CHAPTER 333 - Coffee (Repealed) Act - Kenya Law
(Repealed by Coffee Act, Cap 333)
[pic]
LAWS OF KENYA
[pic]
The Coffee Act
Cap 333
Published by the National Council for Law Reporting
With the Authority of the Attorney-General
THE COFFEE ACT
CHAPTER 333
PART I - PRELIMINARY
Section
1-Short title
2-Interpretation
PART II-BOARD AND OTHER BODIES
3-Establishment and constitution of Board
4-Functions of the Board
5-Provisions as to meetings of Board
6-Powers of the Board
7-Delegation of powers of Board
8-Liability of members of Board
9-Establishment and constitution of the Advisory Committee
10-Establishment and constitution of the Joint Committee
11-Establishment and constitution of the Advisory Panel
PART III-LICENSING AND REGISTRATION
13-Prohibition of certain acts without licence
14-Kinds of licence
15-Issues of licences and licence fees
16-Duties of licence holders
17-Planters’ licences
18-Pulping station licences
18A-Application for renewal of licences
19-Registration and duties of coffee millers
20-Registration of distinguishing marks
PART IV-PROVISIONS RELATING TO THE EXPORT, MARKETING AND CURING OF COFFEE
21-Restriction of export and sale of coffee
22-Marketing of coffee by the Board
23-Power of the Board to require coffee to be cured
24-Statement of coffee cured and sample to be sent to the Board
25-Classification of samples by the Board
26-Board to purchase all coffee sampled
PART V-FINANCE
27-Levies
28-Coffee levy fund
29-Coffee pool
PART VI-AUDIT AND REPORT
30-Accounts and audit
31-Annual report and publication thereof
PART VII-GENERAL
32-Appeals
33-Service of notices
34-Powers of inspectors
34A-Powers of search and seizure
35-Offences by corporations, societies, etc
36-Penalty
37-Additional penalty for certain offences
38-Rules
CHAPTER 333
THE COFFEE ACT
An Act of Parliament to provide for the regulation of the coffee industry and the control of the production, marketing and export of coffee; and for purposes incidental thereto and connected therewith
26 of 1960, 45 of 1963, L.N. 622/1963, L.N. 661/1963, L.N. 695/1963,
Short title.
1. This Act may be cited as the Coffee Act.
Interpretation.
2. In this Act, except where the context otherwise requires -
“Advisory Committee” means the Coffee Licensing Advisory Committee established by section 9;
"the Board" means the Coffee Board at Kenya established by section 3;
"broker" means a person employed to negotiate sales of coffee between two other persons;
"buni" means coffee dried in the fruit or cherry but does not include hulled buni;
"coffee" means the fruit or any part of the fruit of Coffee species, and includes that known as clean coffee, parchment coffee and bum, and roasted berries and ground berries;
"commission agent" means a person employed by a planter as his agent for dealings in coffee;
"conference" means a meeting of delegates of planters in accordance with, and for any purpose specified in, section 12;
"co-operative society" means a co-operative society registered, or deemed to be registered, under the Co-operative Societies Act;
"dealer" means a person who purchases coffee either for himself or on behalf of a principal residing outside the East African Territories, whether or not for the purpose of resale;
"Director" means the Director of Agriculture:
"East African Territories" means Kenya, Uganda and Tanzania collectively;
"inspector" means a police officer of or above the rank of Inspector, an officer of the Department of Agriculture of or above the rank of Technical Assistant or a person appointed in writing by the Director to be an inspector for the purposes of this Act;
"Joint Committee" means the Standing Joint Committee established by section 10;
"member", in relation to the Board, does not include a person co-opted to serve on the Board;
"mill" means hull. husk or grade;
"plantation" includes any area of land or group of contiguous areas of land under the same ownership on which coffee plants are grown for sale or for the production of coffee;
"plantation interests" means the interests of persons who own severally not less than 50 acres of planted coffee;
"planter" means the holder of a current planter's licence and any person who is deemed to be the holder of such a licence;
"planter's licence" means a licence issued under section 17;
"pulping station" means any factory or place where coffee is pulped, fermented or otherwise treated for the preparation of coffee in parchment;
"warehouseman" means a person who conducts a ware-house where coffee is handled and stored for reward.
PART II - BOARD AND OTHER BODIES
Establishment and constitution of Board.
L.N. 13 of 1971, s.13
3. (1) There is hereby established a Board, to be known as the Coffee Board of Kenya, which shall consist of -
(a) three persons appointed by the Minister to represent plantation interests other than co-operative societies;
(b) three persons appointed by the Minister to represent co-operative societies and smallholders who are producers of coffee;
(c) not more than three persons, appointed by the Minister, having experience in the marketing of coffee;
(d) the Permanent Secretary in the Ministry of Agriculture or an officer of that Ministry designated by the Permanent Secretary in writing;
(e) one person appointed by the Coffee Research Foundation;
(f) one person, being an officer of the Department of Agriculture, appointed by the Director,
(g) one person, being an officer of the Department of Co-operative Development, appointed by the Commissioner of Co-operative Development;
(h) the Permanent Secretary to the Treasury or an officer of the Treasury designated by the Permanent Secretary in writing.
(2) The members of the Board appointed by the Minister shall -
(a) be appointed from a panel of names submitted by a conference; and
(b) hold office for such period, not exceeding three years as the Minister may specify; and
(c) be eligible for reappointment.
(3) The Minister may terminate the appointment of any member of the Board appointed by him if such member absents himself from three or more consecutive meetings of the Board without the permission of the Board.
(4) The Board may co-opt, for such period as it may think fit, any person or persons whose assistance or advice may be required by the Board or any committee thereof, but a person so co-opted shall not be entitled to vote at any meeting of the Board or committee or be counted as a member for the purposes of forming a quorum.
Functions of the Board.
13 of 1971, s.4
4. (1) The Board shall be responsible for the promotion of the coffee industry including the marketing and processing of coffee, the licensing and control of producers and processors of coffee, and research connected with the industry.
(2) The Board shall, if the Minister so directs, be the agent of the Government in respect of all matters pertaining to international agreements are or to be made in relation to coffee.
Provisions as to meetings of Board.
5. The following provisions shall have effect in relation to meetings of the Board -
(a) the Minister shall appoint one of the members of the Board appointed under paragraph (a) or (b) of subsection (1) of section 3 to be the chairman of the Board;
(aa) the Board shall elect one of its members appointed under the said paragraphs to be the vice-chairman of the Board;
(b) in the absence of the chairman and the vice-chairman from any meeting, a chairman for that meeting shall be chosen by the members present;
(c) the chairman of a meeting shall have a deliberative vote, and, in the case of equality of votes, also a casting vote;
(d) the Board shall fix the number of members required for a quorum;
(e) the Board shall meet not less than once in every three months;
(f) the chairman, or, in his absence from Kenya, the vice-chairman, may, in his discretion, at any lime convene a special meeting of the Board, and shall, upon receipt of a written request signed by not less than three members of the Board, convene a special meeting of the Board within two weeks after the receipt of the request;
(g) the Board may make standing orders for regulating the conduct of business and the procedure at meetings.
Board, Powers of 45 of 1963, s.4, 13 of 1971, s.6
6. (1) The Board shal1 be a body corporate having perpetual succession and a common seal, and may in its corporate name sue and be sued, and may purchase, hold manage and dispose of land and other property for the purpose of performing its functions under this Act.
(2) The Minister, after consultation with the Minister for the time being responsible for finance, may authorize the Board to raise or borrow such sums of money for the aforesaid purposes as it may in its discretion think fit, and the Board may secure the repayment of or raise any such sums by charge or lien upon any coffee which has been purchased, or which ay be purchased, by the Board under the provisions of this Act.
(3) The Board may appoint and employ, on such terms and conditions as it may from time to time determine, such officers and servants as it may consider necessary for the proper and efficient administration of the work of the Board.
(4) The Board may appoint and employ, on such terms and conditions as it may from time to time determine, agents to carry oat any of its functions under this Act.
(5) The Board may authorize any member or members thereof, or any officer employed by it, to exercise on its behalf, t any time when it is not meeting, such of its powers as it may from time to time specify.
(6) The exercise of powers under subsection (5) shall, to the extent required by the Board, be reported without unreasonable delay to a meeting of the Board.
(7) In the exercise of its powers and in the performance of its functions under this Act, the Board shall act in accordance with any general or special directions that may be given to it by the Minister.
Delegation of powers of Board.
7. The Board may, by resolution, delegate any of the lowers conferred on it by this Act to any of its members. officers or servants or to any committee, whether constituted wholly of members of the Board or of members of the Board jointly with members of any body established in any other country and having responsibilities for the marketing of coffee grown there similar to the responsibilities of the Board
Liability of members of Board.
8. No member of the Board or person co-opted to serve on the Board shall be personally liable for any act or default of the Board done or omitted to be done in good faith and without negligence in the course of the operations of the Board.
Establishment and constitution of the Advisory Committee.
13 of 1971, s.14
9. (1) There is hereby established a committee known as the Coffee Licensing Advisory Committee consisting of -
(a) one person appointed by the Board, who shall be chairman;
(b) three persons appointed annually by the Board; and
(c) three persons holding licences under section 13, elected annually, of whom two shall be elected by the Mild Coffee Trade Association of Eastern Africa and one by the Hard Coffee Trade Association of Eastern Africa.
(2) The function of the Advisory Committee shall be to advise the Board upon the issue of licences under section 13.
(3) Four members of the Advisory Committee shall form a quorum.
(4) The Advisory Committee may make standing orders for regulating: the conduct of business and the procedure at its meetings.
Establishment and constitution of the Joint Committee.
10. (1) There is hereby established a committee known as the Standing Joint Committee, consisting of -
(a) a chairman appointed annually by the Minister;
(b) three members elected annually by the Board; and
(c) three members elected annually by the Mild Coffee Trade Association of Eastern Africa.
(2) The function of the Joint Committee shall to consider all rules and regulations of the Mild Coffee Trade Association of Eastern Africa relating to conditions of trading in coffee on the Nairobi market.
(3) If the chairman of the Joint Committee is incapacitated by illness, absence or other sufficient cause from performing the duties of his office, the Minister shall appoint some fit person to be a deputy to act for him during his incapacity, and any deputy shall, while so acting, have all the powers and authority of the chairman.
(4) The chairman of the Joint Committee shall have no deliberative vote, but shall have a casting vote which shall be exercisable only in the event of the votes of the other members of the Joint Committee being equal; a decision of the majority of members present and voting at the meeting (including, in that expression, the chairman where he is entitled to vote) shall be deemed to be the decision of the Joint Committee.
(5) Five members of the Joint Committee, together with the chairman or his deputy appointed under subsection (4), shall form a quorum.
(6) The chairman of the Joint Committee may at any time convene a meeting thereof, and shall, upon receipt of a written request signed by not less than two members of the Joint Committee, convene a meeting thereof within one week of the date of such written request.
(7) The Joint Committee may make standing orders for the regulations of the conduct of business and the procedure at its meetings.
Establishment and constitution of the Advisory Panel.
13 of 1971, s.14
11. (1) There is hereby established a panel known as the Advisory Panel, consisting of -
(a) two dealers;
(b) two commission agents;
(c) one miller; and
(d) one other person.
all elected by the Mild Coffee Trade Association of Eastern Africa.
(2) Two members of the Advisory Panel shall retire in every year by rotation, but shall be eligible for re-election:
Provided that in the case of members who were last elected on the same date, the order of retirement shall be determined by the Advisory Panel by ballot.
(3) The function of the Advisory Panel shall be to advise tile Board on matters relating to the sale of coffee by the Board, and the Advisory Panel shall attend any meeting of the Board which it is required by the chairman of the Board to attend.
(4) Where the chairman of the Board requires the Advisory Panel to attend a meeting of the Board, he shall, within a reasonable time before the meeting, cause every member of the Advisory Panel to be notified of such requirement and of the date of the meeting.
(5) Any two or more members of the Advisory Panel may, by notice in writing signed by them, require the chairman of the Board to convene a special meeting of the Board for the purpose of hearing the advice of the Advisory Panel, and the chairman shall convene a meeting accordingly within a reasonable time thereafter.
(6) At any meeting of the Advisory Panel, four members of the Panel shall form a quorum.
(7) The members of the Advisory Panel present at any meeting thereof shall elect a chairman from among their number, who shall preside at that meeting of the Panel.
(8) If any member of the Advisory Panel is incapacitated by illness, absence or other sufficient cause from performing his duties as a member of the Advisory Panel, the chairman of the Mild Coffee Trade Association of Eastern Africa may appoint some fit person to act in his place during his incapacity, and such person shall have all the authority of the member of the Advisory Panel for whom he is acting.
Conferences.
13 of 1971, s.8,
L.N. 200/1974.
12. (1) The Board shall, at least once in every year, convene a conference of delegates of planters for the purposes of selecting names for submission to the Minister for the purposes of subsection (2) of section 3, of considering the reports and accounts mentioned in subsection (3) of section 31, and of transacting such other business of which notice has been given.
(2) The Board may convene conferences, in addition to that mentioned in subsection (1), for such purposes and at such times as it may think fit.
(3) Subject to this Act and any rules made thereunder, the Board may make standing orders for the regulation of the conduct of business and the procedure at conferences.
PART III - LICENSING AND REGISTRATION
Prohibition of certain acts without licence.
13 of 1978, Sch.
13. (1) Subject to subsection (2), no person shall -
(a) buy, sell, export, mill, warehouse or otherwise deal in or transact any business in coffee unless he is the holder of a current licence thereto authorizing him, issued, in its discretion, by the Board;
(b) transport or have in his possession any coffee unless he is licensed to do any of the things specified in paragraph (a) of this subsection or is acting in the course of his employment as the servant or agent of such person.
(2) This section shall not apply to -
(a) the purchase of clean coffee by a wholesale or retail seller of provisions from a dealer who holds a current dealer's licence and the onward sale by such wholesale or retail seller where -
(i) he keeps a register of all purchases so made by him; and
(ii) such purchase and onward sale are made in the course of his normal business;
(b) the purchase of coffee by any person from a dealer who holds a current dealer's licence or a planter who holds a current planter's licence where such coffee is required for the purchaser's own consumption or for planting on his own land;
(c) the milling by a planter of coffee produced by him;
(d) the warehousing of coffee by Kenya Railways or by the Kenya Ports Authority.
(3) Any person who contravenes the provisions of subsection (1) or acts in contravention of the conditions of any licence granted thereunder shall be guilty of an offence and shall be liable to imprisonment for a term not exceeding ten years with or without corporal punishment.
(4) Where a person is convicted of an offence under this section the court shall order that any coffee and any vehicle, vessel or other conveyance in relation to which the offence has been committed shall be forfeited to the Government unless, in the case of a vehicle, vessel or other conveyance, the court sees good reason, to be recorded by it in writing, not to do so.
(5) Where a person is charged with an offence under this section the onus shall be upon the person charged to prove that he was at the material time the holder of a licence authorizing him to do the things with which he is charged or that he was acting in the course of his employment as the servant or agent of such person, as the case may be.
Kinds of licence.
14. Licences under section 13 shall be of the following kinds -
(a) a dealer's "A" licence, authorizing the holder to deal in and export coffee of any country of origin;
(b) a dealer's "B" licence, authorizing the holder to deal in Kenya in coffee of any country of origin, but not to export coffee;
(c) a dealer's "C" licence, authorizing the holder to deal in and export coffee grown outside Kenya;
(d) a buni dealer's licence, authorizing the holder to deal in and export buni of any country of origin;
(e) a broker's licence, authorizing the holder to conduct the business of a broker; to conduct the business of a commission agent;
(g) a miller's licence, authorizing the holder to conduct the business of a miller;
(h) a warehouseman's licence, authorizing the holder to conduct the business of a warehouseman.
Issue of licences and licence fees.
13 of 1971, s.9
15. (1) Before issuing a licence under section 13, the issue of Board shall consult the Advisory Committee, licences and licence fees.
(2) The Board shall not issue such a licence to any person unless -
(a) it is of the opinion that the person is a fit and proper person to hold such a licence; and
(b) in the case of a dealer's "A" licence the Advisory Committee is satisfied that the person has sufficient knowledge or experience properly to conduct the business or employs on the staff of the business a person with such knowledge or experience.
(3) Every licence shall specify the premises upon which the business specified in the licence may be carried on.
(4) Licences issued under section 13 shall remain in force until the 30th day of June next following the date of issue, unless earlier cancelled.
(5) There shall be payable for the issue of licences such fees as the Minister may from time to time prescribe.
Duties of licence holders.
16. (1) The holder of a licence under section 13 shall -
(a) at all times keep on the premises specified therein a register in English or Kiswahili of all purchases and sales of coffee made under the authority of his licence, and within forty-eight hours after each purchase or sale enter in the register the name and address of the vendor or purchaser, as the case may be, the quantity purchased or sold and the date of the transaction:
Provided that if the method of dealing is otherwise than by purchase or sale the licensee shall enter in the register the manner and particulars of the dealing and the date thereof;
(b) at all times keep exhibited over the outer door of his shop or place of business, in English characters not less than three inches in size, his name and the words "Licensed Coffee Dealer" in English or Kiswahili;
(c) submit such returns at such times and to such persons as may be prescribed;
(d) on demand by an inspector, allow the inspector to enter upon his premises and inspect all coffee therein, and produce for his inspection at his request his licence and the register kept under this section.
(2) Any person who contravenes any of the provisions of subsection (1) shall be guilty of an offence.
Planter’s licences.
13 of 1971, ss. 10, 14
17. (1) No person shall plant coffee plants or maintain any plantation except under and in accordance with the terms and conditions of a current licence issued in respect thereof by the Board after consultation with the Director.
(2) Where a planter's licence is issued to a co-operative society, then all the members of the co-operative society shall be deemed to have been issued with such a licence for the purposes of this Act and any rules made thereunder.
(3) There shall be payable in respect of every licence issued under this section such fee as the Minister may from time to time prescribe:
Provided that no such fee shall be payable in respect of any plantation not exceeding one acre in extent which has been approved by the Director in consultation with the Board as a bona fide experimental plantation.
(4) Every licence under this section shall be issued annually and shall expire on the 30th day of June next following the date on which it was issued.
(5) The Board may, after consultation with the Director, cancel, or suspend for any specified period, a planter's licence.
(6) In the case of a planter's licence issued to a co-operative society, the Board may, after consultation with the Director, cancel, or suspend for any specified period, such licence in respect of a named member of such society.
(7) Any person who contravenes the provisions of subsection (1) or of any term or condition of his licence shall be guilty of an offence.
Pulping station licences.
13 of 1971, s.14.
18. (1) No person shall operate a pulping station unless he is the holder of a current licence issued in respect thereof by the Board after consultation with the Director.
(2) A pulping station licence may be issued in the form of an endorsement to a planter's licence.
(3) Where the holder of a planter's licence operates more than one pulping station, a list giving the location of each such station shall be endorsed thereon.
(4) Pulping station licences shall expire on the 30th day of June next following the date of issue.
(5) The Board may, after consultation with the Director, cancel or suspend a licence issued under this section in respect of any specified pulping station.
(6) Any person who contravenes the provisions of subsection (1) shall be guilty of an offence.
Registration and duties of coffee millers.
19. (1) No person shall conduct the business of a coffee miller unless he is registered as a coffee miller by the Board, nor at any other premises than those specified in the register.
(2) The register of coffee millers shall be kept by the secretary of the Board, who shall not register any therein without the approval of the Board.
(3) On registration of a coffee miller, the secretary shall issue to him a certificate of registration specifying the premises at which milling may be carried on.
(4) No fee shall be charged in respect of any registration or certificate of registration made or given under this section.
(5) Every coffee miller registered under this section shall submit such returns at such times and to such persons as may be prescribed.
(6) Any person who contravenes the provisions of subsection (1) or subsection (5) shall be guilty of an offence.
Registration of distinguishing marks.
13 of 1971, s.14
20. (1) No person offering for sale or exporting coffee shall use any distinguishing mark to mark and identify, it as coffee grown by him or by a member of a co-operative society to which he belongs unless the mark is registered as the distinguishing mark of such person or such society by the secretary of the Board in a register kept for that purpose.
(2) A person who desires to use, or a co-operative society who desires its members to be able to use, such a mark shall make application for registration thereof to the secretary of the Board, who may register the same, or may require the applicant to submit another mark to him for his consideration, or may, without assigning any reason, refuse to register the mark.
(3) Where the secretary of the Board registers a mark under this section, he shall issue a certificate of registration thereof to the applicant.
(4) Any person who contravenes the provisions of subsection (1) shall be guilty of an offence.
PART IV - PROVISIONS RELATING TO THE EXPORT, MARKETING AND CURING OF COFFEE
Restriction of export and sale of coffee.
13 of 1971, s.14,
13 of 1978, Sch.
21. (1) Subject to the provisions of this Act -
(a) no planter shall export any coffee;
(b) no planter shall sell any coffee to any person other than the Board;
(c) no planter shall roast any coffee for sale;
(d) no person other than the Board shall purchase coffee from any coffee planter:
Provided that the Board may, by order in writing, exempt any person from any of the provisions of this section for such purposes, in respect of such coffee, to such extent and subject to such conditions, as the Board may think fit.
(2) Any person who contravenes the provisions of sub-section (1) shall be guilty of an offence and liable to imprisonment for a term not exceeding ten years with or without corporal punishment.
(3) Where a person is convicted of an offence under this section the court shall order that any coffee and any vehicle, vessel or other conveyance in relation to which the offence has been committed shall be forfeited to the Government unless, in the case of a vehicle, vessel or other conveyance, the court sees good reason, to be recorded by it in writing, not to do so.
Marketing of coffee by the Board.
13 of 1971, s.14.
22. The Board may, in its discretion, purchase and sell any coffee which has been produced in the East African Territories or the Republic of Zaire, and for that purpose may make such contracts as it may think fit.
Power of the Board to require coffee to be cured.
13 of 1971, s.14.
23. (1) The Board may from time to time, by order in the Gazette, require planters within a specified time to cure the whole or any part of any coffee which is in their possession or to send it to a coffee miller registered under section 19 for curing.
(2) Any planter who fails to comply with an order made under subsection (1) shall be guilty of an offence.
Statement of coffee cured and sample to be sent to the Board.
13 of 1971, s.14
24. (1) Every miller to whom any coffee is sent for curing, and every planter who cures any coffee, shall, within forty-eight hours of the coffee being cured, send to the Board -
(a) a statement in the prescribed form of the coffee cured; and
(b) a half-pound sample of each grade of the cured coffee.
(2) Any person who contravenes the provisions of sub-section (1) shall be guilty of an offence.
Classification of samples by the Board.
13 of 1971, s.14.
25. (1) Where a sample of coffee has been sent to the Board under section 24, the Board shall classify the coffee of which it is a sample in accordance with the sample, and shall within seven days after such classification, notify the planter to whom the sample belongs, or his agent, of the class in which the coffee has been classified.
(2) Any planter who is aggrieved by the classification of his coffee under subsection (1) may, within twenty-one days of his notification under the said subsection, appeal in writing against such classification to an Appeal Board constituted in such manner as shall be prescribed.
Board to purchase all coffee sampled.
13 of 1971, s.14
26. Subject to the provisions of this Act, the Board shall purchase all coffee which has been classified under section 25, on terms fixed by the Board from time to time, and such coffee shall be delivered to the Board in such manner as may be prescribed.
PART V - FINANCE
Levies.
13 of 1971, ss. 12, 14
27. (1) The Minister may from time to time, on the recommendation of the Board, by order published in the Gazette, impose either or both of the following levies, that is to say -
(a) a levy, hereinafter referred to as an export levy, on all coffee, other than buni, produced in Kenya and exported:
Provided that -
(i) the amount of such levy shall not exceed one shilling per hundredweight or part of a hundredweight of coffee;
(ii) trade samples not exceeding ten pounds in weight shall not be liable to levy;
(iii) no such levy shall become operative until the expiration of a period of two months from the date of the order imposing it, but without prejudice to the validity during such period of any levy previously imposed;
(b) a levy, hereinafter referred to as a planter's levy, for a specified period not exceeding three years on all coffee sold to the Board under the provisions of this Act:
Provided that the amount of such a levy shall not, in the case of any planter, exceed three per centum of the payments due to him from the Board for coffee purchased from him by the Board.
(2) All moneys due on account of an export levy shall be a debt due to the Board from the person exporting the coffee, and may be collected by the Commissioner of Customs and Excise on behalf of the Board.
(3) No coffee produced in Kenya shall be exported unless the export levy payable in respect thereof has been paid, and any person who exports or attempts to export any such coffee in respect of which any money is owing in respect of export levy shall be guilty of
an offence.
(4) All moneys due on account of a planter's levy shall be a debt due to the Board from the planter concerned, and the Board may recover such moneys by way of deduction from any moneys which are due to the planter from the Board.
Coffee levy fund.
L.N. 365/1964
13 of 1971, s.14.
28. (1) There is hereby established a fund known as the coffee levy fund, which shall consist of all moneys collected in respect of the levies imposed under section 27 and the fees for licences issued under this Act, and such sums as Parliament may from time to time provide for the purpose.
(2) The coffee levy fund shall be in the custody of the Board, and the Commissioner of Customs and Excise shall, as soon as practicable after the last day of each month, pay such amounts as have been collected by him on account of any export levy into an account opened in the name of the Board with a bank approved by the, Minister.
(3) The Board shall apply the coffee levy fund as follows -
(a) in payment of the expenses, commission and other charges incurred by the Board or
for which the Board may become liable in the course of its business;
(b) to the cost of advertising the merits of Kenya coffee and of endeavouring to increase its sale by extending existing markets and exploiting new markets, and of matters incidental thereto;
(c) to the cost of research and experimentation;
(d) to the remuneration of and the payment of travelling and out-of-pocket expenses to individual members of the Board and persons appointed to serve on the Board at rates approved by the Minister;
(e) to the employment of such staff as the Board may consider necessary for the carrying out of its functions;
(f) to any other purpose which in the opinion of the Board is calculated to promote the welfare of the coffee industry or the more economic production or preparation of coffee:
Provided that the Board shall not, without the prior approval of the Minister, apply any part of the coffee levy fund to any service under this paragraph if money has during the preceding twelve months been provided by the Parliament to the coffee levy fund.
(4) The Board may lend any moneys for the time being in the coffee levy fund to the Government, to any public body or to any bank licensed under the Banking Act (Cap 488) on interest, or may invest in such securities as it may think fit any such moneys which are not immediately required for any of the purposes set out in subsection (3).
Coffee pool.
29. (1) There is hereby established a pool known as the coffee pool, which shall consist of all moneys derived from -
(a) the sale of coffee by the Board;
(b) payments made to the Marketing Board under the provisions of this Act or of any rules made there under;
(c) any other source approved by the Minister in that behalf.
(2) The coffee pool shall be in the custody of the Board, who shall apply the moneys therein to all or any of the following purposes -
(a) the remuneration of the officers, servants and agents employed by the Board;
(b) the payment of such remuneration to individual members of the Board as may be approved by the Minister;
(c) the payment of travelling and out-of-pocket expenses of individual members of the Board at rates approved by the Minister;
(d) the payment of insurance, transport, storage, brokerage, commission and any other charges incurred in carrying out the provisions of this Act;
(e) paying for coffee purchased by the Board;
(f) the creation of reserve funds for such purposes as the Board may think fit;
(g) any other purpose approved by the Minister.
PART VI - AUDIT AND REPORT
Accounts and audit.
13 of 1971, s. 14,
2 of 1977, s, 46,
Cap 531.
30. (1) Each Board shall cause to be kept such books of account and other books in relation thereto and to all its undertakings, funds, activities and property as the Minister may from time to time require; and shall, within a period of four months after the end of its financial year, or within such longer period as the Minister may approve, cause to be prepared, signed and transmitted to the auditor-
(a) a balance sheet showing in detail the assets and liabilities of the Board; and
(b) such other statements of account as the Minister may require.
(2) The accounts of the Board shall be examined, audited and reported upon annually by the Controller and Auditor-General or by such other person as the Minister may appoint, being a person who holds a practising certificate issued pursuant to section 21 of the Accountants Act.
(3) The Board shall produce and lay before the auditor all books and accounts of the Board, with all vouchers in support thereof, and all books, papers and writings in its possession or control relating thereto, and the auditor shall be entitled to require from all members, officers, employees and agents of the Board such information and explanation as he may consider to be necessary for the performance of his duties as auditor.
(4) The expenses of and incidental to the audit shall be paid by the Board.
Annual report and publication thereof.
L.N. 365/1964
13 of 1971, S.14.
31. (1) The Board shall, within a period of seven Annual report months after the end of its financial year or within such longer period as the Minister may approve, submit to the Minister a report of its operations during such year, and the yearly balance sheet and such other statements of account as the Minister shall require together with the auditor's report thereon; and the Board shall, if the Minister so requires, publish them in such manner as the Minister may specify.
(2) The Minister shall lay the Board's report and the auditor's report, together with the balance sheet and such other statements of accounts as he may have required, on the table of the National Assembly within fourteen days of receipt of the reports and statements by trim, or, if the National Assembly is not sitting, within fourteen days of the commencement of the next sitting.
(3) The Board shall submit its report and the auditor's report, together with the balance sheet and such other statements of account as the Minister may have required, to the conference next convened after the same have been submitted to the Minister, being in each case the conference convened for the election of members to the Board.
PART VII - GENERAL
Appeals.
Appeals 13 of 1971, s.14.
32. Any person aggrieved by the refusal of the Board, Appeals, or of any person authorized by the Board in that behalf, to issue any licence under this Act, or by the cancellation or suspension of any such licence, or by any decision of the Board under the proviso to subsection (1) of section 21, may, within thirty days after being notified of such refusal, cancellation, suspension or decision, appeal to the Agricultural Appeals Tribunal established under Part XV of the Agriculture Act, and the provisions of that Part shall, mutatis mutandis, apply in relation to every such appeal.
Service of notices.
33. Where any notice is required by or under this Act or any rules made thereunder to be served on any person, service thereof may be effected either personally on such person or by registered post; and, where the person to be served is a body corporate or a society or other body of persons, service of any such notice may be effected by serving it personally on any secretary, director or other officer thereof or on any person concerned or acting in the management thereof, or by leaving it or sending it by registered post addressed to the body corporate, society or body of persons at its registered office, or, where there is no registered office, at any place where it carries on business.
Powers of inspectors.
34. (1) An inspector may require the person in charge, or appearing to be in charge, of the premises of a planter or retail seller of provisions to allow him free ingress to the premises and to produce to him for his inspection any licence issued, and any register kept, in relation thereto under this Act,
(2) Any person who refuses entry to an inspector acting under this section or obstructs him in making entry or in making an inspection thereunder, or who, without reasonable excuse, fails to produce any licence or register production of which is required of him under this section, shall be guilty of an offence.
Powers of search and seizure.
13 of 1978, Sch.
34A. (1) An officer of the Ministry of Agriculture or of the Board, authorized in writing by or on behalf of the Director or the Board, as the case may be, upon production of his authority on demand, and any police officer or administration police officer may –
(a) enter and search any premises upon which he has reason to believe there is coffee in respect of which an offence under section 13 or 21 is being or has been committed, and seize and remove any coffee found thereon which he has reasonable cause to believe may provide evidence of that offence:
Provided that, before removing any coffee under this paragraph, the person removing it shall furnish the person in whose custody or possession the coffee is at the time of removal with a written receipt therefor;
(b) stop, search and detain any vehicle, vessel or other conveyance which he has reason to believe is being or has been used for conveying any coffee in respect of which an offence under section 13 or 21 is being or has been committed.
(2) Every seizure under subsection (1)(a) shall be reported without unnecessary delay to a subordinate court, and where any vehicle, vessel or other conveyance has been stopped and detained under subsection (1)(b) the person stopping and detaining shall forthwith take it or cause it to be taken together with its contents, or report the fact of its detention, to the nearest police station and the officer in charge of the police station may thereupon order that the vehicle, vessel or other conveyance, together with any coffee found therein, be seized.
(3) Any person who hinders or obstructs a person acting in the exercise of his powers under this section shall be guilty of an offence.
Offences by corporations, societies, etc.
35. Where any offence under this Act or under any rules made thereunder is committed by any company or other body corporate, or by any society, association or body of persons, every person charged with, or concerned or acting in, the control or management of the affairs or activities of such company, body corporate, society, association or body of persons shall be guilty of that offence and liable to be punished accordingly, unless it is proved by such person that, through no act or omission on his part, he was not aware that the offence was being or was intended or about to be committed or that he took all reasonable steps to prevent its commission.
Penalty.
36. Any person who is guilty of an offence under this Act for which no penalty is specially provided shall be liable to a fine not exceeding five thousand shillings or to imprisonment for a term not exceeding six months, or to both such fine and such imprisonment.
Additional penalty for certain offences.
Cap. 63,
Cap 75.
37. (1) Where the holder of a licence under section 13, or any person registered under section 19, of this Act is convicted of an offence under Chapter XXXI of the Penal Code in respect of coffee, the court convicting him may, in addition to imposing any other penalty, order that his licence or certificate of registration, as the case may be, be cancelled with effect from such date as the court considers will enable him to dispose of his existing stock of coffee, and that he be debarred thereafter from obtaining such a licence or from being so registered for such period as the court thinks fit.
(2) A person whose licence or certificate of registration has been ordered, under subsection (1), to be cancelled may, notwithstanding the provisions of section 348 of the Criminal Procedure Code, appeal against the order to the High Court in accordance with the provisions of Part XI of that Code-
Rules.
13 of 1971, ss. 13, 14
38. (1) The Minister may, after consultation with the Board, make rules for prescribing anything which by this Act is required to be prescribed and generally for the better carrying out of the provisions of this Act.
(2) Without prejudice to the generality of the powers conferred by subsection (1), rules thereunder may provide for all or any of the following matters -
(a) prescribing the manner of electing the members of the Board, the Advisory Committee, the Joint Committee and the Advisory Panel who are required by this Act to be elected, and the manner in which lists of candidates for election shall be published;
(b) prescribing the manner in which delegates to represent planters for the purposes of section 12 shall be elected;
(c) prescribing the forms and manner of application for registration under this Act, and the forms and manner of application therefor;
(d) prescribing the forms and manner of application for registration under section 19 or section 20;
(e) prescribing the forms of certificate to be issued under this Act;
(f) prescribing the returns, and the forms thereof, to be made by persons holding licences under section 13 and millers registered under section 19;
(g) prescribing me areas in which coffee may be planted, and regulating and controlling the variety, the cultural conditions, the method of production and the quality of coffee, and providing for the control of pests and diseases;
(h) empowering the Board or the Director to give directions to any planter as to the method of sowing, planting, cultivation, harvesting, collection, movement, pulping, drying or storage of coffee, and to delegate the like powers to any person;
(i) prescribing the forms of registers required by this Act to be kept, and the matters to be entered therein.
(j) controlling and regulating the purchase and sale of coffee by the Board;
(k) providing for and regulating deliveries of coffee to the Board;
(l) prescribing the services which the Board may render to planters for payment, and the charges to be made therefor;
(m) providing for the submission of returns to the Board relating to me acreages of coffee which are under cultivation, and the quantities of coffee available for sale to the Board;
(n) prescribing the forms and procedure for appeals under this Act;
(o) providing for the manner of classification of coffee under this Act;
(p) prescribing the fees which may be charged for any thing to be done under this Act.
SUBSIDIARY LEGISLATION
Planter’s levy imposed under 27(1) (b)
Planter’s levies are not reproduced, being of transitory effect. They may be found in L.N. 194/1966.
Rules under section 38
THE COFFEE (GENERAL) RULES
PART I - PRELIMINARY
Citation.
1. These Rules may be cited as the Coffee (General) Rules.
Interpretation.
2. In these Rules, unless the context otherwise requires -
"Appeal Board" means the Appeal Board constituted under rule 35;
"chief district delegate" means a person appointed as a chief district delegate in accordance with Part V;
"district delegate" means a person ejected or appointed as a district delegate in accordance with Part IV;
"electoral area" means a province in which coffee is grown;
"electoral district" means an electoral district established by Part H;
"licensed miller" means a person licensed under paragraph (g) of section 14 of the Act;
"licensed warehouseman" means a person licensed under paragraph (h) of section 14 of the Act.
PART II - ESTABLISHMENT OF ELECTORAL DISTRICTS
Electoral areas.
3. For the purposes of these Rules, the electoral areas specified in the first column of the First Schedule shall comprise the electoral districts specified in the second column of that Schedule.
Allocation of electoral districts
4. (1) Whenever a planter's licence is issued to any person or co-operative society, the Board shall allocate that person or society to an electoral district, and shall notify such person or society of the district so allocated by endorsement on .the planter's licence at the time of issue.
(2) The secretary of the Board shall maintain a register in which shall be entered the name of each person or co-operative society issued with a planter's licence and the electoral district to which such person or society has been allocated and the register shall be available for inspection by any person during the normal working hours of the Board.
Variation of districts.
5. The Board may, at any time, except during the sixty days preceding the conference, vary the electoral district to which any person or co-operative society issued with a planter's licence has been allocated, and the secretary of the Board shall thereupon notify such person or society of the variation.
PART III - CONVENING OF ELECTORAL DISTRICT MEETINGS
Electoral district meetings.
6. (1) The chief district delegate of each electoral district shall convene a meeting of planters and representatives of co-operative societies in the district and the meeting shall be held not less than thirty days -before the dale fixed for the conference in each year.
(2) The chief district delegate shall give not less than fourteen days notice of the meeting convened under paragraph (1).
Delegates to district meetings.
7. Every co-operative society allocated to an electoral district under rule 4 shall be entitled to send to the meeting convened in accordance with rule 6 one representative elected 'by the committee of such society and every other holder of a planter's licence so registered shall be entitled to send to such meeting one representative, who shall be the owner or a director or partner of the plantation to which such licence relate.
PART IV - ELECTION AND APPOINTMENT OF DISTRICT DELEGATES
Interpretation of Part
8. In this Part, "representative" means a person entitled to attend a meeting convened in any electoral district under Part III.
Election of delegates to the conference.
9. (1) The representatives present at a meeting convened under Part III shall elect a district delegate or district delegates to the conference to be held in accordance with section 12 of the Act
(2) The number of district delegates to be elected by each electoral district shall be .the number specified in the third column of the First Schedule m relation to the electoral district.
(3) Each candidate for election as a district delegate shall be proposed and seconded by the representatives present at the meeting convened under Part III.
(4) When the number of candidates duly proposed and seconded for election in any electoral district does not exceed the number of district delegates to be elected for such district, all the candidates shall be declared elected.
(5) When the number of candidates duly proposed and seconded for election in any electoral district exceeds the number of district delegates to be elected for such district, an election ballot shall be held forthwith, and in the ballot each representative shall be entitled to one vote in respect of each vacancy.
Delegate to the conference
10. Every district delegate shall be a delegate to the conference next following his election, and shall hold office until the next meeting convened in accordance with 'Part m in the electoral district for which he has been elected.
Substitute district delegates
11. In the event of any district delegate being prevented by absence, illness or other sufficient cause from fulfilling the duties of his office, a substitute district delegate may be appointed in his place either -
(a) by a meeting convened in accordance with Part III; or
(b) where there is another district delegate or where there are other district delegates for the electoral district, by the consent of such delegate or delegates:
Provided that nothing m this rule shall cause any electoral district not to be represented toy a delegate at the conference, and, in the event of no substitute delegate being appointed for any sufficient cause under .this rule, the district delegate who is prevented from attending the conference may, in his discretion, appoint a substitute delegate.
PART V - APPOINTMENT OF CHIEF DISTRICT DELEGATES
Appointment of chief district delegate.
12. (1) Where there is more than one district delegate for any Appointment electoral district, file district delegates of such district shall, by majority, appoint one of their number to be the chief district delegate, district
(2) Where there is only one district delegate in any electoral district, such delegate shall be the chief district delegate for such district.
Duties of the chief district delegate
13. The chief district delegates shall assist the Board with the dissemination of information among, and the collection of returns from, coffee planters in their respective districts, as the Board may from time to time require.
PART VI - CONVENING OF THE CONFERENCE
Annual conference.
14. The secretary of the Board shall with the agreement of the Annual Board, in each year convene a conference and shall notify the convening thereof by notice in the Coffee Board Bulletin and in at least one local newspaper at least sixty days before the date fixed therefor.
PART VII - ELECTION OF MEMBERS OF THE BOARD
Election of members of the Board.
15. The members of the Board referred to in paragraph (a), (b) Election of and (c) of subsection (1) of section 3 of the Act shall be elected by the conference in the manner provided for in this Part.
Candidates for election to the Board.
16. (1) Every candidate for am election to the Board shall lodge with the secretary of the Board, not less than thirty days before the election to date fixed for the conference, a nomination paper signed by not less than seven holders of a planter's licence in the electoral area which he seeks to represent:
Provided that where more than one planter is included in a single planter's licence only one of them shall be entitled to sign the nomination paper.
(2) In the case of candidates to represent co-operative societies and smallholders who are producers of coffee, not more than two of the number of holders of a planter's licence required to sign the nomination paper as provided in paragraph (1) shall be from one co-operative society.
Publication of candidates’ names.
17. The secretary of the Board shall, not less than fourteen days publication of before the date on which the conference is to be convened, publish candidates' the names of candidates together with the names of the nominators in the Coffee Board 'Bulletin and in at least one local newspaper.
Procedure after nomination.
18. If, after nomination -
(a) the number of nominated candidates does not exceed the procedure number of available vacancies, the nominated candidates shall be declared elected.
(b) the number of nominated candidates exceed the number of vacancies, an election shall be by ballot taken at the conference.
Voting.
19. (1) Each district delegate shall be entitled to one vote in respect of each vacancy.
(2) In the event of an equal number of votes being cast for two or more candidates, a further ballot shall be taken.
Election results.
20. The names of candidates declared elected under this Part shall constitute the panel of names to be submitted by the conference to the Minister for the purpose of subsection (2) of section 3 of the Act.
PART VIII - LICENSING ADVISORY COMMITTEE
Election of chairman of Advisory Committee.
21. The Chairman of the Advisory Committee appointed by the Board under paragraph (a) of subsection (1) of section 9 of the Act shall be elected by a majority vote of the Board after being proposed and seconded by members of the Board.
Election of members of Advisory committee.
22. (1) The three members to be appointed to the Advisory Committee by the Board under paragraph (&) of subsection (1) of section 9 of the Act shall be proposed and seconded by members of the Board, and shall toe declared elected by a majority vote of the members of the Board.
(2) The three members of the Advisory Committee to be elected under paragraph (b) of section 9 of the Act shall be proposed and seconded by full members of the Mild Coffee Trade Association of Eastern Africa, the Hard Coffee Trade Association of Eastern Africa, and shall .be declared elected by a majority vote of the members present and voting at a general meeting of the Associations.
PART XI - STANDING JOINT COMMITTEE AND ADVISORY PANEL
Election of members of Joint committee.
23. (1) The three members to be elected to the Standing Joint Committee by the Board under paragraph (b) of subsection (1) of section 10 of the Act shall be proposed and seconded by members of the Board, and shall be declared elected by a majority vote of the members of the Board.
(2) The three members to be elected to the Standing Joint Committee by the Mild Coffee Trade Association of Eastern Africa under paragraph (c) of subsection (1) of section 10 of the Act shall be proposed and seconded by full members of the Association, and shall be declared elected 'by majority vote of the members present and voting at a general meeting of the Association.
Election of members of Advisory Panel.
24. The members of the Advisory Panel to be elected by the Mild Coffee Trade Association of Eastern Africa under subsection (1) of section 11 of the Act shall be proposed and seconded by full members of the Association, and shall be declared elected by a majority vote of the members present and voting at a general meeting of the Association.
PART X - LICENCE, PULPING STATION LICENCES AND REGISTRATION OF DISTINGUISHING MARKS
Application for licences.
25. Every application for a planter's licence under section 17 or Application
for a pulping station licence under section 18 or for the registration for licence of a distinguishing mark under section 20 of the Act shall be made in the form set out in the Second Schedule.
Form of licence and certificate.
26. Every planter's licence, and every pulping station licence issued under section 18 of the Act, and every certificate of registration of a distinguishing mark under section 20 of the Act, shall be in the form set out in the Third Schedule.
Registering of distinguishing marks
27. The register of distinguishing marks under section 20 of the Register
Act shall be in the form set out in the Fourth Schedule, distinguishing
marks.
| |PART XI - REGISTRATION OF COFFEE MILLERS |
Register of millers.
28. Every application for registration as a coffee mater under section 19 of the Act shall be made in the form set out in the Fifth Schedule.
Register coffee millers.
29. The register of coffee millers kept in accordance with section 19 of the Act shall be in form set out in the Sixth Schedule.
Certificate of registration as a coffee miller.
30. Every certificate of registration as a coffee miller shall be in the form set out in the Seventh Schedule.
| |PART XII - DELIVERY OF COFFEE TO THE BOARD |
Delivery of coffee to the Board.
31. Delivery of coffee to the Board shall be effected by the delivery of cured coffee and buni (including hulled buni) to the Board or its authorized agents.
PART XIII - STATEMENT OF CUBED COFFEE DELIVERED TO THE BOARD
Statement of cured coffee.
32. The form set out in -the Eighth Schedule shall be the prescribed form for the purposes of section 24 (1) (a) of the Act.
PART XIV - PAYMENT BY THE BOARD AGAINST COFFEE DELIVERED BY THE PLANTERS
Payment by the Board.
33. (1) The Board shall, within fourteen days after the date of the classification make an initial payment to planters or their agents the against coffee which has been classified, at such rates as may be determined by the Board.
(2) The Board shall, from time to time, make further payments to planters or their agents at .the rates to be determined by the Board.
Advances to planters.
34. The Board may, in its discretion, make advances to planters or their agents against parchment coffee held for delivery to the order of the Board.
PART XV - APPEAL BOARD
Constitution of the Appeal Board.
35. (1) For the purpose of subsection (2) of section 25 of the Act, an Appeal Board shall 'be constituted for each appeal under that subsection as follows -
(a) one member appointed by the Board from a panel of not less than six names submitted by the Mild Coffee Trade Association of Eastern Africa;
(b) one member appointed by the appellant or his agent, from the same panel.
(2) One of the Board's liquorers shall be present when appeals are heard but shall not be entitled to vote.
Decision of Appeal Board.
36. The decision of the Appeal Board shall be final unless the members disagree, in which case the decision shall rest with a referee appointed by them from the members of the panel referred to in rule 35.
Fees.
37. A fee of one hundred shillings for one or two grades in one out-turn and fifty shillings for any additional grade shall be lodged with the Board together with a copy of die notice of appeal to the Appeal Board:
Provided that such fees shall be refunded to a successful appellant after the determination of the appeal.
PART XVI - SERVICE BY THE BOARD AND CHARGES
Agency.
38. (1) The Board may, in its discretion, undertake to act as an agent for a planter.
(2) The fee to be charged for the Board's services as an agent shall be one per cent of the payment for the out-turn.
(3) The fee specified in paragraph (1) shall be deducted at the time of payment.
PART XVII - RETURNS FROM PERSONS LICENSED UNDER
SECTION 14 OF THE ACT
Returns.
39. (1) The holder of a licence under section 14 of the Act shall submit a return of stocks to the Board at such times and in such manlier as the Board may from time to time require.
(2) Any person who contravenes the provisions of paragraph (1) shall be guilty of an offence.
PART XVIII - RETURNS FROM PERSONS LICENSED UNDER
SECTIONS 17 AND 18
Returns and Estimates
40. (1) The holder of a licence under section 17 or section 18 of the Act shall submit a return of stocks and an estimate of production to the Board in such a manner and at such times as the Board may from time to time require.
(2) Any person who contravenes the provisions of paragraph (1) shall be guilty of an offence.
PART XIX - GENERAL
41. Any person who is guilty of an offence under these Rules shall be liable to a fine sot exceeding one thousand and five hundred shillings.
FIRST SCHEDULE
(rr.3 and 9(2)
ELECTORAL AREAS AND ELECTORAL DISTRICTS
|Electoral |Electoral Districts |Number of District Delegate |
|1. Central Province |Kirinyaga (Co-operative) |2 |
| |Nyeri (Co-operative) |2 |
| |Muranga (Co-operative) |2 |
| |Kiambu (Co-operative) |2 |
| |Nyeri (plantation) |1 |
| |Upper Kiambu (plantation) |1 |
| |Lower Kiambu (plantation) |1 |
| |Kabete (plantation) |1 |
| |Thika (plantation) |1 |
| |Makuyu/Mitubiri/Donyo Sabuk (plantation) |1 |
| |Ruiru (plantation) | |
| | |1 |
|2. Eastern Province |North Meru (Co-operative) |1 |
| |Central Meru (Co-operative) |1 |
| |South Meru (Co-operative) |2 |
| |Embu (Co-operative) |2 |
| |Machakos/Kitui (Co-operative) |2 |
|3. Coast Province |Taita (Co-operative) |1 |
|4. Rift Valley Province |Baringo/West Pokot/Nandi (Cooperative) |1 |
| |Kajiado/Kericho (Co-operative) | |
| |Solai/Sabukia (plantation) |1 |
| |Kaimosi/Koru/Fort Ternan/Songhor/Lumbwa/Nandi |1 |
| |(plantation) |1 |
| |Trans-Nzoia (plantation) | |
| | | |
| | |1 |
|5. Nyanza Province |Kisii (Co-operative) |2 |
| |South Nyanza/Siaya/Kisumu (Co-operative) |1 |
|6. Western Province |Bungoma (Co-operative) |1 |
| |Kakamega (Co-operative) |1 |
SECOND SCHEDULE
(r. 25)
APPLICATION FOR A PLANTER’S LICENCE, A PULPING STATION LICENCE AND REGISTRATION OF A DISTINGUISHING MARK
To: The Secretary
The Coffee Board of Kenya,
P. O. Box 30566, Nairobi.
A-Particulars of Applicant
1. Name of Applicant …………………………………………………………………
(If the Applicant is a Co-operative Society, its Co-operative Society Registered Number should be given.)
2. Address ……………………………………………………………………………….
……………………………………………………………………………………………
……………………………………………………………………………………………
3. Name of Plantation (where applicable) ………………………………………………
……………………………………………………………………………………………
4. L.R. No. (s) or, in the case of a Co-operative Society, name of Administrative District
………………………………………………………………………………………..
B-Application for a Planter’s Licence
5. I/We hereby apply for a planter’s Licence for the year commencing 1st July, 19…, for –
(i) the maintenance of ……………………….. acres of coffee.
(ii) the planting of …………………….. acres of coffee.
C-Application for a Pulping Station Licence
6. I/We hereby apply for a Pulping Station Licence for the year commencing 1st July, 19…., in respect of –
(a) pulping station(s) to be operated/erected at –
|Situation |L.R. No. or District |
|(i) …………………………… |……………………………. |
|(ii) …………………………… |…………………………… |
|(iii) ………………………….. |……………………………. |
D-Application for Registration of a Distinguishing Mark
(To be completed only where the distinguishing mark is not already registered)
7. I/We hereby apply for registration of the following distinguishing mark: -
………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………
8. Remittance for Sh. 30, being the fee for a planter’s licence is enclosed/may be recovered through my/our agent. Mr. /Messrs.
………………………………………………………………………………………………
………………………………………………………………………………………………
Date …………………………….. Signed …………………………………
…………………………………….
(Applicant or his duly
authorized agent)
For Official Use
9. Recommendation of the Director:
…………………………………………………………………………………………….
…………………………………………………………………………………………….
Date …………………………….. Signed ……………………………………
Director of Agriculture
10. Decision of Board:
…………………………………………………………………………………………….
…………………………………………………………………………………………….
Date ………………………………. Signed …………………………………….
Coffee Board of Kenya
11. Planting Licence No. ………………………… issued ………………….
12. Pulping Station Licence No. ………………… issued …………………
13. Registration of Distinguishing Mark:
Certificate No. ……………………………….. issued …………………
THIRD SCHEDULE
(r, 26)
PLANTER'S LICENCE, PULPING STATION LICENCE, CERTIFICATE OF REGISTRATION OF DISTINGUISHING MARK AND NOTIFICATION OF COFFEE ELECTORAL DISTRICT
A. - Particulars of Licensee
1. Name ...................................................................................................
2. Address.............................................................................................
3. L.R. No. (s).......................................................................................
4. District.............................................................................................
5. Name of plantation (where applicable)..............................................
B. - Planter's Licence
6. The above-named is hereby licensed for a period of one year commencing 1st July, 19....... to –
(i) maintain ……………………………………………………
(ii) Plant.............................................................................................
acres of coffee on the above-mentioned L.R. No. (s) in the above District, subject to the terms and conditions set out overleaf.
Licence No. .............................................Year 19................................
Receipt is hereby acknowledged for Sh. 30 fee.
C. - Pulping Station Licence
7. The above-named is hereby licensed to erect/operate a coffee pulping station on the above-mentioned L.R. No. District.
D. - Certificate of Registration of Distinguishing Marks
It is hereby certified that the undermentioned distinguishing marks have been registered in respect of the above named -
Registration No. .....................................................................................
E. - Notification of Coffee Electoral District
9. It is hereby notified that the above-named has been registered in the............................................................ Coffee Electoral District.
Date..................................... Signed......................................................
Secretary
Coffee Board of Kenya
(Terms and Conditions)
FOURTH SCHEDULE
(r. 27)
FORM OF REGISTER OF DISTINGUISHING MARKS
|L.R. |Registration number |Name of plantation or |Name and address of owner|Acreage marks |
|number | |co-operative society |(where applicable) | |
| | | | | |
FIFTH SCHEDULE
(r.28)
APPLICATION FOR REGISTRATION AS A COFFEE MILLER
To: The Secretary,
The Coffee Board of Kenya,
P.O. Box 30566, Nairobi
1. Name of Applicant ..............................................................................
2. Postal address ......................
3. Address of premises at which is to be carried out
.................................................................................................................
.................................................................................................................
.................................................................................................................
4. I/We hereby certify that I/we have been issued with Coffee Millers Licence No. .................................................................. which is valid
until...................................... (date).
5. I/We hereby apply for registration as a coffee miller in accordance with the terms of section 19 of the Coffee Act.
Date........................................ Signed...............................................
(Applicant or his duly
authorized Agent)
SIXTH SCHEDULE
(r.29)
FORM OF REGISTER OF COFFEE MILLERS
|Registration number |Date |Name |Postal Address |Situation of milling |
| | | | |premises |
| | | | | |
SEVENTH SCHEDULE
(r. 30)
CERTIFICATE OF REGISTRATION AS A COFFEE MILLER
1. Name ...................................................................................................
2. Postal address......................................................................................
3. It is hereby certified that the above-named licensed coffee miller has been registered as a coffee miller in accordance with section 19 of the Coffee Act in respect of milling premises situated at
..................................................................................................................
..................................................................................................................
Registration No.........................................................................................
Date....................................... Signed.........................................
Secretary
Coffee Board of Kenya
EIGHTH SCHEDULE
(r. 32)
FORM OF OUT-TURN STATEMENT
1. Name of agent..............................................................................
2. Name of plantation or pulping station.............................................
3. Name of planter or society of planters..............................................
4. Out-turn No. ..................................................................................
5.Mark............................................................................................
6. Quantity of coffee in each grade.....................................................
..........................................................................................................
L.N.94/1962, L.N.119/1963, L.N.622//1963, L.N.339/1966
THE COFFEE CULTIVATION AND PROCESSING) RULES
PART I – PRELIMINARY
1. These Rules may be cited as the Coffee (Cultivation and Processing) Rates, and shall apply to all coffee growing in Kenya.
2. In these Roles, except where the context otherwise requires – “chairman” means the chairman of a co-operative society registered under the Co -operative Societies Act; [Cap.490]
“cherry” means complete undried coffee fruits;
“Director” includes any senior officer of the Ministry of Agriculture to whom the Director has delegated any of the powers or duties conferred or implied upon him by these Rules;
“nursery” means any land on which coffee is raised from seed or by vegetative propagation;
“occupier” means any person for the time being holding the cultivation rights of any area of land;
“parchment” means the endocarp of the coffee fruit.
PART II - GROWING OF COFFEE
Cap.21, Sub.Leg,
Cap 318
3. (1) It shall not be lawful to plant coffee except in those areas named in the first column of the Schedule (hereinafter referred to as the coffee growing areas), nor shall it be lawful, except with the approval in writing of the Director, to plant in those parts coffee of any varieties other than those specified in relation to those parts in the second column of the Schedule:
Provided that this rule shall not affect the right of any person to continue lo grow any coffee that was growing at the commencement of these Rules.
(2) If any coffee is planted in contravention of this rule the person who plants it shall be guilty of an offence and liable, in addition to any penalty imposed, to have the coffee uprooted and destroyed by an inspector, who shall for this purpose have free access to the land where such coffee is growing.
4. (1) The Board, in exercising powers granted to it under section 17 of die Act relating to the issue, cancellation or suspension of planter's licences, shall have regard to the extent to which provision will be made by the applicant for improving and maintaining the cultural conditions of the crop and the methods of its production, and in particular, but without prejudice to the generality of the foregoing, for planting (including the seed or seedlings used for planting), developing and maintaining a nursery or plantation to the satisfaction of the Board and, where necessary, for erecting and equipping a pulping station or other means for the preparation of coffee for marketing.
(2) The Board shall have power, after consultation with the Director, to attach to a planters licence such conditions as they may think fit lo impose with a view to improving the cultural conditions, including the establishment of a nursery, the methods of production and the quantity of any coffee grown by the licensee.
(3) If any coffee is grown in contravention of this rule or of any condition of a planter's licence, the person who so grows it shall be guilty of an offence and liable, in addition to any penalty imposed, to have the coffee uprooted and destroyed by an inspector, who shall for this purpose have free access to the land where such coffee is growing.
4A. (1) Where a planter's licence has been issued under section 17 (2) of the Act to a co-operative society, the secretary or the manager of the society, as the case may be, shall maintain a register of all members of the society to whom the conditions of the planter's licence apply; and such register shall show the number of coffee trees each member is authorized to maintain and any authorized alteration in the number of trees shall be entered therein.
(2) An inspector shall &l all times have full and free access to the register maintained by a co-operative society, and failure by the secretary or manager of a society satisfactorily to maintain a register shall be an offence.
(3) Any person planting or maintaining coffee trees other than those authorized in the register of the co-operative society shall be guilty of an offence and liable, in addition to any penalty imposed, to have such coffee uprooted and destroyed by an inspector, who shall for this purpose have free access to the land where such coffee is growing.
5. An inspector shall at all times, after giving notice to the planter concerned, haw full and free access to the coffee growing areas for the purpose of searching for diseases and pests, investigating the method of cultivation and ascertaining whether any person is contravening these Rules, and he may remove samples of soil and parts of coffee plants from the coffee growing areas' for the purpose of research or investigation.
6. An inspector shall at all times have full and free access to any land other than the coffee growing areas, for the purpose of ascertaining whether any coffee tree is being grown therein.
7. (1) Whenever it appears to an inspector that any coffee tree in the coffee growing areas' is infested with any pest or disease to an extent endangering neighboring plantations, or likely to affect seriously the quality of the coffee produced thereon, he may -
(a) if such land is occupied, in writing order the occupier thereof to take any such action with regard to any coffee tree thereon as he may consider necessary or advisable to treat, uproot or destroy such tree in order to control or eradicate any such pest or disease; or
(b) if such land is unoccupied, or appears after investigation to be unoccupied, treat or destroy any or all of the coffee trees thereon in such manner as may seem to him necessary or advisable after having first obtained the permission of the local District Agricultural Committee.
(2) Whenever it appears to an inspector that any land in the coffee growing areas upon which coffee has been planted is, by reason of soil erosion or any other form of neglect, in such a
condition as seriously lo affect the quality of the coffee produced thereon, he may -
(a) if such land is occupied, in writing order the occupier to take any reasonable action which may be necessary by mulching, manuring or similar means to restore the fertility of the soil or the condition of the trees;
(b) if such land is unoccupied, take such action as. he may consider necessary or advisable, after having first obtained the permission of the local District Agricultural Committee to restore fertility of the soil or the condition of the trees, or recommend to the Board the cancellation of the planter's
licence concerned.
(3) Any person who contravenes any order made under this rule shall be guilty of an offence and liable, in addition to any penalty imposed, to have such treatment, uprooting or destruction carried out or caused to be carried out to any coffee tree by an inspector, in such manner as the inspector may consider necessary or advisable in accordance with any written order issued under this rule.
(4) For the purposes of paragraph (3), an inspector shall have free access to the land where such coffee is growing, and any treatment, uprooting or destruction carried out under that paragraph shall be at the expense of the occupier.
8. (1) Whenever under the powers conferred by rule 7 an inspector orders an occupier to do any of the things specified therein with regard to land or any coffee tree thereon, he shall specify such period as may seem to him reasonable within which such action shall be completed.
(2) (Deleted by L.N. 339/1966).
(3) Service of any such order may be effected by sending it by registered letter to the occupier, requiring him to acknowledge receipt within a specified period, or by sending it in writing to the chairman of the co-operative society, of the district in which the plantation or nursery is situated, and the chairman shall give a receipt to the inspector therefor and shall communicate the order to the occupier within a period specified by the inspector, and if the chairman fails to communicate the order within the time specified therein he shall report such failure !o the inspector, or may be effected by an inspector personally, or in the manner prescribed in the Civil Procedure Rules.
(4) Any person aggrieved by an order of an inspector under paragraph (1) or paragraph (2) of rule 7 may, within thirty days after being served with the order, appeal to the Agricultural Appeals Tribunal established under Part XV of the Agriculture Act, and the provisions of that Part shall, mutatis mutandis, apply in relation to every such appeal.
(5) Any person who fails to comply with any order served on him under this rule shall be guilty of an offence.
PART III - PULPING OF COFFEE
9. (1) Toe Board, in exercising powers conferred on it by section 18 of the Act relating to the issue of pulping station licences, shall -
(a) normally restrict the issue of such licences to plantations of ten acres or more of planted coffee, but, in the case of licences in respect of plantations of less than ten acres issued before the commencement of these Rules, such licences shall be renewable annually for a period of five years from that date and thereafter the applicant must either -
(i) have joined a co-operative society; or
(ii) have joined with others in forming a company; or
(iii) have executed a contract of sale of cherry to a licensed processor, to the satisfaction of the Board and subject to its approval:
Provided that nothing in this subparagraph shall prevent the Board, at its discretion, from issuing a licence to a plantation of less than ten acres under the above terms;
(b) have regard to the extent to which provision will be made by the applicant for adequate facilities for the efficient operation of a pulping station and, in particular but without prejudice to the generality of the foregoing, for the provision of a permanent supply of clean running water, the use of efficient motorized pulping machinery, the construction of fermenting tanks and grading channels of permanent materials and the provision of adequate drying facilities;
(c) no construction of a pulping station shall be commenced without the prior approval in writing to the grant of a licence by the Board.
(2) Any person who pulps his or anyone else's coffee by any method other than through a licensed pulping null shall be guilty of an offence; and, on the conviction of any person for an offence under this rule, the court may, in addition to any penalty, order the forfeiture of any coffee or processing apparatus or machinery which is the subject of the prosecution.
PART IV - PURCHASE AND MANUFACTURE OF COFFEE
Cap.318,
Cap.513
10. An inspector may, at all reasonable times and after advising the owner concerned, enter any pulping station and inspect the buildings and machinery used in connexion therewith and the coffee at all stages of processing and storage.
10A. (1) Whenever it appears to an inspector that the facilities of a pulping station are inadequate in any respect in such a way as to be likely to affect the quality of the coffee produced, he may in writing order the manager or owner thereof to take such action as he deems necessary to bring such facilities to a standard that does not adversely affect the quality of the coffee.
(2) Whenever, under the powers conferred by this rule, an inspector orders an owner or manager to carry out any of the things specified therein, he shall specify such period as may seem to him reasonable within which such action is to be completed.
(3) Any person aggrieved by an order of an inspector under this rule may. within 30 days after being served with the order, appeal to the Agricultural Appeals Tribunal established under Part XV of the Agriculture Act, and that Part shall apply mutatis mutandis in relation to every such appeal.
(4) Any person who fails to comply with any order served on him under this rule shall be guilty of an offence.
11. (1) Every owner or manager of a pulping station shall maintain such crop records and submit such returns as may from time to time be required and under such conditions as may be laid down by the Board in consultation with the Director.
(2) Every owner or manager shall, if deemed necessary by the Board, in install one or more weighing machines of pattern which would be lawful for use by way of trade in accordance with the Weights and Measures Act, and such instruments shall be subject to verification, stamping inspection and rejection by Inspectors of Weights and Measures in a like manner as if they were in fact in such use.
12. (1) No person shall convey or cause to be conveyed any coffee which is infested with any insect pest from a pulping station except to a warehouse situated in the same district or, with the consent of the Director, to a warehouse situated in an adjoining district, unless it has been treated for the destruction of such pest, to the satisfaction of an inspector.
(2) Any person who contravenes the provisions of paragraph (1) shall be guilty of an offence and liable to a fine not exceeding one thousand shillings.
13. (1) If any coffee is found in a warehouse to be infested with any insect pest, the keeper of such warehouse shall forthwith notify the Director of -the tad, and shall state the name of the pulping station from which such coffee was delivered.
(2) Any person who contravenes the provisions of paragraph (1) shall be guilty of an offence and liable to a fine not exceeding five hundred shillings.
14. (1) If any coffee is found to be infested with any insect pest in a warehouse, the keeper of such warehouse shall cause such infested coffee, together with the bags containing it and any other coffee directly in contact with it, to be immediately and effectively treated for the destruction of living larvae, pupae and eggs as the case may be to the satisfaction of an inspector.
(2) Any person who contravenes the provisions of paragraph (1) shall be guilty of an offence and liable to a fine not exceeding one thousand shillings.
15. (1) No person shall convey or cause to be conveyed any coffee from a pulping station or other place of storage except in clean bags of good quality.
(2) Any person who contravenes the provisions of paragraph (1) shall be guilty of an offence and liable to a fine not exceeding five hundred shillings.
16. (1) No person shall despatch bags of coffee from a pulping station unless they have teen marked with such distinguishing mark or marks as may be required by the Board under section 20 of the Act, and no person shall deliver coffee to the Board except under such mark or marks.
(2) Any person who contravenes the provisions of paragraph (1) shall be guilty of an offence and liable to a fine not exceeding five hundred shillings-
PART V - GENERAL
17. No planter's licence or coffee pulping station licence shall be transferable except with the consent in writing of the Board.
18. Any person who is guilty of an offence under these Rules for which no special penalty is provided by These Rules shall be liable to a fine not exceeding five thousand shillings or to imprisonment for a term not exceeding six months, or to both such fine and such imprisonment.
19. On conviction of a person for an offence under these Rules, the court may. in addition to any other penalty, order the forfeiture of any coffee; coffee tree, pulping, milling or processing apparatus or machinery which is the subject of the prosecution.
SCHEDULE
(r.3)
|First Column |Second Column |
|PART A- |Coffee arabica |
| | |
|The Kangundu location of the Machakos District between the 4,900 ft. and 6,000 ft. contour| |
|lines.. .. . .. .. .. .. .. .. .. .. | |
| | |
|That part of the Matungulu location of the Machakos District between the 4.900 ft- and | |
|6,000 ft. contour lines.. .. .. .. .. | |
| | |
|That part of the Mitabooni location of the Machakos District between the 5.000 ft. and | |
|6.000 ft. contour lines.. .. .. ... | |
| | |
|That part of the Iveti. Mbooni, Mukaa and Kilungu locations of the Machakos District | |
|between the 5,200 ft. and 6,200 ft, contour lines.. .. .. .. .. .. .. .. .. .. .. .. .. | |
|.... .. .. .. .. .. .. . | |
| | |
|That part of the Kilimakimwe sub-location of the Mputi location of the Machakos District | |
|above the 5,200 ft. contour line.. | |
| | |
|That part of the Mutungoni location of the Kitui District above the 4-000 ft. contour | |
|line.. .. .. .. .. .. .. .. .. .. .. .. .. .. .. | |
| | |
|That part of the Kajiado District in the Ngong area adjacent to the Kiambu District and | |
|above the 6,000 ft. contour line of the Ololua and Embakasi Forest. Reserves and north of | |
|the Nairobi-Magadi Road C.307/2 and east of the Ngong Circular Road C.313, as shown on Map| |
|GSGS 4786 sheet 148/111 .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. | |
| | |
|That part of the Machakos District between the 5,000 ft. and 6,000 ft. contours in the | |
|area south-east of the Mua Hills and east of the main Nairobi-Mombasa road.. .. .. | |
| | |
|That part of the Kajiado District near Oloitokitok enclosed by the Kenya/Tanganyika | |
|boundary line and elsewhere by the 4,500 ft. contour line..... .. .. .. .. .. .. .. .. .. | |
|.. .. .. .. | |
| | |
|That part of the Machakos District lying north of the Mua Hills and bounded by the Lukenya| |
|road and the boundary of the Mitaboni location.. .. .. .. .. .. .. .. .. .. .. .. .. .. | |
| | |
|The Kiambu District east of the longitudinal grid line HZH 990 as defined on Map No. | |
|GSGS.4786, Sheet No. 148/1 | |
| | |
|The Murang'a District except that part which lies east of a line commencing at the | |
|intersection of the District boundary with the Maragua River, thence following Road C167/2| |
|to Murang'a Township, thence along the western boundary of Murang'a Township to its | |
|intersection with Road C.1030 thence following roads C.1030 and C.I 031 to the | |
|Nyeri-Murang'a District boundary line as shown on Map No | |
|GSGS.135/1 | |
| | |
|That part of the South Nyeri District west and north of a line drawn from HZR.527,318 on | |
|the Nyeri-Murang'a District boundary line to Mweru village at HZR.554334, thence to the | |
|Nyeri-Embu district boundary line at HZR.607380 Map No. GSGS.4786, Sheets 121/III, 134/II | |
|and 135/I.. | |
| | |
|Those parts of the Ndia, Gichugu and Embu Divisions of the Embu District above the 4,500 | |
|ft. contour line as denned on Map No. GSGS.4786, Sheets 121/III, 121/IV, 122/III, 135/I my| |
|135/II, not including in the next following paragraph.. | |
| | |
|That part of the Embu District commencing at HZR.629346, where a tributary joins the | |
|Sagana River, thence by a straight line to the posho mill on the Rapati River at HZR. | |
|654,350 thence to the intersection of the Mwerua-Kiine-location boundary line and the | |
|Kanyariri River at HZR.696,389, thence to a road junction south of the Kibiriguri River at| |
|HZR.648413 and thence to HZR.607380 on the Nyeri-Embu district boundary line, and thence | |
|by the Nyeri-Embu boundary line to HZR.629346 as shown on Kenya Map GSGS.4786, Sheets | |
|135/I and 135/II .. | |
| | |
|That part of the Meru District which lies above the 4,000 ft. contour line and south and | |
|east of the Upper and Lower | Imenti Forest Reserves, the Kiega Forest Reserve and the | |
|Nyambeni Forest Reserve as shown on Map No. GSGS 4786, Sheets 108/11, 108/III, 108/IV, | |
|122/1, 122/11, 122/III and 122/IV The Maua, Akachiu, Muthara and Kianjal locations of the | |
|Meru District above the 4,000 ft. contour line, north of the grid line HAD 14 and east of | |
|the grid line HAD 31 as defined on Map No. GSGS 4786, Sheets 108/11, 108/III and 108/IV | |
| | |
|That part of the North Nyeri District which lies south of the grid line 640 as defined on | |
|Map No. GSGS 4786 Sheets 120/ffl, 120/IV and 121/III, between the Aberdare and Mount Kenya| |
|Forests.. .. .. .. .. .. | |
|That part of the Thika District which is bounded by the line commencing from the point | |
|HZJ.734655 on the Machakos-Thika district boundary and following that boundary to point | |
|HZJ 970739, thence in a straight line to the Tana River at HZR.870057, thence following | |
|the Embu-Thika district boundary until it meets with the Murang'a-Thika district boundary,| |
|thence following the Murang'a-Thika, district boundary until it meets with the | |
|Kiambu-Thika, district boundary, thence following the Kiambu-Thika, district boundary to | |
|the point HZJ.296770, where it meets the Nairobi Area boundary, thence following the | |
|Nairobi-Thika district boundary to its intersection by the Nairobi-Thika railway line | |
|where it crosses the Kamiti River, thence in a straight tine to the Koma Rock, thence | |
|following the Machakos-Thika district boundary to the point HZJ 734655 as shown on Map No.| |
|GSGS 4786 Sheets 135/III, 135/TV, 148/II, 149/I and 149/II.. | |
| | |
|The Nairobi Area and City of Nairobi.. | |
| | |
|That part of the South Nyanza and Kisii Districts north of the Migori River which lies | |
|between the 4,800 ft. and 6,400 ft. contour lines | |
| | |
|That part of the Butende and Bukuria locations of the Kisii District between the 5,400 ft.| |
|and 6,000 ft. contour lines.. | |
| | |
|That part of the Kericho District between the 4,500 ft. and 6,500 ft. contour lines .. | |
| | |
|The Isuklia, Idakho, Tiriki, Nyangori, Maragoli, Bunyore, Kisa, Butsotso, Bunyala and | |
|Kabras locations of the North Nyanza District .. | |
| | |
|The South Marama location of the North Nyanza District east of the Mumias-Yala Road | |
| | |
|That part of the Elgon Nyanza District lying to the north of the Nzoia River at | |
|GAF.576681, thence following the railway line as far as Broderick Falls, thence following | |
|the road from Broderick Falls to Kituni, thence following the foot-path to where it | |
|crosses the Kuywa River, thence up the Kuywa River to its intersection with the | |
|Kimilili-Chwele Road, thence along that road through Chwele to Sirisia, Luandanyi School, | |
|thence down the Namewanga River to the Tisi River, thence down the Tisi River to the | |
|Luakhakha River as shown on the Map GSGS. 4786. Sheets 87/II, 88/I, 88/ni and 88/IV.. | |
| | |
|The Malanga, Luanda, Lundha, Kararim, Nyanminia Marenyo, Uranga, Sirembi and Umuri | |
|sub-locations of the North Gem location of the Central Nyanza District. The Kague | |
|sub-locations of the South Gem location of the Central Nyanza District.. | |
| | |
|Those parts of the Kisumu and Kaiulu locations of the Central Nyanza District above the | |
|4,700 ft. contour line | |
| | |
|That part of the Nyakatch location of the Central Nyanza District known as the Nyanonde | |
|Plateau above the 4,800 ft. contour line | |
| | |
|Marsabit Township.. .. .. :. | |
| | |
|The Tugen Hills area of the Baringo District above the 6,000 ft. contour line.. .. .. .. | |
|.. .. .. .. .. .. | |
| | |
|The Lembus Forest Settlement area of the Baringo District the Nandi District.. | |
| | |
|That part of the Mnagei location of the "West" Pokot "District above the 6,200 ft. contour| |
|line | |
| | |
|That part of the Trans-Nzoia District south of the grid line GAm.360 as shown on Map | |
|series Nos. SKII (Y731) Sheets 74/IV and 75/III | |
| | |
|That part of the Uasin Gishu District below the 6,500 ft. contour | |
|line | |
| | |
|Those areas between the 5,800 ft. and 7,400 ft. contour lines in the Njoro, Rongai, Ravine| |
|and Nakuru East Rural Districts and the Turi EIburgon Ward of the County of Nakuru | |
| | |
|The Municipality of Nakuru | |
| | |
|That part of the Nyahururu District which lies within the area defined by a line | |
|commencing at the point HAB.650500 and running due east to the point HAB.700500, thence in| |
|a straight line to the point HAB-678412, thence following the western boundary of the | |
|Lariat Forest Reserve to the Point HAB.701344, thence in a straight line to the point HAB.| |
|693310,thence following the northern and western boundaries of the Marmanet Forest Reserve| |
|to its intersection by the grid line 280, thence westwards along the grid line 280 to its | |
|intersection by the grid line 650, thence due north to the original point HAB.650500 .. | |
| | |
|That part of the Taita District situated in the Taita Hills above the 4.100 ft. contour | |
|line | |
|PART B - |Coffee arabica |
|Those parts of the Busamia, Seme and Kisumu locations of the Central Nyanza District | |
|between the 4,000 ft. and 4 700 ft contour lines ...... | |
| | |
|The North Ugenya, South Ugenya and Alego locations of the Central Nyanza District | |
| | |
|The North Wanga, Mukulu, North Marama and South Wanga |locations of the North Nyanza | |
|District | |
| | |
|The South Marama location of the North Nyanza District west of the Mumias-Yala Road | |
| | |
|The South Teso, Bukhayo and Marach locations of the Elgon Nyanza District | |
L.N.247/1964, L.N.381/1964, L.N.171/1967, L.N.23/1979
THE COFFEE (EXPORT CONTROL) RULES
1. These Rules may be cited as the; Coffee (Export Control) Rules.
2. In these Rules, except where the context otherwise requires -
“certificate of origin” and “certificate of re-export” mean certificates of those names the forms of which are currently prescribed by the International Coffee Organization, 22 Berners Street, London WIP 4DD, England;
“certificate of purchase” means a certificate of purchase issued under rule 9 or rule 10;
“certifying agency” means an agency for issuing certificates of origin chosen in accordance with Article 44 (1) of the International Coffee Agreement, and specified in the Second Schedule;
“licensed dealer” means the holder of a valid licence issued under section 13 of the Act
3. No person shall export or cause to be exported any coffee through the port of Mombasa unless either a certificate of origin or a certificate of re-export, as may be appropriate, relating to such coffee is produced to the Commissioner of Customs and Excise before export
4. No coffee grown outside Kenya shall enter Kenya in transit for export unless accompanied by a certificate of origin.
5. No coffee imported into Kenya shall be subsequently exported in any condition or quantity other than that in which it was imported into Kenya, except with a certificate of re-export.
6. Certificates of origin for coffee produced outside Kenya shall be valid only if issued by the certifying agency of the relevant country and endorsed and completed at Mombasa by General Superintendence Company (E.A.) Limited, Mombasa.
7. Certificates of origin for coffee grown in Kenya, and certificates of re-export for coffee grown outside Kenya but re-exported from Kenya, shall only be issued by the Board:
Provided that the Board may appoint agents for the purpose of issuing certificates of origin and certificates of re-export under these Rules, subject to such terms and conditions as it may think necessary.
8. (1) Every licensed dealer shall, when required by the Board in writing, submit to the Board in duplicate a return of the total stock of coffee held by such licensed dealer.
(2) The Board may, upon receipt of returns under paragraph (1) and upon such inquiry or investigation as it may think necessary issue to the applicant a stock certificate relating to such quantity of coffee and in such form and containing such details as it may think
9. The Board shall, after every sale by it of coffee, issue to the purchaser a certificate of purchase in such form and containing such details of the coffee purchased as it may think necessary.
10. Every licenced dealer who either purchases coffee from or sells coffee to another licensed dealer shall, within fourteen days of such sale or purchase -
(a) in the case of a purchaser, notify the Board of such purchase, and the Board may, after securing such information and documents as it may consider necessary for the due discharging of its duties, issue to the purchaser a certificate of purchase in such form and containing such details as the Board thinks necessary;
(b) in the case of a seller, give notice of the sale to the Board, and present or cause to be presented to the Board all relevant certificates of origin, and all stock and purchase certificates for surrender to, or alteration or endorsement by, the Board, as the case may be-
11. (1) Every licensed dealer who sells coffee for consumption in Kenya, shall, when required in writing by the Board, submit, within a month a return thereof to the Board, containing such details as the Board may require.
(2) Every licensed dealer who sells coffee for consumption in Kenya shall, when required in writing by the Board, submit, within fourteen days of the receipt of such written request, a report containing any details relating to such sale of coffee and any other information required by the Board.
(3) Any licensed dealer who submits any return or information to the Board which is false in a material particular shall be guilty of a contravention of these Rules.
12. No person shall, without permission in writing from the Board, alter any certificate of origin or any certificate of re-export or any purchase or stock certificate.
13. Every licensed dealer shall submit to the Board one copy of a certificate of origin or a certificate of re-export, as the case may be, stamped by the Commissioner of Customs and Excise, together with a non-negotiable bill of lading relating to any coffee in respect of which the certificate of origin or certificate of re-export, as the case may be, was issued, within fourteen days of the export of that coffee.
14. Nothing in these Rules shall apply to the export or dispatch of any coffee when such coffee is -
(a) for consumption on ships, aeroplanes or other international carriers;
(b) a sample or a parcel not exceeding 60 kg. in weight.
15. Any person who contravenes these Rules shall be guilty of an offence and liable to a fine not exceeding two thousand shillings or to imprisonment for a term not exceeding two months, or to both such fine and such imprisonment
L.N.380/1964, L.N.22/1979
THE COFFEE (MOVEMENT CONTROL) RULES
1. These Rules may be cited as the Coffee (Movement Control) Rules.
2. In these Rules, except where the context otherwise requires -
“coffee” means clean coffee, parchment coffee and buni, but not the coffee fruit or cherry which has not been dried, roasted berries or ground berries;
“move” in relation to coffee, means carry or move coffee by head load, parcel, pack-animal, vehicle, train or vessel, or by any other means whatsoever.
3. (1) Subject to paragraph (2), no person shall move any coffee, except under the authority of and in accordance with a written permit issued by the Board, or by some person authorized in writing by the Board for that purpose (whether such person is named in such authorization, or is specified by reference to his office or to his duties or his functions in any particular case).
(2) Paragraph (1) shall not apply to the movement of samples to, and addressed to, the Coffee Board of Kenya, P.O. Box 30566.Nairobi, or to the Kenya Plantation Co-operative Union Limited P.O. Box 72309, Nairobi, or to Endebess Estates Limited PO Box 2037, Endebess, via Kitale.
4. Every person moving coffee shall carry with such coffee a written permit issued under these Rules, and shall produce such permit on request to any police officer or to any inspector:
Provided that, where coffee is being moved by a train operated by Kenya Railways, the permit issued in respect of such coffee shall be handed to the station-master at the station where the coffee is loaded on to the train and shall be retained by such station-master.
5. No person shall move any coffee between the hours of half-past six o clock in the evening and half-past six o'clock in the morning, except by a train operated by Kenya Railways.
6. Any person who contravenes these Rules shall be guilty of an offence and liable to a fine not exceeding two thousand shillings or to imprisonment for a term not exceeding two months, or to both such fine and such imprisonment.
................
................
In order to avoid copyright disputes, this page is only a partial summary.
To fulfill the demand for quickly locating and searching documents.
It is intelligent file search solution for home and business.
Related searches
- 333 informative speech topics
- the color of law chapter 1 summary
- angel number 333 sacred scribes
- seeing 222 and 333 meaning
- i keep seeing 333 everywhere
- 333 meaning spiritual
- numerology 333 meaning
- what does 333 in angel numbers mean
- spiritual meaning of 333 joanne
- what does the number 333 means
- meaning of 333 spiritual path
- spiritual meaning of 333 bible