceTheftBill,2023:

• 38.Theysupporttheenactmentof theBillintolawbecauseitwasestablishesaframeworktoprevent, combat, and ultimately eradicate livestock andproduce theft, a problem affectingvarious counties across Kenya.

39. The proposed framework for branding of livestock and the requirement to obtain a removal permit when livestock is being movedfrom onepremisesto another,wouldfacilitate tracingand recovery oflivestock. 2. livestocktheftbutalsoenhance thesocio-economicwelfareofpastoralcommunitiesthrough educationandthepromotionofalternativemeansof livelihoods. 3. sector in its entirety.

4.3 TheState Departmentfor LivestockDevelopment

Dr. Christopher Wanga, Director for Policy, Research and Regulations in a meeting with the Committee held on Ilth June, 2024, submitted as follows on the Bill on behalf of the State Department for Livestock Development:

42. The benefits of the Bill will be attained if the challenges along the entire value chain involving livestock toachievepreventionofcattletheft. 2. 43.Livestock theft thrives due toeconomic andculturalrealitieswherethey are aidedby lackofa Livestock Identification and Traceability System (LiTS) considering that the current laws are sufficiently deterrent against cattle theft save for the low fines which can be enhanced by Parliament. The current laws comprise of thePenal Code,theStock andProduceTheftAct,Cap.355which is providesfor therecoveryof finesimposedforthetheftofstockorproduce and tomakepersons liable to account for thepossessionof stock orproducein certain cases and theBrandingofStock Act, Cap. 357 which makes provision for the registration of brands for stock. 44. Globally, livestock identification facilitates traceability of animals and animal products for the purposes of disease control, animal health services, ownership, livestock trade, animal welfare, certification, food safety, production, breeding and genetics, and security. Identification of animals is anancientpracticewhereitwasmotivatedbyownershipratherthanhealthreasonsunliketoday where animal ID and traceability are generally motivated by animal health and food safety. In many countries, especially, those trading in animals and animal products, traceability of animals and ability to identify individual animals or homogenous groups of animals, the ability to track their movements, proper identification of premises, and recording information in appropriate registers. 45. Effective animal ID and traceability system is dependent on participation of all stakeholders where animal ID and traceability system should achieve traceability throughoutthe animal production and foodchainin linewithinternationalstandards setby theWorldOrganizationforAnimalHealth (WOAH) and the Codex Alimentarius Commission (CAC) for food safety.

enforcementof theLITSbasedonInternationalStandards-WOAHTerrestrial CodeChapter4.1 and4.2oftheCAC/GL60-2006.

• 47.Criticalcomponentsinlivestockidentification andtraceabilitycompriseof:
• a)Animal identification:Meanscombinationof theidentificationandregistrationof an animal uniquegroupidentifier.
• of itslife.
• c) Registration: Is the action by which information on animals (such as identification, animal health, and made appropriately accessible and able to be utilised by the competent authority.
• d)Animal identification system:Means theinclusion and linking of components such as identificationofestablishments/owners,theperson(s)responsiblefor the animal(s),movements andotherrecordswith animal identification.
• e)Traceability/product tracing: This is the ability to follow the movement of a food through specified stages of production, processing and distribution.

Inviewof theabove,theStateDepartmentobserved that:

• 48.They had developed theLivestockBill which was awaitingpublicationby the Leader of the Majority Partyof theNationalAssemblywhichprovidesforthedevelopmentofthelivestocksectorand regulationoflivestockinputsandlivestockproducts,researchandcapacitybuildinginthelivestock sector,and theestablishmentoflivestockagenciesandtrainingagencies.
• 49.TheyhaddevelopedanAnimalHealthBillwhichwasawaitingapprovalbytheCabinetbefore presentation toParliament.TheBillprovides for thepromotion andprotectionofanimal health; detection,prevention and controlof animal diseases;toprovide for a sustainablemanagement of animal health; and to provide a framework for consultation and co-operation on the management of veterinaryservices.
• 50.They had developed an Animal Welfare and Protection Bill which was awaiting approval by the CabinetbeforepresentationtoParliament.TheBillprovidesforthewelfareandprotectionof animals,andestablishmentoftheNational andCountyAnimalWelfareAdvisoryCommittees.

51. They had developed a Veterinary Public Health Bill which was awaiting approval of the Cabinet offood andnon-foodproductsofanimal origin.

• 52.They had developed the Livestock Identification and Traceability Regulations under the Branding of Stock Act, Cap. 355, that will holistically address the animal identification and traceability needs of

the country in line with the international protocols ratified by Kenya to support trade in livestock and livestock products and help in controlling livestock theft.

53. They are expected to comply with international treaties and protocols such as the one guiding global as the Sanitary and Phytosanitary (SPS) enforceable through the standards set by the WOAH for animal health andwelfare and theCACforfoodsafety.

54. The State Department therefore proposed that:

• a) The National Assembly stands down processing of the Livestock and Produce Theft Bill (Senate BillNo.12of2023)infavouroftheaboveproposedlegislativeagenda.

2. b)They endeavoured to enforce the Penal Code and Stock and Produce Act, Cap. 355 to address the challenges that the current Bill envisages to address in the immediate future.

CommitteeObservation/Recommendation

The Committee gave the State Department for Livestock Development time to submit the legislation to Parliament for consideration but it took inordinately long. The Committee thereforeresolved to proceedwith considerationof the Bill.

4.4 The State Department for Trade

• Mr. Lucas Mwago, Deputy Director for Trade, in a meeting with the Committee held on II*h June 2024, proposed the following amendments to the Bill on behalf of the State Department for Trade:
• Secretary" means the Cabinet Secretary responsible for the matters relating to livestock; while the 'Ministry" means the Ministry responsible for the matters relating to internal security.

Committee Observation/Recommendation

The proposal was adopted by the Committee. Clause 2 of the Bill was amended LivestockDevelopment.

Clause6

56. Amend the clause to provide for online registration of a brand.

Committee Observation/Recommendation

The proposal was rejected by the Committee. The clause was amended to enable counties to make county specific regulations on application of a brand hence the details of the applicationwereleftforcountylegislation.

Clause 8

• 57.Amend theclausetoreducetheperiodfor transferof aregisteredbrandfrom30 daysto15days Alternatively,thesystemshouldbedevelopedinaway thatitisinstantif theapplicantmeets all requirementsbuiltinthesystem.

CommitteeObservation/Recommendation

The proposal was rejected by the Committee because thirty (3o) days is a reasonable periodfor thecountiestocomplywith an applicationfor abrand.

Clause 13

• () () ii d smo osl o sd () i d p by inserting thewords"permanent identification device to"before the words"particulars of the brand"

CommitteeObservation/Recommendation

Theproposal was rejected by the Committee because the details of the livestock owner willbe provided for inthe formwhile a branddoes not have tobe necessarily permanent.

Clause 14

59. Amend sub-clause 14 (2) by increasing the period for removal permit from three months to six months.

CommitteeObservation/Recommendation

The proposal was rejected by the Committee because six months is a long time. Three monthsissufficient.

Clause 15

• be availed and used as software for ease of recording and may be interlinked to authorizing agencies for real time monitoring.

CommitteeObservation/Recommendation

The proposal was rejected by the Committee because it is a function of county governments and more details can be provided for in county specific legislation and the regulations.

61. Amend sub-clause 15 (4) to increase the period for keeping records from three months to either six months or Iyear because there are aspects of securitybeingguarded.

CommitteeObservation/Recommendation

The proposal was rejected by the Committee because six months is a long time. Three monthsissufficient

Clause17

62. Amend the clause by increasing fines for offences for using unregistered brands because the ones provided are too lenient and do not have lower limits hence prone to abuse. There is need to make them more punitive and prescribing a lower limit.

CommitteeObservation/Recommendation

The proposal was rejected by the Committee because the fine that is provided is commensurate to the offence.

63. Amend the clause to include"failure to keep records of livestock" as an offence.

Committee Observation/Recommendation

The proposal was rejected by the Committee because it is covered under the general penalty.

Clause 19

• because the penalty isrelativelyhigh.

CommitteeObservation/Recommendation

The proposal was rejected because the Bill provides for a general penalty which covers any offence not mentioned specifically.

Clause 23

65. Amend sub-clause 23 (l) to provide that livestock can be delivered between 6.30 pm and 6.00 a.m. with strictpermits issued to trustworthy traders so that tradeis nothindered because of a few culprits. The country is aiming to become a 24-hour economy.

CommitteeObservation/Recommendation

The proposal was adopted by the Committee hence section 23 was deleted.

Clause 28

• 66.Amendsub-clause28(3) toprovidefortheestablishment andmanagementof livestockcentres.

CommitteeObservation/Recommendation

The proposalwas rejected by the Committee,that is a function of the county governmentandmore detailscanbeprovidedforin thecountyspecificlegislation and the regulations.

Othersubmissionsinclude:

Clause 2

67. Amend definition of the following terms to avoid ambiguity in interpretation and for clarity: 2. a)Logo,name,number etc.are their unique identifiers in thebrand for ease of identification of a brand in a County?

CommitteeObservation/Recommendation

The proposal was rejected by the Committee because more details can be provided for in county specific legislation and the regulations.

• )CEC Member, amend definition to specify the docket, either livestock or security.

CommitteeObservation/Recommendation

reference to the county government and not the Chief Executive Committee Member.

• c)Definethetermlivestockcentre

CommitteeObservation/Recommendation

The proposal was rejected because the term has onlybeen used once in clause 28 and theCommitteehasproposedto amend itbyreplacingitwithanotherterm.

• 68.Amend the clause toprovide a clear demarcation of thefunctions of the twoMinistries.To provide clear demarcation/collaborative structures between the two Ministries.WWhereas components such as branding, transfers, movement and inspection are functions within the livestock docket, the Bill also envisages a greater role to be played by the Ministry of Internal Security.

CommitteeObservation/Recommendation

The proposal was adopted with amendment by aligning the Bill to the Ministry of Agriculture and Livestock Development and not the Ministry of Interior and National Administration.

Clause 6

69. Amend the clause to provide that the Cabinet Secretary in consultation with Council of Governors can develop a uniform fees schedule/guideline. This is for maintenance of uniformity and standards.

CommitteeObservation/Recommendation

The proposal was rejected by the Committee because it is already covered under clause 36(2)

Clause 8

70. Amend the clause to clearly define the term transfer, and whether the usage of this term can also theuseoftheterm.

CommitteeObservation/Recommendation

The proposal was rejected by the Committee because more details can be provided in county specific legislation and regulations

ClauseII

• 71.Amend the clause to provide a clear guideline that preserves the quality of leather required for the leather industry. The BETA model aims at manufacturing 4 million pairs of shoes annually for

Committee Observation/Recommendation

The proposal was rejected by the Committee because more details can be provided in county specific legislation and regulations.

Clause 13

• 72.Amend the clause to provide clarity on whether fees will be levied on this service. The counties can instrument. Care needs to be taken not to add unnecessary burden to the traders leading to increased cost of doingbusiness.

CommitteeObservation/Recommendation

The proposalwas adopted with amendments by the Committee by ensuring that the issue of fees is covered by the provision on regulations under clause 36(2)

Clause15

• into theft of livestock may take longer than three months hence the need for the records to be kept

CommitteeObservation/Recommendation

The proposal was rejected by the Committee because six months is a long time. Three monthsissufficient.

Clause36

• 74.Theclause shouldbe amended toprovide clarityonwhether theselivestockcentres are temporary holdingcentresfor animalswhichhavebeenseizedorrecoveredafter theft.TheBilldoesnot mentionhow,whenandwheretheyshouldbeestablishedneitherdoesitindicatewhoisresponsible for establishment.

CommitteeObservation/Recommendation

The proposal was rejectedbecause the termhas onlybeenused once in clause 28 and theCommitteehasproposed toamenditbyreplacingitwithanotherterm.Thiscan be left for the county specific legislation and regulations

4.5 TheKenyaVeterinary Board

The Kenya Veterinary Board has proposed the following amendments to the Prevention of Livestock and Produce Theft Bill (Senate Bill No. 12 of 2023):

Title

75. To review the existing legislations for example Branding Act, Cap. 357, Stock and produce Act, Cap. 355 and Animal Diseases Act,Cap.364. This is because Animal Health Bill will address most concernsofthecurrentBill.

CommitteeObservation/Recommendation

The proposalwas adopted with amendments to ensure that the Billis aligned accordingly,however,theCommitteenoted thattheBillintendstorepeal someofthe existinglawsreferredto.

Interpretation

• by the relevant minister because the interpretation as provided in the Bill is limiting.lt does not recognize marks by owners or communities.

Committee Observation/Recommendation

The proposal was rejected because the combination is developed by counties and not individuals or communities.

77. Amend interpretation of the word "livestock" to clarify the right ministry. To avoid conflicts of mandates between Ministry of Interior and Ministry of Agriculture and Livestock Development.

CommitteeObservation/Recommendation

Ministry of Agriculture and Livestock Development without redefining the meaning of livestock.

78. Redefine or redraft the word "Ministry" to mandate the Ministry of Interior to provide security, track,traceandrecoverstolen animals.

CommitteeObservation/Recommendation

The proposal was adopted with amendments to align the Bill with the functions of the Ministry of Agriculture and Livestock Development.

79. Amend definition of the word "register" to appropriate the role to be carried out by an officer designate or technical head at the county.

Committee Observation/Recommendation

The proposal was rejected. The Committee proposed an amendment to remove the use of register in theBill.

ClauseI

80. Amend the clause by enhancing the roles of the CS to prescribe any other means of identification of animals. The clause is limiting.

CommitteeObservation/Recommendation

The proposal was rejected because the clause deals with the obligation to brand and not the role of the Cabinet Secretary.

Clause 4

81. Amend the clause to provide clarity on which ministry the mandate falls. It should be under the MinistryofAgricultureandLivestockDevelopment.

CommitteeObservation/Recommendation

LivestockDevelopment.

Clause5

82. Amend the clause to assign the CECM a role to give records of registered animals with ownership. Toavoid duplication,conflict and inefficiencies in the administration.

CommitteeObservation/Recommendation

The proposal was rejected because the Bill ought to recognize county governments and notCECMs.

Clause 6

• 83.Amend sub-clause 6 (l) since a brand as a means of identification may be used for other purposes and therefore multiple registration for forty seven (47) counties might not provide harmony in the useinregistration.

CommitteeObservation/Recommendation

The proposal was rejected because it will be taken care of in county specific legislation and regulations.

Clause 14

• Meat Control Act. This is to avoid duplication.

CommitteeObservation/Recommendation

Theproposalwasrejectedbecause theMeatControl Actprovides forregulation on abattoirsmanagementandnotinthesubstantivelaw.

Clause15

• 85.Amend sub-clause 15 (l) to enhance the role of an inspector to include ascertaining absence of infectious animal disease and include qualifications of inspectors. To ensure that quality is maintained.

Committee Observation/Recommendation

The proposal was rejected because the details can be handled in county specific legislation.

Clause 19

86. Redraft sub-clause I9 (l) to provide a clear interpretation of what an enclosed land comprises of. To avoid ambiguity.

Committee Observation/Recommendation

The proposal was rejected because the details can be handled in county specific legislation.

Clause 20

87. Amend sub-clause 20 (l) to provide for a requirement for the owner to obtain a removable permit from the inspector. To provide harmony within the Bill itself.

CommitteeObservation/Recommendation

The proposal was rejected because it is covered by the provision as is.

Clause 30

• 88.Amend the clause to show clarity on which CECM is being referred to be specific.

Committee Observation/Recommendation

The proposal was rejected because the Bill ought to recognize county governments and notCECMs.

5.OCOMMITTEEOBSERVATIONS

Having considered the Prevention of Livestock and Produce Theft Bill(Senate Bill No.12 of 2023),the Committeeobservedasfollows:

• livestock and produce theft,with provisions on livestock identification, regulation of movement and trade, prevention of theft, and recovery of illegally acquired livestock.
• 2.The Bill does not adequately address cross-border collaboration, despite cattle rustling being prevalent along Kenya's borders with Uganda, South Sudan, Ethiopia, and Tanzania. There is need for aregional approach through stronger legislative frameworks,enhanced border security,and greaterinter-statecooperationwithin theKaramojaCluster.
• 3.TheBilldoesnotprovidefor theestablishmentordesignationof aninstitutiontoaddressthe root causes of livestock theft and cattle rustling, including marginalization, political and commercial interests, proliferation of firearms, porous borders, illiteracy, unemployment, and diminishing grazing lands.
• 4.In compliance with Article Il8 (1) (b) of the Constitution and Standing Order 127(3), public participationwas undertaken throughplacementof advertisements in theprintmedia on29th April 2024, which attracted four (4) memoranda. A stakeholder engagement forum was subsequentlyheldon6thMay2024,duringwhichoral submissionsontheBillwerepresented to theCommittee.
• 5.Stakeholders generally supported the Bill, noting its potential to curb widespread livestock theft throughimprovedtracingandrecoveryofstolenanimals,whilealsohighlightingtheneedfora comprehensive legal framework for the livestock sector. The State Department for Livestock Development,however,maintainedthatexistinglawswereadequatebuthamperedbylow penalties,and advised againstprogressingwith theBill dueto the Ministry's ongoing development ofbroaderlivestocklegislation.

CHAPTERFIVE

CHAPTERSIX

6.0COMMITTEERECOMMENDATION

The Committee having reviewed the Prevention of Livestock and Produce Theft Bill (Senate Bill No. 12 of 2023) recommends that the House approves the Bill with amendments as proposed in the Schedule in ChapterSeven of this Report.

CHAPTERSEVEN

7.0SCHEDULEOFPROPOSEDAMENDMENTS

The Committee proposed the following amendments to be considered by the House in the Committee Stage:

Long Title

1. THAT, the Bill be amended by deleting the long title and substituting therefor the following new long title-

""AN ACT of Parliament to provide for: a legal framework for the identification of livestock; the prevention of livestock theft; the regulation of trade in livestock, the return of illegally acquired livestock; and for connected purposes."

Justification

Return of illegally acquired firearms is a security function which falls under the Ministry of Interior.

Clause2

2. THAT,Clause 2 of theBill be amended— 2. (a)by deleting the definition of the term "ammunition"; 3. (b)by deleting the definition of the term"county executive committeemember"; 4. (c)by deleting the definition of the term "firearm"; 5. (d)by deleting the definition of"Ministry"and substituting therefor the following new definition"Ministry"means the Ministry of Agriculture and Livestock Development';and 6. (e)b by deleting the words"county executive committee memberin the respective county"in the definition of the word "register"' and substituting therefor the words "county government".

Justifications

• a) The Committee has proposed amendments to delete the terms from the Bill and thusnoneed to definethem astheyhaven'tbeen used in theBill.
• b) To specify that the Ministry that is being referred to is the Ministry of Agriculture andLivestockDevelopment.

Clause3

3. THAT, Clause 3 of the Bill be amended in paragraph (a)—

• (a)by deleting subparagraph (i) and substituting therefor the following new subparagraph- "(i)the prevention,combating and eradication of livestock theft through reliable andverifiable identificationmechanism".

• “(ii) the regulation of livestock movement from one place to another."and

• (c)by deleting subparagraph (iv).

Justification

To align the object of the Bill to the intention of the Bill and to delete functions that fall within the Ministry of Interior.

Clause 4

4. THAT, Clause 4 of the Bill be amended by deleting paragraph (d).

Justification

This is a security function which falls under the Ministry of Interior.

Clause5

5. THAT,Clause5of theBill be amended—

• s () "Functions of the county government”"

• (b) by deleting the opening statement and substituting therefor the following new opening statement——

• “(5)Every county government shall—

• d mu ml r n p () d a () "(a) establish and maintain a county specific register of livestock brands in collaboration with the

• Ministry;"

• (d)by deleting paragraph (c) and substituting therefor the following new paragraph—

• "(c) design,formulate and implement strategies and mechanisms for the prevention,combating and eradicatinglivestocktheft;

• (e) by deleting paragraph (e) and substituting therefor the following new paragraph—- "(c)promote the abandonment of livestock theft by collaboratingwith relevant agencies in sensitizing livestockownersonalternativesustainableformsoflivelihood;”and

• (f)By deleting paragraph (f).

Justifications

• s s l ( CECMs;

• (b) To ensure that county governments develop livestock brands in consultation with theMinistrysothatthebrandsarewelldifferentiated;

• (c) To introduce implementation by county governments after designing and formulating strategies;and

Clause 6

6. THAT,Clause6oftheBillbeamended-

• (a)by deleting subclause (l) and substituting therefor the following new subclause - "(1) Every livestock owner shall apply to the county government for registration of their livestock."

• (b)by deleting subclause (2) and substituting therefor the following new subclause—

• legislation."

• (c)by deletingsubclause(3) and substituting therefor thefollowingnew subclause

• “(3)A countygovernment shall ensureregistration of livestockwithin thirty daysfromthe dateof an requirements."

• (P 1)bydeletingsubclause(4);and

• (e)by deleting subclause (5).

Justifications

• (a) The Bill being a national legislation, emphasis is county governments and not CECMs;

• (b) To ensure that details on the application for the registration can be left for the county specific legislations since counties have different and unique challenges;

• (c) To ensure thatbrands are developed by the countyin consultation with the Ministry andnotthelivestockowner;

• (d) To ensure that application to the county government is for registration of livestock andnotbrands,thecounties to develop thebrands.

Clause7

7. THAT,theBill be amended in Clause 7—

• (a)by deleting subclause (l) and substituting therefor the following new subclause—

• "(1) Upon registration of a brand, a county government shall issue to the applicant a certificate of registration in the form prescribed in the county specific legislation."

• (b) in subclause (2)-

• (i) by deleting the phrase “under subsection (2)" appearing immediately before the word “made" and substituting therefor the words“under this section"; and

• (i) by deleting the phrase “county executive committee member”and substituting therefor the phrase“county government"

• )in subclause (4) by deleting the phrase “subsection (2)" in the opening statement and substituting therefor thewords“under thissection."

• P 1)in subclause (5) by deleting the words “under subclause (3)" appearing immediately before the word “certificate".

Justifications

• (a) The Bill being a national legislation, emphasis is on county governments and not CECMs; and

• (b) To avoid a lot of cross referencing of sections in the Bill.

Clause 8

8. THAT,Clause8oftheBillbeamended—

• (a)in subclause (l) by deleting the words “county executive committee"and substituting therefor the words “county government'";

• (b) in subclause (3)—

• (i) by deleting the words “county executive committee” and substituting therefor the words "county government"; and

• (i) by deleting the phrase “subsection (l)"and substituting therefor the word “this section".

• (c) in subclause (5) by deleting the words “county executive committee member”and substituting therefor the words “county government".

Justifications

• (a) The Bill being a national legislation, emphasis is on county governments and not CECMs; and

• (b) To avoid a lot of cross referencing of sections in the Bill.

Clause 9

9. THAT,Clause9oftheBillbeamended— 2. (a)in subclause (l) 3. (i)by deleting the words"county executive committee"appearing in the opening statement and substitutingthereforthewords"countygovernment"; 4. the words "county government"; and 5. (ii) in paragraph (c) by deleting the words "county executive committee"and substituting therefor the words"county government"

Justification

s a i l s CECMs.

Clause10

10. THAT, Clause I0 of the Bill be amended in subclause (l) by deleting the words "county executive committee member"and substituting therefor thewords"county government".

Justification

CECMs.

ClauseII

• Il.THAT,Clause IIof theBillbe amended—
• (a) in subclause (l) by deleting the word "six" appearing immediately after the phrase "of' and substituting therefor the word"three";
• (bi in subclause (2) by deleting the word "three"appearing immediately after the word "within"and substitutingtherefortheword"six";
• )in subclause3—
• (i) by deleting the word "conspicuous" in paragraph (a) and substituting therefor the word "traceable";
• (i)by deleting the words "county executive committee member" appearing immediately after the phrase"the"in paragraph(c) and substituting therefor the words"county government";
• (d)by deleting subclause(4) andsubstituting therefor thefollowingnewsubclause—
• "(4) A county government may prescribe further requirements on branding taking into consideration the uniquecircumstancewithintherespectivecounty.'

Clause 12

• 12.THAT,the Bill be amended by deleting Clause 12.

Justification

Branding ought to be permanent and identifiable whether it is visible or invisible.

Clause13

• I3.THAT,Clause I3 of the Bill be amended—

• (a) in subclause (l) deleting the words “the purpose of sale and slaughter or any other purpose" appearing immediately after word “for” and substituting therefor the words “any purpose";

• (b) in subclause (2) by deleting paragraph (h) and substituting therefor the following new paragraph-- "(h) in the case of sale, transactional market;"

Justifications

• (a) To ensure that removal permit is obtain in all circumstance of livestock movement.

• (b) To indicate the market where the sale is intended to take place since the seller may notknow details of thepurchase atthe time ofremoval of livestock.

Clause 16

• I4.THAT,Clause I6of the Bill be amended—

• (a) in subclause (l) by deleting the words “county executive committee member” and substituting therefor the words“county government”"and

• (b) in subclause (2)—

• (i) by deleting the words “county executive committee member”" in the opening statement and substituting therefor the words “county government"; and

• (i) by deleting the words “county executive committee member" in paragraph (e)and substituting therefor the words “county government".

Justification

The Bill being a national legislation, emphasis is on county governments and not CECMs.

Clause 17

15. THAT, Clause I7 of the Bill be amended by deleting the words “one year” appearing immediately after the word “exceeding” in the closing statement and substituting therefor the words“six months".

Justification

To ensure that thepenaltyiscommensurate totheoffence.

Clause18

• 16.THAT,ClauseI8of theBill be amended in theclosingstatement—

• (b) by deleting the word “fourteen" appearing immediately after the word “exceeding" and substitutingtherefor thewords“one";and

Justification

To ensure that the penalty is commensurate to the offence.

Clause 19

17. THAT,Clause I9of the Bill be amended—

• (a)by deleting subclause (l) and substituting therefor the following new subclause-

• "(1)A person who steals livestock or livestock produce, or receives any livestock or livestock produce knowingorhavingreasontobelieveit tobestolencommitsanoffenceandshallbeliable,on convictionfor,to a term ofoneyear orafineoftwice thevalue ofthe livestockor livestockproduce.

• (b)in subclause (2) by deleting the word “is liable on conviction to a life term of imprisonment"appearing immediately after the word“person”and substituting therefor the words“shall be charged with the offence of robbery withviolence";

• (c)by deleting subclause (3); and

• (d) in subclause (4) by deleting the words “a term of imprisonment of not less than fifteen years"and substituting therefor thewords“termnot exceeding fiveyears,ora fine amounting totwice thevalue ofthelivestock".

Justification

To ensure that the penalty is commensurate to the offence.

Clause 20

• 18.THAT,Clause 20 of the Bill be amended in subclause(l)—

• (a) by deleting the words “seven years" appearing immediately after the “exceeding” and substituting therefor the word“six months";and

• (b) by deleting the words “five" appearing immediately after the “exceeding” and substituting therefortheword“one".

Justifications

To ensure that the penalty is commensurate to the offence.

Clause 21

• 19.THAT,Clause 2I of the Bill be amended—

• (a) in subclause (3) by deleting the words “registrar or any officer”and substituting therefor the words“countygovernment";and

• (b) by deleting subclause (5).

Justification

To replace the registrar with the county government because there is no registrar in the Bill.

Clause 22

• 20.THAT,Clause 22 of the Bill be amended--

• aa, som e i ae as aa lo, som a a (e substitutingtherefor theword“notexceedingsixmonths";and

• (b) by deleting the words “of one million" appearing immediately after the “exceeding" and

Justification

To ensure that the penalty is commensurate to the offence.

Clause 23

21. THAT, the Bill be amended by deleting Clause 23.

Justification

Interfering with the movement of livestock will disrupt the markets which currently operate for 24 hours.

Clause 24

• 22.THAT,Clause 24ofthe Billbe amended—

• thewords“is confirmed to be stolen";and

• (b)by deleting the words"not less than fifteen years"and substituting therefor the words "not exceedingfiveyears,ortoafineamountingtotwicethevalueofthelivestock"

Justification

Toensurethatthepenaltyiscommensuratetotheoffence.

Clause25

• 23.THAT,Clause25oftheBillbeamended—
• (a)in subclause (l)—
• (i) by deleting the words "may be reasonably be suspected of being stolen" and substituting thereforthewordsisconfirmedtobestolen";and
• (i)by deleting the words "not less than ten years" and substituting therefor the words"not exceeding five years, or to a fine amounting to twice the value of the livestock".
• (b)by deleting subclause (2).

Justifications

• (a) To provide clarity of the offences;
• (b) To ensure thatthe penalty iscommensurate to the offence; and
• (c) To delete an ambiguous clause.

Clause26

• 24.THAT,Clause 26 of the Bill be amended by deleting the words"of not less than ten years"and substituting therefor thewords"notexceedingfiveyears,ortoafine amounting to twice thevalue ofthe livestock".

Justification

To ensure that the penalty is commensurate to the offence.

Clause27

• 25.THAT, Clause 27 of the Bill be amended by inserting the words"commits and offence and shall be liable,onconviction,foratermnotexceedingtwoyears,ortoafineamountingtothevalueofthelivestock"

Justification

Toensurethatthepenaltyiscommensurateto theoffence.

Clause 28

26. THAT, Clause 28 of the Bill be amended is subclause (3) by deleting the words “nearest livestock centre”and substituting therefor the words“nearest law enforcement agency"

Justification

To term livestock centre has not been defined hence not clear and it is more practical to hold the animals in a law enforcement agency in this context.

Clause31

• 27.THAT,Clause3I of theBill be amended—

• pue

• , n n ss , ap (e d ()

Justifications

• a To align the functions of county governments.

• b) To assign the function to county governments and not CECMs.

Clause32

28. THAT, Clause 32 of the Billbe amended by deleting the words “county executive committee member" and substituting therefor the words“county government".

Justifications

To place emphasis on county governments and not CEcMs.

Clause34

• 29.THAT,Clause34of theBillbe amended—

• (a)by deleting the words “not less than five hundred”and substitute therefor the words “not exceeding onehundred";and

• (b) by deleting the words “two years" and substituting therefor the words “six months".

Justification

To ensure that the penalty is commensurate to the offence.

Clause 36

30. THAT, Clause 36 of the Bill be amended in subclause (2) by deleting paragraph (e) and substituting therefor the following new paragraph- 2. (e)"forchargesandfeestobepaid tothe two levelsofgovernment"

Justification

To ensure uniformity in the process of coming up with the fees charged by counties by enablingtheCstomakeregulations.

SIGNED..

..DATE.

HON. (DR.) JOHN KANYUITHIA MUTUNGA, PhD, CBS, MP CHAIRPERSON, DEPARTMENTALCOMMITTEEONAGRICULTUREANDLIVESTOCK

REFERENCES