THE PLANT PROTECTION BILL, 2025
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Proposed
Active now
Public Review
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Debate
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Executive
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Final
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Mandatory Permits for Plant and Biological Imports
Importers of plants, plant products, or other regulated articles must obtain a valid plant import permit from the Service (Section 17). Additionally, importing bio-fertilizers, biological control agents, beneficial organisms, soil conditioners, bio-stimulants, or organic fertilizers requires a biological import permit (Section 18). All importers and exporters must be registered by the Service to ensure traceability and risk management (Sections 19 and 22).
Strict Decontamination Rules for Used Machinery
Any used vehicle, machinery, or equipment imported into or transiting through Kenya, whether whole, disassembled, or in parts, must undergo phytosanitary decontamination at the importer's cost prior to shipment (Section 42). If decontamination cannot be performed in the exporting country, it must be carried out upon arrival in Kenya at the importer's cost.
Penalties of Up to KSh 2 Million for Violations
The bill introduces heavy penalties for biosecurity failures:
- Import violations: Importing plants or biological products without a permit, or failing to declare consignments at entry points, attracts a fine of up to KSh 2 million, imprisonment for up to one year, or both (Sections 17, 18, and 21).
- Pest introduction: Introducing a pest, noxious weed, or invasive weed into Kenya is prohibited and subject to a fine of up to KSh 2 million or one year of imprisonment (Section 25).
- Research violations: Conducting unauthorized research on regulated pests is penalized with a fine of up to KSh 2 million (Section 57).
Establishment of New Biosafety Committees
The bill creates specialized regulatory bodies:
- Kenya Technical Committee on Biological Articles and Control Agents: Formed to evaluate the safety and efficacy of bio-fertilizers, biopesticides, and other biological agents, and make recommendations for registration (Section 11).
- National and County Emergency Response Committees: Established to plan and manage plant health emergencies, develop response plans, and coordinate resource mobilization (Sections 44 and 45).
Bill No.
Bill No. 28 of 2025
Gazette No.
Supplement No. 98 of 2025
Background
The Plant Protection Bill, 2025 seeks to provide an updated regulatory and institutional framework to prevent the introduction, establishment, and spread of plant pests, and to facilitate safe trade in plants, plant products, and other regulated articles. It aligns Kenya's plant protection laws with the International Plant Protection Convention and repeals the outdated Plant Protection Act (Cap. 324). The bill utilizes the Kenya Plant Health Inspectorate Service (KEPHIS), operating under the Kenya Plant Health Inspectorate Service Act (Cap. 349), to serve as the country's National Plant Protection Organization.
Key Amendments
- Designation of KEPHIS: Officially designates KEPHIS as the National Plant Protection Organization of Kenya to issue phytosanitary certificates, inspect consignments, and enforce import/export requirements (Section 8).
- Kenya Technical Committee on Biological Articles and Control Agents: Establishes a committee representing multiple ministries, KEPHIS, KALRO, NEMA, and other bodies to evaluate the safety and efficacy of bio-fertilizers, biopesticides, and other biological agents (Sections 11 & 12).
- Emergency Response Framework: Establishes the National Plant Health Emergency Response Committee and empowers County Governments to set up County Plant Health Emergency Response Committees for coordinated plant emergency planning (Sections 44 & 45).
- Repeal of Cap. 324: Repeals the Plant Protection Act (Cap. 324), transitioning existing regulations, licenses, and actions to the new legal regime (Section 75).
New Obligations
- Import Permits and Declarations: Importers must secure plant import permits (Section 17) or biological import permits (Section 18) from KEPHIS, and all passengers or courier operators must declare regulated consignments at designated entry points (Section 21).
- Exporters Registration: Exporters of plants, plant products, and regulated articles must register with the Service for traceability and monitoring (Section 22).
- Decontamination of Used Equipment: Importers of used vehicles, machinery, or equipment must ensure they undergo phytosanitary decontamination at their own cost (Section 42).
- Reporting and Land Clearing: Landowners and occupiers are obligated to report unknown pests (Section 33) and clear declared noxious or invasive weeds under pain of penalty or recovery of eradication costs (Sections 49 & 50).
- Pest Control Product Alignment: Prescribed chemical treatments must comply with the Pest Control Products Act (Cap. 346) (Section 72).
Penalties
- Unlicensed Importation & Failure to Declare: Violators face a fine of up to KSh 2 million, imprisonment for up to one year, or both (Sections 17 & 21).
- Prohibited Pest or Weed Introduction: Introducing a pest, noxious weed, or invasive weed into Kenya carries a fine of up to KSh 2 million, imprisonment for up to one year, or both (Section 25).
- False Pest Reporting: Publishing or making false or misleading information regarding pest outbreaks is penalized with a fine of up to KSh 2 million or one year of imprisonment (Section 32).
- Obstruction of Inspectors: Obstructing or refusing to furnish info to plant health inspectors carries a fine of up to KSh 1 million, up to six months of imprisonment, or both (Section 65).
- General Penalty: Any offense under the Act where no specific penalty is provided carries a fine of up to KSh 250,000 or six months of imprisonment (Section 68).
Transitional Provisions
Any act done, statutory instrument issued, license granted, or contract entered into under the repealed Plant Protection Act (Cap. 324) that was subsisting immediately before the commencement of the new Act remains valid and is deemed to have been executed under the provisions of the new Act (Section 75).
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