Review the Livestock and Livestock Products Marketing Board Bill, 2019

National Assembly has circulated the Livestock and livestock products marketing board bill, 2019 for public participation. The bill is presently available on Dokeza.

According to its memorandum of objects and reasons, the main objective of the bill is to “streamline the marketing of livestock and livestock products in Kenya. The bill notes that the regulation of the livestock industry is presently uncoordinated, with duplication of functions and competitions among government institutions regulating the sector.

The bill intends to achieve the streamlining of the industry by establishing the Livestock and Livestock Products Marketing Board. Main mandate of the board will be to “deal with concerns of marketing livestock and livestock products in the country.”

As a stakeholder, consider reviewing the bill to ascertain whether:

1. Given the numerous agencies in the sector, are the objectives of the bill better off, being streamlined in an existing agency to save on taxpayers’ money?
2. Is there sufficient representation of farmers’ organizations (such as cooperatives and societies) in the board
3. Is the mandate of the board sufficient or overreaching?
4. Is the appointment of the board chair democratic (Can the process benefit from a situation where the interest groups nominate the Chair, to be appointed by the President with the concurrence of Parliament)?
5. Is the process of removing the CEO satisfactory?
6. Is the proposed public engagement strategy sufficient?
7. Are the board reporting obligations satisfactory?
8. Do you have any concerns regarding the information management provisions (any gaps on proactive disclosure)

The following excerpt from the memorandum of objects and reasons summarizes the main provisions of the bill

PART I (Clauses 1 - 2) of the Bill provides for preliminary provisions of the Bill including the short title and commencement of the Act and the interpretation clause.

PART II (Clauses 3 - 20) of the Bill deals with the establishment, functions and powers of the Board. Clause 3 specifically establishes the Livestock and Livestock Products Marketing Promotion Board. The functions and powers of the Board are outlined under clauses 5 and 7 respectively.

PART III (Clauses 21 - 24) of the Bill deals with the financial provisions. The sources of funds for the Board are outlined in clause 21. The Board is required to comply with prudent financial management systems including the provisions of the Public Audit Act, No. 34 of 2015.

PART IV (Clauses 25 - 30) of the Bill contains miscellaneous provisions. It provides for the requirement of the Board to have a public engagement strategy. It also outlines the guiding principles for the 'Cabinet Secretary’ when formulating delegated legislation.

PART V (Clauses 31-34) of the Bill contains revocation and saving provisions.

Statement on the delegation of legislative powers and limitation of fundamental rights and freedoms.

The Bill delegates legislative powers to the Cabinet Secretary. It does not limit fundamental rights and freedoms.

Statement that the Bill concerns county governments

The Bill affects the functions of the county governments and is therefore a Bill concerning counties for purposes of the Standing Orders.

Statement that the Bill is a money Bill within the meaning of Article 114 of the Constitution

The enactment of this Bill will occasion additional expenditure of public funds to be provided for through the annual estimates

This article was written by
Rachel Gichuki of Mzalendo Trust .
It was published on April 3, 2019.