The Plant Protection Bill, 2025
Status Timeline
Proposed
Active now
Public Review
Pending
Debate
Pending
Executive
Pending
Final
Pending
Strict Licensing Controls for Plant Importers and Exporters
Establishes a mandatory registration regime requiring KEPHIS to maintain distinct registers of all plant importers (Clause 19) and exporters (Clause 22). No person may import plants or plant products without a valid plant import permit (Clause 17) or biological import permit (Clause 18) issued under prescribed rules.
Up to KSh 2 Million Fine for Import Violations and Pest Introduction
Imposes strict penalties for agricultural security breaches. Under Clauses 17, 21, and 25, importing plants without a permit, failing to declare plant consignments upon arrival, or illegally introducing plant pests or noxious weeds carries a fine of up to KSh 2 million, imprisonment for up to one year, or both.
National and County Emergency Response Committees Established
Creates institutional structures to coordinate emergency pest containment. This includes the National Plant Health Emergency Response Committee (Clause 44) for national strategic response, and permits County Governments to establish localized County Plant Health Emergency Response Committees (Clause 45).
Mandatory Clearance of Declared Noxious and Invasive Weeds
Places clear responsibilities on land occupiers and managers to report and clear any weeds declared noxious or invasive by the Cabinet Secretary (Clauses 48 and 49). Failure to clear weeds allows authorized county officers to enter land and eradicate them at the occupier's cost (Clause 50).
Bill No.
National Assembly Bills No. 28 of 2025
Gazette No.
Supplement No. 98
Sponsor
Kimani Ichung'wah
Background
The Plant Protection Bill, 2025 addresses the critical need to safeguard Kenya’s agricultural sector and biodiversity from devastating pests, diseases, and invasive species. Seeking to replace the outdated Plant Protection Act (Cap. 324), the Bill establishes a comprehensive regulatory and institutional framework. This updated regime aligns Kenya's national phytosanitary measures with international agreements, including the International Plant Protection Convention, and clearly delineates responsibilities between the National Government and County Governments.
Key Amendments
- National Plant Protection Organization Designation: Designates the Kenya Plant Health Inspectorate Service (KEPHIS), established under the Kenya Plant Health Inspectorate Service Act (Cap. 349), as Kenya's official National Plant Protection Organization (Clause 8).
- Technical Committee on Biological Articles: Establishes the Kenya Technical Committee on Biological Articles and Control Agents (Clause 11) to coordinate risk assessments for the import, export, and use of biological articles.
- Border Surveillance and Transit Monitoring: Mandates KEPHIS to periodically conduct border surveillance to monitor unauthorized movement of plants (Clause 38) and assess phytosanitary risks for consignments in transit or transshipment (Clause 41).
New Obligations
- Declaration of Consignments: Every person, including courier service operators, arriving in Kenya with plant material must declare it to KEPHIS at designated entry points (Clause 21).
- Pest Reporting: Occupiers or owners of land who suspect the presence of an unknown pest must immediately notify authorized officers and take reasonable steps to prevent its spread (Clause 33).
- Biological Article Registration: Any person seeking to locally produce, import, or offer for sale formulated biological articles for commercialization must register with the Service (Clause 60).
- Pest Control Use: Prescribes that pest control products used for phytosanitary risks must align with the Pest Control Products Act (Cap. 346) (Clause 72).
Penalties
- Unpermitted Imports and Pest Introductions (Clauses 17, 21, and 25): Subject to a fine not exceeding KSh 2 million, imprisonment for up to one year, or both.
- Falsifying Certificates or Outbreak Data (Clauses 23 and 32): Altering a phytosanitary certificate or publishing false or misleading information regarding pest outbreaks carries a fine not exceeding KSh 2 million, imprisonment for up to one year, or both.
- Obstructing Inspectors (Clause 65): Obstructing or failing to produce documents to a plant health inspector carries a fine of up to KSh 1 million, imprisonment for up to six months, or both.
- Unregistered Biological Production (Clause 60): Engaging in unauthorized biological article production or commercialization is punishable by a fine not exceeding KSh 1 million, imprisonment up to six months, or both.
- General Penalty (Clause 68): Any offense under the Act without a specified penalty carries a fine of up to KSh 250,000, imprisonment up to six months, or both.
Transitional Provisions
- Repeal of Cap. 324: The Plant Protection Act (Cap. 324) is formally repealed (Clause 75).
- Savings: Any action undertaken, statutory instrument issued, or license granted under the repealed Act remains in force until specifically revoked or transitioned under the new Act. All existing contractual obligations are preserved (Clause 75).
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