THE PREVENTION OF LIVESTOCK AND PRODUCE THEFT BILL, 2023
Status Timeline
Proposed
Done · 16 Sep 2026
Public Review
Done
Debate
Active now
Executive
Pending
Final
Pending
Mandatory Livestock Branding Under County Registries
Every livestock owner must register a unique brand with their respective County Executive Committee Member (Section 6). Livestock must be branded before reaching six months of age (Section 11). Failing to register a brand, failing to brand livestock, or using unregistered brands constitutes an offence carrying a fine of up to KSh 100,000, imprisonment for up to one year, or both (Section 17).
Strict Permits and Night Bans on Livestock Movement
Transporting livestock requires a removal permit issued in triplicate by an inspector detailing the owner, brands, destination, and vehicle details (Section 13). To combat overnight theft, conveying or selling livestock or produce between 6:30 p.m. and 6:00 a.m. is prohibited. Violators of this night ban face a fine of up to KSh 800,000, imprisonment for up to twelve months, or both (Section 23).
Up to Life Imprisonment for Stock Theft and Violence
The Bill dramatically raises penalties for theft. Stealing livestock carries a minimum prison term of twenty years (Section 19(1)). If the theft involves the use of weapons, violence, or threats of violence, the offender faces life imprisonment (Section 19(2)). Additionally, trespassing on enclosed land with intent to steal livestock is punishable by up to seven years in prison and a fine of up to KSh 500,000 (Section 20).
Forfeiture of Proceeds Derived from Livestock Theft
Law enforcement officers can apply to the court for search, seizure, and forfeiture orders targeting assets derived from or attributable to livestock theft (Section 29). This allows courts to compel banks and financial institutions to surrender account information and prohibit transactions involving assets suspected to be proceeds of stock theft.
Bill No.
Bill No. 12 of 2023
Gazette No.
Supplement No. 40 of 2023
Background
The Prevention of Livestock and Produce Theft Bill, 2023 addresses the persistent threat of stock theft to security and economic stability in Kenya, particularly among pastoralist and livestock-keeping communities. By modernizing regulatory systems, the Bill repeals outdated statutes—specifically the Branding of Stock Act (Cap. 357) and the Stock and Produce Theft Act (Cap. 355)—and integrates county governments into the administration of livestock identification and movement control.
Key Amendments
- Repeal of Legacy Acts: Repeals the Branding of Stock Act (Cap. 357) and the Stock and Produce Theft Act (Cap. 355) (Sections 38 and 39).
- Penal Code Amendment: Amends the Penal Code (Cap. 63) by repealing section 278, consolidating stock theft laws under this new Act (Section 37).
- Intergovernmental Collaboration: Distributes responsibilities between the national Ministry (responsible for national policy, data systems, and disarmament) and County Governments (responsible for branding registers and local enforcement) (Sections 4 and 5).
New Obligations
- Mandatory Branding: Livestock owners must apply for and register a unique brand through their county government (Section 6). Owners must brand livestock before they reach six months of age (Section 11(1)).
- Removal Permits: Any person transporting livestock from their ordinary premises must obtain a removal permit from an inspector (Section 13(1)). Inspectors are prohibited from issuing permits if livestock is being moved from or to an area declared to be infected by a notifiable disease (Section 13(3)).
- Abattoir Record-Keeping: Owners of abattoirs must keep detailed books and records of every slaughtered animal and carcass for a minimum of three months. These records must include the brands, description of livestock, delivery date, owner details, and delivery person details (Section 15).
- County Inspectors: County executive committee members must designate ward-level inspectors to coordinate enforcement, issue permits, and facilitate citizen participation (Section 16).
Penalties
- Livestock Theft: Imprisonment for not less than twenty years (Section 19(1)), rising to life imprisonment if weapons or violence are used (Section 19(2)).
- Tampering with Brands: Altering, defacing, or assisting in the alteration of identification brands or ear marks carries a fine of up to KSh 1 million, up to three years in prison, or both (Section 22).
- Illegal Movement: Violating the 6:30 p.m. to 6:00 a.m. movement ban carries a fine of up to KSh 800,000, up to twelve months in prison, or both (Section 23).
- Trespass with Intent to Steal: Entering enclosed land with intent to steal livestock carries up to seven years in prison, a fine of up to KSh 500,000, or both (Section 20).
- General Penalty: For contraventions without a specific penalty, the Bill prescribes up to five years in prison or a KSh 1 million fine for felonies, and up to two years in prison or a KSh 500,000 fine for misdemeanours (Section 34).
Transitional Provisions
- Existing Livestock: Owners of livestock that are older than six months at the time the Act commences are given a transitional period of three months to brand their animals in compliance with the new requirements (Section 11(2)).
Gazettement
The Prevention of Livestock and Produce Theft Bill, 2023 was published on 31 March 2023.
Bi-cameral Consideration
A message regarding the Bill was received from the Senate on 11 April 2024.
First Reading
The Bill was read a First Time in the National Assembly on 16 April 2024.
Second Reading
The Bill was debated at the Second Reading stage on 15, 22, and 29 April 2026.