Kenya Agricultural and Livestock Research Act

LAWS OF KENYA
THE KENYA AGRICULTURAL AND LIVESTOCK RESEARCH ACT
CAP. 319
Revised and published by the National Council for Law Reporting
with the authority of the Attorney-General as gazetted by the Government Printer
www.kenyalaw.org

Kenya
Kenya Agricultural and Livestock Research Act
Cap. 319
Legislation as at 31 December 2022
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Share widely and freely.

Kenya Agricultural and Livestock Research Act (Cap. 319)
Contents
Part I – PRELIMINARY ....................................................................................................................................................................................... 1
1. Short title .................................................................................................................................................................................................... 1
2. Interpretation ............................................................................................................................................................................................. 1
Part II – ESTABLISHMENT OF THE ORGANISATION ............................................................................................................................... 2
3. Establishment of the Organisation .................................................................................................................................................... 2
4.

................................................................................................................................................. 2
4.

Composition of the Organization ....................................................................................................................................................... 2
5. Objects and functions of the Organisation .................................................................................................................................... 2
Part III – BOARD OF THE ORGANISATION ................................................................................................................................................. 3
6. Board of the Organisation .................................................................................................................................................................... 3
7. Term of offfice ............................................................................................................................................................................................ 4
8. Vacation of office ..................................................................................................................................................................................... 4
9.

................................................................................................................................................. 4
9.

Functions of the Board .......................................................................................................................................................................... 5
10. Powers of the Board ............................................................................................................................................................................. 5
11. Committees of the Board ................................................................................................................................................................... 5
12. Delegation of powers by the Board ............................................................................................................................................... 6
13. Conduct of business affairs of the Board ..................................................................................................................................... 6
14. Appointment of Director-General .................................................................................................................................................... 6
15.

................................................................................................................................................ 6
15.

Qualifications of Director-General ................................................................................................................................................... 6
16. Qualifications of Deputy Director-General ................................................................................................................................... 6
17. Functions of Director-General ........................................................................................................................................................... 7
18. Removal of Director-General ............................................................................................................................................................. 7
19. Staff of the Organisation .................................................................................................................................................................... 7
20. Remuneration of staff of the Organisation .................................................................................................................................. 7
21.

Organisation .................................................................................................................................. 7
21.

Common Seal of the Organisation .................................................................................................................................................. 8
22. Protection from personal liability ................................................................................................................................................... 8
23. Liability for damages ........................................................................................................................................................................... 8
24. Relationship with the Science Council .......................................................................................................................................... 8
Part IV – THE SECRETARIAT ............................................................................................................................................................................ 8
25. Secretariat of the Organisation ........................................................................................................................................................ 8
26.

................................................................................................................................................ 8
26.

Functions of the secretariat .............................................................................................................................................................. 9
27. Operational units ................................................................................................................................................................................... 9
Part V – THE SCIENTIFIC AND TECHNICAL COMMITTEE .................................................................................................................. 10
28. Establishment of Scientific and Technical Committee .......................................................................................................... 10
29. Functions of the Committee ........................................................................................................................................................... 10

................................................................................................................................................... 10

30. Conduct of business affairs of the Committee ......................................................................................................................... 11
Part VI – RESEARCH INSTITUTES ............................................................................................................................................................... 11
31. Establishment of research institutes ........................................................................................................................................... 11
32. Functions of a research institute .................................................................................................................................................. 11
33. Operation of research institutes .................................................................................................................................................... 12
34. Research institute advisory committees ..................................................................................................................................... 12
35.

ommittees ..................................................................................................................................... 12
35.

Functions of research institute advisory committee .............................................................................................................. 12
36. Director of a research institute ..................................................................................................................................................... 12
37. Program review committees ............................................................................................................................................................ 13
Part VII – FINANCIAL PROVISIONS ............................................................................................................................................................ 13
38. Funds of the Organisation ............................................................................................................................................................... 13
39. Establishment of the Fund .............................................................................................................................................................. 13
40.

............................................................................................................................................... 13
40.

Powers to raise or borrow money ................................................................................................................................................ 14
41. Power to invest .................................................................................................................................................................................... 14
42. Accounts and audit ............................................................................................................................................................................. 14
43. Annual report and publication ....................................................................................................................................................... 14
44. Financial year of the Organisation ............................................................................................................................................... 15
Part VIII – MISCELLANEOUS PROVISIONS ............................................................................................................................................... 15
45.

............................................................................................................................................... 15
45.

Request for information .................................................................................................................................................................... 15
46. Board to keep information confidential ..................................................................................................................................... 15
47. Limitation of the right to access information ........................................................................................................................... 15
48. Offences — improper disclosure of information ..................................................................................................................... 15
49. Exemptions ............................................................................................................................................................................................ 15
50. Regulations ............................................................................................................................................................................................

......................................................................................................................................................

16
Part IX – TRANSITIONAL PROVISIONS ..................................................................................................................................................... 16
51. [Spent] ..................................................................................................................................................................................................... 16
52. [Spent] ..................................................................................................................................................................................................... 16
53. [Spent] ..................................................................................................................................................................................................... 16
54. [Spent] ..................................................................................................................................................................................................... 16
55.

............................................................................................................................................... 16
55.

[Spent] ..................................................................................................................................................................................................... 16
56. [Spent] ..................................................................................................................................................................................................... 16
57. [Spent] ...................................................................................................................................................................................................... 16
58. [Spent] ..................................................................................................................................................................................................... 16
FIRST SCHEDULE [s. 13] ................................................................................................................................................................................. 16
SECOND SCHEDULE [s.

............................................................................................................................... 16
SECOND SCHEDULE [s.

31] ............................................................................................................................................................................ 17

THIRD SCHEDULE [s. 26(h)] ........................................................................................................................................................................... 18
FOURTH SCHEDULE [s. 58] ............................................................................................................................................................................ 18

................................................................................................................................................... 18

Kenya Agricultural and Livestock Research Act (Cap. 319) Kenya
KENYA AGRICULTURAL AND LIVESTOCK RESEARCH ACT
CAP. 319
Published in Kenya Gazette Vol. CXV—No. 28 on 22 February 2013
Assented to on 14 January 2013
There are multiple commencements
Provisions Status
Part I (section 1–2); Part II (section 3–5); Part III
(section 6–24); Part IV (section 25–27); Part V
(section 28–30); Part VI (section 31–37); Part VII
(section 38–44); Part VIII (section 45–50)
commenced on 25 January 2013. Part IX (section 51–58) commenced on 1 July 2014 by Legal Notice 99 of
2014. Part III, section 6(1)(i)(v), (3)(b)(i)–(ii) commenced on 10 May 2016 by Act No. 7 of 2016. [Amended by Statute Law (Miscellaneous Amendments) Act, 2016 (Act No. 7 of 2016) on 10 May 2016]
[Amended by Fisheries Management and Development Act (Cap. 378) on 23 September 2016]
[Amended by Statute Law (Miscellaneous Amendments) Act, 2018 (Act No.

ded by Fisheries Management and Development Act (Cap. 378) on 23 September 2016]
[Amended by Statute Law (Miscellaneous Amendments) Act, 2018 (Act No.

18 of 2018) on 18 January 2019]
[Revised by 24th Annual Supplement (Legal Notice 221 of 2023) on 31 December 2022]
An Act of Parliament to provide for the establishment and functions of the Kenya Agricultural and
Livestock Research Organization; to provide for organs of the Organization; to provide for the
coordination of agricultural research activities in Kenya, and for connected purposes
WHEREAS it is desirable that a framework national agricultural research system legislation be promulgated so as
to establish an appropriate legal and institutional framework for agricultural research in Kenya;
AND WHEREAS it is recognised that the Kenya agricultural research system must be reformed into a dynamic,
innovative, responsive and well coordinated system driven by common vision and goal;
AND WHEREAS agricultural research is a key component of technology generation, knowledge management and
technology transfer to provide solutions for sustainable development of agribusiness;
NOW THEREFORE BE IT ENACTED by the Parliament of Kenya, as follows—
Part I – PRELIMINARY
1. Short title
This Act may be cited as the Kenya Agricultural and Livestock Research Act. 2.

he Parliament of Kenya, as follows—
Part I – PRELIMINARY
1. Short title
This Act may be cited as the Kenya Agricultural and Livestock Research Act. 2.

Interpretation
(1) In this Act, unless the context otherwise requires—
"Board" means the board of the Organisation constituted under section 6;
"Cabinet Secretary" means the Cabinet Secretary responsible for matters relating to agriculture;
"Committee" means the Science and Technology Committee established under section 27;
1

inet Secretary responsible for matters relating to agriculture;
"Committee" means the Science and Technology Committee established under section 27;
1

Kenya Agricultural and Livestock Research Act (Cap. 319) Kenya
"financial year" means the financial year of the Organisation as specified under section 43;
"Fund" means the Agricultural Research Fund established under section 38;
"Science Council" means the National Council for Science and Technology established under section
3 of the Science and Technology Act (Repealed). (2) Despite subsection (1), until after the first elections under the Constitution, references in this Act to
the expression "Cabinet Secretary" and "Principal Secretary" shall be construed to mean "Minister"
and "Permanent Secretary" respectively. Part II – ESTABLISHMENT OF THE ORGANISATION
3. Establishment of the Organisation
(1) There is established an organisation known as the Kenya Agricultural and Livestock Research
Organization.

ION
3. Establishment of the Organisation
(1) There is established an organisation known as the Kenya Agricultural and Livestock Research
Organization.

(2) The Organisation shall be a body corporate with perpetual succession and a common seal and shall,
in its corporate name, be capable of—
(a) suing and being sued;
(b) taking, purchasing or otherwise acquiring, holding, charging and disposing of movable and
immovable property;
(c) borrowing and lending money;
(d) entering into contracts; and
(e) doing or performing all other things or acts necessary for the proper performance of its
functions under this Act, which may lawfully be done or performed by a body corporate. 4. Composition of the Organization
(1) The Organization shall consist of the following organs—
(a) the Board;
(b) the Secretariat established under Part IV;
(c) the research institutes specified in the Second Schedule to this Act and the public
universities; and
(d) associate institutes, provided for under subsection (2).

institutes specified in the Second Schedule to this Act and the public
universities; and
(d) associate institutes, provided for under subsection (2).

(2) Any institution which undertakes agricultural or similar research, not being part of or sponsored by
any sector Ministry specified in the Second Schedule to this Act and which have access and makes
use of public resources may apply to the Board to join the Organization, and if the Board grants the
application, the institution shall be an associate institute of the Organization. 5. Objects and functions of the Organisation
(1) The object and function for which the Organisation is established is to—
(a) promote, streamline, co-ordinate and regulate research in crops, livestock, genetic resources
and biotechnology in Kenya;
(b) promote, streamline, co-ordinate and regulate research in crops and animal diseases; and
(c) expedite equitable access to research information, resources and technology and promote
the application of research findings and technology in the field of agriculture. 2

ccess to research information, resources and technology and promote
the application of research findings and technology in the field of agriculture. 2

Kenya Agricultural and Livestock Research Act (Cap.

Kenya Agricultural and Livestock Research Act (Cap.

319) Kenya
(2) For the purpose of carrying out its functions under subsection (1), the Organisation shall—
(a) formulate policy and make policy recommendations to the Cabinet Secretary on agricultural
research;
(b) prioritise areas for, and co-ordinate, agricultural research in Kenya in line with the national
policy on agriculture;
(c) determine and advise the Government on the resource requirements for agricultural research
in Kenya both at the national and county level;
(d) regulate, monitor and ensure that all agricultural research undertaken by research institutes
and other institutions or persons undertaking agricultural research is consistent with the
national priorities specified in the relevant policy documents;
(e) establish and exercise control over the research institutes, committees and research centres
established pursuant to this Act;
(f) formulate or approve medium and long term research plans, strategies and budgets of
research institutes, committees and organisations established pursuant to this Act;
(g) provide grants to research institutes and persons desirous of carrying out research and
training programs which are consistent with the national research priorities and plans of the
Organisation;
(h) support and promote the training and capacity building in relation to agricultural research;
(i) promote the dissemination and application of research findings in the field of agriculture
and the establishment of a Science Park;
(j) liaise with and ensure the co-ordination of institutions, agencies and persons involved in
agricultural research;
(k) establish platforms for the purposes sharing of research information, advancing research and
transfer of technology and dissemination of information relating to advancements made in
agricultural research;
(l) ensure continuance of performance improvement in the field of agricultural research; and
(m) perform such other functions as may be conferred on it by this Act or any other written law.

mprovement in the field of agricultural research; and
(m) perform such other functions as may be conferred on it by this Act or any other written law.

[Act No. 7 of 2016, Sch., Act No. 35 of 2016, 4th Sch.]
Part III – BOARD OF THE ORGANISATION
6. Board of the Organisation
(1) The management of the Organisation shall vest in a Board which shall consist of—
(a) a Chairperson appointed by the President;
(b) the Principal Secretary in the Ministry for the time being responsible for agriculture;
(c) the Principal Secretary in the Ministry for the time being responsible for finance;
(d) deleted by Act No. 7 of 2016, Sch.;
(e) deleted by Act No. 7 of 2016, Sch.;
(f) the Principal Secretary for the time being responsible for livestock;
(g) the Secretary to the Science Council appointed under paragraph 6 of the Second Schedule to
the Science and Technology Act;
3

nsible for livestock;
(g) the Secretary to the Science Council appointed under paragraph 6 of the Second Schedule to
the Science and Technology Act;
3

Kenya Agricultural and Livestock Research Act (Cap. 319) Kenya
(h) deleted by Act No. 7 of 2016, Sch.;
(i) five persons appointed by the Cabinet Secretary, of whom—
(i) one shall represent the interests of farmers;
(ii) one shall represent the interests of the general public;
(iii) one shall be a representative of an institution of higher learning;
(iv) two persons co-opted by the Board, who may be non-citizen scientists in the field of
agriculture and who possess such knowledge and experience as may be necessary for
the better carrying out of the functions of the Board; and
(v) the Director-General appointed in accordance with section 14. (2) Members appointed under sections 6(a), (g) and (h) shall serve on a part-time basis. (3) The Secretariat of the Board shall comprise of—
(a) the Director-General;
(b) at least two deputy directors who shall include—
(i) the Deputy Director-General crops; and
(ii) the Deputy Director-General Livestock;
(c) deleted by Act No. 7 of 2016, Sch.;
(d) any other staff. [Act No. 7 of 2016, Sch.]
7.

neral crops; and
(ii) the Deputy Director-General Livestock;
(c) deleted by Act No. 7 of 2016, Sch.;
(d) any other staff. [Act No. 7 of 2016, Sch.]
7.

Term of offfice
The Chairperson and members appointed under section 6 (1)(h) shall —
(a) be appointed on such terms as the Cabinet Secretary may determine;
(b) have qualification of a minimum of Masters Degree; and
(c) hold office for a term of four years renewable for one further term. [Act No. 7 of 2016, Sch.]
8. Vacation of office
A person shall cease to be a member of the Board if such person—
(a) is unable to perform the functions of his office by reason of mental or physical infirmity;
(b) is adjudged bankrupt;
(c) is convicted of a criminal offence and sentenced to a term of imprisonment of not less than six
months;
(d) is absent from three consecutive meetings of the Board without the permission of the Board;
(e) resigns in writing, addressed, in the case of the Chairperson to the President, and in the case of any
other member, to the Cabinet Secretary;
(f) fails to declare his interest in any matter being considered or to be considered by the Board; or
(g) violates Chapter Six of the Constitution. 4

(f) fails to declare his interest in any matter being considered or to be considered by the Board; or
(g) violates Chapter Six of the Constitution. 4

Kenya Agricultural and Livestock Research Act (Cap. 319) Kenya
9.

Kenya Agricultural and Livestock Research Act (Cap. 319) Kenya
9.

Functions of the Board
The functions of the Board shall be to—
(a) carry out the objects and functions of the Organisation;
(b) advise the Cabinet Secretary on matters of policy relating to agricultural research;
(c) oversee the effective co-ordination of the operations of the Organisation;
(d) ensure that the activities of the Organisation are consistent with the policy and objectives of the
Government, and the national priorities relating to agriculture and agricultural research;
(e) approve, oversee and evaluate on a continuing basis the programs being implemented by the
Organisation;
(f) direct strategic research and policy and prioritise and determine the research agenda;
(g) co-operation with other lead agencies and organizations in carrying out agricultural research;
(h) development of a economic, efficient and cost effective internal management structure, strategic
and annual plan of the Organisation;
(i) implementation and fulfilment of the polices and agreed objectives, performance targets and
service standards of the Organisation;
(j) provision of advice as required on all matters within the responsibility of the Organisation; and
(k) perform such other functions as may be necessary for the exercise of its powers and functions under
this Act.

ponsibility of the Organisation; and
(k) perform such other functions as may be necessary for the exercise of its powers and functions under
this Act.

10. Powers of the Board
The Board shall have all the powers necessary for the proper performance of its functions under this Act
and subject to the provisions of this Act, the Board shall have the power to—
(a) enter into contracts;
(b) manage, control and administer the assets of the Organisation in such manner and for such
purposes as best promotes the purpose for which the Organisation is established;
(c) receive gifts, grants, donations or endowments made to the Organisation and make disbursement
therefrom;
(d) open such bank accounts as may be necessary for the funds of the Organisation into which all
moneys received by the Organisation shall be paid in the first instance and out of which all
payments made by the Organisation shall be made;
(e) determine the provisions to be made for capital and recurrent expenditure and for the reserves of
the Organisation; and
(f) subject to the approval of the Cabinet Secretary for the time being responsible for matters relating
to finance, invest any of the Organization's funds not immediately required for the purposes of this
Act, as it may determine. 11.

or matters relating
to finance, invest any of the Organization's funds not immediately required for the purposes of this
Act, as it may determine. 11.

Committees of the Board
(1) The Board may, from time to time, establish such committees as it considers necessary for the
better carrying out of its functions under this Act. (2) The Board may co-opt into the membership of a committee established under subsection (1),
such other persons whose knowledge and skills are found necessary for the functions of the
Organisation. 5

committee established under subsection (1),
such other persons whose knowledge and skills are found necessary for the functions of the
Organisation. 5

Kenya Agricultural and Livestock Research Act (Cap. 319) Kenya
12. Delegation of powers by the Board
The Board may by resolution either generally or in any particular case, delegate to any committee of the
Board or to any member, officer, employee or agent of the Board, the exercise of any of the powers or the
performance of any of the functions or duties of the Board under this Act or under any other written law. 13. Conduct of business affairs of the Board
The Board shall conduct its affairs in accordance with the provisions of the First Schedule, but subject
thereto, the Board may regulate its own procedure. 14. Appointment of Director-General
(1) There shall be a Director-General, Deputy Director-General of livestock and Deputy Director-
General of crops of the Organisation who shall be competitively recruited by the Board and
appointed by the Cabinet Secretary. (2) The Director shall be appointed on such terms and conditions of service as the Board shall
determine, with approval of the Cabinet Secretary, for a term of five years renewable for one further
term.

d conditions of service as the Board shall
determine, with approval of the Cabinet Secretary, for a term of five years renewable for one further
term.

(3) The Director-General shall be an ex-officio member of the Board and shall have no right to vote at
any meeting of the Board. (4) The Director-General shall be responsible to the Board for all the activities of the Organization. 15. Qualifications of Director-General
A person shall qualify for appointment as Director-General if that person—
(a) holds a postgraduate degree or its equivalent in a relevant area;
(b) is a citizen of Kenya;
(c) has experience in—
(i) agricultural science;
(ii) policy formulation;
(iii) policy oriented research and analysis; and
(iv) management of human resource and finance. [Act No. 7 of 2016, Sch.]
16. Qualifications of Deputy Director-General
A person shall be qualified for appointment as the Deputy Director-General of livestock or crops, if the
person—
(a) is a citizen of Kenya;
(b) holds an undergraduate degree in animal or crops science;
(c) a postgraduate degree or its equivalent from a recognised university;
(d) has at least five years experience in leadership or at senior management level in research; and
(e) meets the requirements of chapter six of the Constitution. [Act No. 7 of 2016, Sch.]
6

n leadership or at senior management level in research; and
(e) meets the requirements of chapter six of the Constitution. [Act No. 7 of 2016, Sch.]
6

Kenya Agricultural and Livestock Research Act (Cap. 319) Kenya
17. Functions of Director-General
(1) The Director-General shall be the chief executive officer of the Organisation and shall be under the
general supervision and control of the Board. (2) Subject to subsection (1), the Director-General shall be responsible for the—
(a) day-to-day operations of the Organisation;
(b) administration, organization and control of the staff of the Organisation;
(c) management of funds, property and affairs of the Organisation;
(d) implementation of the policies and programs of the Organisation and reporting thereon to
the Board;
(e) development of an operations plan for achieving the Organisation objects; and
(f) performance of any other duty necessary for the implementation of this Act as may be
assigned to him by the Board. (3) The Director-General shall submit to the Board for approval, not later than three months before the
commencement of each financial year, a programme of activities of the Organization in respect of
that financial year. 18.

than three months before the
commencement of each financial year, a programme of activities of the Organization in respect of
that financial year. 18.

Removal of Director-General
The Board may remove the Director-General from office in accordance with his terms and conditions of
service for—
(a) inability to perform the functions of the office arising out of physical or mental incapacity;
(b) gross misconduct or misbehaviour;
(c) incompetence or neglect of duty; or
(d) any other ground that would justify removal from office under the terms and conditions of service. 19. Staff of the Organisation
(1) The Board may appoint such officers, agents and staff as are necessary for the proper and efficient
discharge of the functions of the Organisation under this Act upon such terms and conditions of
service as the Board may determine. (2) The Board may, on the advice of the Director-General, engage, on behalf of the Organization, the
services of such experts in respect of any of the functions of the Organization in connection with
which they are considered to have special competence. 20. Remuneration of staff of the Organisation
(1) The officers, agents and staff of the Organisation shall be paid such remuneration and allowances
as the Cabinet Secretary shall, in consultation with the Salaries and Remuneration Commission
determine.

hall be paid such remuneration and allowances
as the Cabinet Secretary shall, in consultation with the Salaries and Remuneration Commission
determine.

(2) Pending the establishment of the Salaries and Remuneration Commission, the remuneration and
allowances under subsection (1) shall be determined by the Cabinet Secretary in consultation with
the Treasury. 7

ion Commission, the remuneration and
allowances under subsection (1) shall be determined by the Cabinet Secretary in consultation with
the Treasury. 7

Kenya Agricultural and Livestock Research Act (Cap. 319) Kenya
21. Common Seal of the Organisation
(1) The common seal of the Organisation shall be kept in the custody of the Director-General or such
other person as the Board may direct, and shall not be used except upon the order of the Board. (2) The common seal of the Organisation shall, when affixed to a document and authenticated, be
judicially and officially noticed and unless the contrary is proved any order or authorization by the
Organisation under this section shall be presumed to have been duly given. (3) The affixing of the common seal of the Organisation shall be authenticated by the signatures of the
Chairperson and the Director-General:
Provided that the Board shall, in the absence of the Chairperson or the Director-General, in any
particular matter, nominate one member of the Board to authenticate the common seal of the
Organisation on behalf of either the Chairperson of the Board or the Director-General. 22.

member of the Board to authenticate the common seal of the
Organisation on behalf of either the Chairperson of the Board or the Director-General. 22.

Protection from personal liability
(1) No matter or thing done by a member of the Board or any officer, employee, or agent of the
Organisation shall, if the matter or thing is done in good faith for executing the functions, powers
or duties of the Organisation render the member, officer, employee or agent personally liable to any
action, claim or demand whatsoever. (2) Any expenses incurred by any person in any suit or prosecution brought against him in any court,
in respect of any act which is done or purported to be done by him under the direction of the
Organisation, shall, of the court holds that such act was done in good faith, be paid out of the
general funds of the Organisation, unless such expenses are recovered by him in such suit or
prosecution. 23. Liability for damages
The provision of section 22 shall not relieve the Organisation of the liability to compensate or pay
damages to any person for any injury to him, his property or any of his interests caused by the exercise of
any power conferred by this Act or any other written law or by the failure, wholly or partially of any works. 24.

interests caused by the exercise of
any power conferred by this Act or any other written law or by the failure, wholly or partially of any works. 24.

Relationship with the Science Council
(1) The Organization shall operate in cooperation with the Science Council and shall, in relation to the
Council, be responsible for research in the agricultural sector. (2) The Board shall make available to the Science Council annual reports on research and development
activities carried out by or under the auspices of the Organization. Part IV – THE SECRETARIAT
25. Secretariat of the Organisation
(1) There shall be a Secretariat to the Organisation which shall consist of—
(a) the Director-General who shall be the head of the secretariat; and
(b) such other persons as the Board shall determine for the proper performance of the functions
of the secretariat under this Act. (2) The persons under subsection (1)(b) shall be competitively recruited and appointed by the Board on
such terms and conditions as the Board shall determine. (3) The persons appointed under subsection (1)(b) shall possess such knowledge and experience as
shall be determined by the Board. 8

shall determine. (3) The persons appointed under subsection (1)(b) shall possess such knowledge and experience as
shall be determined by the Board. 8

Kenya Agricultural and Livestock Research Act (Cap. 319) Kenya
26.

Kenya Agricultural and Livestock Research Act (Cap. 319) Kenya
26.

Functions of the secretariat
The functions of the Secretariat shall be to—
(a) provide logistical support to the Board and committees of the Board;
(b) organise, direct, and monitor the implementation of research programs and training activities both
at national and county level;
(c) review of agricultural research proposals in terms of priority and technical content;
(d) carry out periodic assessment of the performance of each research institute in terms of efficiency
and adequacy of facilities and resources with reference to the functions to be performed;
(e) promote collaboration and partnerships of the organisation with international organisations or
research bodies on agricultural research;
(f) review and present to the Board recommendations of the research institutes and committees on
policies and priorities for agricultural research;
(g) serve as a resource centre on matters relating to agricultural research;
(h) establish a database and coordinate information flow among the research institutes and sector
Ministries set out in the Third Schedule to this Act;
(i) rate, compile and maintain an inventory of agricultural research activities and programs
undertaken by committees and organisations under this Act;
(j) collate, analyse and disseminate information including data on research programs undertaken
pursuant to this Act;
(k) monitor and report to the Board on arrangements for dissemination and utilisation of research
results and their impact on the development of agriculture and social improvement in the country;
(l) conduct research and gap analysis to ensure continuous performance improvement in the
dissemination and adoption of research findings;
(m) review and assess requests for Government support in relation to research activities and programs
and advice the Secretariat on the relevant support that should be accorded to an institute or body
undertaking research under this Act;
(n) facilitate resource mobilization and management; and
(o) carry out such other functions as may be conferred on it by the Board.

ch under this Act;
(n) facilitate resource mobilization and management; and
(o) carry out such other functions as may be conferred on it by the Board.

27. Operational units
(1) The Board shall, for the effective co-ordination of agricultural research and development activities
in Kenya by organisations and individuals conducting agricultural research, establish operational
units within the secretariat in the following sectors—
(a) food systems;
(b) natural resource management systems;
(c) livelihood systems;
(d) policy and institutional development;
(e) partnership and business development;
(f) planning, resource allocation and quality control;
(g) knowledge management and information communication; and
9

nership and business development;
(f) planning, resource allocation and quality control;
(g) knowledge management and information communication; and
9

Kenya Agricultural and Livestock Research Act (Cap. 319) Kenya
(h) administration and finances. (2) Each operational unit shall consist of such members of the secretariat and such other persons as the
Board shall determine. (3) Each operational unit shall perform such functions as the Director-General shall determine. (4) The Board may create such other operational units or reconstitute, merge or dissolve an operational
unit as it shall consider necessary. Part V – THE SCIENTIFIC AND TECHNICAL COMMITTEE
28. Establishment of Scientific and Technical Committee
(1) There is established a committee to be known as the Scientific and Technical Committee. (2) The Committee shall consist of—
(a) a Chairperson; and
(b) such persons with such knowledge and expertise as the Board may consider necessary for the
performance of its functions under this Act. (3) The Chairperson and members of the Committee shall be appointed by the Board, from amongst
persons who are not members of the Board, on such terms and conditions as the Board may
determine with approval of the Cabinet Secretary. 29.

amongst
persons who are not members of the Board, on such terms and conditions as the Board may
determine with approval of the Cabinet Secretary. 29.

Functions of the Committee
(1) The Committee shall—
(a) serve as the advisory arm to the Organisation; and
(b) provide technical, financial and legal expertise to the Board and the research institutes
established under this Act. (2) In the performance of its functions under subsection (1), the Scientific and Technical Committee
shall—
(a) advise the Board on—
(i) science policy and broad strategic research directions; and
(ii) strategic planning, priority setting and research agenda;
(b) commission and manage periodic external reviews of the programs of research;
(c) undertake system level impact assessments;
(d) collaborate with partners to mobilise and harness best science practices;
(e) provide advice and capacity building to research institutes and individuals undertaking
agricultural research and programs pursuant to this Act;
(f) analyse policies, research proposals and proposed research programs prior to submission to
the Board for approval; and
(g) perform such other functions relating to agricultural research as may be assigned to it by the
Board. 10

submission to
the Board for approval; and
(g) perform such other functions relating to agricultural research as may be assigned to it by the
Board. 10

Kenya Agricultural and Livestock Research Act (Cap. 319) Kenya
30. Conduct of business affairs of the Committee
The provisions of the First Schedule shall apply mutatis mutandis with respect to the conduct of the
business and affairs of the committee but subject thereto the Committee, may regulate its own procedure. Part VI – RESEARCH INSTITUTES
31. Establishment of research institutes
(1) There are hereby established the research institutes specified in the Second Schedule. (2) The Cabinet Secretary may, in consultation with the Board and by notice in the Gazette establish
such other research institutes as he may consider necessary for the performance of its functions
under this Act. (3) Each research institute may establish such centres or units as it may consider necessary for the
performance of its functions under this Act. 32.

(3) Each research institute may establish such centres or units as it may consider necessary for the
performance of its functions under this Act. 32.

Functions of a research institute
(1) The functions of the research institutes shall be to—
(a) advise on, and develop appropriate systems to promote balanced, diversified and sustained
agricultural development and to optimise agricultural production through adaptive and
investigative research; and
(b) facilitate the use of improved production technology, and to establish adequate feedback
systems from agricultural producers in order to achieve and maintain national self-
sufficiency and export capacities in agricultural products.

edback
systems from agricultural producers in order to achieve and maintain national self-
sufficiency and export capacities in agricultural products.

(2) For the purpose of carrying out its functions under subsection (1), the research institutes shall—
(a) organise, design and carry out on-station and on-farm research in their respective sectors
of agricultural research in accordance with such policies and in such priorities as may be
determined by the Board;
(b) identify production, policy, market, processing and utilisation constraints in the fields of
agriculture, water, livestock, forestry and environment, and prepare short and long-term
research programmes within the framework of the national agricultural research system;
(c) identify and disseminate, in collaboration with other relevant agencies, appropriate systems
of mechanisation and technology options to improve agricultural production and provide
answers to foreseeable problems facing crop, livestock and forestry;
(d) collaborate with the extension and education services and other organisations, agencies and
institutions including schools, technical institutions and universities, public or private, to
disseminate research results and technologies;
(e) establish and maintain regular contact with regional and international agricultural research
centres to ensure the rapid introduction, evaluation and use of improved technology of
potential benefit to the country;
(f) conduct, in association with the secretariat, annual reviews of research results and modify
research programmes as appropriate;
(g) promote demand-driven participatory research, planning and priority setting; and
(h) perform such other functions as the Board shall determine.

e;
(g) promote demand-driven participatory research, planning and priority setting; and
(h) perform such other functions as the Board shall determine.

[Act No. 7 of 2016, Sch., Act No. 35 of 2016, 4th Sch.]
11

[Act No. 7 of 2016, Sch., Act No. 35 of 2016, 4th Sch.]
11

Kenya Agricultural and Livestock Research Act (Cap. 319) Kenya
33. Operation of research institutes
(1) Each research institute shall be semi autonomous in its operations, implementation of its programs
and the allocation and management of its resources. (2) The annual programmes and budget of a research institute shall be as approved by the Board. (3) The Board may request an institute research advisory committee appointed under this Act or any
other person or body as the Board considers appropriate to manage on behalf of the Organization
the property of the institute. 34. Research institute advisory committees
(1) The management of a research institute shall vest in a research institute advisory committee
constituted by the Board for each research institute established under section 30. (2) The Board shall competitively recruit and appoint such number of persons with such knowledge
and experience as it shall consider necessary for the performance of the functions of the advisory
committee. (3) The members of the research institute advisory committee shall be appointed on such terms and
conditions as the Board with approval of the Cabinet Secretary shall consider appropriate.

ute advisory committee shall be appointed on such terms and
conditions as the Board with approval of the Cabinet Secretary shall consider appropriate.

(4) The Board may co-opt into the membership of a committee established under subsection (1), such
other persons whose knowledge and skills are found necessary for the functions of the committee. 35.

committee established under subsection (1), such
other persons whose knowledge and skills are found necessary for the functions of the committee. 35.

Functions of research institute advisory committee
The functions of a research institute advisory committee shall be to oversee the management of the
research institute and shall—
(a) make recommendations to the Board on strategic and policy issues related to agricultural research
and research program infrastructure;
(b) oversee the implementation of policies and programs of the research institute and
recommendations of the program review committee;
(c) advice the Board on the status of programs and projects undertaken by the research institute and
make recommendations on the improvements that may be undertaken;
(d) make recommendations to the Board on mechanisms for partnering and integrating basic and
translational research programs and for the adoption of research findings within the agricultural
sector;
(e) evaluate and make recommendations to the Board on areas of strategic investment and
collaborations with other research institutes, research centres, organisations or individuals
undertaking agricultural research;
(f) review annually, the operations, administrative organisation and budgets of the research institute
in relation to the programs and initiatives undertaken by the institute;
(g) provide a forum for feedback and through which individuals undertaking research in the relevant
area of research can submit their proposals and recommendations to the research institute; and
(h) perform such other functions as shall be assigned to it by the Board.

an submit their proposals and recommendations to the research institute; and
(h) perform such other functions as shall be assigned to it by the Board.

36. Director of a research institute
(1) The Board shall competitively recruit and appoint a Director for each research institute on such
terms and conditions as the Board shall determine. 12

The Board shall competitively recruit and appoint a Director for each research institute on such
terms and conditions as the Board shall determine. 12

Kenya Agricultural and Livestock Research Act (Cap. 319) Kenya
(2) The Director shall, subject to the directions of the Board, be responsible for the day to day
management of a research institute. 37. Program review committees
(1) The Director of each research institute shall, with the approval of the Director-General, appoint a
programme review committee of that institute consisting of such persons as the Director-General
may approve. (2) The programme review committee established under subsection (1) shall scrutinise research
proposals of the institute in relation to which it is established and make recommendations on the
relevance and priority of research programmes and projects to be undertaken by the institute. Part VII – FINANCIAL PROVISIONS
38.

commendations on the
relevance and priority of research programmes and projects to be undertaken by the institute. Part VII – FINANCIAL PROVISIONS
38.

Funds of the Organisation
(1) The funds and assets of the Organisation shall comprise of—
(a) such moneys or assets as may accrue to or vest in the Organisation in the course of the
exercise of its power or the performance of it functions under this Act, including proceeds
from patents and breeders rights;
(b) the Agricultural Research Fund;
(c) such moneys as may be payable to the Organisation pursuant to this Act or any other written
law;
(d) such gifts as may be donated to the Organisation;
(e) such moneys as may be appropriated by Parliament for the purposes of the Organisation; and
(f) moneys from any other source granted, donated, or lent to the Organisation. (2) The allocation of resources to the two directorates shall be done on a pro-rata basis depending on
the contribution to Kenya's gross domestic product by the crop and livestock sectors, respectively. (3) The Public Finance Management Act (Cap. 412A), shall be applicable in the management of
financial resources in the sectors at all levels. 39. Establishment of the Fund
(1) There is established a fund to be known as the Agricultural Research Fund.

l resources in the sectors at all levels. 39. Establishment of the Fund
(1) There is established a fund to be known as the Agricultural Research Fund.

(2) The Fund shall consist of—
(a) any funds provided by bilateral or multilateral donors, for the purpose of agricultural
research;
(b) moneys provided by Parliament specifically for the purpose of agricultural research;
(c) any interest from loans and advances; and
(d) funds from any other source approved by the Trustees. (3) The Fund shall be managed by the Trustees appointed by the Board on such terms and conditions as
the Board shall determine. (4) The Organisation shall apply the moneys received into the Fund to provide strategic and
predictable funding to agricultural research activities of the Organisation and carry out the
operations of the Organisation. 13

provide strategic and
predictable funding to agricultural research activities of the Organisation and carry out the
operations of the Organisation. 13

Kenya Agricultural and Livestock Research Act (Cap. 319) Kenya
(5) The Trustees may, from time to time and in consultation with the Board make rules for the better
management of the Fund. 40. Powers to raise or borrow money
The Board may, upon consultation with the Cabinet Secretary and from time to time, raise or borrow,
either by way of mortgage, charge or overdraft from a bank or in such other ways as may be appropriate,
such sums of money as it may consider necessary for or in connection with the exercise of its powers or
performance of its functions and duties under this Act. 41. Power to invest
The Organisation may, from time to time and, subject to the provisions of this Act, invest any sums
standing to the credit of the Organisation, whether in any fund established by it, in securities or in any
form of property in which the Trustees are authorized to invest under the Trustee Act (Cap. 167), and in
such other securities or property as may be approved for the purpose by the Cabinet Secretary for the time
being responsible for finance. 42.

, and in
such other securities or property as may be approved for the purpose by the Cabinet Secretary for the time
being responsible for finance. 42.

Accounts and audit
(1) The Board shall cause to be kept such books of accounts and other books in relation thereto of all
its undertakings, funds, activities and property as the Cabinet Secretary may from time to time
approve and shall, within a period of four months after the end of the financial year, or within such
a longer period as the Cabinet Secretary may approve, cause to be prepared, signed and forwarded
to the Auditor-General—
(a) a balance sheet showing in detail the assets and liabilities of the Organisation; and
(b) such other statements of accounts as the Cabinet Secretary may approve. (2) The accounts of the Organisation shall be examined, audited and reported upon annually by the
Auditor-General in accordance with the Public Audit Act (Cap. 412B).

of the Organisation shall be examined, audited and reported upon annually by the
Auditor-General in accordance with the Public Audit Act (Cap. 412B).

(3) The Board shall produce and lay before the Auditor-General all books and accounts of the
Organisation, together with all vouchers in support thereof, and all books, papers and writings in
its possession or control relating thereto, and the Auditor-General shall be entitled to require from
any member, officer, employee or agent of the Organisation such information and explanation as he
may consider necessary for the performance of his duties as Auditor-General. (4) The expenses incurred in and incidental to the auditing of the accounts of the Organisation shall be
met by the Organisation. 43. Annual report and publication
(1) The Organisation shall, within a period of seven months after the end of the financial year or within
such longer period as the Cabinet Secretary may approve, submit to the Cabinet Secretary a report
of the operations of the Organisation during such year, and the yearly balance sheet and such other
statements of account as the Cabinet Secretary shall require, together with the Auditor-General's
report thereon.

yearly balance sheet and such other
statements of account as the Cabinet Secretary shall require, together with the Auditor-General's
report thereon.

(2) The Organisation shall, if the Cabinet Secretary so requires, publish the reports, balance sheet and
statements submitted to him under subsection (1) in such manner as the Cabinet Secretary may
specify. (3) The Cabinet Secretary shall cause to be laid the before Parliament the reports, balance sheet and
statements submitted to him under subsection (1), and such statements of accounts as may he may
approve, within a period of fourteen days of the receipt of the reports and statements by him, or, if
Parliament is not sitting, within fourteen days of the commencement of its next sitting. 14

f the receipt of the reports and statements by him, or, if
Parliament is not sitting, within fourteen days of the commencement of its next sitting. 14

Kenya Agricultural and Livestock Research Act (Cap. 319) Kenya
44. Financial year of the Organisation
The financial year of the Organisation shall be the period of twelve months ending on the thirtieth of June
in each year. Part VIII – MISCELLANEOUS PROVISIONS
45. Request for information
(1) The Director-General may, in writing, request any person to furnish the Organization with such
information or to produce such documents or records as he deems necessary and relevant for the
performance of the functions of the Organization. (2) A person who—
(a) refuses or fails, without reasonable cause, to comply with a request under subsection (1) to
furnish any information or to produce any documents or records; or
(b) in furnishing such information, makes a statement which he knows to be false, commits an
offence and shall be liable, on conviction, to a fine not exceeding thirty thousand shillings, or
to imprisonment for a term not exceeding two years, or to both. 46.

ll be liable, on conviction, to a fine not exceeding thirty thousand shillings, or
to imprisonment for a term not exceeding two years, or to both. 46.

Board to keep information confidential
The Board shall keep information acquired for purposes of the Organization confidential and shall disclose
such information only to the extent it considers necessary for the proper performance of the functions of
the Organization. 47. Limitation of the right to access information
(1) The right of access to information guaranteed under Article 35 of the Constitution is hereby limited
under Article 24 of the Constitution to the nature and extent specified under subsection (2). (2) The Organization, being a public entity, shall be under no obligation as contemplated under Article
35 of the Constitution to give any information that would, in the opinion of the Organization,
compromise the integrity of research, patent and other related rights. 48. Offences — improper disclosure of information
(1) No officer, member of staff, or agent of the Organization shall disclose information acquired under
this Act except—
(a) in the course of his duties under this Act; or
(b) with the written consent of the Board. (2) No person who receives information in contravention of subsection (1) shall disclose or publish the
information.

the written consent of the Board. (2) No person who receives information in contravention of subsection (1) shall disclose or publish the
information.

(3) A person who contravenes subsection (1) or (2) commits an offence and shall be liable, on
conviction, to a fine not exceeding thirty thousand shillings or to imprisonment for a term not
exceeding two years or to both such fine and imprisonment. 49. Exemptions
Subject to other applicable laws, the Organization shall be exempted from such taxes, duties, fees, levy,
cess or other charges as the Cabinet Secretary for the time being responsible for finance may by, notice in
the Gazette, specify. 15

ties, fees, levy,
cess or other charges as the Cabinet Secretary for the time being responsible for finance may by, notice in
the Gazette, specify. 15

Kenya Agricultural and Livestock Research Act (Cap. 319) Kenya
50. Regulations
The Cabinet Secretary may, on the recommendation of the Board, make regulations generally for the
better carrying into effect the provisions of this Act. Part IX – TRANSITIONAL PROVISIONS
51. [Spent]
52. [Spent]
53. [Spent]
54. [Spent]
55. [Spent]
56. [Spent]
57. [Spent]
58. [Spent]
FIRST SCHEDULE [s. 13]
PROVISIONS AS TO THE CONDUCT OF BUSINESS AND AFFAIRS OF THE BOARD
1. Tenure of office
Any member of the Board, other than an ex officio member shall, subject to the provisions of this Schedule,
hold office for a period of four years, on such terms and conditions as may be specified in the instrument
of appointment, but shall be eligible for re-appointment, subject to a maximum of two terms of office. 2. Meetings
(1) The Board shall meet not less than four times in every financial year and not more than four months
shall elapse between the date of one meeting and the date of the next meeting.

s than four times in every financial year and not more than four months
shall elapse between the date of one meeting and the date of the next meeting.

(2) Notwithstanding the provisions of subparagraph (1), the Chairperson may, and upon requisition
in writing by at least six members shall, convene a special meeting of the Board at any time for the
transaction of the business of the Board. (3) Unless three quarters of the total members of the Board otherwise agree, at least fourteen days'
written notice of every meeting of the Board shall be given to every member of the Board. (4) The quorum for the conduct of the business of the Board shall be seven members including the
Chairperson or the person presiding. (5) The Chairperson shall preside at every meeting of the Board at which he is present but, in his
absence, the members present shall elect one of their numbers to preside, who shall, with respect to
that meeting and the business transacted thereat, have all the powers of the Chairperson. (6) Unless a unanimous decision is reached, a decision on any matter before the Board shall be by a
majority of votes of the members present and voting and, in the case of an equality of votes, the
Chairperson or the person presiding shall have a casting vote. 16

otes of the members present and voting and, in the case of an equality of votes, the
Chairperson or the person presiding shall have a casting vote. 16

Kenya Agricultural and Livestock Research Act (Cap. 319) Kenya
(7) Subject to subparagraph (4), no proceedings of the Board shall be invalid by reason only of a
vacancy among the members thereof. 3. Disclosure of interest by Board members
(1) If a member is directly or indirectly interested in any contract, proposed contract or other matter
before the Board and is present at a meeting of the Board at which the contract, proposed contract
or other matter is the subject of consideration, that member shall, at the meeting and as soon
as practicable after the commencement thereof, disclose the fact and shall not take part in the
consideration or discussion of, or vote on, any questions with respect to the contract or other
matter, or be counted in the quorum of the meeting during consideration of the matter:
Provided that, if the majority of the members present are of the opinion that the experience or expertise of
such member is vital to the deliberations of the meeting, the Board may permit the member to participate
in the deliberations subject to such restrictions as it may impose but such member shall not have the right
to vote on the matter in question.

icipate
in the deliberations subject to such restrictions as it may impose but such member shall not have the right
to vote on the matter in question.

(2) A disclosure of interest made under this paragraph shall be recorded in the minutes of the meeting
at which it is made. (3) A member of the Board who contravenes subparagraph (1) commits an offence and is liable
to imprisonment for a term not exceeding six months, or to a fine not exceeding one hundred
thousand shillings, or both. 4. Execution of instruments
Any contract or instrument which, if entered into or executed by a person not being a body corporate,
would not require to be under seal, may be entered into or executed on behalf of the Board by any person
generally or specially authorized by the Board for that purpose. 5. Minutes
The Board shall cause minutes of all resolutions and proceedings of meetings of the Board to be entered in
books kept for that purpose. SECOND SCHEDULE [s. 31]
RESEARCH INSTITUTES
[Act No. 7 of 2016, Sch., Act No. 35 of 2016, 4th Sch., Act No. 18 of 2018, Sch.]
(a) Food Crop Research Institute. (b) Livestock Research Institute. (c) Deleted by Act No. 7 of 2016, Sch., Act No. 35 of 2016, 4th Sch. (d) Industrial Crop Research Institute. (e) Horticulture Research Institute. (f) Deleted by Act No. 18 of 2018, Sch.

ch., Act No. 35 of 2016, 4th Sch. (d) Industrial Crop Research Institute. (e) Horticulture Research Institute. (f) Deleted by Act No. 18 of 2018, Sch.

(g) Water Resource Management Research Institute. (h) Arid and Range Lands Research Institute. (i) Genetic Resources Research Centre. (j) Biotechnology Research Institute. (k) Beef research Institute. (l) Apiculture Research Institute. 17

Kenya Agricultural and Livestock Research Act (Cap. 319) Kenya
(m) Dairy Research Institute.
(n) Non-Ruminant Research Institute.
(o) Sheep and Goat Research Institute.
(p) Veterinary Science Research Institute.
(q) Deleted by Act No. 7 of 2016, Sch.
(r) Deleted by Act No. 7 of 2016, Sch., Act No. 35 of 2016, 4th Sch.
THIRD SCHEDULE [s. 26(h)]
SECTORAL MINISTRIES
[Act No. 7 of 2016, Sch., Act No. 35 of 2016, Sch., Act No. 18 of 2018, Sch.]
The Ministries for the time being responsible for matters relating to—
(a) agriculture;
(b) regional development authorities;
(c) cooperative development and marketing;
(d) livestock development;
(e) deleted by Act No. 7 of 2016, Sch., Act No. 35 of 2016, 4th Sch.;
(f) lands;
(g) development of northern Kenya and other arid lands;
(h) environment mineral resources;
(i) deleted by Act No. 18 of 2018, Sch.;
(j) water and irrigation.
FOURTH SCHEDULE [s. 58]
FORMER INSTITUTIONS
Spent
18