The Agricultural Professionals Registration and Licensing Bill, 2024
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Creation of the Agricultural Professionals Board
Establishes the Agricultural Professionals Registration and Licensing Board under Section 3. The Board's duties include:
- Registering and issuing practice certificates to qualified professionals, organizations, and institutions.
- Setting annual levies and enforcing a professional code of conduct.
- Deregistering individuals or institutions involved in unprofessional practices.
Mandatory Registration and Licensing for Private Practice
Under Section 21, no person may engage in private agricultural practice unless they are registered and hold a valid practicing certificate and annual license.
To qualify for registration, an applicant must:
- Hold a degree, diploma, or certificate in an agricultural specialty recognized by the Board.
- Be a member of a professional body recognized by the Board.
- Undergo examination or interview if requested by the Board.
New Penalties for Unregistered Practice
The Bill introduces severe penalties for unauthorized practice under Section 40:
- Practicing as an agricultural professional without registration carries a minimum fine of KSh 1 million, imprisonment for up to three years, or both.
- Knowingly employing an unregistered person to act as an agricultural professional carries a minimum fine of KSh 1 million, imprisonment for up to five years, or both.
- Making false or misleading statements during registration carries a fine of up to KSh 1 million, imprisonment for up to three years, or both.
Strict Standards for Agricultural Input Management
Section 43 imposes a fine of up to KSh 200,000, imprisonment for up to two years, or both, on any unregistered person who:
- Uses any name or title implying they are qualified to practice as an agricultural professional.
- Professes to practice agricultural specialties.
- Manages or dispenses agricultural inputs in the form of fertilizers, feeds, or agricultural chemicals.
Bill No.
No. 19 of 2024
Gazette No.
Supplement No. 67
Sponsor
John Kanyuithia Mutunga
Background
Currently, Kenya lacks a centralized statutory framework to regulate agricultural professionals across various sub-sectors like crop science, animal production, and agribusiness. The Agricultural Professionals Registration and Licensing Bill, 2024, seeks to fill this gap by establishing the Agricultural Professionals Registration and Licensing Board to standardize training, registration, licensing, and professional conduct.
Key Provisions
Establishment of the Board
Section 3 establishes the Agricultural Professionals Registration and Licensing Board as a body corporate. The Board will consist of:
- Representatives from the ministries responsible for agriculture and livestock.
- Five members nominated by the Kenya Society for Agricultural Professionals representing training colleges, research, extension, resource management, and marketing.
- The Chairperson of the Kenya Society for Agricultural Professionals.
- One member appointed by the Cabinet Secretary from the agro-industry.
- The Registrar of the Board (serving as an ex-officio member).
Qualifications for Registration
Under Section 15, a person is eligible for registration if they hold a degree, diploma, or certificate in an agricultural specialty recognized by the Board. Agricultural specialties include agronomy, biotechnology, seed technology, agribusiness, agricultural engineering, animal production, crop science, and soil science.
New Obligations
Private Practice Licensing
Any registered professional intending to engage in private practice must apply to the Registrar for a practicing certificate in triplicate (Section 23). Practicing certificates are valid from the date of issue and expire on the 31st of December of the year of issue (Section 24). Practitioners must apply for renewal at least 30 days before expiry.
Disciplinary Committee
Section 27 establishes a Disciplinary Committee tasked with inquiring into allegations of professional misconduct, negligence, or impropriety. The Board may, on the recommendation of the Committee, impose fines, issue admonishment letters, suspend certificates for up to 12 months, or remove members from the register (Section 31).
Penalties
- Unregistered Practice (Section 40[2]): Minimum fine of KSh 1 million, imprisonment up to three years, or both.
- Employing Unregistered Persons (Section 40[4]): Minimum fine of KSh 1 million, imprisonment up to five years, or both.
- False Procurement of Registration (Section 41[1]): Fine up to KSh 50,000, imprisonment up to 12 months, or both.
- Unlawful input dispensing / Title Use (Section 43[1]): Fine up to KSh 200,000, imprisonment up to two years, or both for managing fertilizers, feeds, or agricultural chemicals without eligibility.
- Offences by Training Institutions (Section 44): Fine up to KSh 500,000, imprisonment up to three years, or both for training persons without Board approval.
- General Penalty (Section 45): For offences where no specific penalty is provided, a fine up to KSh 100,000, imprisonment up to one year, or both.
Transitional Provisions
Section 46 provides that any person engaged in private practice immediately before the commencement of the Act is entitled to continue in practice without a license:
- For a period of six months from the date of commencement; or
- Until their application for registration under the Act is approved or rejected by the Board.
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