WORLD TRADE ORGANIZATION 
ORGANISATION MONDIALE DU COMMERCE 
ORGANIZACION MUNDIAL DEL COMERCIO 
Council for Trade-Related Aspects of 
Intellectual Property Rights IP/N/lIKENIPIl 
23 July 2001 
(01-3669) 
Original: English/ 
anglaisl 
ingles 
MAIN DEDICATED INTELLECTUAL PROPERTY 
LAWS AND REGULATIONS NOTIFIED UNDER 
ARTICLE 63.2 OF THE AGREEMENT 
KENYA 
The present document reproduces the textl of the Seed and Plant Varieties Act Cap 326 as last 
amended in 1991, as notified by Kenya under Article 63.2 of the Agreement (see document 
IPINIlIKEN/2). 
Conseil des aspects des droits de propriete 
intellectuelle qui touchent au commerce 
PRINCIPALES LOIS ET REGLEMENTATIONS CONSACREES A LA 
PROPRIETlt INTELLECTUELLE NOTIFIEES AU TITRE 
DE L'ARTICLE 63:2 DE L'ACCORD 
KENYA 
Le present document contient le textel de la Loi sur les semences et les varietes vegetales 
(chapitre 326), modifiee en demier lieu en 1991, notifiee par le Kenya au titre de l'article63:2 de 
l'Accord (voir le document IPINIlIKEN/2). 
Consejo de los Aspectos de los Derechos de Propiedad 
Intelectual relacionados con el Comercio 
PRINCIP ALES LEYES Y REGLAMENTOS DEDICADOS A LA PROPIEDAD 
INTELECTUAL NOTIFICADOS EN VIRTUD DEL P ARRAFO 2 
DEL ARTiCULO 63 DEL ACUERDO 
KENYA 
En el presente documento se reproduce el textol de la Ley de semillas y obtenciones vegetales 
(capitulo 326), modificada por ultima vez en 1991, que Kenya ha notificado en virtud del parrafo 2 del 
articulo 63 del Acuerdo (vease el documento IPINIlIKEN/2). 
1 In English only./En anglais seulement./En ingles solamente. IP/N/lIKENIPIl 
Page 2 
LAWs OF KENYA 
• 
The Seeds and Plant Varieties Act 
CHAPTER 326 
KSh.84 
Revised Edition 1991 (1977) 
Printed and Published by the Government Printer 
Nairobi CHAPTER 326 IP/N/IIKENIPIl 
Page 3 
THE "SEEDS AND PLANT VARIETIES ACT 
ARRANGEMENT OF SECTIONS 
Section PART I-PRELIMINARY 
1-Short title. 
2-Interpretation. 
PART II-SEEDS 
3-Seeds regulations. 
4-Civilliabilities of sellers of seeds. 
5-Defences in proceedings for offences against seeds regulations. 
6-Presumpti.on regarding statutory statements. 
7-Index of names of plant varieties. 
8-Restrictions on sales.: of seeds of unindexed plant varieties. 
9-Performance trials and reports. 
10-0ffences, etc. 
PART Ill-SEED TESTING 
11-Seed testing stations. 
12-Certificates of test. 
13-Use of samples in criminal proceedings. 
14-Tampering with samples. 
PART IV-CONTROL OF IMPORTS AND PREVENTION OF CRoss­
POLLINATION 
I5-Control of imports of potentially deleterious seeds. 
16-Prevention of injurious cross-pollination. 
PART V-PLANT BREEDER'S RIGHTS 
I7-Grant of plantbreeaer's rights. 
IS-Conditions for grant of rights. 
19-Period for which rights exercisable. 
20-Nature of rights. 
21-Protected plant varieties. 
22-Maintenance of reproductive material. 
23-Licences . 
.l4-Regulations. 
25-False representation and jr:tforl!1a.~ion. 
26-Application of Part to Government. 
27-InterpretatioD of ·Part. IPINIIIKEN/P/l 
Page 4 
PART VI-THE SEEDS AND PLANTS TRIBUNAL 
Section 
28-Establishment of Tribunal. 
29-Jutisdiction tit Tribunal. 
P ART VII-GENERAL 
30-Powers of entry. 
31-Institution of criminal proceedings. 
32-General provisions as to offences. 
33-GeneraI penalty. 
34-Supplemental provisions as t~ regulations. 
35-[Spent.] 
SCHEDULES. 1 of 1972. 
Short title. 
Interpretation. CHAPTER 326 
THE SEEDS AND PLANT VARIETIES ACT IP/N/1/KENIPIl 
Page 5 
Commencement: 1st January, 1975 
An Act or Parliament to confer power to regulate transactions 
in seeds, including provision for the testing and certifica­
tion of seeds; for the establishment of an index of names 
of plant varieties; to empower the imposition of restriction 
on the intwduction of new varieties; to control the 
importation of seeds; to authorize measures to prevent 
injurious cross-pollination; to provide for the grant of 
proprietary rights to persons breeding or discovering new 
varieties; to establish a Tribunal to hear appeals 2nd other 
proceedings; and for connected purposes 
PART I-PRELIMINARY 
1. This Act may be cited as the Seeds and Plant 
Varieties Act. 
2. In this Act, unless the context otherwise requires-
"authorized officer", in connexion with any provision of 
this Act, means a public officer authorized by the Minister 
by notice in the Gazette to exercise the functions specified in 
such provision; 
"compulsory licence" means a licence granted by the 
Minrs'ter under sectii'On 23; 
"the Index" means the index of names of plant varieties 
prepared under 'section 7; 
"Minister" means the Minister for the time being res­
ponsible for matters relating to agriculture; 
"plant breeder's rights" means rights granted under 
seCltiion 17; IPIN/lIKEN/P/] 
Page 6 
"plant variety" means an assemblage of cultivated indivi­
duals v/hich are distinguished by any character (morphological, 
physiological, cytological, chemical or otbers) significant for 
the purpose of agriculture, horticulture or forestry, 'and 
which when reproduced (sexually or asexually) retain their 
distlinguishing characters; 
"positive direction" means a positive direction given under 
paragraph 1 'Of the T1hiird Schedule in regard to an application 
for plant breeders' Tiights; 
"seed" means that part of a plant which is or is intended 
to be used for propagation and includes any seed, seedling, 
corm, cutting, bulb, bulbil, layer, marcott, root, runner, scion, 
set, split, stem, stock, stump, sucker or tuber so used or 
intended to be so used; 
"seed analyst" means a suitably qualified person on ths 
staff of a testing station; 
"sell" includes barter, exchange, and offering or exposing 
for sale; 
"scheme" means a scheme relating to plant breeder's 
fIght'S made under Part V; 
"seeds regulations" means regulations made under section 
3' , 
"statutory statement" means a statement given in pur­
suance of seeds regulations, whether the statement be in the 
form of a notice. or other document, or in the form of par­
ticulars given on any labe]' container or package, or in any 
other form, and includes a statement delivered under sub­
seot~on (5) 'Of se:otiion 30; 
"testing station" means an official seed testing station 
established under sectron 11; 
"the Tribunal" means the Seeds and Plants Tribunal estab­
lished '1.lnder \$CotIon 28. PART II-SEEDS IP/N/lIKENIPIl 
Page 7 
3. (1) The Minister, after consultation with representatives Seecb 
of such organizations as he deems to have a substantial interest regulations. 
in the matter to be regulated and of such other interests as 
appear to him to be concerned, may make reo-ulations for the • 0 regulatIOn and control of the production, processing, testing. 
certification and marketing of seeds, and without prejudice 
to 1ihe generaE;ty of ,this power, the regulati'Ons may, in par­
ticular, be made for any or all of the following purposes-
(a) for ensuring that reliable and adequate infonnation 
is afforded as to the nature, condition and quality of 
seeds intended for sale; 
(b) for preventing the sale of seeds which are deleterious, 
or which have not been produced in specified con­
ditions, or which have not been tested for purity or 
germination, or \vhich are of a plant variety of which 
the performance has not been subjected to trials; 
(c) for requiring the registration of persons growing any 
specified crop for the main purpose of seed produc­
tion, or of persons selling any seed; 
(d) for preventing the spread of plant disease by the sale 
of seeds; 
(e) for requiring the treatment of seed, by any specified 
means, for the ceJl1trol of plant disease and regulating 
the importation, quality, testing and sale of any 
material used in such treatment; 
(1) for regulating the descriptions under which seed IS 
sold; 
(g) for regulating, controlling or prohibiting the export 
of seeds; 
(h) for prescribing anything which, under this Part. is 
to be prescribed or which, under any other provision 
of this Act, is to be prescribed by seed3 regulations. 
(2) Seeds regulations may include provisions as to the 
packets, bags, trays or other containers in which seed may be 
sold or delivered to purchasers, and requirements as to the 
marking of such containers. 
(3) Without prejudice to any other provisions of this 
section, seeds regulations may-
(a) require information to be given in a prescribed manner, 
which may include the giving of it on any label, 
container, or package, as regards seeds which are 
sold, and may require the seller to deliver a state­
ment, containing prescribed particulars, to the pur­
chaser within such time as may be limited by the 
regulations; IPlNlIIKEN/P/l 
Page 8 
(h) require any of the particulars contained in such state­
ment to be particulars ascertained on a test of the 
seeds; 
(c) prohibit the selling of seeds which have not been 
certified in the prescribed manner, or which contain 
more than a prescribed proportion of weed seeds, or 
of weed seeds of a prescribed kind, or which lack 
any other prescribed quality factor; 
(d) prohibit the use, in relation to the sale of seeds, any 
prescribed name, designation or description except 
where the seeds have been grown or selected under 
the prescribed conditions; 
(d require persons who deal in seeds to supply to the 
prescribed authority information as to, and to keep 
records of-
(i) transactions in seeds generally or in seeds of 
specified kinds; 
(ii) statutory statements given or received by them, 
and other statements or invoices given or 
received by them in connexion with the sale of 
seeds; 
Oii) processes or treatments applied to seeds; 
(iv) the results of tests of seeds, 
and authorize prescribed persons to ca11for produc­
tion of such records; 
(t) where persons who deal in seeds also grow seeds, 
require such persons to supply to the prescribed 
authority information as to, and to keep records 
of-
(i) acreages sown; 
(ii) the yields of the crops, 
and authorize prescribed persons to call for produc­
tion of such records; 
(g) regulate the procedure to be observed at, and the 
conduct of testing stations and other establishments 
at which tests may be carried out for the purposes 
of the regulations; 
(h) regulate the manner in which tests are to be made 
for the purposes of this Part. Civil 
liabilities 
of sellers 
of seeds. IPINIlIKENIPI 1 
Page 9 
(4) In prescribing the manner in which samples are to 
be taken for the purposes of this Part or of seeds regulations, 
tthe regulatrons-
(a) may impose conditions as to the persons empowered 
to take samples and the places where they may be 
taken; 
(b) may require the person taking a sample to give part 
of it to the owner of the seeds or to some other 
person, may prescribe the manner in which the 
sample is to be divided into parts, and may impose 
duties in respect of the making or labelling and the 
preservation of the parts of the sample; 
(c) may provide for the identification, by the labelling or 
marking of their container, or by some other method, 
of seeds from which a sample has been taken. 
(5) Seeds regulations may exempt, or authorize the 
exemption of, any person or class of persons, or persons 
generally, from compliance with any of the provisions of the 
regulations, and may provide that such exemptions are to be, 
or may be made, subject to conditions. 
(6) Any person who includes in a statutory statement any­
thing which is false in a material particular shall be guilty of 
an offence. 
4. (1) If and so far as seeds regulations provide that a 
statutory statement shall constitute a statutory warranty for 
the purposes of this section, the statutory statement, when 
received by a purchaser, and notwithstanding any contract or 
notice to the contrary, shall have effect as a written warranty 
by the seller that the particulars contained in the statutory 
statement are true. 
(2) If and so far as seeds regulations apply this subsection 
to the particulars in a statutory statement and prescribe limits 
of variation in relation to those particulars, those particulars 
shall, for the purposes of any legal proceedings on a contract 
for the sale of the seeds to which the statutory statement 
relates, be deemed to be true except so far as there is a mis­
statement in the particulars which exceeds the limits of vari­
ation so prescribed. IP/N/IIKEN/PIl 
Page 10 
(3) If and so far as seeds regulations apply this subsection 
to the particulars in a statutory statement, such particulars shall. 
for the purposes of any legal proceedings on Cl contract for 
the sale of seeds to which the statutory statement relates, be 
deemed to be true unless it is made to appear on Cl test carried 
out at a testing station, and made on a sample taken in the 
prescribed manner and within the prescribed period, that the 
particulars were untrue. 
(4) Where a purchaser intends to obtain a test of seeds 
for the purposes of subseotion (3), the sellcT of the seeds 
shall give w6tten notice of such intention n'Ot more 
than Ithe prescribed peri'od after deEveryto the purchaser 
of the seeds under the sale, and seeds regulations shall pres­
cribe a procedure for the taking of a sample of seeds to be 
tested for the purposss of tha1t subsection which will afford 
to the seller of the seeds or his agent an opportunity of being 
present when the sample is taken, and of obtaining part of 
the sample. 
(5) A contravention of seeds regulations shall not affect 
the validity of a contract for the sale of seeds or the right to 
enforce such a contract. 
5. (1) If and so far as seeds regulations for the purposes 
of this section prescribed limits of variation in relation to the 
particulars in a statutory statement, it shaH be a defence to 
proceedings under this Act for including in a statutory state­
ment any false particulars to prove that the mis-statement in 
the particulars alleged to be false do not exceed the limits 
of variation so prescribed. 
(2) Subjeot to this seotio:n, it shall be a defence to 
proceedings-
(a) under this Part for including false particulars in a 
statutory statement; or 
(b) for an offence against seeds regulations relating to the 
the nature, condition or quality of any seeds; or 
(c) for an ofIencc against seeds regulations relating to a 
prescribed name or designation or description, 
to prove-Defences in 
proceedings 
for ofTences 
against seeds 
regulations. Presumption 
regarding 
statutory 
statements. 
Index of 
names of 
plant 
varieties. IP/NIlIKENIPII 
Page 11 
(i) that the accused took all reasonable precautions 
against committing an ofYcnce of the kind alleged 
and had not at the time of the alleged offence any 
reason to suspect that an offence was being com­
mitted by him; and 
(ii) where the accused obtained the seeds to which the 
alleged offence relates from some other person, that 
on demand by or on behalf of the prosecutor the 
accused gave all the information in his power with 
respect to the name and address of that other person 
and with respect to any statutory statement or other 
document in his possession or power relating to the 
seeds and the contract of sale. 
(3) If, in any proceedings under this Part for including 
false particulars in a statutory statement, any of the particulars 
alleged to be false are particulars which, by seeds regulations, 
are to be particulars ascertained by means of a prescribed 
telst, It'he defence under subsection (2) shall nO't be available 
unless ~'t ~'S 'PI'oved-
(a) that those particulars were ascertained on such a test 
and that the test was made not earlier than the date, 
if any, prescribed for the purpose; or 
(b) that-
(i) the accused purchased the seeds from another 
person who, in connexion with the sale, duly 
delivered to the accused a statutory statement 
giving particulars of the seeds which were the 
same as the particulars alleged to be false; and 
(ii) the accused had no reason to believe that para­
graph (a) did not apply 'in relation to those 
rpwt'icuta:rs. 
6. For the purposes of this Part and of any seeds regula­
tions, any statutory statement made in respect of seeds which 
are in distinct portions shall be presumed to be made both 
in respect of the seeds as a whole and also in respect of each 
portion taken separately. 
7. (1) The Mirrri'ster may, ·in accordance with this section, 
cause tt'o bi3 prepared 'an index of names 'of plant varieties for 
use ~n connexiorn Wii'th ;the sale of 'Seeds of ·those variielties. 
(2) The Index shall be compiled in sections, and each 
section shall define the class of plant varieties to which it 
relates in sLlch terms as to make it possible to determine 
whether any plant variety belongs to the class or not, irrespec­
tive of whether that variety is for the time being in the Index 
or not. IPINIlIKENlP1 1 
Page 12 
(3) Different sections of the Index may be prepared, and 
may be brought into force, at different times. 
(4) Notice of the coming into force of a section of the 
Index, and of all additions, corrections and erasures in a 
section of the Index after it has come into force, shall be 
published in the Gazette, and in such other manner as is appro­
priate for ensuring that persons particularly concerned with 
the Index, or with the class of plant varieties to \vhich the 
section of the Index relates, have their attention drawn to it. 
(5) After a section of the Index has come into force, any 
person who, in selling seed of a plant variety for which a name 
is given in that section, uses some name not given in the Index 
for that plant variety, being a name which serves or is intended 
by him to serve to distinguish the seed from seed of other 
plant varieties within the class to which the section relates, 
shall be guilty of an offence. 
(6) The Minister may, for the purposes of this section, 
arrange for the establishment of a reference col1ection of plant 
material. 
(7) The First Schedule shall have effect as to the 
procedure for compiling the Index and the other matters 
therein mentioned. 
(8) In this section and sections 8 and 9 and the First 
Sc:hedule-
"class" means a class of plant varieties to which a section 
of the Index relates; 
"name" includes any designation, and for the purposes of 
those provisions, a plant variety shall not be regarded 
as distinct from another plant unless it is sufficiently 
distinguishable by one or more of such important 
characteristics as may be prescribed. 
8. (1) Subject to this section, after a ~ection of 
the Index has come into force any person who, 111 
sening seed of a plant variety which is within the class to 
which that section of the Index relates, but which is not in 
the Index, uses a name which serves or is intended by him to 
serve to distinguish such seed from seed of other plant varieties 
within that class, shall be guilty of an offence. Restrictions on 
sales of seeds 
of unindcxed 
plant 
varieties. IP/NIl/KENIPIl 
Page 13 
(2) Subseoti'on (1) shall not apply to a pers'on who 
reasonably believes ,that Ithe seed-
(a) is to be used for scientific purposes or for tbe purposes 
of research; or 
(b) will be used outside Kenya. 
(3) \Vhere any person makes, or proposes to make, 
arrangements under which some other person uses seed under 
the control of the first-mentioned person for the purposes of 
increasing the first-mentioned person's stock, or of carrying 
out tests or trials, and under which the whole of the material 
produced, directly or indirectly, from the seed, and any un­
used seed, becomes or remains the property of the first­
mentioned person, subsecdi'On (1) shall not apply-
(a) to a sale of the seed by the first-mentioned person to 
the other person as part of such arrangements; or 
(b) to a sale by that other person to the first-mentioned 
person of seed produced, directly or indirectly, from 
that seed. 
(4) Except as provided by paragraph 3 (3) of the First 
Schedule, ail O;pplicatron for ,the incJus'ion of a plant variety 
in the appropriate seoti'On of the Index a:f1ter it has come into 
force 'shall be granted only-
(0) when the agro-ecological value surpasses that of the 
existing ones in some aspect according to the results 
in official tests; 
(b) is sufficiently distinguishable from any other variety 
whose existence is a matter of common knowledge 
at the time of application; 
Cc) is sufficiently varietal pure and stable in its essential 
characteristics. 
(5) If at any time it appears to the Minister that a deci­
s!rOn cann'ot be given on an applicat'i!on in respect of an 
Index merr~ioned in subsec:tJron (4) within three years 
from the time when the applicant has complied with the 
conditions prescribed under the First Schedule, or if so 
directed by the Tribunal, he shall cause an entry to be 
made in the Index giving to the plant variety concerned such 
provisional name as is appropriate, and when the decision is 
given such correction shall be made to the Index as may be 
necessary to give effect to the decision. IP IN /lIKEN /P /1 
Page 14 
9. (1) The Minister may, by order, bring this section into 
force for any class of plant varieties within the Index, and 
thereafter this section shall apply to any new plant variety 
within that class. . 
(2) For the purposes of this section, a plant variety shall 
be a new plant variety if it was not in the Index on the date 
when the 'Order under subsection (1) came in co force, unless 
if!: has been exempted under subsecti'on (3). 
(3) The Minister may, on an application from any person 
and on being satisfied that seed of a plant variety, although 
not in the Index, was in commercial use in Kenya before the 
order under subseotion (1) came into force, exempt ,uha't plant 
vari'elty from 'the provi:si'oil'S 'Of ,this seotion. 
(4) Subject to this section, it shall be an 'Offence-
(a) to sell seed of a new plant variety to which this section 
applies; or 
(b) to advertise any such seed for use, 
until seed of that plant variety has been submitted for the 
purpose of performance trials in accordance with this section, 
and until a report on the result of such trials has been published 
in the prescribed manner, and this subsection shall apply 
whether or not an offer or advertisement relates only to sales 
after the trials and report. 
(5) Subsection (4) shall not apply :to a sale 'Of any seed 
whioh is myt in Kenya when 'tthe 'Sale is made but, subjeClt to 
this section, where a person ha's acquired se!ed 'Of a new pl'ant 
va:r!ie:ty ·1'0 which this secti'on ~pp1'i'es, being seed which was 
not in Kenya when he acquired it, he shall be guilty of an 
offence if, ,in 'the course of business, he-
(a) uses any of that seed in Kenya as reproductive material 
at any !time when, under subsec~ion (4), ~t ,is unlaw­
full~o seH seed of It!hat plant vaTi'ety; or 
(b) at any time so disposes of any of that seed, otherwise 
than by way of sale, while it is in Kenya as to make 
it available for use in Kenya as reproductive material. Performance 
trials and 
reports. IPINIlIKENIPI 1 
Page 15 
(6) Subseotion (4) shall not apply Ita any sale of the kind 
described iin 'Subsection (3) of section 8 and subseottj:on (5) 
shaUlwt apply Itn ,the use 'Of seed for rthe purpose of carrying 
out tests or Itrials. 
(7) If it appears to the Minister that a new plant variety 
to which this section applies has undergone performance trials 
and that an adequate report of the result of those trials is 
generally available, or that there is any other sufficient reason 
for exempting such variety from the provisions of subsections 
(4) 'and (5), he may direot Ithalt Ithose subsecti'ollS shaH cease 
Iba apply Ita 'Seed 'Of tha:t plant v arielty , but without prejudiice 
Ita any 'lia:bH~ty for any 'Offence previously commi1tted. 
(8) For all new plant varieties to which this section applies 
there shall be a time limit by which, so far as practicable, 
the report on the result of the performance trials is to be 
published, and if such report is not published within such 
ti:rne linli:t,subsec~ions (4) and (5) shaH cease to apply Ito seed 
'Of 'that plan:t varliety, but wi1thout prejudice :to any liabiH'ty for 
'any 'Offence previously commiltted. 
(9) The time limit in respect of an annual crop for the 
purposes of subseobi'On (8) 'shaH, except so far as seeds 
regulations may 'otiherwise pmvide for any class or 
part thereof, be three years from the date on which the per­
formance trials commence. 
(10) Entries made in a section of the Index after an order 
under this section has come into force in relation thereto 
shall-
(a) be made in such a manner as will distinguish those 
entries from all earlier entries, and as will indicate 
which of the later entries relate to plant varieties 
exempted under subseoti'Qfl (3); and 
(b) contain additional entries showing when subsections 
(4) mId (5) 'have ce;a:sed itO apply:1'o seeds of ithe plant 
varieties concerned. 
(11) Without prejudice to any other provision of this 
Part, seeds regulations may provide-
(a) for the manner of making applications under sub­
secitiioH (3)antl of making :a:ppl'iC<lJtions for submi'~ving 
pJ:anit variieJries for performance ItDiaJs; IPIN/1/KENIPIl 
Page 16 
(b) for the information to be afforded by an applicant 
and the materials to be submitted at the time of 
application or subsequently; 
(c) for the manner in which reports are to be published 
and brought to the attention of those concerned; 
(d) for the compiling of a register of applications for the 
submission of seeds for performance trials, of the 
reports of the results of such trials and of the dates 
of publication of the reports, and for including entries 
which will show the date when the time limit under 
subseotion (8) will fall; 
(e) for requiring the publication of notice of any direction 
under subse0~ilOn (7) and i()f any cla:ss where a report 
lis n!()It pubHslTed wi:thlin tthe 'time hm'i't under sub­
seO~ton (8); 
(f) for the payment of fees in respect of matters under this 
section. 
(12) Reference in this section to advertising are references 
to advertising in any medium, including sound and television 
broadcasting, but do not include the communication of 
information in any publication for scientific purposes or pur­
poses of research. 
10. (1) If any information submitted by or on behalf Offencea, etc. 
of-
(a)a person making an application or representations in 
respect of any matter connected with the compila­
tion or alteration of the Index; or 
(b) an appLicant under subsec1tion (3) of sedti'On 9, 
is false in any material particular, and the person giving such 
information knows that it is false, or gives such information 
recklessly, he shall be guilty of an offence. 
(2) Notwithstanding any provision of any other written 
law as to time limits in criminal proceedings, proceedings in 
respect of an offence under sections 7, 8 or 9 may be brought 
aft any !lime no!t m'Ofe Itlhan itwO Ye'a'fS from the date upon 
whioh I~t is alleged Wait such offence wa:s commi'tted. Seed testing 
stations. 
Certifica tes 
of test. IP~/1!KJE~!P/1 
Page 17 
(3) It shall be a defence to proceedings in respect of an 
offence under sections 7, 8 or 9 to pTove-
(a) that the accused took all reasonable precautions against 
committing an offence of the kind alleged and had 
not at the time of the alleged offence any reason to 
suspect that an offence was being committed by him; 
and 
(b) where the accused obtained the seeds to which the 
alleged offence relates from some other person, that, 
on demand by or on behalf of the prosecutor, the 
accused gave all the information in his power with 
respect to the name and address of that other person 
and with respect to any statutory statement or other 
document in his possession or power relating to 
those seeds and the contract of sale. 
PART Ill-SEED TESTING 
11. The Minister shall, either alone or in conjunction with 
any other body, establish one or more official seed testing 
stations. 
12. (1) A certificate of the result of a test by a seed 
analyst of a sample taken by an authorized officer for the 
purposes of any of the provisions of this Act shall be in the 
form prescribed by seeds regulations. 
(2) A certificate of the result of a test at a testing station 
of any sample taken for the purposes of this Act, and purport­
ing to be issued by a seed analyst-
(a) if the sample was taken by an authorized officer, shall, 
if a copy of the certificate has been served on the 
accused, be sufficient evidence of the facts stated in 
the certificate in any proceedings for an offence under 
this Act; or 
(b) if the sample was taken by a person other than an 
authorized officer in order to obtain a test for the 
purposes of subseC'tiiJon (3) 'of section 4, shaH 
be suffic1eTI!t ev"ideiITce 'Of ~ihe faots Slta'ted in tthe 
certificate in any such legal proceedings as are men­
tioned in that subsection, 
unless, in either case, either party to the proceedings requires 
that the person issuing the certificate be called as a witness. IP/N/l/KEN/P/1 
Page 18 
13. (1) Evidence shall not be adduced in proceedings for 
an 'Offence under Pat1t n rcspcot:ing a sample taken by an 
authorized 'Ofticcr unless '[:llc s(lmplc was taken 'ill Ithe ma:nner 
prescribed by seeds regula:tions. 
(2) Seeds regulations shall provide for samples being 
divided into at least two parts, and for one of the parts being 
given to the owner of the seeds or to such other person as 
may be prescribed by seeds regulations, and shall provide for 
a third part of the sample to be retained for production in 
all cases where use may be made of it by the court under 
this section. 
(3) A certificate in the form prescribed by seeds regula­
tions purporting to be issued by an authorized officer and 
stating that a sample was taken in the prescribed manner 
shall be sufficient evidence of the facts stated in the certificate. 
(4) If part of a sample taken by an authorized officer is 
sent to a testing station, it shall be so sent as soon as practicable 
after the sample is taken. 
(5) A copy of a certificate issued by a seed analyst stating 
the result of a test of part of a sample taken by an authorized 
officer shall be sent to the person to whom any other part 
of the sample is given. 
(6) In any proceedings for an offence under this Act 
in respect of seeds which have been sampled by an authorized 
officer, the accused shaH not be required to plead to the charge 
less than fourteen days from the day upon which he has 
received a copy of any certificate of a seed analyst which the 
prosecutor intends to adduce as evidence. 
(7) In proceedings for including in a statutory statement 
false particulars concerning matters which are, under seeds 
regulations, to be ascertained for the purposes of the state­
ment by a test of the seeds, if any sample of the seeds has 
been taken by an authorized officer the part of such sample 
required ita be 'f'eJta:ined 'as ment'i'oned in subsection (2) 
shall be produced at Ithe iheating, and if:'he count, if 
it thinks fit on the request of either party, shall cause the 
part so produced to be sent to a seed analyst who shall transmit 
to the court a certificate of the result of a test of that part 
of the sample. 
(8) [SpentJ. Use of sarnpks 
in criminal 
proceedings. Tampering with 
samples 
Control of 
imports of 
potentially 
d::leterious 
seeds. 14. If any person-IP~/1fKJS~!P/l 
Page 19 
(a) tampers with any seeds so as to procure that a sample 
taken in the manner prescribed by seeds regulations 
for any purpose does not correctly represent the bulk 
of the seeds; or 
(b) tampers with any sample so taken; or 
(c) with intent to deceive, sends, or causes or allows to 
be sent, to any testing station, to be tested for any 
purpose, a sample of seeds which to his knowledge 
does not correctly represent the bulk of the seeds, 
he shall be guilty of an offence and liable to a fine not exceed­
ing five thousand shillings or to imprisonment for a period 
not exceeding 'six mon'tihs 'or to bo/th. 
PART IV-CONTROL OF IMPORTS AND PREVENTION OF 
CROSS-POLLINATION 
15. (1) If it appears to the Minister that It IS necessary 
or expedient that he should be able to exercise the powers 
conferred by this section for the purpose of preventing the 
importation into Kenya-
(a) of seeds whicb, if llsed as reproductive material in 
Kenya, will or may cause deterioration of domestic 
types of varieties of plants by cross-pollination, phy­
sical admixture or other means; or 
(b) of seeds which are unsuitable for use in Kenya be­
cause they are of a type or variety which have been 
developed if). countries with different climate, 
difIerent hours of daylight or other different condi­
tions, 
he may, by order, apply this section to seeds of any type or 
variety specified in the notice. 
(2) An order under this section may provide for excepting 
from a specified type or variety any description of seeds defined 
in any manner and, in particular, any description of seeds 
defined by reference to the country or territory where they 
were grown or from which they have been consigned to Kenya, 
or any seeds which are the subject of a nrescribed certificate. IP/N/lIKEN/P/1 
Page 20 
(3) The importation of all seeds to which this section 
applies is prohibited except under the authority, and in 
accordance with the terms, of a licence granted by an autho­
rized officer, and any person who imports or attempts to import 
any seeds in contravention of this subsection shall be guilty 
of an offence and liable to a fine not exceeding ten thousand 
shillings or to imprisonment for a term not exceeding two 
year-s Of Ita bOfth. 
(4) A licerrce under subseotii'on (3) may be, to any degree, 
geneml or spedific, and may be modified or revoked by an 
aUibh'orfizet1 officelr 'ait any Itime. 
(5) An order under this section shall be made after con­
sultation with representatives of such interests as appear to 
the Minister to be concerned and may-
(a) include provision as to the methods by which import­
ers may be required to prove whether consignments 
of seeds fall within any exception specified in the 
order; 
(b) prescribe the form and manner in which applications 
are to be made for licences and the form of licences, 
and the fees payable therefor; 
(c) contain such other transitional, supplemental and in­
cidental provisions as appear to the Minister to be 
expedient. 
16. (1) This section shall have effect for the purpose of 
maintaining the purity of seeds of any types and varieties of 
plants 'speoified in an 'order under subseotion (2). 
(2) The Minister may by order bring this section into 
force in an area in any part of Kenya in \vhich persons are 
engaged in growing crops of seeds of any type or variety of 
plant specified in the order, if he is satisfied that in that area 
satisfactory arrangements, whether legally enforceable or not, 
have been made for locating such crops so as to isolate them 
from crops or plants which might cause injurious cross-pollina­
tion. Prevention of 
injurious 
cross­
pollination. (3) An order under this section-
(a) shall be made after consultation with the persons 
responsible for the arrangements mentioned in sub­
sedtion (2) and wiJt!h persons representative 'Of such IPINIllKENIP11 
Page 21 
other :.lniteres'ts as a'p'pcar to ,the Mitll:>lLv! to be 
concerned; 
(b) shall state the types and varieties of plants which are 
to be protected by the order; 
(c) shall specify the kinds and crops of plants which are 
to be controlled in the area to which the order relates; 
and 
(d) may relate to more than onc area and, if so, may 
make different provisions under paragraphs (a) and 
(b) in respect of ,t'he different areas to which i{ relates. 
(4) If in any area where this section is in force controlled 
crops or plants are growing anel, on an application made 
in racco'rdance wiibh 'the Second Schedule, the M'inister is 
sa; bisfi ed-
(a) that they are causing, or may cause, injurious cross­
pollination in a protected crop which is being grown 
in that area; and 
(b) in the case of controlled crops or plants which are 
not self-sown, that the person growing them did not 
give to the persons responsible for the arrangements 
l11ei!1ltl'oned 'In srubsecUi'Ort (2) such TI'OIt'ice Df his 
lil1'te:n'tron 1~0 grmv !th:ose crops or plan:ts to the 
flowering stage as would have enabled them to take 
any appropriate steps for altering the arrangements, 
he may serve a notice on the occupier of the land where the 
controlled crops or plants are growing requiring him to take 
such steps as may be specified in the notice for the purpose of 
preventing any of the controlled crops or plants from causing 
or continuing to cause injurious cross-pollination in the pro­
tected crops. 
(5) If the person served with a notice under subsection (4) 
do:es n'olt 'Comply Wit~l '(1:ny requirement ~n the notice, 
tthe Minister may 'authorize any person :to eniter on the 
land concerned and do what the person so served has failed 
to do or, if in the opinion of the Minister that would no 
longer serve the purpose for which the notice was served, 
may take such other action as appears to the Minister apprn-IPINIlIKEN/PIl 
Page 22 
priate for that purpose, and where, when the default occurs, 
further obligations remain under the notice, the Minister 
may also take such action as appe<:'lrs to him appropriate to 
meet the purposes for which those further obligations were 
imposed. 
(6) Vlhere the rvlinister takes any action under sub­
sectti'on (5), 'he may reCOV0r from Ivhe person on wll'Om 
I~he llo!tice wa:s served a sum equal to ,the reasonable 
cost incurred by the Minister or his agents in taking such 
action, and such slim sh:lll be a civil debt recoverable sum­
marily by the Minister. 
(7) Any person authorized jn writing by the lvIinister 
may, on production if so required of his authority, at all 
reasonable times enter on any land, but not into any dwelling­
house, in an area v/here this section is in force for the pur­
pose of ascertaining whether controlled crops or plants are 
growing on the land or of inspecting and taking samples of 
any controlled crops or plants growing on the land. 
(8) A notice under this section or the Second Schedule 
may b0 served by delaying it at, 'or s:-nc1ing it by pre­
pa!id reg'is,te:red pust to, Ithe last krrown address 'of <['he pe:rson 
en whom it is to be served, and if it is not practicable after 
reasonable inquiry to ascertain his name and address, the 
notice may be served by addressing it to him as "the occupier" 
of the 1and and affixing it or a copy of it to some conspicuous 
object on the land. 
(9) Without prejudice to any other proceedings under 
this section, any person who-
(a) unreasonably fails to comply with any requirement in 
a notice under this section; or 
(b) obstructs or impedes, or attempts to obstmct or 
impede, Cl person acting in the exercise of the powers 
conferred by subsection (5) of this section, 
shall be guilty of an offence. 
(l0) In this sec::tron, and 'in Ithe Second Schedule­
"controlled crops or plants" means crops, grown 
for any purpose, of the types of varieties of plants which 
are protected by an order in the area concerned, and such 
additional kinds of crop or plants, whether grown or 
self-sown and whether of those or any other types or 
varieties, as may be specified in such order for the pur­
poses of this definition; Grant of 
pbnt 
breeder's 
rights. 
Cnndirions for 
grant of 
righls. IPINIlIKENIPIl 
Page 23 
"the occupier", in the case of unoccupied land, means 
the person entitled to the occupation of the land; 
"protected crop" means a crop of a type or variety 
of plant which is protected by an order in the area 
concerned, being a crop grown for the purpose of produc­
ing seeds. 
PART V-PLANT BREEDER'S RIGHTS 
17. (1) Rights may be granted in accordance with this 
Part in respect of plant varieties of such species or groups as 
may be specified by a scheme made by the Minister under 
this Part. 
(2) Subject to this Part, plant breeder's rights shall be 
granted by the authorized officer if he is satisfied that the 
condi,tioIlS laiid down 'in secit1ron 18 are fulfilled. 
(3) The Ta1ird Schedule shall 'have effe:ot for the prote:ction 
of an applican't f'Or plant 'bre:eder'·s l;ights pending a dedsi'on 
on his applicaJt.ion. 
(4) Before making a scheme, the Minister shall consult 
representatives of such organizations as he deems to have a 
substantial interest in the matter to be regulated and of such 
other interests as appear to the Minister to be concerned, and 
any scheme-
(a) may make different provision for different species or 
groups of plant varieties; 
(b) may contain such supplemental, incidental and transi.­
tional provisions as appear to the Minister to be 
appropriate; 
(c) may be varied or revoked by a subsequent scheme, 
so, hmvever, that the variation or revocation of a scheme shall 
not prejudice a grant of plant breeder's rights made before 
the variation or revocation takes effect. 
18. (1) The conditions laid down in this section must be 
fulfilled as respect both the applicant for plant breeder's rights 
and the plant variety to wbich the application relates. IPINIlIKEN/PI 1 
Page 24 
(2) An applicant for plant breeder's rights must be the 
person who bred or discovered the plant variety concerned, 
or his slIccessor in title, and the provisions of Part I of the 
Foutilh Schedule shaH have effect regarding prio!1i:ties 
between two or more persons who have independently bred 
or discovered a plant variety. 
(3) A plant variety must conform to the rules set forth 
in Pa:t~t II 'Of the Fomith Schedule. 
(4) References in this section and in the Fourth Schedule 
Jt'O the di'scovery of 'cl. plan1t vwrieJty are rc.ferences to 
1he discovery 'of 'a plan:t var1ie!ty "vhether grO\ving in the 
wild or occurring as a genetic variant, whether artificially 
induced or not. 
19. (1) A scheme shall prescribe the period, not exceeding 
twenty-five years, for which plant breeder's rights are to be 
exercisable. 
(2) As regards fruit trees and their root-stocks, forest 
and ornamental trees and grape vines, the period prescribed 
under this section shall be not less than eighteen years, and a 
statement in a scheme to the effect that a species or group of 
plant varieties fall under this subsection shall be conclusive. 
(3) As regards plant varieties not coming within sub­
seciti'on (2), the period prescribed under Ithis section shall be 
n'clt 1e'Ss ivhan fifteen ye1ars. 
(4) Subject to the following prOVISIOns of this section, 
the period for which plant breeder's rights are exercisable 
shall be the relevant period prescribed by the scheme concerned 
commencing on the day on which the grant of the plant 
breeder's rights takes effect. 
(5) If, on the application of the holder of any plant 
breeder's rights, an authorized officer is satisfied that, for 
reasons beyond the control of the applicant, such holder has 
not been adequately remunerated by the grant of the rights, 
such officer may extend the period for which such rights are 
exercisable, subject to such restrictions, conditions and other 
provisions, if any, as the officer concerned may think appro­
priate so, however-
(a) that the period· as extended shall not exceed twenty­
five years; and Period for 
which rights 
exercisable. Nature of 
rights. IPIN/l/KENIP/l 
Page 25 
(b) where the period as extended is less than twenty-five 
years, no further extension shall be made under this 
su bsection. 
(6) A holder of plant breeder's rights may at any time 
make an application to the authorized officer offering to sur­
render his rights and if, after notice of the application has 
been given in the prescribed manner, and after the prescribed 
procedure for hearing any person on whom the right to object 
has been conferred by the regulations has been followed. such 
officer is satisfied that the rights may properly be surrendered, 
he may accept the offer and terminate the rights concerned. 
(7) The Minister shall cancel the grant of plant breeder's 
rights in any case where he is satisfied-
(a) that any information submitted in the application for 
the grant of the rights, or any information submitted 
by or on behalf of the applicant in connexion with 
the application, was incorrect and that, if the autho­
rized officer l1nd known thnt such information was 
incorrect, he would have reftlSec1 the grant: or 
(h) that facts have been discovered which, if known 
before the grant, would h::rve resulted in the grant 
being refused on the grounds thnt rule 1 or rule 2 in 
Part n 'of ithe Fourth Schedule was 11O't sa:tisficcl lD 
re:s'Pect 'Of the plant variety concerned. 
(8) The auLhorized officer shall revoke or, if it has begun, 
tennin3!te, any cx'tensijon under subsecfion (5) jf at 
any time he is s~tisfied tInt any information submitted 
in the application under that subsection or any information 
submitted by or on behalf of the 8ppIicant, \vas incorrect and 
that, if the true facts had been known before the extension 
had been allowed, the application would have been refused. 
20. 0) Subject 'to iJ:'his Parit, and of anyothor written 
law, f1!he holder 'Of plant breeder's rights ;in a plant variety 
shall have the exclusive right ito do, and to authorilze o,thers 
to do, ithe following-
(a) produce propagating material of the variety for com­
mercial purposes, to commercia1ize it, to offer it for 
sale, to export it, to stock it for any of these purposes 
and to have any or all of their activities perforn1ed. IPINII/KEN/P/I 
Page 26 
(b) in the circumstances described in the Fifth Schedule 
'to exercise the ether rights vllerein spcs1ne:ci, 
and, subject to tbis section, infringements of plant 
breeder's rights shall be actionable at the sui,t 'or the 
bolder of such rights, and in any proceedings for such an 
infringement all such relief, by way of damages, injunction, 
account or o~herwise shall be available as is available in any 
corresponding proceedings in respect of infringements of other 
proprietary righ ts : 
Provided that in so far as the production and the stock­
ing for production of the propagating material of a variety for 
which plant breeder's rights have been granted, is undertaken 
solely for research purposes or for developing new varieties 
in the breeder's own nursery this shall not be deemed to be 
at variance with the exclusive right of the holder of a plant 
breeder's rights. 
(2) Paragraph (a) of subsection (1) shaJI no,t apply 
to the SJ1e of reproductive I11Cttcrial v.':'lich is not in 
Kenya when it is sold, but if any person p!.]rchases sllch 
material outside Kenya and uses it in Kenya as reproductive 
material, the p'JrchasC'. and subsequent use S11<111 together COIl­
stitute an infringement of the plant breeder's rights and the 
purchaser shall be liable to be proceeded against in respect of 
such infringement, and reference in this subsection to using 
reproductive material of a plant variety as reproductive 
material in Kenya includes reference to so disposing of that 
material (otherwise than by way of sale) while it is in Kenya 
as to make i1 available for use in Kenya as reproductive 
material. 
(3) There shall be no right to damages 1ll re~pcct of an 
infringement of plant breeder's rights-
(a) if the person infringing the rights was not aware, and 
had no reasonable grounds for suspecting, that the 
plant variety in question was the subject of such 
rights; or 
(b) in a case where the infringement consists of a breach 
of conditions attached to a licence, if that person 
had no notice of any of those conditions, IP/N/lIKENlPll 
Page 27 
but the person who would, but for the foregoing provisions 
of this subsection, be entitled to damages shall be entitled to 
an account of profits in respect of the infringement, and to 
payment of any amount found due on the account, whether 
any other relief is granted under this section or not. 
(4) The holder of plant breeder's rights may, in authoriz~ 
ing other persons to exercise his exclusive rights, impose any 
conditions .. limitations or restrictions which may be imposed 
by the holder of any other kind of proprietary rights, and 
plant breeder's rights shall be assignable in the same manner 
as other kinds of proprietary rights. 
(5) A sale of the reproductive material of a plant variety 
which is the subject of plant breeder's rights, being a sale by 
the holder of such rights or by any other person authorized 
to grant a licence in those rights-
(a) shall not imply that the seller authorizes the purchaser 
to produce the reproductive material for the purpose 
of sale or export; but 
(b) subject to any express terms or conditions imposed 
by the seller, shall imply that the seller authorizes 
the purchaser to sell the reproductive material sold 
to him. 
(6) In Ithis sedtion and in the Fif'th Schedule references 
tD seEl'ing reproductive material iinc1ude reference:s Ito any 
transadtion effected ;in t,he course of business-
(a) under which the property in the reproductive material 
passes from one person to another; or 
(b) under which such material is made over by one person 
to another in pursuance of a contract under which 
he will use the material for growing further repro~ 
ductive material or other crops, 
and paragraph (b) shaH appJyirrespective of whether 
the 'oon1tmot pr·ovi·dc., that the property in the crop 
will be in the person to be regarded as the seller, or the person 
to be regarded as the purchaser, or a third party, and any 
reference to purchasing or a purchaser shall be construed 
accordingly. IP/N/l/KEN/P/l 
Page 28 
21. (1) The Minister may by regulations under this section 
provide for the selection of names for plant varieties which 
are the subject of applications for plant breeder's rights and 
for the keeping of a register of the names so selected. 
(2) The Minister shall cause notice of all entries made in 
the register, including alterations, corrections and erasures, 
to be published in the Gazette and in sllch other manner as 
appears to the Minister to be convenient for bringing such 
entries to the attention of all persons connected therewith. 
(3) After a section of the Index has come into force, the 
part of the register dealing with the class of plant varieties to 
which that section relates shall, so far as practicable, be com­
bined with the Index. 
(4) Witihout prejudice to the genemlj1ty 'of subsection (]), 
reguIa:t,jl()ns made thereunder may in patticular-
(a) prescribe the circumstances in which representations 
may be made regarding any decision as to the name 
to be registered in respect of any plant variety; 
(6) make provision for the publication or service of notices 
of decisions which are to be made; 
(c) prescribe the times at which, and the circumstances in 
which, the register may be inspected by members of 
the pUblic. 
(5) If, where a name is registered under this section for 
a plant variety, any person uses that name, or a name so nearly 
resembling it as to be likely to deceive or cause confusion, 
i 11 selling-
(a) reproductive material of a different plant variety within 
the same class; or 
(6) where under paragraph 1 of the Fifth Schedule 
plan't breeder's rights 'in the firs't-mentironed 
plant variety have been extended to material other 
than reproductive material, that other material from 
a different plant variety within the same class, 
such use of the name shall be a wrong actionable in proceedings 
by the holder of plant breeder's rights in such. first-mentioned 
plant variety, but it shall be a defence to a claIm for damages 
in any sllch proceedings to prove that the defendant took all 
reasonable precautions aga:nst committing a wrong of the kind 
alleged and had not, when using the name, any reason to 
suspect that it was wrongful. Protected 
plant 
varieties. MaiIHcnanc<! of 
reproducliv<! 
malerb!. IPlNllIKENlP1l 
Page 29 
(6) In this section, "name" includes any designation, and 
references to plant varieties as being within the same class 
are references to them as all being within one class which is 
eithcr-
(a) a class consisting of all plant varieties of the species 
or groups prescribed by anyone scheme; or 
(b) any other class of plant varieties prescribed for the 
purposes of this Sll bsection by any scheme. 
22. (1) The provisions of this section shall apply in 
relation to all plant varieties except such as fall within any 
species or group which is excluded from such provisions by 
a scheme. 
(2) Every holder of a plant breeder's rights sha11 ensure 
that, throughout the period for which the rights are exercis­
able, he is in a position to produce to an authorized oflker 
reproductive material which is capable of producing the variety 
to which the rights relate \'Iiih the morphological and physiolo­
gical and other characteristics taken into account when the 
rights v/ere granted in respect of the variety. 
(3) It shall be the duty of every holder of plant breeder's 
rights to afford to an authorized officer all such information 
and facilities as such officer may request for the purpose of 
ascertaining whether such holder is fulfilling his obligation 
under subsecti'on (2), including faci1.ities for the inspecti'on of 
1'he me.asures taken for the preservation oftlle plant variety. 
(4) If at any time the Minister is satisfied that any holder 
of plant breeder's rights-
(0) has failed to comply with any request made under sub­
section (3); or 
(b) is no longer in a position to fulfil his obligations under 
subsection (2), 
he shall cancel the grant of such rights. IPINIl/KEN/PIl 
Page 30 
23. (1) The holder of plant breeder's rights has the obliga- Licences. 
tion to stock the market with propagating material at reason-
able prices and he may do this by himself or he may grant 
such licences as are necessary to stock the market with 
propagating material on reasonable tem1S and conditions. 
(2) 11he obligation re,ferred to in subsection (1) 
shall 1nc'lude the obligation of {he holder of plant 
breeder's rights to furnish the licensee Wilh the propagating 
material he needs at a reasonable price if be is to make proper 
llse of the licence. 
(3) If the Minister, upon the application of any person, 
is of the opinion that the stocking of the market with the 
propagating material is not adequately ensmed, he shall com­
municate this to the holder of the plant breeder's rights, stating 
the reasons for his opinion ancI shall enable him to remedy 
the situation and, if tbe holder fails to do so, grant any such 
rights as respects the plant variety in the form of a compulsory 
licence to interested parties. 
(4) A scheme may pres:cribe for the purposes of this 
subsection a period or periods for any species or group, or 
different species or groups, of plant varieties and a compulsory 
licence in respect of sLIch plant varieties shall not have effect 
dupjng the specific.d pe.riod commencing on the date upon 
which the plant breeder's rights concerned were granted. 
(5) In entertaining applications for settling the terms of 
compulsory licences, the Minister shall endeavour to secure 
that the plant variety is available to the public at reasonable 
prices, that it is distributed as widely as possible, that it is 
maintained in quality, and that there is reasonable remunera­
tion for the holder of the pbllt breeder's rights concerned. 
(6) A compulsory licence may include terms obliging the 
holder of the plant breeder's rights to make reproductive 
material available to the licensee. 
(7) Where-
(a) the holder of the plant breeder's rights to which an 
application under subseotion (3) relates is, or 
is represented by, a society or other organiwvi'OIl 
which has as its main object, or one of its main 
objects, the negotiation or granting of licences to 
exercise plant breeder's rights, either as the holder 
of the rights or as agent for holders; IP/NIIIKENIPI 1 
Page 31 
(b) an organization, whether claiming to be representative 
of persons requiring licences or not, or a person 
whether requiring a licence or not, applies to the 
Minister for an opportunity of making representations 
concerning the application, and the Minister is 
satisfied that such organization or person has a 
substantial interest in the application and that the 
application involves issues which may affect other 
applicants for compulsory licences under this section; 
and 
(c) if ;the applicant under paragraph (b) is all organization, 
,the Minister is sa!t1isfiedvhat :it is reas'onably 
representative of the class of perS'ons whioh it 
claims Ita represent, 
the Minister shall afford to the organization or person applying 
under paragraph (b) an opportunity of making representations 
to hiim and of being heard by the Minister 'Of by a person 
appointed by the Minister for that purpose. 
(8) The Minister, before granting a compulsory licence 
shall satisfy himself that the applicant is financially and other­
wise in a position, and intends, to exploit the rights to be 
conferred upon him in a competent and businesslike manner, 
and that the grant of such liCence will not compromise the 
maintenance of the reproductive material concerned. 
(9) Without prejudice to the remedies available to the 
holder of a compulsory licence by the taking of proceedings in 
any court, the Minister may, if it is represented to him by any 
person that the holder of the plant breeder's rights concerned 
has failed to meet any obligation imposed upon him by such 
licence, and if he is satisfied that the representations are correct, 
cancel the grant of such plant breeder's rights. 
(10) The Minister may at any time, on application made 
by any person concerned, extend or limit, or vary in any other 
respect, or revoke, a compulsory licence. 
(11) A compUlsory licence may be granted whether or not 
the holder of the plant breeder's rights concerned has pre­
viously granted licences to the applicant for the compulsory 
licence or to any other person, and shall not be an exclusive 
licence. IPlNlllKEN/P/l 
Page 32 
(12) If and so far as any agreement purports to bind 
any person not to apply for a compulsory licence it shall be 
void. 
24. (1) The Minister may make regulations for the pur- Regulations. 
poses of this Part, and without prejudice to the generality of 
that power, Ithe regulations may provide for-
(a) applications for the grant of plant breeder's rights; 
(b) the charging of fees, including periodical fees payable 
by the holders of plant breeder's rights; 
(c) anything which is to be prescribed under this Part. 
(2) Regulations under this section may permit an autho­
rized officer-
(a) in the case of any failure to pay any fees payable in 
connexion with an application to such officer under 
this Part, to refuse such application; and 
(b) in the case of a failure of a holder of plant breeder's 
rights to pay any fees payable in connexion with 
those rights, to cancel the g~ant of those rights, 
with or without a right of appeal, and the regulations may 
provide for the restoration of the application or grant if the 
failure to pay fees is made good. 
(3) Regulations under this section may, In particular­
(a) prescribe the information and facilities to be afforded 
by an applicant for the grant of plant breeder's rights, 
and the reproductive and other plant material to be 
submitted at the time of the application or sub­
sequently; 
(b) prescribe the tests, trials, examinations and other steps 
to be taken by such applicant or an au thorized officer 
before a grant of plant breeder's rights is made, and 
the time within which any such steps are to be taken; 
(c) restrict the making of repeated appliCc'ltions upon the 
same subject; 
(d) prescribe the circumstances in which representations 
may be made upon any matter under this Part; Fal>c 
representation 
and 
information. 
Application or 
Part to 
Government. 
Cap. 40. IPlNllIKENlPll 
Page 33 
(e) make provision for the keeping of registers and records 
of matters under this Part, and the rectification of 
such registers and records, and prescribe the 
circumstances in which they may be insp~cted by 
members of the public; 
(f) make provision for the publication or service of notice 
of applications and decisions made under this Part; 
(g) prescribe the manner of dealing with objections to 
applications under this Part. 
25. (1) Any person who, knowingly or recklessly, makes 
any false representation that he is entitled to exercise any 
plant breeder's rights, or any rights derived therefrom, shall 
be guilty of an ofIence, and for the purposes of this sub­
section it shall. b;; immClt::rial wbe.thr:r or not th~; pl:-d1t variety 
in respect of which sllch representation is made is actually the 
subject of any plant breeder's rights. 
(2) If any information-
(a) submitted in any application under this Part for a 
decision against which an appeal lies to the Tribunal; 
or 
(b) submitted by or on behalf of the applicant in connexion 
with any such application; or 
(c) given in pursuance of a request made under sub­
sect:i'Ol1 (3) of section 22, 
is false in any material particular and the person giving such 
information knows that it is false or gives the information 
recklessly he shall be guilty of an offence. 
26. (1) If any servant or agent of the Government infringes 
any plant breeder's rights or makes himself liable to civil 
proce.e.clings under section 21 and ;the. infringement or 
wrong "is committed with the authority of the Government, 
then civil proceedings in respect of the infringement or wrong 
shall lie against the Government. 
(2) Subjcot to subsection (1), no p.L"ocee:clings shall lie 
against the Government by virtue of the Government 
Proceedings Act in respect of the infringement of plant 
breecler's -l'ights 'or of any wrong mentioned in the subsection. 
(3) This section shall have eITect as if contained in Part II 
of the Government Proceedings Act. rp/NllIKEN/PII 
Page 34 
27. (1) References in this Part to reproductive material 
are references to reproductive material of plant varieties and 
include references-
(a) to seed for sowing; 
(b) to seed potatoes and other vegetative propagating 
material; 
(c) to whole plants, as well as parts of plants, where these 
may be used as reproduCtive mateda1;arid 
(d) to ornamental plants and parts t'hereof when used 
commercially as propagating material in the produc­
tion of ornamental plants and cut flowers. 
(2) References in· this Part to an applicant for .plant 
breeder's rights include, where the context allows, references 
to the applicant's predecessors or successors in title. 
PART VI-THE SEEDS AND PLANTS TRIBUNAL 
28. (1) There shall be a Seeds and Plants Tribunal in 
relraJt'i'On Ita Whlch Itfhe proviskms 'Of lfihe Sixth Sohedule shall 
apply. 
(2) The Minister may make regulations under this section 
in respect of any appeals to the Tribunal under this Act, or 
under any regulations made under this Act, for all or any· of 
the faH owing purposes-
(a) to authorize any person, in addition to the appellant 
and the person whose decision is appeal~d against, 
to appear and be heard as parties to any appeal; 
(b) to provide for suspending, or authorizing or requiring 
the suspension of, the operation of any decision 
pending the final determination of· any appeal in 
respect thereof; 
(c) to provide for the publication of notices or the taking 
of other steps for securing that persons affected by 
any such suspension are informed thereof. 
29. (1) Any person aggrieved by any decislOn-
(a) to refuse any application under subsection (4) of 
section 8 or subsedtll'on (3) 'Of seccit>Il9; ~r .. In1erprotation 
of part. 
Establishment 
of Tribunal. 
Jurisdiction 
of Tribunal. Cap. 49. IPINIl/KENIPIl 
Page 35 
(b) to allow or refuse the grant of plant breeder's rights; 
or 
(c) to cancel the grant of plant breeder's rights; or 
(d) to allow or refuse an application under subsection (5) 
of sedhon 19; or 
(e) t'O tenninate an extension granted under the subsection 
(5) of section 19; or 
(t) to allow or refuse any application made under sub­
'section (1), (7) or (8) of section 23, 
may appea1 to Ithe T1iibunal aga!i:nst 'tha:t decision. 
(2) Any regulations made under this Act may confer 
'rights of appeal to the Tribunal from decisions taken under 
such regulations. 
(3) There shall be a final appeal to the High Court, from 
a, decision of the Tribunal, on any question of law, but subject 
·thereto a decision of the Tribunal shall be final and conclusive. 
(4) The Tribunal shall, in addition to any other jurisdic­
tion conferred upon it, bear and determine any matters agreed 
:to be referred to the Tribunal by any arbitration agreement 
'relating to the infringement of plant breeder's rights, or to 
'matters which include such infringement, but subsection (3) 
shaH nat apply in relatti'on 'to any jurisdictlion conferred by this 
subseOrion. 
(5) The fees payable to the Tribunal for acting under any 
arbitration agreement shall be such as the Tribunal may deter­
mine, and nothing 'in section 11 of the Arbitration Act shall 
be taken as applying to the Tribunal. 
(6) In this section, "arbitration agreement" has the mean­
, ing assigned to it in section 2 of the Arbitration Act. IPIN/lIKEN/P/l 
Page 36 PART VII-GENERAL 
Powers of' 
entry. 30. (1) The powers of entry conferred by subsection (3) 
may be exercised for'lthe purpose of exerolsing--
(a) the further powers conferred by subsections (4) and 
(5); or. '.." 
(b) any powers of calling for, inspecting or taking copies 
of rec~rds or other documents conferred by seeds 
regulatIOns, 
or for the purpose of ascertaining whether there is, or has 
been, on or in connexion with the premises, includin'g any 
vehicle or vessel, any contravention of any of the provisions 
of this Act or any regulations made thereunder. 
(2) This section shall not authorize ent'ry into any premises 
which are used exclusively as a private dwelling. 
(3) An authorized officer may, on production if., so 
required of proof of his authority, at all reasonable hours enter 
any premises---
(a) which he has reasonable cause to believe to be used 
for any purpose of a business in the course of which 
seeds are sold, whether the sale is by wholesale 'or 
retail, and whether the person conducting it acts as 
principal or agent; or 
(b) on which he has reasonable cause to believe that there 
is any seed which has been sold and which are to 
be delivered, or are in the course of delivery, to the 
purchaser, and the power of entry under this para­
graph may be exercised when the seed is in transit 
in the course, of delivery to the purchaser, and in 
particular when it is in any vehicle or vessel in the 
course of delivery. 
(4) An authorized officer may, on any premises, including 
a vehicle or vessel, which he has power under this section, to 
enter, examine any seed which he finds there and may with~ 
out payment take samples of any seed so found. 
(5) The owner of any seeds which are offered or eXJ?os'ed 
for sale, or are stored for the purposes of sale, or any person 
authorized to sell such seeds, may be required by an authorized 
officer to deliver to him such statement, if any, as the person 
selling them would, by seeds regulations, be obliged todelivet 
to a purchaser of such seeds, and to deliver it 'Yithin the time 
prescribed for sllch a statement. 
(6) This section shall apply with regard to-
(a) all kinds of seeds in respect of which an offence may, 
under any circllmstanceS, be committed under seeds 
regulations; and Institution of 
criminal 
proceedings. IP/N/I IKENIPI 1 
Page 37 
(b) seeds of all plant varieties which are within any class 
to which a section of the Index which has come into 
force relates. 
(7) Any person who-
(a) fails to comply with any requirement made under 
subsection (5) of this section; or 
(b) obstructs or impedes, or attempts to obstruct or 
impede, any authorized officer acting in exercise 
of the powers conferred by this section, 
shall be guil ty of an offence. 
31. (1) Notwithstanding any prOVISIon of any other 
-written la\-v as to time limits in criminal proceedings, where 
a part "of a sample has been tested by a seed analyst proceed­
ings" for including in a statutory statement false particulars 
concerning the matters Which, under seeds regulations are to 
be ascertained for the purposes of the statement by a test of 
the seeds, being proceedings relating to the seeds from which 
the sample was taken, may be brought at any time not more 
than six months from the time when the sample was taken. 
(2) If,-at any ."tiine before a test is begun to ascertain 
whether a part of a sample of seeds is of a specified variety 
or type, and not more than six months after the sample was 
taken, the person to whom any other part of the sample was 
given, or any other person, is notified in writing by an autho­
rized officer that it is int~nded to test the seeds and that, 
~fter the test, proceedings may be brought against that person 
for "including in a statutory statement a false statement that 
seeds were of a specified .variety or type, then. notwithstanding 
any provision of any other written law as to time limits in 
criminal proceedings, any such proceedings relating to the 
seeds" from-· which the sample was taken may be brought 
against the person so notified at any time not more than two 
years from the time when the sample was taken. and.a certi­
ficatepurporting to .be issued by an authorized officer and 
stating that a person was so notified shall be sufficient evidence 
of that fact. 
(3) Proceedings for an offence relating to a statutory 
statement yYhich has been delivered to a purchaser of seeds, 
or relating to seeds which have been sold and delivered, may 
be brought" before a court having jurisdiction at the place of 
delivery of the statement or seeds. IP/N/J/KEN/P/J 
Page 38 
32. (1) Where an offence under this Act committed by 
a body corporate is proved to have been committed with the 
consent or connivance of. or to be attributable to any neglect 
on the part of. any director. manager. secretary or other 
similar officer oJ the body corporate. or any person who w~s 
purporting to act in any such capacity. he as well as the body 
corporate. shall be guilty of that offenCe and shall be liabJe 
to be proceeded against and punished accordingly. 
(2) Proceedings for any offence under this Act may, 
without prejudice to any jurisdiction exercisable apart from 
this subsection, be taken against a person before the appro­
priate court in Kenya having jurisdiction in the place where 
that person is for the time being. 
33. A person guilty of an offence under this Act for 
which no other penalty is provided shall be liable to a fine 
not exceeding three thousand shillings or to imprisonment for 
a perioo not exceeding Ithree mon'ths 'Or 'to both. 
34. Any regulations under this Act-
(a) may make different provision for different types or 
classes of plant varieties, for different seasons of 
the year, and for other .different circumstances; 
(b) may contain such supplemental. incidental and transi­
tional provisions as may appear to the Minister to 
be expedien t; 
(c) may provide penalties not exceeding those mentioned 
in section 33 of this Act for any breach of the 
regulations. 
35. [Spent.] 
FIRST SCHEDULE (s. 7) 
PROCEDURE FOR COMPILING AND AMENDING THE INDEX 
1. (1) As a first step in compiling a section of the Index, the 
Minister shall, after consultation with representatives of such 
organizations as he deems to have a substantial interest in the matter 
to be regulated and of such other interests as appear to him to be 
concerned, cause to be prepared a provisional list of plant varieties 
which are within the class of plant varieties to which the 'section of 
the Index will. relate, and the seeds of which are in commercial use 
as reproductive material. General 
provisions 
as to 
offences. 
General 
penalty. 
Supplemental 
provisions 
as to 
regulations. FIRST SCHEDULE-(Contd.) IPINIlIKENIPIl 
Page 39 
(2) The Minister shall publish the provisional list in the Gazette 
and in such other manner as appears to him appropriate for ensuring 
that the persons particularly concerned have their attention drawn 
to the list, and shall publish with the list a notice giving the necessary 
information as to the manner in which and time within which 
applications seeking additions, corrections and erasures may be made. 
(3) The Minister may bring a section of the Index into force 
notwithstanding that the section is incomplete because the Minister 
has. not come to a detennination in regard to any particular plant 
varieties. 
2. The Minister may, at any time after a section of the Index 
comes into force, entertain applications from persons seeking additions, 
corrections or erasures in that section, and may make such additions, 
corrections and erasures as may appear to him to be called for not­
withstanding that no application has been made in that behalf. 
3. (1) If at the time when a name, or more than one name, is 
being selected for a plant variety for the purposes of the Index, there 
are one or more names which are for the time being in use for that 
plant variety, that name, or names from among those names, shall be 
preferred unless the Minister is satisfied that there are special circum­
staf).ces calling for the use of a name or names not so in use. 
(2) The Minister may require a person making an application for 
the inclusion of a plant variety in a provisional list, or in a section 
of the Index, to submit a name for that plant variety. 
(3) If it appears to ·the Minister that no name in use or sub­
mitted to him is suitable, he may refuse to include the plant variety 
~in the Index. until a name has been ·submitted which is, in his opinion, 
suitable. 
4. The Minister may require persons making applications which 
involve the question whether two or more plant varieties are distinct, 
to supply information and material for carrying out examinations, 
trials and tests. 
5. (1) The Minister, after consultation with representatives of 
such interests as appear to him to be concerned, may· make 
regulations-
(a) governing the form and manner in which applications may be 
made under this Schedule; 
(b) prescribing the period within which a person making 
application under this Schedule is to supply material or 
information in support of his representations; 
(c) prescribing the quantity and kind of material to be so 
supplied~ IP/N/lIKEN/P/l 
Page 40 
FlRST SCHEDULE-(Contd.) 
(d) prescribing the manner in which applications are to be made 
in respect of any matter connected with the alteration of th~ 
Index, and for· the information to' be afforded' and, the 
material to b,e submitted, in connexion with any such 
application. 
(2) Regulations under this paragraph may prescribe the fees to 
be charged for carrying out examinations, tests and trials and for 
maldng searches in the Index. 
SECOND SCHEDULE (5. 16) 
CROSS-POLLINATION INJURING PROTECTED CRoPS 
1. An applicaIbi'On 1l;nder seo:ion 16 seeking .tJhe issue of a, notice 
under Ithait section sihaU be in writi,ng. 
2. Before deciding whether to issue a notice in accordance with 
the application, the Minister shall serve a notice on the occupier of 
the land concerned giving him particulars of the application and 
informing him of his right to make representations. 
3. The Minister shall, if so requested within such time as may 
be spe:Clified in :the no:'ice under paragraph 2, lafford Ito rthe applica'l1;t 
alnd ''bo Ithe occupier of the -lan.d an OPPofltuni1ty of appearin:g before 
I3JI1d making represen~"ations rt:o a person appotlUlted by ,tilie Minister for 
lthe purpose. 
4. In deciding whether to issue a notice in accordance with the 
application, and in deciding the terms thereof, the Minister shall 
have regard-
(a) to the need to maintain, in the interests of the' pu bIic, the 
purity of the seed of the protected crop; 
Cb) to the degree to which the,injurious cross-polJiryati9n will 9r 
may diminish to the value of the protec~ed crop or disturb 
arrangements made for the, purpose of maintaining the purity 
of the seeds thereof; 
Cc) to the value, if any, of the controlled crops or plants and the 
inconvenience or disturbance involved in complying with a 
notice. 
TIllRD SCHEDULE (s. 17) 
PROTECTION OF APPLICANT FOR RIGHTS WHILE APPLICATION IS 
PENDING 
1. (1) An applicant for the grant of plant breeder's rights shall, 
in his application, state whether he is also applying for a direction by 
the authorized officer under this Schedule in respect of the plant 
variety to which the application relates. THIRD SCHEDULE-(Contd.) IP/N/1/KENIP/1 
Page 41 
(2) An applicant applying for a protective direction shall include 
in lthe appliC3Jtion an undieI1Daking ,t'O rthe effect Jth:aIL, subject to 
the, exceptions in ,suhpa'ragraph (3) in the peri10d between !he 
malking of tihe applica:ti'on and tthe rtrime when tthe question 
whether the application is to be allowed or refused is finally deter­
mined (or, if the ,undertaking is discharged under this Schedule at an 
earlier time, until that time) no plants of the plant variety, and no 
material forming part of, or derived from plants of that variety, will 
be offered or exposed for sale or sold in Kenya by the applicant or 
with his consent. 
(3) An undertaking under this paragraph shall not prevent the 
applicant from making an offer for sale or sale which in the period 
before the application would be permitted by subparagraphs (3), 
.(4) 'or (5) of paTagraph 2 of Pmit II of tthe Fo.ur1fu, Schedule, 
or It!he exposure for sale 'Of ma1erial where :an 'Offer for sale 
of that material would be so permitted. 
(4) If the authorized officer is satisfied that the applicant has 
duly given the undertaking, and that he has furnished that officer 
with all such information, facilities and material as that officer may 
require for the purposes of the application for the grant of plant 
bre~der's rights, the officer may, if he thinks fit, give a protective 
dir~cfion. ' 
(:') The authorized officer shall not give a protective direction if 
if there is any evidence before him which tends to show that the 
applicant, or the person whose successor in title the applicant claims 
to .be, is not the person who bred or discovered the plant variety to 
which the application relates. 
2. (1) While a protective direction is in force, anything which, 
if the plant breeder's rights to which the application in question relates 
had been granted, would have constituted an infringement of those 
rights, or would 'Uln'cier subsection (5) of s0;:,tion 21 have been 
acmionable in prdceeci:ings by the holder of Ithose rig-Ms, may be 
the subject of proceedings under this paragraph. 
(2) Proceedings may be brought under 'this paragraph, by the 
applicant in whose favour the protective direction is made, against 
any person for an injunction requiring that person, while the protec­
tive direction is in force, not to do any of the things which may be 
the subject of proceedings under'this paragraph, and the court may, 
if it thinks fit, grant an injunction accordingly on such terms as appear 
to the court to be just. 
(3) An undertaking not to institute or prosecute proceedings 
under this paragraph, whether or not any consideration is given for 
rhe undertaking, shall be void, and if the authorized officer is satisfied 
that an applicant in whose favour a protective direction has been given 
has given any such undertaking, whether or not the undertaking be 
enforceable at law, he shall with.draw the protective direction. IP/NI1 IKEN/PIl 
Page 42 
THIRD SCHEDULE-(Contd.) 
(4) A protective, direction shall cease to be in force when the 
question " whether, the', app~cation -for. the grant of plant breeder's 
rights is' to be' allowed or refused is finally determined, or at such 
earlier time as is" provided under the provisions of this Schedule. 
3. (l)The authorized officer may at any time, if in all the 
circumstances it appears to him to be just, withdraw a protective 
direction, and shall do so if he is satisfied that there has been a breach 
of the undertaking given by the applicant under paragraph 1 of this 
Schedule',' 
(2) The undertaking given by an applicant under paragraph 1 
&haft! cease Itlo be bindiing when '1fhe prDltrotive driredtli.OU1 [S withdrawn. 
4. (1) If at any time the authorized officer is satisfied that there 
has been a breach of :the undertaking given under p3.rJ'graph 1, he may 
refuse trhe applioafbion for ilhe g:rarnt 'Of plaJn1t breeder'lS rigJhts. 
(2) If there is a breach of an undertaking given under para­
graph 1 rtJhe applicant shaH be guiMy of an offence, 
FOURTH SCHEDULE (s. 18) 
PART I-PRIORITIES BETWEEN ApPLICAl"ITS FOR RIGHTS 
1. (1) If the plant variety was independently bred or discovered 
by two or more persons, the first of those persons who makes an 
application relating to that variety in the form prescribed for the 
PllI1p'cYses 'Of ;t1his Schedule by regulcutii'ons under seati'OIn 24 shall be -the 
perSJOll eDltfutled itJo rtfue grant of plant breeder's r.i:gbits. 
(2) As between two persons making applications on the same 
date, the one who was first in a position to make a valid application 
for the grant of plant breeder's rights, or would have been first in that 
position if Part V of this Act and the relevant scheme had always 
been in force, shall be the person entitled to a grant of plant breeder's 
rights. 
2. (l) For the purposes of paragraph 1 of this Part, an applica­
tion duly made in a country to which this paragraph applies when 
the application is made shall be treated as jf duly made under this 
Act if the conditions in this paragraph are satisfied. 
(2) No account shall be taken under this paragraph of an appli­
cation made in a country outside Kenya at a time when the plant 
variety to which the application relates was not one falling within 
a species or group prescribed by a scheme as a species or group in 
respect of which plant breeder's rights may be granted. 
(3) Not more than twelve months after the application duly made 
in that country, the applicant must make his application under this 
Act in the form prescribed for the purpose by regulations under 
seclt!ion 24, being a form which inoludes a' ol:aim tn respect 
of the priority of the application in the said country. FOURTH SCHEDULE-(Contd.) IP/N/lIKEN/P/l 
Page 43 
(4) Within three months of the application under this Act, a 
copy oif .tllie do.:mmelJ!tts constitutling \the appJiccutllo1n in tbe couIJrt:ry, 
certified as correct by the authority in that country to whom the 
application is made, must be submitted to the authorized officer. 
(5) If applications have been made in more than one country to 
which this paragraph applies, and have been so made at different 
dates, the period of twelve months mentioned in subparagraph (3) 
shall be ltaken from ,t!he earlier 'or ear.liest of those Ialpplicaltllons, and 
subpara1graph (4) shall tbe construed accordingly. 
(6) If priority is established for an application by virtue of this 
paragraph after a grant of plant breeder's rights have been made in 
pursuance of an application against which the priority is established, 
the authorized officer shall cancel that grant. 
(7) The Minister may, by notice in the Gazette, designate any 
country or territory as a country to which this paragraph applies, and 
may from time to time vary or revoke any such order. but not so as 
to prejudice applications already made in Kenya or elsewhere. 
3. Regu1:a:tii:ons under .seomon 24 may provide for ;the forfeiture 
'of H'ny priorilty 'obtaJined under Ithis Schedule if rthe perSDn 
maJking Ithe :arppli'Cait<i~o'n does not, mtbin a period prescribed 
by the regulations, satisfy all the requirements which are to be satisfied 
by an applicant before a grant of plant breeder's rights can be made. 
PART II-RULES FOR GRANT OF RIGHTS 
1. (1) The plant varietY shaH-
(a) be sufficiently distinguishable by one or more important 
morphological, physiological or other characteristics from 
any other variety whose existence is a matter of common 
knowledge at the time of the application, whatever may have 
been the origin, artificial or natural, of the initial variation 
from which it resulted; 
(b) be sufficiently varietal pure; 
(c) be sufficiently uniform or homogenous having regard to the 
particular features of its sexual reproduction or vegetative 
propagation; 
(d) be stable in its essential characteristics, that is to say, it must 
remain true to its description after repeated reproduc~ion 
or propagation or, where the application prescribes a 
particular cycle of reproduction or multiplication, at the 
end of each cycle, 
and the agro-ecological value must surpass, in one or more character­
istics, that of existing varieties according to results. obtained in. official 
tests. IP/N/lIKEN/P/1 
Page 44 
FOURrn SCHEDULE-(Contd.) 
(2) For Ithe purposes of subparagrBJph 0), oommon knowledge 
may be estJabLi-9hed by reference il!o plant varieties already 
~n cuLtiva!tion or exploited for commercial purposes, or itfrlose 
included in a recognized commercial or botanical reference collection, 
or those of which there are precise descriptions in any publication. 
2. (1) Subject to this Schedule, in the period before the scheme 
by virtue of which the application is made came into force, no plants 
of the variety, and no material forming part of, or derived from, 
plants-of the variety may have been offered for sale or sold by any 
person in Kenya or elsewhere. 
(2) Subject to this Schedule, in the period-beginning with the 
date when the said scheme came into force and ending with tl;1e date 
of the application, no plants of the variety and no material foiming 
part of, or derived from, plants of the variety, may have been offered 
for sale or sold by or with the consent of the applicant in Kenya 
ur elsewhere: 
Provided that the restriction imposed by this subparagraph shall 
not apply to sales or offers for sale made outside Kenya during the 
period of four years ending with the date of the application. 
(3) Subparagraphs (1) and (2) shall not apply-
(a) to an offer for sale of a stock of material of any plant variety 
in connexion with an offer for sale of the title to apply for 
the grant of plant breeder's rights in respect of that plant 
variety; or 
(b) to any sale of material of any plant variety if at the time of 
the sale or subsequently the purchaser becomes the person 
entitled to make an application for the grant of plant 
breeder's rights in respect of that plant variety. 
(4) Where an applicant makes, or proposes to make, arrange­
ments under which some other person uses reproductive material of 
the plant variety under the control of the applicant for the purpose 
of increasing the stock of the applicant, or of carrying out tests or 
trials, and under which the whole of the material produced, directly or 
indirectly, from that reproductive material, and any unused 
reproductive material, becomes or remains the property of the 
applica:n:t, /tiben subparagraphs (1) and (2) Shall n:o!t apply-
(a) to a sale or offer for sale of the reproductive material by the 
applicant to any such person a~ part of such arrangements; 
or 
(b) to a sale by such person to the applicant of the material 
produced, directly or_. jndirectly, from _ that reproductive 
material. FOURTH SCHEDULE-(Contd.) IPINIlIKENIPIl 
Page 45 
3. (1) Where an application. for the. grant of plant breeder's 
rights is made at a time not later than twelve months after this Part 
comes into operation, and the applicant does no.t ask for a protective 
direction, subparagraphs (1) and (2) of paragraph 2 of this Part 
shall not apply to an offer for sale or sale in the period beginninO' 
six months before this Part comes into operation and ending with that 
time if the authorized officer is satisfied that the applicant took all 
steps reasonably open to him to ensure that any person to whom 
material of the plant variety has been offered or sold during the 
said period has been informed in writing that an application for a 
grant of plant breeder's rights may be made in respect of the variety. 
(2) Where an application is allowed by virtue of this paragraph, 
subsedtion (2) of secti'oTI 23 sha1!l nort apply t'o lCilny compulsory licence 
granted in reiSIpCclt of ltihe plant vad-ety Ita whioh the applioa;tio'11 
relaJtes. 
FIFfH SCHEDULE (s. 20) 
Pr..ANr BREEDER'S RIGHTS IN SPECIAL CASES 
Sale of cut blooms, fruits, etc. 
1. (1) If it appears to the Minister that, in the case of any species 
or group of plant varieties, plant breeders will not receive adequate 
remuneration unless they have control civer the production or propa­
gation of the plant variety in Kenya for the purpose of sales of 
cut blooms, fruit or some other part or product of plants of the 
variety, and the control \vill be of substantial benefit to the plant 
breeders, he may, by a scheme, provide that, in respect of any plant 
variety of the species or group prescribed by the scheme, plant 
breeder's rights shall include the exclusive right to, and to authorize 
others to, produce or propagate that variety for the purpose of selling 
such parts or products of the variety as may be prescribed by the 
scheme. 
(2) A scheme conferring any such rights may also provide that 
plant breeder's rights shall include the exclusive right to, and to 
authorize others to, sell the parts or products of the variety in relation 
to which the rights are extended in so far as they are obtained by the 
seller from plants of the variety which the seller has himself produced 
or propagated. 
Use of reproductive material for production of certain other 
plant varieties. 
2. Plant breeder's rights shall include the exclusive right to, and 
to authorize others to, use the reproductive material of the plant 
variety concerned for the purpose of producing; in order to sell it, 
the reproductive material of another plant variety if, but only if, the 
nature of that other variety is such that repeated production of the 
reproductive material of that other variety is not possibJe without the 
repeated use of reproductive material of the plant variety to which 
the rights relate. IPINI1 IKEN/PI1 
Page 46 
SIXTH SCHEDULE. 
THE SEEDS AND PLANTS TRIBUNAL 
The Chairman (s. 28) 
1. (1) The Minister shall appoint a chairman for the Tribunal 
who shall be anJ. advo0aite. 
(2) The appointment of the chairman shall be for such tenn as 
the Minister may specify in the instrument of appointment, and a 
person who ceases to hold office as chairman shall be eligible for re­
appointment. 
(3) The chairman may at any time resign his office by notice in 
writing to the Minister. 
(4) If the Minister is satisfied that the chairman is unfit to con­
tinue in office or incapable of discharging his duties. he may revoke 
the appointment of the chairman. 
2. In the case of the temporary absence or inability to ad of the 
CliJ airman , ilihe Minister may appoint any (t,l[ierJperson' who. is".~ an 
advo:BJte1:o aot as deputry for itlhe chainuan, alDd a person so appointe'd 
shall, when S0 acting, !have <lil!l 'bhe funotions 'Of It!ht? chairman: 
The Panels 
3. (1) The Minister shall draw up and from time to time revise­
(a) a panel of persons who have wide general knowledge in the 
field of agriculture, horticulture or forestry; and 
(b) a panel of· persons who have specialized knowledge of 
particular species or groups of plants, 
and the members of the Tribunal, other than the chairman and 
deputy chairman, shall be selected from those panels in accordance 
with this Schedule, 
(2) The power to revise the panels shall include power to 
terminate a person's membership of either of them .. 
Remuneration 
4. The Minister may pay to members of the Tribunal such 
remuneration and such. allowances as the Minister may, with the 
approval of the Treasury, determine. 
Procedure 
5. (1) The jurisdiction of the Tribunal shall be exercised by 
three members consisting of the chairman and a member selected 
from each of the two panels, and references in this Act to the 
Tribunal shall be construed accordingly. 
(2) The member from the panel of those with specialized 
knowledge shall be selected for his knowledge of the subject matter 
of a particular case or class or group of cases. SIXTH SCHEDULE-(Contd.) IP/NI 1 IKENIPII 
Page 47 
(3) The members of the panels who are to deal with any case 
shall be selected as follows-
(a) the Minister may select a member or members to deal with 
that particular case or class or group of cases; or 
(b) the Minister may select for a class or group of cases members 
from amongst whom members to deal with any particular 
case shall be selected by the chairman. 
(4) Any decision of the Tribunal shall be taken, in the event of 
a difference between the members, by the votes of the majority. 
(5) If, after the commencement of the hearing of any proceed­
ings before the Tribunal, one of the three members of the Tribunal 
becomes incapable of continuing to hear the proceedings on account 
of sickness or for any other reason, the proceedings may, with the 
consent of all parties thereto, be continued before the remaining two 
members of the Tribunal and heard and determined accordingly, but 
if the two members differ in opinion the case shall, on the application 
of any party to the proceedings, be re-argued before and determined 
by the Tribunal as ordinarily constituted .. 
, . 
(6) A decision of' the Tribunal shall not be questioned on the 
ground that a member was not validly appointed or selected. . 
6. (1) The Tribunal, in exercising its statutory jurisdiction, may 
order any party to the proceedings to pay to any other such party 
either a specified sum in respect of the costs incurred by the second­
mentioned party, or the taxed amount of those costs, and any costs 
required to be taxed for that purpose shall be taxed in the same 
manner and on the same scale as costs in a subordinate court of the 
first class. 
(2) The Chief Justice may make rules as to the procedure in 
connexion with proceedings before the Tribunal in exercise of its 
statutory jurisdiction and as to the fees chargeable in respect of those 
proceedings, and in particular the rules may make provision-
. (a) as to the circumstances in which the Tribunal need not, or 
shall not, sit in public; 
(b) as to the form of any decision of the Tribunal; 
(c) as to the time within which such proceedings are to be 
instituted; 
(d) as to the evidence, and the form thereof, which may be 
required or admitted; 
(e) as to the examination of the parties and of witnesses; 
(f) as to the procedure for securing the attendance of witnesses 
and the production of documents. 
(3) The chairman of the Tribunal shall have power to administer 
oaths to witnesses in any proceedings before the Tribunal. 
(4) In this paragraph, "statutory jurisdiction" means any jurisdic­
tion of the Tribunal exercisable by or under this Act or any other 
written law, except for its jurisdiction in any reference under an 
arbitration agreement. 
• IPlNII IKEN/P/l 
Page 48 
SUBSIDIARY LEGISLATION 
Reb'1llations under section 3 
THE SEEDS AND PLANT VARIETIES (SEEDS) 
REGULATIONS 
1., These Regulations may be cited as the Seeds and Plant 
Varieties (Seeds) Regulations. 
2. In these Regulations, unless the context otherwise 
requires-
"authorized officer" means a public officer appointed b:y 
the Minister under section 2 of the Act; 
''basic seed" means a mixture of two or more seed lots of 
the samecultivar of different origin into one composite' bulk; 
"breeder's seed" me~ns seed 'wh"i'ch has b'een produced 
by a person or institution responsible for the maintenance 
of the cultivar;' " , 
"certified seed" means progeny of basic seed or certified 
seed of higher classes; 
"cultivar" means a subdivisonof- any' seed species which 
can be distinguished from other subdivisions of that species 
by means of 'growth,. plant type; flower or other physiological 
characteristics; , 
"compulsory certification" means mandatory certification 
for those cultivars that have been tested in National Performance 
Trial, officially released and indexed; 
"Director" means the director of the National Seed Quality 
Control Service; 
"dressing" means a stage of seed processing where appli­
cation of chemical substances on the surfaces of seeds is done 
for the purposes of controlling pests or diseases; 
"field inspection" means an examination of, a crop seed 
field including checking for effective isolation distance, hectar-, 
age of the seed field, off-types, foreign cul'tivar and diseased 
plants as part of the seed certification programme; , " 
"Government certifi,ed seed': means seed, in respect of 
which a certificate has been issued in accordance with these 
Regulations; 
"germinated seeds" means lots in' respect of which in the 
course of' germination tests' have produced seedlings :With 
normal growth characteristics of the shoot and root systenis;, 
"Government tested seeds" means seed lots tested in 
accordance with the~e Regulations' 
"isolation" means the required distance or time, between 
two crops of the same species or between two crops of too 
closely 'related species ,to" prev~nt con~amination either 
mechanically or bY.l?ollin?-rlon; -[Subsidiary J 
L.N.2S7/91; 
LJN.464/91. 
Citation. 
lnteroretation. [Subsidiary] 
Cap. 325. IP/N/l/KENlPll 
Page 49 
"labelling" means the process of affixing a tag or identifica­
tion mark so as to ensure correct identification of any container 
of seed; 
"licensed seed seller" means any person or institution 
licensed to sell Government tested and certified seeds only; 
"noxious weeds" means a plant declared to be a Iloxious 
weed under section 3 of the Suppression of Noxious Weeds 
Act; 
"off-type plant" means a plant which does not exhibit the 
recognized and prescribed growth habits and characteristics of 
the cultivar being grown; 
"official seed tester" means an officer designated to be an 
official seed tester by the authorized officer; 
"official seed sample" means a seed sample taken in 
accordance with 'these Regulations; 
"parental material" means the propagating material from 
which the breeder's seed is raised; 
"post control" means the growing of plants from seed lots 
which have been certified to further determine and confirm 
cultivar purity and freedom from disease infection; 
"pre-basic" means progeny of breeder's seed; 
"private sample" mean:s any sample submitted to the seed 
testing laboratory other than the official sample; 
"purity" means the percentage by weight of pure seeds as 
determined by purity analysis in the seed laboratory; 
"pure germinating seed" means the proportion of pure 
seed in a seed lot capable of germinating into normal seedlings 
under optimal germination condition's; 
"records", means any records required to be kept under 
these Regulations; 
"registered seed grower" means a person or institution 
officially recognized by the authorized officer <lnd the Slied 
allocation panel as suitable to grow seed crops; 
CCregistered seed merchant" means a person or firm or 
institution officially recognized by the Seed Committee as suit­
able to produce, process or sell seed; 
"sealing" means, the stage in processing whereby a seed 
container is sealed to 'Qrevent any tampering;' IP/N/1/KEN/PIl 
Page 50 
"seed" means that part of the crop species which is used 
for propagation either as a seed in botaniCal sense which is 
developed from a fertilized ovule, or a seeciling, ot some other 
parts sueh as a corm, elitting, bulb, toot scion, set, split, tubet 
or stem, which is not a seed in a botanical sehse and which is 
used for vegetative propagation; 
"seed analyst" meahs a suitably qualified person Oh the 
staff of an official testing station; 
"seed class" means a stage in Cl. seed mUltiplication system 
well defined in respect of parental seed standards of cultivation 
and seed quality; 
"seed health" means the degree of freedom from seed 
borne diseases and pests; 
"seed crop" means a crop that 1S grown for the specific 
purpose of producing seed; 
"seed industry" means the entire chain linked stages that 
start with breeding and crop improvement through seed multi­
plication, processing, certification and ends with seed distribu­
tion; 
"seed inspector" means a suitably qualified person on the 
staff of the official inspection station; 
"seed lot" means a specified quantity of seed which 
measures to prescribed maximum weight and which is re­
presented by one sample in laboratory seed testing or in post 
control plots, and is homogeneous and physically identifiable 
by a unique reference number; 
"seed processing" means all those treatments that the seed 
IS subjected to other than testing, between harvesting and sale; 
"seed production" means all the operations leading up to 
and inc1 uding final harvesting of the seed from the :;eed crop 
field; 
"seed quality" means seed lots that have met the minimum 
standards and hence are of high cultivar purity, high genetic 
and physical purity, are free from noxious weeds, seed borne 
diseases and pests and have germination capacity; 
"seed testing" means the examination of a sample of seed 
with a view to determining its quality for the purpose of 
producing a specific commercial crop; 
"seed testing laboratory" means a laboratory Jor the testing 
of seed declared by notice in the Gazette to be -a seed testing 
laboratory in accordance' with the provisions of the Act; [Subsidiary] (Snbsidiary] 
Prescribed 
seeds. 
Seed testing 
station. 
Seed regulation 
committee. IP/N/1IKENIPI1 
Page 51 
"standard" means the level of quality achieved during field 
inspection or a laboratory test as defined in these Regulations; 
«standard seed" means seed that is marketed after standards 
have been relaxed on account of emergency or disaster so that 
such seed is subjected only to laboratory tests and post 
control observation; 
"storage" means a stage of seed processing in which seed 
is maintained in a condition such that miniinum deterioration 
of seed lots occur; 
"technical grounds" means grounds for appeal in cases of 
rejection in hybrid seed production where an inspector did 
not consider all the factors of the seed crop prior to rejecting 
the crop; 
"test report" means a seed testing laboratory report made 
on a private sample and on official seed sample; 
, , 
"tested seed" means a sample of an official seed lot in 
respect of which these are valid laboratory test certificates; 
"Tribunal" means the Seeds and Plants Tribunal establish­
ed under section 28 of the Act; 
"weed" means any plant of type or species different from 
a crop species growing in or near a registered seed crop so as 
to constitute a threat to the registered seed crop or the seed 
produced from it. 
3. The seeds of the plant species set out in the First 
Schedule shall be the prescribed seeds for the purposes of the 
Act. 
4. The 'National Seed Quality Control Service established 
under section 11 of the Act shall be the official seed testing 
station. 
5. (1) There shall be a committee to be known as the Seed 
Regulation Committee, which shall consist of-
(a) the Director of Agriculture, who shall be the chairman; 
(b) the Director, Kenya Agricultural Research Institute; 
(c) the Managing Director, Kenya Seed Company; 
(d) the General ,Manager, Horticultural Crop Development 
Authority; 
(e) the Director, Kenya Forestry Research Institute; 
(f) the Director, National Seed Quality Control Service 
who shall be the Secretary; 
(g) one reprsentative of the Kenya Grain Growers' Co· 
operative Union; and 
" , 
(h) the Chief Executive, Kenya N afional' Farmers~ Ui1'ion' IP/N/lIKEN/PIl 
Page 52 
(2) The Committee may co-opt such number of members not 
exceeding three to represent such interests as it may from time 
to time determine. 
(3) The functions of the Committee shall be-· 
Ca) to develop seed policy; 
Cb) to modify or alter certification standards; 
(c) to make recommendations for the registration Or de­
registration of seed merchants; 
Cd) to moderate cases of appeal by aggrieved persons; and 
(e) to renew and recommend appropriate seed certification 
fees. 
(4) The Committee shall meet at least once in a year to 
review seed regulations and to make recommendations as may 
from time to time be appropriate to the Minister. 
6. (1) There shall be a Sub-Committee of the Seeds Regu­
lations Committee to be known as the Seed Growers Allocation 
Panel which shall consist of-
(a) the Provincial Director of Agriculture who shall be the 
chairman; 
Cb) the director of the Commodity Research Centre for the 
seed crops under deliberation; 
Cc) the Director, National Seed Quality Control Service who 
shall be the secretary; 
Cd) the· Managing Director, Kenya Seed Company; and 
(e) the General Manager, Horticultural Crops Development 
Authority. 
(2) The Panel may co-opt such number of members not 
exceeding three to represent such interests as it may from time 
to time determine. 
(3) The Panel shall meet at least once a year to select 
eligible applicants for growing seed crops for compUlsory 
certification. 
7. (1) Any person, grower, institution or seed merchant 
wishing to be considered as a seed grower shall apply in writing 
to the secretary of the Seed Growers Allocation Panel. 
(2) Each application shall be accompanied by the appro­
priate fee prescribed in the Fifth Schedule and shall be in 
respect of the growing of one crop only. 
(3) The Panel shall not approve any application in respect 
of land in which during the preceeding season, other cultivars 
of the crop or closely related crops have been grown. [Subsidiary ] 
Seed 
allocation 
panel sub­
committee. 
Application 
for consideration 
as seed grower. 
8. (1) Successful applicants under regulation 7 shall be Registration 
eligible for registration as· seed growers on completing Form olseed 
SR 1 in the Sixth Schedule and payment of the fee prescriqed in growers. 
the Fifth Schedule. [Subsidiary] 
Registration 
of seed 
merchant. IPINlllKENlPll 
Page 53 
(2) Upon registration, the Director shali issue the applicant 
with a certificate of registration in Form SR 2 in the Sixth 
Schedule, and by virtue of such registration, the Owl1er of the 
registered crop shall be the registered seed rnerchant but 
with respect only to the seed of the registered crop. 
(3) The Director shall keep a record of all registet'ed seed 
growers. 
(4) Every registered seed grov,:er shall plant the appro· 
priate parent seed for production of his registered seed class 
and shall keep a record of such parentage including certificates, 
labels and invoices as the Director may direct. 
(5) A registered crop shall not exceed the approved hec· 
tarage by more than ten per cent of the total area. 
(6) Save where the Director otherwise directs only one 
or two cultivars of the same species shall be permitted on 2.ny 
farm or field. 
9. (1) Every person who by way of trade or business pro­
duces, purchases or' otherwise acquires, sells, exposes, keeps, 
stores or advertises for sale any seeds purported to be govern· 
ment tested and certified shall apply to the secretary, Seed 
Regulation Committee for registration as a seed merchant. 
(2) Every application under paragraph (1) shall be in 
Form SR 3 in the Sixth Schedule and shall be accompanied 
by the appropriate fee prescribed in' the Fifth Schedule. 
(3) The Seed Regulation Committee shall approve for 
registration, applicants who meet the following conditions-
(a) seventy-five per cent of their business is either in pro­
cessing, production or marketing; 
(b) they have adequate trained and competent personnel 
knowledgeable in seed related matters and conversant 
with Kenya's seed industry; 
(c) they have established an extensive and comprehensive 
seed distribution channel of registered agents, sub· 
agents and stockists; 
(d) they have installed all equipment necessary for seed 
processing and storage. 
(4) Can.didates· whose applications are aljprovecl under 
paragraph (3) shall be entered into the register of seed 
merchants to be kept by the Director and shall be issued with 
a certificate of registration in Form SR 4 in the Sixth Schedule. 
(5) The certificate issued under paragraph (4) shall specify 
such conditions as may be necessary with respect to the produc­
tion, processing or marketing of the seed. 
(6)· Every 'registered seed merchant shaIl-·. IP/NIlIKEN/PIl 
Page 54 
(a) record such· particulars of each s~ed 10J:. "Governrrient 
tested and certified seed produced, purchased, sold or 
otherwise dealt with by him as may from time to time 
be prescribed; . 
(b) keep such records in safe custody for a period of three 
years from the date of the transaction to which the 
records relate; 
(c) produce such records to any inspector for inspection 
'whenever required during normal working hours; - . . . 
(d) be obliged to call an inspector to re-sample seed lots 
whose validity of certification has expired for further 
re-testing, re-labelling and re-sealing. 
(7) Any person who contravenes the provisions of para­
graphs (1) and (6) shall be guilty of an offence. 
10. (1) Only cultivars officially released by the Minister and 
advanced breeder's lines vvhich have potential for release shall 
be eligible for certification. 
(2) Seeds shall be certified in eight classes as set out in 
the Third Schedule. 
(3) Any seed crop which contains noxious weeds or seed­
borne diseases that are difficult to eradicate shall not be 
eligible for certification. 
(4) No seed shall be certified unless it has been produced, 
inspected, sampled, tested, and it complies with the standards 
set out in the Fourth Schedule. 
(5) Breeders shall maintain the standards of pre-basic and 
classes of the cultivars approved for certification under para­
graph (1). 
(6) In cases of natural disasters such as floods, drought or 
outbreaks of disease, the seed classes and prescribed standards 
shall be waived by the Minister and the resultant seed shall be 
classified as standard seed. [Subsidiary] 
Seeu 
certificauuu. 
11. (1) The seed gro\\'er or his agent shall, one month ~Wu 
after a seed crop is planted, apply for a field inspection by inspectlOll. 
completing Form SR 5 in the Sixth Schedule and payment of the 
fee prescribed in the Fifth Schedule. 
(2) A field inspection for the purposes of certification ~hall 
be conducted by Government seed inspectors and shall be 
confined to registered seed growers' fields and the fields of 
advanced breeder's lines which have potential for the release as 
cultivars. 
(3) A seed inspector shall have the power of entry into 
any field registered for field inspection. 
(4) A seed inspector conducting. a . field. inspection shall 
not certify any crop if he is satisfied· that it. does not meet the 
standards specified in the Fourth Schedule. 
(5) The results of .each field ins.pection; shall be issued in 
Form SR 6 in the Sixth Schedule. [Subsidiary] 
Seed 
processing. 
Seed 
sampling. IP/N/1/KENlPll 
Page 55 
(6) Upon completion of a field inspection, any seed crop 
that meets the prescribed standards shall be accorded its 
appropriate class. 
(7) Upon completion of the final field inspection, a final 
inspection report shall be filed in Form SR 6A in the Sixth 
Schedule. 
(8) Where a registered grower or his agent disagrees with 
the results of any field inspection, he may appeal within two 
days to the Director, for re-inspection. 
(9) A re-inspection shall be carried out by a team com­
prising-
(i) one senior seed inspector; 
(ii) one breeder; 
(iii) a representative of the aggrieved seed grower; 
and, 
(iv) Cl representative of the seed merchants; and 
dnere upon a re-inspection a field is approved, the aggrieved 
grower shall not pay re-inspection fee. 
(10) In hybrid seed production, no appeal shall be lodged 
on grounds of selfing save on technical grounds only. 
(11) Upon harvesting, the seed inspector shall supervise 
transportation by issuing a transport order in Form SR 7 in 
the Sixth Schedule after the seed containers have been clearly 
marked with indelible ink. 
12. (1) Only registered seed merchants shall process seed. 
(2) Registered merchants shall be allowed to have for 
processing only seed from fields that have been approved, or 
seed permitted to be imported into Kenya in bulk. 
(3) Every seed merchant shall notify the Director before 
processing any seed lots; and upon such notification, the 
Director, or his agent shall issue a work order to the merchant 
in Form SR 8 in the Sixth Schedule. 
(4) The Director or his agents may enter and inspect the 
premises of any merchant processing seed. 
(5) During processing, the seed inspectors shall perform 
machine inspection and lot examination, and order re­
processing where processing is ineffective. 
(6) Processed seed shall be properly marked and stored 
separately in identifiable lots. 
(7) The merchant shall pay the appropriate lot examination 
-fees as prescribed in the Fifth Schedule. 
13. (1) All seed delivered in lorries to seed driers shall 
be sampled. IPINIl lKEN/P/l 
Page 56 
(2) All processed lots shall be sampled and the sample 
shall be provided free of charge for purposes of laboratory seed 
testing and post control planting and examination. 
(3) All the samples shall bear a unique seed lot reference 
number. 
(4) Lots shall be created at the time of sampling and shall 
not exceed the maximum weights prescribed in these Regula­
tions. 
(5) Where automatic samplers have not been installed, 
the seed merchant shall arrange the packages in such a way as 
to enable the seed inspector to reach all packages and draw 
samples. 
(6) The sampling of seed lots shall be conducted in accord­
ance with the current International Seed Testing Association 
procedure. 
(7) Crops from different fi.elds of the same origin, species 
and cultivar which have passed field inspection may be blended 
and bulked to constitute one seed lot. 
(8) The seed merchant shall provide reliable scales for 
ascertaining the weight of a seed lot. 
(9) The seed merchant 5hall pay the appropriate fees for 
seed sampling prescribed in the Fifth Schedule. [Subsidiary ] 
14. (1) Seed testing for the purposes of certification shall Seed 
be conducted by an official seed tester and seed analyst in testing. 
accordance with section 12 of the Act. 
(2) The samples to be tested in the seed laboratory shall 
be o.:ncial samples drawn by a seed inspector and submitted 
to an official seed tester together with Form SR 9 in Sixth 
Schedule, or private samples submitted by farmers or private 
individuals to the seed testing laboratory. 
(3) The official seed tester shall-
(a) test seeds in accordance with the International Seed 
Testing Association procedure for seed testing upon 
payment of the appropriate fee prescribed in the Fifth 
Schedule by the merchant or private individual sub­
mitting the seed for testing; 
(b) record the results of the seed test on a certificate in 
SR lOA in Sixth Schedule in the case of official samples 
or Form SR lOB in the Schedule in the case of private 
samples; 
(c) state whether the tested seeds have met the minimum 
standards of germination capacity, purity and health 
as set out in the Fourth Schedule and whether thel7 
are marketable; . 
(d) furnish the results of the' seed testing to the seed 
merchant in a test certificate 'o-r to the' private' indivi­
dual as a test report; 
(e) furnish a special .report where the 'lot has been tested 
for unique seed health; and [Subsidiary] 
Packing, 
labelling and 
scaling. IP/NI1 IKEN/PIl 
Page 57 
(f) store the sample under optimal storage conditions for 
at least twelve months from the date the test results 
certificate is issued. 
15. (1) Seed lots shall not be labelled or sealed before the 
official seed tester has released a test result certificate, save in 
cases of early movement of seed. 
(2) In case of early movement of seed, the seed merchant 
sha11-
(a) prove that the seed lots passed all other tests; 
(b) provide the purchaser with a written statement indicat­
ing that the seed lots is being marketed prior to the 
release of official seed testing results; 
(c) upon receipt of an order to stop sale in Form SR 11 in 
the Sixth Schedule, vvithdraw all seed lots that have 
not reached the prescribed minimum standards of 
germination capacity. 
(3) Certified seed lots which have met the prescribed 
minimum standards shall be packed in bags or containers, 
securely closed, sealed by a seed inspector and labelled with a 
certification label whose serial number shall be entered into 
the work order used in processing the seed. 
(4) The certificate label referred to in paragraph (3) shall 
specify the-
(a) seed class; 
(b) species and cultivar of seed; 
(c) lot number; 
(d) date of sealing; 
(e) weight of the packet, bag or container; 
(f) warning text in cases where the seed is dressed; and 
(g) the approximate date of expiry or period of validity 
of declaration. 
(5) The seed merchant shall pay the appropriate fee for 
labelling and sealing prescribed in the Fifth Schedule. 
(6) No person, other than the ultimate user, shall remove 
labels, seals or open mechanically sewn or closed packets of 
seed. 
(7) Labelling and sealing shall not be conducted for seed 
packets of less than ten kilogrammes in weight provided-
(a) that the seed is drawn from sealed containers; 
Cb) packets or containers are sealed or closed; 
(c) .the phr~se "Government certified" is printed on the 
packet or contiainer; 
(d) the lot number, date of sampling, cultivar name and 
species name is printed on: the:.packet or container; IPINIlIKEN/PIl 
Page 58 
(e) a warning text, in cases where the seed lot is dressed 
in printed on the packet or container. 
(8) Where certified seed lots are returned for re-packing, 
the re-packing shall be done only with the approval of the 
Director and under the supervision of a seed inspector. 
(9) Any merchant who sells seed whose quality has been 
declared under these Regulations and whose \'v'eight is less than 
ten kilograms shall label each package of seed being offered for 
sale and such label shall state the species, cuItivar, seed lot 
number, date of sampling, weight of the package and period 
of validity of the declaration. 
(10) In cases of natural disasters as provided for under 
regulation 10 (6), the merchant shall print the expression 
"Standard Seed" on all seed packets or containers. 
(11) Any person who contravenes the provisions of para­
graphs (2), (5) and (8) of this regulation shall be guilty of an 
offence. 
16. (1) Unless earlier revoked-
(a) the validity of certification for cereals, pulses, oil crops 
and fibre crops shall be twelve months from the date 
of sampling; and 
Cb) the validity of certification for herbage grass, legumes, 
root crops, vegetables and stimulant crops shall be six 
months from the date of sampling. 
(2) Unless earlier revoked, the declaration of quality for 
all kinds of species of seed shall be valid for twelve months 
from the date of sampling. 
(3) It shall be the responsibility of the seed merchant or 
agent to call inspectors for re-sampling, re-testing and re-sealing 
of seed lots whose validity of certification has expired. 
(4) Any merchant who contravenes the provisions of this 
regulation shall be guilty of an offence. [Subsidiary] 
Validity 
certification 
and quality 
declaration. 
17. (1) No seed shall be offered for sale unless it has been Seed sale. 
certified or it has had its quality declared under regulation 16. 
(2) No species of seed specified in the Second Schedule 
shall be offered for sale unless it has been certified. 
(3) The merchant shall, pursuant to the provisions of 
regulation 16 (1), be responsible for the quality of any seed he 
sells or offers for sale. 
18. (1) Every seed merchant shall appoint an agent, a sub- Seed sellers. 
ngent and stockists with kno\vledge, ability and appropriate 
facilities to maintain the quality and viability of the seed offered 
for sale. 
(2) The agent, sub-agent or stockists appointed under para­
graph (1) shall apply to the Director for a seed seller's licence 
·.by completing Form SR 12 in the Sixth Schedule. [Subsidiary] 
Post control 
plots. 
Seed 
importation 
and 
exportation. IPINIlIKENIPIl 
Page 59 
(3) The Director shall, upon receipt of an application 
under paragraph (2), and on payment of the fee prescribed in 
the Fifth Schedule issue a seed seller's licence in Form SR 13 
in the Sixth Schedule. 
(4) There shall be attached to the licence issued under this 
regulation conditions relating to the maintenance of seed to be 
exposed for sale, and such licence shall be valid for twelve 
months from the date of issue: 
Provided that the Director may vary the duration of 
validity as he may deem necessary, and shall withdraw such 
licence where the attached conditions are breached. 
(5) No person shall sell seed unless he holds a valid licence 
issued under this regulation. 
(6) The Director or his representative may enter and 
inspect any premises where seed is stored for sale. 
(7) The Director shall maintain a register of all seed sellers 
licensed under this regulation. 
(8) A seed inspector or seed analyst shall, on annual basis, 
conduct sampling and re-testing of all seed stored for sale by 
licensed sellers and shall issue an order to stop sale in respect 
of seed lots whose germination capacities are below the mini­
mum prescribed standards. 
(9) 'Where an order to stop sale under paragraph (8) is 
issued, the merchant shall retrieve the affected seed lots from 
all agents, sub-agents and stockists and shall destroy all such 
seed. 
19. (1) Seed lots officially sampled and tested under these 
Regulations shall be grown in post control plots in accordance 
with the Organization for Economic Co-operation and Develop­
ment scheme for cultivar purity standards; and such plots shall 
be open to examination and assessment by all parties interested 
in the seed industry. 
(2) Upon completion of the examination and assessment 
of post control plots, the Director, an officer authorized by him 
or his agent shall write a report on the number of off-types, 
foreign cultivars, diseased plants and other diversions observed 
in the plots, and shall attempt to determine the sources of the 
diversions and possible remedies to eradicate such diversions 
HI subsequent seasons. 
20. (1) No person shall import seed for sale unless­
(a) he is a registered seed merchant; 
Cb) such seed complies with the minimum standards set out 
in the Fourth Schedule, and has been tested for 
adaptability in Kenya; 
(c) he has submitted a notice of intention to import such 
seed in Form SR 14 in the Sixth' Schedule, and has, 
with the approval of the authorized officer, been issued 
with a seed import permit in Form SR 15 in the 
Schedule. IPINIl/KEN/PIl 
Page 60 
(2) The notice under subparagraph 1 Cc) shall specify the 
quantity, the species and the cultivar of the intended import. 
(3) Any seed imported under this regulation shall not be 
sold unless its quality has been examined, tested and post 
controlled, and the importer has given a unique seed lot number 
to the consignment. 
(4) The marketing of imported seed shall be subject to the 
provisions of regulation 16 of these Regulations. 
(5) All imported seed shall be accompanied by a phyto­
sanitary certificate and an international orange certificate of 
the International Seed Testing Association, and shall meet [Subsidiary] 
Kenyan quarantine requirements as set out in the Plant Pro- Cap. 324. 
tection Act. 
(6) The Director may regulate the certification of imported 
seed lots in accordance with the certification scheme in Kenya, 
or restrict the importation of any species and cultivar of seeds. 
(7) Where there is surplus seed~ the authorized officer 
shall, on 'ivritten application addressed to him, issue an export 
permit. 
(8) All seed for export shall meet the minimum standards 
set out in the Fourth Schedule. 
21. (1) Any person aggrieved by the decision of an inspec- Appeals. 
tor or the Director may appeal to the Seed Regulation Com-
mittee. 
(2) Any person aggrieved by a decision of the Seed Regula­
tion Committee may appeal to the Seeds Tribunal. 
22. (1) Any person v'lho-
(a) with intent to defraud, gives false information to a seed 
inspector or a seed analyst; or 
(b) wilfully obstructs or interferes with or fails to comply 
with any lawful order given by any inspector in 
execution of his powers or duties under these Regula­
tions; or 
(c) produces or displays any certificate required to be 
produced or displayed under these Regulations which 
is false in any material particular; or 
Cd) sells or exposes for sale any seed which does not 
correspond with the description in any certificate 
required to be produced or displayed under these 
Regulations; or 
(e) contravenes any of the requirements of these Regula­
tions, 
shall be guilty of an offence. Offences and 
penalties. {Subsidiary] 
Protection from 
liability in 
certain cases. IPINIlIKENIPIl 
Page 61 
(2) Any person found guilty of any offence under these 
Regulations shall be liable to a fine not exceeding six thousand 
shillings or to imprisonment for a term not exceeding six 
months or to both. 
23. (1) No legal proceedings shall lie against any officer 
for anything done bona fide and without negligence, in the 
exercise of their powers, or the performance of their functions 
or duties under these Regulations. 
(2) For the purposes of this regulation, the term "officer" 
includes any employee of the Kenya Government. 
FIRST SCHEDULE (r.3) 
PRESCRIBED SEEDS 
Cereals 
Barley ........................... Hordeum vulgare L. 
Finger millet .................. Eleusine coracana (L.) Gaertn, 
Maize ............................ Zae mays S. 
Oats ......... , .................... Avena sativa L. 
Pearl millet .................... Pennisetum (L.) R.Br. 
Rice .............................. Oryza sativa L. 
Rye ............................... Secale cereale L. 
Sorghum ........................ Sorghum bicolor (L.) Moench. 
Triticale ........................ Tricosecale vVittm. 
Wheat ........................... Triticum spp. 
Pulses 
}geans ............................ Phaseolus vulgaris L. 
tlroadbeans .................... Vicia faba L. 
C~lick peas ..................... Cicer arietinum L. 
:Cluster bean ................... Cyamopsis tetragonoloba. 
Cowpea .......................... Vigna unguiculata CL.) Waip. 
Dolichos bean ................. Dolichos lablab L. 
Pea ............................... Pisum sativum L. 
Pigeon pea ..................... Cajanus cajan. 
Common Vetch ............... Vicia sativa L. 
Oil Crops 
Castor bean ................... Ricinus communis L. 
Ground nut .................... Arachis hypogaea L. 
Jojoba ........................... Simmondsia chinesis. 
Linseed ......................... Linum usitatissimum L. 
Oil seed rape .................. Brassica napus L. 
Safflower ....................... Carthamus tinctorius L. 
Sesame ......................... Sesamum indicum L. 
Sunflower ...................... Helianthus annus L. 
Soya beans .................... Glycine max (L.) Merr. 
Fibre Crops 
Cotton ................. : ......... Gossypium spp. 
Flax ............................. Linum usitatissimtim L. 
Kenaf ........................... Hibiscus cannabinus.L. IP/N/1 IKEN/P/l 
Page 62 
FIRST· SCHEDULE-( C ontd.) 
Root and Tuber C1'OPS 
Beet ............................. Beta vulgaris L. 
Irish potatoes ................. Solanum tuberosum. 
Turnip .......................... Brassica rapa L. 
Flowers 
Pyrethrum ......... ;........... Chrysanthemum spp. 
Several other species Mostly Liliaceae, Umbilliferae. 
Herbage Grasses 
Blue stem grass .............. Andropogon spp. 
Buffel grass .................... Cenchrus ciliaris L. 
Cock's foot ..................... Dactylis glomerata. 
Coloured guinea grass ...... Panic urn coloratum. 
Columbus grass .............. Sorghum almum. 
Congo signal ................... Brachiaris ruziziensis. 
Paspalum grass ............... Paspalum gayanus. 
Rhodes grass .................. Chloris gayana. 
Rye grass ....................... Lolium spp. 
Setaria .......................... Setaria anceps. 
Sudan ............................ Sorghum sudanense. 
Love grass ..................... Eragrostis spp. 
Lawn grass 
Bermuda grass................ Cynodon dactylon. 
Pasture Legumes 
Butterfly pen .................. Clitoria ternatea. 
Centro ........................... Centrosemn pubescens Benth. 
Clover ........................... Trifolium spp. 
Greenleaf ....................... Desmodium intoriul11 (Miller). 
Leucaena ....................... Leucaena lencocephala. 
Lucerne ....................... " Medicago sativa L. 
Lupin ............................ Lupinus spp. 
Silver leaf ...................... Desmodium uncinatum. 
Siratro ........................... Macroptilium atropurpureum. 
Stylo ............................. Stylosanthes guianensis. 
Vegetables 
Amaranth ....................... Amaranthus spp. 
Artichoke ....................... Cynara scolymus. 
Asparagus ...................... Asparagus officinalis. 
Beans ............................ Phaseolus vulgaris L. 
Beet .............................. Beta vulgaris L. 
Broccoli/Cauliflower ........ Brassica oleracea var. botrytis L. 
Brussels sprouts .............. Brassica oleracea var. gemnifera. 
Cabbage ........................ , Brassica oleracea var. capitata L. 
Canteloupe/Muskmelon .... Cucumis melo L. 
Carrot ........................... Daucus carota L. 
Celery/Celeriac ............... Apium graveolens L. 
Chicory ......................... Cichorium intybus L. 
Chinese cabbage ............. Brassica chinensis L. 
Chirvil ........................... Anthricus cerefolium. 
Collards/Kale ................. Brassica oleracea vaI'. 
ancephala DC. [Subsidiary] {Subsidiary] 
FIRS r Sell EDULE-(Colltd.) 
Corriander ...................... Coriandrum sativum. 
Cucumber ...................... Cucumis sativus L. 
Dill ............................... Arethum graveolens 1.,. 
Egglants ........................ Solanum melongena L. 
Endive .......................... Cichorium endivia 1.,. 
Garden cl'ess ................... Lespidium sativa L. 
Karella ......................... Cucumis spp. 
Kohl rabi ....................... Brassica oleracea vat. 
Leek ............................ . 
Lettuce ........................ . 
Okra ............................ . 
Onion ........................... . 
Parsley ......................... . 
Parsnip ....................... . 
Pea .............................. . 
Pepper ......................... . 
Pumpkin/Squash/ 
Courgette ..................... . 
Radish .......................... . 
Rhubarb ....................... . 
Rutabaga ...................... . gongylodes. 
Allium porrum L. 
Lactuca sativa. 
Hibiscus esculentus L. 
Allium cepa L. 
Petroselinum crispum (Mill) 
Nym. 
Pastinaca sativa L. 
Pisum sativum L. SensuInto. 
Capsicum spp. 
Cucurbita pepo L. 
Raphanus sativus L. 
Rheum rhaponticum L. 
Brassica napus var. 
napobrassica L. 
Spinach ......................... Spinacea oleracea L. 
Swiss chard.................... Beta vulgaris. IP/NIl/KENIPIl 
Page 63 
Tomato .......................... Lycopersicon esculentum P. Mil1. 
Turnip .......................... Brassica rapa L. 
Water cress .................... Nasturtium officinale Ribr. 
Water melon ................... Citrullus spp. 
SECOND SCHEDULE 
Cereals 
Maize 
Wheat 
Barley 
Sorghum 
Millet SEED UNDER COMPULSORY CERTIFICATION 
Grasses 
Oats 
Triticale 
Pulses 
Beans (dry) 
Beans (Green podded) 
Peas 
Cow peas 
Pigeon peas 
Oil crops 
Sunflower 
Oil-seed rape 
Linseed 
Soyabeans 
Sesame Setaria 
Rhodes grass 
Sudan grass 
Congo signal 
Panicum spp. 
Columbus grass 
Pasture legumes 
Centro 
Stylo 
Desmodium 
Clover 
Lucerne 
Siratro 
Lupins 
Root crops 
Irish potatoes (r. 10) IPINll/KEN/PIl 
Page 64 
I --1,-
i 
I I THIRD SCHEDULE 
SEED CLASSES 
Code 1 __ C~/as.s_e_s_~,I __ ~~. S~ed Pa!'~llts 
Br~--I Breeder I Progeny of parental stock {Subsidi~l 
(r. 9 (2») 
CO/Oltl' oj 
Labels 
White _____ 1 I _____________ / ___ _ 
I Pre-basic I Pb. 
I I 
c.i~1 Basic I 
~I B. 
Cer. 1st gen. 
c.2--I-c-e-rt-.-2-n-d-ge-l-l.-'1 
j I 
J Progeny of parental stock or certified breeders 
seed 
Progeny certified breeders seed or certified 
pre-basic seed 
Pl~ogeny of certified pre-basic seed or certified 
basic seed 
Progeny of certified basic seed or certified 1 st 
generation ---------
C.3 leer. 3rd gen. Progeny of certified 1st generation or certified 
~ ____ I __________ 2_n_d_g_e_n_e_ra_t_i_on __ . _. _______ _ 
C.4 Cer. 4th gen. Progeny of certified 2nd generation or certified White 
White 
Blue 
Pink 
Pink 
I 
Standard Seed I -----j 
Std. I 3rd generation ., I_Pi~_ 
Only used \vhen a serioLls shortage of seed 
Seed I (for certification) of essential crops occurs Grey 
NOTE: (i) Potatoes-stock seed (SS), Pre-basic, basic, cr, en, crII. 
(ii) Hybrid Maize-Breeders seed, Pre-basic, b:1Sic cert. 1. 
(All cases of hybrids). [SubSidiary] 
Species 
Cereals 
*Maize 
"'Soghum 
V/heat 
Barley 
Triticale 
Oats 
Finger Millet 
Pulses 
Beans 
>~Broad Beans 
Soya Beans 
Cowpeas 
Pea 
Oil Crops 
',Suntlower 
Saftlower 
Rapeseed 
Herbage Grasses 
*Rhodes grass 
'!'Setaria grass 
Congo Signal 
Guinea grass 
"~Sudan grass 
Columbus grass 
Pasture Legumes 
Stylo 
Desmodium 
Siratro 
Clover' 
Lucerne 
Vegetables 
Tomato .. 
Lettuce .. 
Root Crops 
Potato IP/N/lIKENIPIl 
Page 65 
FOURTH SCHEDULE' (r. 11 (4») 
FIELD AND LABORATORY STANDARDS 
A. FIELD STANDARDS 
Iso/a/iona!, Meters (Minill1um) Off-types oj other 
CII!!ivars 
BR PE B CL C2-C4 BR BR BI Cl C2-C 
400 400 400 
400 400 400 
10 10 10 
10 10 10 
50 50 50 
10 10 10 
10 10 10 
50 50 50 
200 200 200 
10 10 10 
50 50 50 
50 50 50 
4,000 4,000 4,000 
400 400 400 
400 400 400 
200 200 100 
200 200 100 
50 50 25 
50 50 50 
400 400 400 
400 400 400 
200 
200 
200 
800 
800 
100 
100 
100. 200 
200 
200 
800 
800 
100 
100 
100 200 
200 
200 
800 
400 
100 
100 
100 200 
200 
4 
4 
20 
4 
4 
25 
100 
4 
25 
25 
1,000 
200 
200 
100 
100 
25 
25 
200 
200 
100 
100 
100 
400 
400 
50 
50 
50 AI axill7l1l11 Number per 
100 PI({flts (Heads) 
200 0 0 ° 1 2 
200 0 0 0 1 2 
AI aximlllll NU1I1ber per 
100 Sqllare A.fetres 
4 1 1 1 5 6 
4 1 1 1 5 6 
20 1 1 1 5 6 
4 1 1 1 5 6 
4 1 1 1 5 6 
k[axinlll;}l NlImbt:r per 
100 Plallts 
25 0 0 ° 1 2 
100 0 0 0 1 2 
4 0 0 0 1 2 
25 0 0 0 ° 0 25 0 0 0 1 2 
lvillXillllll7l Number per 
100 Plants 
1,000 2m.2m 2m .Sm Sm 
sf.. Sf.. Sf. 10f. 10f. 
200 0 0 0 2 3 
200 0 0 0 2 3 
11-1 aximllm Number per 
100 Sqllare Jyfeters 
100 4 4 4 10 12 
100 4 4 4 10 12 
25 4 4 4 10 12 
25 4 4 4 10 12 
200 0 0 0 1 2 
200 0 0 0 1 2 
100 0 0 0 1 
100 0 0 0 1 
100 0 0 0 1 
400 0 0 0 1 
400 0 0 0 1 2 
2 
2 
2 
2 
11-1 aximum Number per 
100 Plants 
50 0 0 0 S 6 
50 0 0 0 2 3 
jH aximlllJ1 Number per 
100 Plants 
50 0 1 2 2 3 
*Open pollinated. 
tOff-types in male parents m. 
Off-types in female parents f. IPINllIKEN/P/1 
Page 66 
FOURTH SCHEDULE-(Contd.) 
ADITTTIONAL FIELD STANDARDS [Subsidiary] 
1. The seed inspector may rcje:t a crop should it be excessively weedy or severely lodged 
2. Inspection shall be done for the following diseases. 
Crop 
(a) Maize 
t 
(b) Wheat 
Oat 
Barley 
Triticale 
t 
(c) Sorghum 
(d) Beans 
t 
(e) Peas & 
Cowpeas 
(j) Soyabean 
t 
(g) Sunflower 
§ 
(h) Potatoes Disease Tolerance 
Headsmut (Sphaceiotheca reiliana (Kuhn) 
Clint) 2 plants per hectare 
Loose smut (Ustilago maydis (DC) Corda 2 plants per hectare 
Bunt (Tillctia Foetida (Waiir. Liro) 
Loose smut (Ustilago spp.) 
Covered smut (Ustilago hordei (pers.) 
Lagerh) 
Bunt 
Mildew 
Halo blight (Pseudomonas phaseolicola) 
Anthracnose (Collectotricum 
lindemuthianum) 
Bean common mosaic virus 
Common blight (Xanthomonas phaseoli) 
Leaf spots (Ascochyta spp) 
Pod spots (Mycosphaerella pinodes) 
Bacterial blight (Xanthomonas vignicoJa) 1 head per 100 sq. m 
1 head per 100 sq. m. 
1 head per 100 sq. m. 
1 plant per 1,000 plants 
1 plant per 1,000 plants 
None during final inspection 
None during final inspection 
None during final inspection 
None during final inspection 
None during final inspection 
None during final inspection 
None during final inspection 
Bacterial blight (Pseudomonas spp) None during final inspection 
Bacterial pustule (Xanthomonas phaseoli) None during final inspection 
Sclerotinia wilt and Head rot (Sclerotinia 
sclerotiorum) 
Verticillium Wilt (Verticilliu11l. dahIiae) 
Botrytis head rot or grey mould (Botrytis 
cinerea) 
Downey mildew (Plasmopara halstcdii) 
Alternaria he1ianthi 
Bacterial wilt or Brown rot (Pseudomonas 5 plants per 1,000 plants 
5 plants per 1,000 plants 
5 plants per 1,000 plants 
5 plants per 1,000 plants 
5 plants per 1,000 plants 
soIanacearum) Nil during any inspection 
Wart disease (Synchytrium endobioticum) Nil during any inspection 
Golden nematode (Heterodera rostoch­
ionsis) 
Ring rot (Corynebacterium sepeclonicum) 
Potato spindle viroid 
Mycoplasma Nil during any inspection 
Nil during any inspection 
Nil during any inspection 
Plants per thousand [Subsidiary] 
FOURTH SCHEDULE-(Contd.) 
ADDITIONAL FIELD STANDARDS-(Contd.) LP INI1IKEN/P 11 
Page 67 
SS PB B cr C2 
Black leg CErwinia spp) 0 
Severe virus disease (Ieafroll, Y-group virus, severe mosaic) 2 
Mild mosaic visible in the field 0 
Fusarium wilt, Verticillium wilt 
Nematodes (Meloidogyne spp. and Ditylechus) 
3. Inspection shall be done for the following weeds: 
Crop Weed 
Wheat 
Barley 
Oats Wild oats (A vena fatua) 
Avena steriIis (Avena ludoviciana) 
Thorn apple (Datura stramonium) 
, ·Triticale 
For tolerance of other \veeds see 1 of this table. 
KEY: 
tNo roguing 
tRoguing is notifiable l 
§No roguing on disease 
4. HYBRID SEED~PRODUCTION 
(1) Maize: o 
o o 
4 
5 
o o 
5 
10 
2 
2 
Tolerance 
Nil 
Nil 
Nil o 
10 1 
13 15 
3 
3 
Detasselling of female plants shall be inspected at least 3 times during tasselling 
period. 
Ci) If 1 % or more of the female plants posses receptive silks and more than 1 per 
100 of them are shedding pollen at anyone inspection, visit or more than 
2 per 100 cumulatively during 3 days of inspection (3 inspection visits) then 
the crop shall be rejected. 
(ii) The neighboiJring)eed crop adjace.nt to a rejected seed shall also be rejected 
if: 
Ca) The female plants shedding pollen in the rejected field exceeds either 
2 per 100 on anyone inspection or 4 per 100 on a combmation of 3 visits. 
(b) The failed crop shall have more than 2 per 1,000 off-type plants in its 
pollen parent. 
(c) The rejected neighbouring crop has more than 4 smutted plants per 
hectare. 
(iii) The neighbouring seed crop adjacent to a rejected crop shall not be rejected 
if isolation is in accordance with tbese regulations. 
(iv) All seed fields shall have eight guard rows round the seed field. 
(2) Sunflower: 
When 2 % (basic and above) and 5 ~~ (certified) of the female plants have polJen 
receptive floweJ s, there should not be more than the number of off-type plant stated 
. in the schedule and also not more than 5 plants' per 1,000 female pollen shedders 
(basic· and above) or 10 plants per 1,000 female pollen'shedders (certified). IP/N/l/KEN/P/l 
Page 68 
[Subsidiary] 
FOURTH SCHEDULE-(Contd.) 
B. PROCESSING STANDARDS (r. 12 (5» 
Crop Screens"" Screenings 
Allowed Grades 
(hot tom slere) (null) 
Hybrid l'naize 7'8 
6'75 
2'2 
2'3 
2'0 
2'0 5 
5 
5 
5 
5 
5 LF, LR, MR, MF, HP 
LF! LR, MF, MR, HP Open pollinated maize 
Wheat 
Barley 
Oats 
Triticale 
Potatoes 28'0-45'0 
46'0-60'0 (S tubers per SOlbag) 
Allowed 
*The requirement can be varied depending on variety and general crop performance as 
may be agreed upon by the Seed Regulation -Committee. 
NOTE: 
1. Maize 
A seed lot shall not be allowed to contain more than 2'5 % of cracked, diseased 
and shrivelled seeds. 
2. Wheat, Barley, Oats and Triticale 
(a) Maximum of 1 seed per litre will be allowed in basic seed lots and 2 seeds 
per litre for certified seed lots. 
(b) Weed Seeds.-A maximum of 2 seeds per litre will be allowed in basic 
seed lots and 4 $e~d~_per litre for certified lots. No seed of wild oats, thorn 
apple or other noxiolls \veeds shall be allo\ved. 
Cc) Damaged Seeds-
(i) In basic seed lots a maximum of 10 % of naked seeds and 10 % of 
cracked seeds in barley and oats shall be <\!Iowed, while for certified 
seed the maximum will be 5 %. 
(ii) In basic seed lots a maximum of 10 % of all discoloured seeds, e.g. 
blue pointed seeds (germ end) and 10% of insect damaged seeds 
allowed, while for certified seed the maximum will be 5 %. 
(d) Sprouted Seeds.-In basic seed lots a maximum-of 10% short sprouts and 
5 % long sprouts will be allowed while a maximum of 5 % short SPlOutS 
and 2 % long sprouts will be allowed in certified seed lots. 
(e) The combination of the factors mentioned in Cc) and (d) above shall no 
exceed 10% for basic seed and 5 % for certified seed. 
3. Sunflower 
(i) Mixtures with other varieties-Maximum of 2 seed per litre allowed. 
(ii) Seeds with cracked seed coat-maximum of 5 % allowed. 
(iii) Noxious weed seed, e.g. Datura-None will be allowed. 
4. Beans, Peas and COlVpeas 
(a) Mixture with other Crop Seeds.-None allowed in basic seed while a maxi­
mum of 1 seed per 1,000 of clearly distinguishable other bean seeds will 
be allowed for certified seed but seed of other species will not be allowed. {Subsidiary] 
FOURTH SCHEDULE-(Contd.) 
B. PROCESSING STANDARDs-(Contd.) 
(b) Weed Seeds:-Free from all \\'eed seeds. 
(c) Otlzer Factors. IP/N/IIKEN/PIl 
Page 69 
(1) Spotted beans and heat c1amagect beans--IvlC1ximum 0'5 % allowed. 
(ii) Rejects (insect-damaged beans, ofT-coloured seeds, beans with cracked 
skin, broken beans, too sm~JI seeds, etc.-Maximum 3 allowed. 
5. Rape 
TYeed Seeds.-A maximum of one seed per litre of wild radish (Rapl1anu raphani­
strum) shall be allowed. No seed of darnel (Lolium temulentllm) thorn apple, 
or wild oats shall be allovvecl in a seed lot. 
6. Sorghum 
(a) Mixtllres with othe}" Crop Seeds.-A maximum of 1 seed per litre will be 
allowed jn basic seed lots and 2 seeds per litre on certified seed lots. 
(b) ·Weed Seeds.-A maximum of 2 seeds per litre will be 2110wed in basic 
seed lots and 4 seeds per litre for certified seed. No seed of wild oat or thorn 
apple, striga and orobanche shall be allowed. 
7. Potatoes 
The following diseases/abnormalities \Viii be permitted upto the stated tolerances: 
Disease Abnormality 
Scab (Streptomyces spp., Spongospora subterrania) 
No more than 50 ~~ tuber covered) 
Rhizoctonia (Rhizoctonia solani) .. 
Pink rot (Phytophthora erythroseptica) Soft rot (Erwinia spp) 
Severe tuber moth 
Mis-shapen and damaged tubers TOLERA1':CE (TUBERS PER 
50 KG. nAG) 
Basic Certified 
25% 50% 
10% 30% 
0% 1% 
;% -0 5% 
0% 5% IPlNllIKEN/PIl 
Page 70 
FOURTH SCHEDULE-Con/d.) 
C. LABORATORY STANDARDS {Subsidiary] 
(r. 14 (3) (c» 
1. Quality requirements with respect to analysis figures concerning purity, germination 
capacity, other crop seed, weed seed and moisture content. 
_______ -.,-_________________ -c-__________ _ 
IlvfaXilJ1l1Jil 
other Crops 
seed% Species 
CEREALS 
Maize 
Wheat 
Barley 
Sorghum 
I\1illet " 
Oats 
Triticale 
Rye 
Rice 
PULSES 
Beans 
Broadbeans 
Chickpeas 
Cluster beans 
Cowpca 
Dolichos bean, , 
Pea (garden) ,_ 
Pigeon peas 
Common vetch 
French beans 
SugHr peas 
OIL CROPS 
Sunflower 
Oil seed rape 
Safflower 
Soya beans 
Groundnuts 
Castor beans 
FIDRE CROPS 
Cotton 
Flax 
Kenaf 
ROOT AND TUBER 
CROPS J..,jillimlllJl 
PlIrity % 
by lI'eiglit 
99 
99 
99 
95 
95 
99 
99 
99 
99 
99 
99 
99 
98 
98 
99 
98 
98 
98 
99 
98 
99 
99 
99 
98 
97 
98 
98 
98 
98 by /lll/llVer 
trace 
trace 
trace 
trace 
trace 1 
1 
1 
1 
trace 
trace 
0'1 
0'1 
0'1 
trace 
0'1 
0'1 
trace 
trace 
0'1 
trace 
trace 
trace 
trace 
trace 
trace 
Beet , , _ , 97 j 0'3 
--¥~~~i~O:~kT--~ .. -----is-------0.5-l'v1 a x imlt 111 
rVeed s.zeds 
%by }'lI!iglzt 
trace 
0'1 
0'1 
1 
1 
0'1 
0-1 
0'1 
1 
0'1 
0'1 
0'5 
0'5 
0'3 
0'1 
0'3 
0'3 
0-1 
0-1 
0'3 
trace 
0'1 
trace 
0'1 
trace 
0'1 
0'1 
0'3 J..,fin im iI!J1 
Germination 
Capacity % 
90 
85 
90 
70 
70 
85 
80 
85 
70 
80 
80 
75 
75 
80 
80 
80 
SO 
70 
80 
75 
85 
85 
85 
75 
SO 
75 
75 
SO 
75 
75 
75 AlaximllJ11 
Aloistllre 
Content % 
13 
13 
13 
11 
11 
13 
13 
13 
11 
15 
15 
15 
15 
12 
15 
12 
12 
14 
15 
12 
10'0 
10'0 
10'0 
14'0 
14'0 
14-0 
10'0 
10'0 
10'0 
11-0 
10'0 [Subsidiary] 
Species 
FLOWERS 
Pyrethrum 
Other species 
VEGETABLES 
Amaranth 
Artichoke 
Asparagus 
Brocolli 
Brussels sprout 
Cabbage 
Canteloupe/ 
melon 
Carrot _. 
Cauliflower 
Celeric/Celery 
Chicory 
Chinese cabbage 
Collard/kale 
Cucumber 
Dill · . Eggplant 
Endive .. 
Garden cress 
G ourdssCSeveral 
spicie) 
Kohl rabi 
Leek 
Lettuce 
Okra · . 
Onion · . Parsley .. 
Parsnip 
Pepper .. 
Pumpkin/squash/ 
cougette 
Radish .. 
Rhubarb 
Rutabaga 
Spinarch/swiss 
chard 
Tomato 
Turnip 
Water melon 
Other Vegetable 
seeds FOURTH SCHEDULE (Col/td.) 
C. Lt\BARATORY STANDARDS-(Colltd_) 
11-1 in i IlIUIIl 
PlIrity % 
by weight 
30 
98 
98 
96 
97 
97 
97 
98 
95 
97 
97 
95 
97 
97 
98 
98 
96 
95 
98 
97 
97 
97 
95 
98 
97 
97 
98 
97 
98 
97 
95 
98 
97 
97 
98 
98 
95 
t· ' I 
I 
I 
; j\1aximllfll 
other Crops 
seed % 
by number 
-
0'1 
0'1 
0'5 
1'0 
1·0 
1'0 
0'1 
1-0 
1'0 
1-0 
1'5 
1-0 
1'0 
0'1 
0'3 
0-5 
1'0 
0'1 
·0'1 
1-0 
0'5 
0'5 
0'1 
0'5 
1'0 
0-1 
0'5 
0-1 
1-0 
1'0 
0'5 
0'5 
0'5 
0'5 
0''1 
I'D A1aximum 
Weed seeds 
% by lVeight 
-
I 
I 
0'1 I 
0'1 
0'5 
0'3 
0'3 
0'3 
0'1 
1'0 
0·3 
0-5 
0-5 
0-3 
0-3 
0-3 I 0'3 I 
0-3 
0-5 
0'5 
0-,5 
0'3 
0-5 
0'5 
0'5 
0'5 
0'5 
0-5 
0'5 
0-3 
1'0 
0'3 
0'3 
1'0 
0'3 
0'3 
0'3 
0'5 
+ 4 f P J..1illillllill I 
Germination 
Capacify% 
40 
75 
75 
70 
75 
75 
75 
75 
65 
70 
70 
65 
75 
75 
80 
65 
65 
65 
80 
60 
75 
65 
75 
75 
70 
65 
60 
65 
75 
60 
60 
75 
70 
75 
75 
75 
50 IP/N/1/KENIP/1 
Page 71 
Maximum 
Moisture 
Content % 
-
I 
9-0 
9-0 
9-0 
10'0 
10'0 
10-0 
9'0 
9'0 
10-0 
10-0 
10-0 
10-0 
10-0 
9'0 
10'0 
10'0 
11-0 
9'0 
9'0 
10-0 
11'0 
8'0 
11.'0 
11'-0 
10'-0 
10'-0 
9-0 
9-0 
8-0 
6'0 
10'0 
11'0 
9"0 
10'0 
9"0 
9'0 -IPIN/IIKEN/PIl 
Page 72 
Grasses 
stem grass Blue 
Buffe 
Cock 
Paspa 
Rye g 
Setar 
Rhod 
Suda 
Cong 
Colo 
Colu 
Love 1 grass 
's foot 
lum 
rass 
ia 
es grass 
11 grass 
o signal 
ured guinea 
mbus grass 
grass 
LAWN GRASS 
Be rmuda grass 
PASTU RE LEGUMES 
ntro · . la · . smodium Ce 
Sty 
De 
CIa 
Lu 
Sir 
GIy ver · . cerne · . atro · . cine · . _. · . 
· . · . 
· . · . · . · . FOURTH SCHEDULE (Contd.) 
LABORATORY STANDARDS-(COlltd.) 
Purity Germination 
· . 40 50 
I I 
same for all grasse<; 
· . 98 55 
· . 97 65 
· . 95 70 
· . 98 75 · . 98 75 
· . 98 80 
· . 97 70 [Subsidiary] 
PGS % 
20 [Subsidiary] 
FIFTH SCHEDULE 
FIELD INSPECTION FEES (KSH.) IPlNlIlKENlPll 
Page 73 
Cr. 11 (1)) 
-------------;------
I Re-Inspectioll Oil Appeal or at 
Owner's Request 
Minimum -------!------- Crop under Certificatioll 
Inbred maize .. 
Hybrid maize .. . . 
Open pollinated maize 
Wheat (certified) 
Wheat (standard) 
Barley (certified) 
Barley (standard) 
Oats 
Grasses (certified) 
Grasses (standard) 
Sorghum (certified) 
Sorghum (standard) 
Potatoes (certified) 
Potatoes (standard) 
Hybrid sunflower 
Open pollinated sun-
flower 
Safflower 
Beans (standard) 
Peas 
Rape seed 
Vegetables (certified) 
Vegetables (standard) 
Sudan and columbus 
grass .. Inspectioll 
Per Hectare 
140·00 
140·00 
65·00 
65·00 
65·00 
65·00 
65·00 
65·00 
65·00 
65·00 
65·00 
65·00 
100·00 
100-00 
100·00 
65·00 
65·00 
65·00 65·00 
65·00 
195·00 195·00 
lOU'OO I 
I Per Field Per Hectare I j\1in. per Field -------1------- -------
1,265'00 165·00 575·00 
1,265'00 I 65·00 575·00 
300·00 165·00 575·00 
300·00 ! 165·00 575·00 
300·00 I 165·00 575·00 
300·00 165·00 575·00 
300·00 165·00 575·00 
300·00 165·00 575·00 
300·00 165·00 575·00 
300·00 165·00 575·00 
300·00 165·00 575·0{) 
300·00 165·00 575·00 
450·00 165·00 575·00 
300·00 165·00 575·00 
300·00 165·00 575-00 
300·00 165·00 575·00 
300·00 165'00 575·00 
300·00 165·00 575·00 
300·00 165,00 575·00 
300·00 165·00 , 575·00 
300·00 205'00 I 575'0{) 
300·00 205'00 
I 575·00 
300·00 115·00 575·00 
I 
4 • . , ~ IP/N/lIKEN/PIl 
Page 74 
FIFTH SCHEDULE-(Contd.) [Subsidiary] 
(r. 13 (8» 
SAMPLING AND SEALING FEES ({(SH.) 
Crop Under Certification 
--------------
Inbred maize .. . . 
Hybrid maize .. · . Open pollinated maize 
Wheat (certified) 
Wheat (standard) 
Barley (certified) 
Barley (standard) 
Oats -. .. 
Grasses (certified) 
Grasses (standard) 
Sorghum (certified) · . 
Sorghum (standard) · . Potatoes (certified) 
Potatoes (standard) · . 
Hybrid Sunnower · . 
Open polliniated sunflo\ver -. 
Saflower 
Beans (certified) 
Beans (standard) 
Peas .. · . 
Vegetables (certified) .. 
Vegetables (standard) .. I 
! Sampling 
and Lot 
Exarnilla­
tion 
----
7·00 
7·00 
7·00 
7-00 
17-00 
7·00 
17'00 
7·00 
35·00 
35·00 
7-00 
17·00 
7·00 
17·00 
7·00 
7·00 
7-00 
7·00 
17·00 
17'00 
46·00 
46·00 Labelling 
and 
Sealing 
per 100 
100 kg. -----
7·00 
7·00 
7·00 
7·00 
17·00 
7·00 
17·00 
7·00 
35·00 
35·00 
7-00 
17-00 
7·00 
17·00 
7·00 
7·00 
7-00 
7·00 
17·00 
17·00 
46·00 
46-00 'Re-Sampling Seed Lots Re-Sealing --------- per 100 kg. 
1'>1 in. per per 
Lot 100 kg. ------------
230'00 3·50 3·50 
230·00 3·50 3'50 
230·00 3·50 3-50 
230·00 3-50 3-50 
230·00 3·50 3-50 
230-00 3-50 3-50 
230·00 3·50 3-50 
230·00 3-50 3-50 
230·00 3·50 3-50 
230·00 3'50 3-50 
230-00 3·50 3-50 
230·00 3·50 3·50 
230·00 3-50 3·50 
230·00 3·50 3-50 
230·00 3·50 3·50 
230·00 3-50 3·50 
230·00 3·50 3·50 
230·00 3·50 3·50 
230·00 3·50 3-50 
230·00 3·50 3·50 
230·00 3-50 3'59 
230·00 3-50 3·50 [Subsidiary] 
FIFTH SCHEDULE-( Contd.) IP~/l!JKJS~!P/l 
Page 75 
(r. 20 (3» 
SAMPLING AND PRE-CONTROLLTNG OF IMPORTED SEEDS FEES (KSH.) 
---------------------------------------~------~--------------
Crops Under Certification 
Inbred Maize 
Hybrid Maize 
Open Pollinated Maize 
Wheat (Certified) .. 
Wheat (Standard) 
Barley (Certified) .. 
Barley (Standard) 
Triticale (Certified) 
Triticale (Standard) 
Oats 
*Grasses (Certified) 
*Grasses (Standard) 
Sorghum (Certified) 
Potatoes (Certified) 
Potatoes (Standard) 
*Hybrid Sunflower 
*Open Pollination Sunflower 
*Rape Seed 
*Sanffiower 
*Beans (Certified) 
'~Beans (Standard) 
*Peas 
*Vegetables (Certified) 
*Vegetables (Standard) .. 
*Rye Grass 
Foot note.-Regularly Imposed crops .are marked* Minim­
/tin fees 
(500 (kg.) 
140.00 
140.00 
140.00 
140.00 
140.00 
140.00 
140.00 
140.00 Fee per fee per 
(lOO kg.) (1,000 kg.) 
30.00 170.00 
30.00 
30.00 
170.00 
170.00 
17.00 170.00 
30.00 170.00 
30.00 
30.00 
170.00· 
170.00 
170.00 
30.00 
30.00 
30.00 rPlNll/KEN/P/l 
Page 76 
FIFTH SCHEDULE-(Contd.) [Subsidiary] 
(r. 14 (3) (e» 
LABORATORY SEED TESTING FEES (KSH.) PER SAMPLE 
Crops' Under Certification 
Inbred Maize 
Hybrid Maize 
Open Pollinated Maize .. 
Wheat (Certified) 
Wheat (Standard) 
Barley (Certified) 
Barley (Standard) 
Oats 
Grasses (Certified) 
Grasses (Standard) 
Sorghum (Certified) 
Sorghum (Standard) 
Potatoes (Certified) 
Potatoes (Standard) 
Hybrid Sunflower 
Open Pollinated Sunflower 
Safflower .. 
Beans (Certified) 
Beans (Standard) 
Peas 
Rape Seed 
Vegetables (Certified) 
Vegetables (Standard) 
Rye Grass 
Flowers .. \ Purity, Germi­
nation Mois­
ture Content 
and Seed Health 
125 
125 
125 
125 
125 
125 
125 
125 
250 
125 
125 
125 
125 
125 
125 
125 
125 
125 
125 
125 
125 
125 
125 
125 
125 Resampling and 
Re-Testing 
60.00 
60.00 
60.00 60.00 
60.00 
60.00 
60.00 
60.00 
115.00 
115.00 
90.00 90.00 
60.00 
60.00 
60.00 
70.00 
70.00 
70.00 
70.00 
70.00 
70.00 
115.00 
90.00 [Subsidiary] 
FIFTH SCHEDULE-( C ontd.) 
REGISTRATION FEES (KSH.) IPINII IKEN/P/l 
Page 77 
Cr. 8 (1)) 
Cr. 9 (2)) 
Cr. 18 (1) Ca)) 
----------------------------------------,-------------------------
1. Seed Merchant 
2. Seed Grower .. 
3. Seed Sellers: 
Ca) Agent 
Cb) Sub-Agent 
(c) Stockist I 
Applicaaon fees: Annual fees ----------- -57~oo-I--I-0-,0-00-.0-0--
200·00-1 100.00 
120,000·00 
5,000·00 
150·00 I 
30,000.00 
3,000.00 
50.00 
------------------------------------------
NOTE.-All payments must be made 111 crossed cheque Il1 the name of the Director 
N.S.Q.C.S. IPfNI 1 IKENIPI 1 
Page 78 
FORM SR 1 SIXTH SCHEDULE 
REPUBLIC OF KENYA 
NATIONAL SEED QUALITY CONTROL SERVICE 
ApPLICATION FOR REGISTRATION AS A SEED GROWER 
To: The Director, N.S.Q.C.S. 
P.O. Box 1679 
NAKURU [Subsidiary] 
(r. 7 (1)) 
I, ....................................................................................... (full name) 
being the owner/lessee of ................................. hectares of L.R. No ......... . 
situated in the ........................................................................ Division 
of ................................. District do hereby apply to be registered as a Seed 
Grower for .............................. crop. I have/have not been a seed grower in 
the past and I have adequate storage facilities to handle the resultant seed. 
*The field where I intend to grow the seed crop was previously under 
....................................................................................................... 
*Do you have adequate isolation? Yes/No 
*Do you have enough labour to detassel, rogue, grade, etc.? Yes/No 
*If you are a contracted grO"iVer, have you been made aware 
that only seed that has met the minimum standards shall be 
accepted by the merchant? Yes/No 
*If this application is successful you will be required to furnish the details 
of the crop Form SR 5. 
I enclose a non-refundable fee of two hundred shillings (KSh. 200) in a 
form of cheque in payment of this registration. 
*Delete the inapplicable. 
Date ............................. . Signature ................................... . 
FOR OFFICIAL USE ONLY 
Application Received ................................... . 
Decision: Approved/Rejected Reg. No ........................ . 
Note.-Secretary seed growers allocation panel shall notify both the 
unsuccessful and successful applicants. [Subsidiary] 
FORM SR 2 SIXTH .sCHEDULE-( Contd.) 
REPUBLIC OF "KENYA 
NATIONAL SEED QUALITY CONTROL ,SERVICE 
CERTIFICATE OF REGISTRATION AS SEED GROWER 
Registration No. . ...................... . IPINIlIKEN/PI1 
Page 79 
(r. 8 '(2)) 
To ....................... e ••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••• (Name) 
of .......................................................................................... (Address) 
You are hereby registered as a Seed Grower to grow ..................... hectares 
of ................................. (species) on your farm at ............................... .. 
...................................................................................................... 
This registration is valid from ........................ , 19 ... to .................. , 19 ... 
Signature .......................................... Date ....................... . 
Director, N.S.Q.C.S. IP/N/IIKEN/PIl 
Page 80 
FORM SR 3 SIXTH SCHEDULE-(Contd.) 
REPUBLIC OF KENYA [Subsidiary] 
(r. 9 (2)) 
NATIONAL SEED QUALITY CONTROL SERVICE 
To: ApPLICATION FOR REGISTRATION AS A SEED MERCHANT 
The Secretary, 
Seed Regulation Committee, 
P.O. Box 1679, 
NAKURU. 
I/We hereby apply to be registered as a Seed Merchant under the 
Name ............................................................................................................................................................................................................................. . 
Postal Address .................................................................................................................................................................................................... .. 
Telephone Number ......................................................................................................................................................................................... . 
Location of the premises 
I{We wish to deal in: 
(i) Production 
(ii) Processing 
(iii) Marketing 
(Please tick) 
(1) Merchant 
(2) Production 
(3) Processing 
(4) Marketing Do you have adequate and knowledgeable personnel who 
are conversant with seed. matters? .. 
0) Do you have adequate land and equipment to handle 
basic seed? 
(ii) Do you have contractual agreement with growers you 
have recruited '! 
(iii) Do you have adequate field officer to sepervise and 
advise growers on all operations of seed production'? .. 
(i) Do you have adequate equipment and machinery to 
process seed '! 
(ii) Do you have adequate storage space? 
(iii) Do you have a capacity to print and label packets/con­
tainers as required by the regulations'! .. 
(i) Do you have adeqllate distributive channels that covers 
all agriculturally important regions of the country,? 
(ii) Do you have an agent, sub-agent and stockist '! 
(iii) Does your agent, sub-agent and stockist have an agre­
ement with you for distributing seed on your behalf! " 
(iv) Do they have a card that makes them identifiable as 
your agent, sub-agent or stockist'! 
(v) Do they have adequate understanding and knowledge 
of seed '! 
(vi) Do they have adequate storage facilities? 
(vii) Do they understand that seed is living and should not 
be mixed with dangerous chemicals, kept in moist 
floors, too high humidity and excessive temperatures? 
(viii) Do they make sales returns to you? 
(ix) Do they know that packets/containers should not be 
opened, i.e. sell seed in the whole units as packed by you? Yes/No. 
Yes/No. 
Yes/No. 
Yes/No. 
Yes/No. 
Yes/No. Yes/No. 
Yes/No. 
Yes/No. 
Yes/No. 
Yes/No. 
Yes/No. 
Yes/N 
0 
Yes/No. 
Yes/No. 
YesfNo. (Subsidiary] IPlNllIKEN/P/] 
Page 81 
SIXTH SCHEDULE-( Contd.) 
ApPLICATION FOR REGISTRATION AS A SEED MERCHANT-(Contd.) 
The seed 'will be kept in a store where adequate provisions are available to 
separate the various seed lots and where no other articles will be kept which 
could have an adverse effect on the quality of the seeds. 
At any time during official working hours, even without previous appoint­
ment, I/we will allow the inspector(s) of the entry of the seed store(s) and 
thereby provide them/him/her with the facilities necessary to carry out the 
inspection work as laid down in Seed Regulations. In addition, I/we will send 
a stock list of all seed lots in our stores on 15th May and 15th November or 
at such a date as can be mutually agreed upon between the Director, N.S.Q.C.S. 
and ourselves. 
I/we enclose the sum of fifty-seven thousand five hundred shillings 
(KSh. 57,500) only in payment for this registration in form of a cheque payable 
to the Director, N.S.Q.C.S. 
Declarance: In signing this application, I/we also declare that I/we are 
conversant with and shall observe the various clauses and conditions of the 
Seed Regulations. 
Date ............................. . Signature .......................... . 
Note.-Secretary seed committee shall inform the unsuccessful applicants 
and shall send back their cheque to them. IP/N/lIKEN/PIl 
Page 82 
FORM SR 4 SIXTH SCHEDULE-(Contd.) 
REPUBLIC OF KENYA [Subsidiary] 
(r. 9 (4» 
NATIONAL SEED QUALITY CONTROL SERVICE 
CERTIFICATE OF REGISTRATION AS A SEED MERCHANT/PROCESSOf{ 
S/No. 
For the year 19 ............. .. 
Company ............................................................... , .... ,., ........ , .. , ........... . 
Postal Address ...................................................................................... . 
Tel. No ................................................................................................ . 
Location of premises 
For the category of .................................................... 
(i) Agricultural crops 
CH) Horticultural crops 
Registration No . •••••••••••••• , •••••••• 1 •••••••••••••••••••••••••••••••••••••••••••••••••••••••••••• 
Note.-If your renewal is not done for two consecutive years, you shall 
lose your status and apply anew. 
Signature ....................................... Date ....................... . 
Director, N.S.Q.C.S. IP IN I1/KENIP 11 
Page 83 
(Subsidiary] 
FORM SR 5 SIXTH SCHEDULE-(Contd.) (r. 11 (1)) 
REPUBLIC OF KENYA 
NATIONAL SEED QUALITY CONTROL SERVICE 
To: 
The National Seed Quality Control Service, 
P.O. Box 1679, 
NAKURU. 
ApPLICATION FOR FIELD INSPECTION OF A SEED CROP 
1. Full name of grOi'ver .......................................................................... . 
2. Postal Address ....................................... (3) Tel. No ........................... . 
3. Farm on which crop is being grown ........................ L/R. No ............... . 
4. Details of crop (Every crop regardless of size must be mentioned separately. 
A crop is field planted within 5 days). 
Species Variety Crop 
------------- ------ ---------------------
Lot No. of 
seed used Hectares 
---------- ------------- ---
-----------
5. Seed rate per hectare ......................................................... kg. 
6. Registered seed merchant to whom the entire seed stock will be sold ........ . 
.................................................................. ................................ . 
7. I enclose a cheque of the sum of shillings ........................................... .. 
in payment of this inspection and .................................... number of 
labels from packets/ contrainers of the seed for this crop(s); as proof of 
origin. 
8. The person who will be daily in charge of his seed crop is ....................... . 
........................................................................................ , ......... . 
9. Declaration: 
In signing this application, I also declare that I am conversant with and 
shall observe he various clauses and conditions of the Seed Regulations. 
In case this application is for seed maize, I also declare that I have no 
knowledge of maize head smut (Sphacelotheca reiliana) on this land for 
the previous three seasons. In case this application is for seed potatoes, I 
also declare that I have no knowledge of bacterial wilt (Pseudomonas 
solanacearum) on this farm for the previous six years. rp/N/l/KEN/P/l 
Page 84 
[Subsidiary ] 
SIXTH SCHEDULE-(Contd.) 
ApPLICATION FOR FIELD INSPECTION OF A SEED CRop-(Contd.) 
FARM MAP AND LOCATION 
1. Indicate the situation of the different crops, stores access from the nearest public road. 
2. Number each crop as 1, 2, 3, etc. and complete the following: 
Crop No. Variety 
1. ---------- ------
2. 
3. ----,----- ------
4. 
5. 
6. Date Planted 
I 
I 
I 
I 
I Approximate Previolls 
Date of Harvest Cropping for the 
3 Seasons 
I 
I 
I 
I 
------,-----------------------,--------
Datt· ....................................................................... . Signature of Applicant .......................................................... .. {Subsidiaryl 
FORM SR 6 SIXTH SCHEDULE-(Contd.) 
REPUBLIC OF KENYA 
NATIONAL SEED QUALITY CONTROL SERVICE 
FIRST INSPECTION RFSULT IPIN/lIKEN/P/l 
Page 85 
(r. 11(5) 
Gro\vers Name .................................................................................................................. and No ............................................................ . 
Species .......................................................................................... Variety .......................................... Crop No .................................... . 
Class ................................................................................................ hectares ............................................................................................................ . 
Does the crop have proper cultivar characteristics ......................................................................................................... .. ----------
COllnts 
-
l. 
2. 
3. 
4. 
5. 
6. 
To 
Av -
-
tal 
erage 
Percentage OU-types Diseases 
, I 
1 __ -
---------I 
I ____ I 
-----
.-----Other I Noxiolls Other Crops 
Features Weeds 
I -j 
, 
I 
I I , I ! . 1----1----1 ----1-----====---=---,---Identity 
The isolation distance/time of ................................... days/meters IS adequate/inadequate and 
should be corrected. 
General condition of crop, e.g. drought, crop husbandry, etc ......................................................................... . 
Further relnarks ............................................................................................................................................................................................... . 
Estimated yield .............................................................................. bags/hectares. 
This crop is approved/rejected. 
Signature of seed .grower or representative ......................... : .................................. Da,te .............................. , ........... , .... . 
Signature Date ..................................................... . 
Director. N.S. Q.C.S. IP/N/lIKEN/P/J 
Page 86 
FORM SR 6A [Subsidiary] 
SIXTH SCHEDULE-(Contd.) 
REPUBLIC OF KENYA (r. 11 (7)) 
NATIONAL SEED QUALITY CONTROL SERVICE 
FINAL FIELD INSPECTION 
Growers Name .................................................................................................................. and No. 
Species .......................................................................................... Variety ................................................ Crop No .............................. . 
Class .......................................................................................... 11ectares 
Factor 
Off-types 
Diseases 
Tassels 
Weeds 
Other Crops 
Others (Spe­
cify) 
Remarks .. -
1sl. impection I 2nd Inspection 
I I 
I 
I 
I 
I I 3rd Inspection I Total No. 0 
I I I I i r% 
I 
I I 
I I 
I I , 
......................................................................................................................................................................................................... ,' ................................. . 
This crop is approved/rejected. 
Date ............................................................................................... . Signatllre ............................................ ........................... . 
Director, N.S.Q.C.S. [Subsidiary] 
SIXTH SCHEDULE-(Contd.) 
FORM SR 7 
REPUBLIC OF KENYA IP INIIIKEN/P /1 
Page 87 
(r. 11 (10)) 
NATIONAL SEED QUALITY CONTROL SERVICE 
SEEDS TRANSPORT ORDER 
M/s . ............. ............................................ , .......................................... . 
Farm ................................................................................................... . 
You may transport for processing ........................... bags of your seed crop 
from ........................... to ........................... on ................. of •• " 19 .. f ••• 
Species ...................................................... 
Variety 
Crop Nos ................................................... . 
Which have been clearly identified with 
(state type of identification) 
Date ............................ .. 
Director, N.S.Q.C.S. 
Note.-This order does not revoke the Movement Permit of scheduled crops 
obtainable from N.C.P.B. or KG.G.C.U. IP/NI 1 IKENIPll 
Page 88 
FORM SR 8 SIXTH SCHEDULE-(Contd.) 
REPUBLIC OF KENYA 
NATIONAL SEED QUALITY CONTROL SERVICE 
WORK ORDER FOR ................................................................................... . [Subsidiary] 
Cr. 14 (2») 
The following Jot has been cleared and must be inspected for processing. 
l\1erchant .................................................................................................................................................................................................................... . 
Grower No ........................................... and Name ............................................................ Date of Issue ........................................ .. 
Species ............................................................................................................ Variety ................................................................................... . 
Generation .................................................................................... Weight of10t before processing .................................... kg. 
Quantity ............................................................................................................ Cleaning ........................................................................ % 
Lot No. .. .............................................................................................. Provision germination ................................................ % 
Serial Nos. 
No. of Labels of Labels 
Issfle ---- i 
I 
----
----
----
i 
=~_-___ I 
----
----
I --- I 
--I No. of 
Unflsed 
Labels -----I Date of 
Sealing , 
I , 
I 
I 
I 
I 
I 
I 
I 
I 
I 
I Nos. of 
Seals 
Used 
I 
I ! Containers I Sample 
No. 
I , 
I 
I 
I ---
1--
Remarks if any ..................................................................................................................................................................................................... . 
The Inspector ........................................................................ _ 
Place ....................................................................................................... .. 
Date ..................................................................................................... . [Subsidiary] 
FORM SR 9 
To: SIXTH SCHEDULE-( Contd.) 
REPUBLIC OF KENYA 
NATIONAL SEED QUALITY CONTROL SERVICE 
REQUEST FOR TESTING OF A SEED SAMPLE 
The Official Seed Tester, 
National Seed Quality Control Service, 
P.O. Box 1679, 
NAKURU. 
The attached sample is enclosed herewith for testing 
A. Details of Sample IP /NI 1iKENIP 11 
Page 89 
(r. 14 (2)) 
1. Name of Producer ............................................................................. . 
2. Species ............................................................................................. 
3. Variety ................................. Status ............................................... . 
4. Lot No ........................................ Ref. No ....................................... . 
5. Seed Import Permit No ...................... of .................. Date ................. . 
6. Weight of Lot ................................................................................... . 
7. Seed Dressing ................................................................................... . 
8. Date of Sampling ............................................................................. . 
9. Further remarks ................................................................................ . 
(e.g. noxious weeds, seed borne diseases observed in field) 
B. Test required* 
PURITY /GERMINATION/MOISTURE/INJURIaUS 'WEEDS/DISEASE/ 
PESTS 
Test tobe paid for by .............................. 'P;G~ "BOK· ......................... .. 
Copies to: National Seed Quality Control Service, 
p.a. Box 1679, Nakuru. 
p.a. Box 249, Kitale. 
I certify that this sample was drawn by me in the prescribed manner. 
The Sampler 
Date ,., ........... , .................... . 
*To be deleted as necessary. IPIN/IIKEN/P/l 
Page 90 
FORM SR lOA SiXTH SCHEDULE-(Colltd.) 
REPUBLIC OF KENYA {Subsidiary] 
(r. 14 (3) (b)) 
NATIONAL SEED QUALITY CONTROL SERVICE 
OFFICIAL SEED TESTING STATION 
SEED TESTING CERTIFICATE -------------
OFFICIAL SAMPLE: I TEST NUMBER 
Date received: j--'-I-:-'----:------------ ._----------------------
Lot Number: Weight of lot: 
Crop species and variety: As stated by Seed Inspector 
Country of origin: ------.-------
RESULTS OF ANALYSIS ----------- -------;------ ---
Purity Germination 
Pure Inert-1 
other-,"VCCd -Fi-s~- -Capacity IH~mi J-F-rc-s-h-] remai-- Pure 
Seed Matter crop Seeds COLlnt (G), un germ I nder ger:mirl-I 
(2) I I " Seeds (P) (I) Seeds I (3) '-t- ---I Seeds atmg 
I I I I PxG 
0/ 10 % 0/ /0 J i 100 
I I I : 
I I I 
I I ' 
% daY' % Iday, % i % % % % Mois­
ture 
% 
--~-----~-- ------------
*Incl. ......................................................... % abnormal sprouts of which ................................... , % broken germs. 
(1) 
(2) 
(3) NOTE: Marketable or not marketable 
----------------------, 
Special test 
-hid---I 
Deposit 1---­
Govt. 
Unpaid ----.I -...... -.. -.-OffiCial Seed 'fester-
Date ...................................................................... .. 
Director, N.S.Q.C.S. 
Seed Testing Laboratory 
Copies to 
(1) 
(2) 
Any inquiries concerning this test must quote the 
Test number. . {Subsidiary] 
FORM SR lOB SIXTH SCHEDULE-(Contd.) 
REPUBLIC OF KENYA IPINIlIKENIPIl 
Page 91 
(r. 14 (3) (b)) 
NATIONAL SEED QUALITY CONTROL SERVICE 
OFFICIAL SEED TESTING STATION 
TEST REPORT 
PRIVATE SAMPLE: TEST NUMBER 
Report on private samples are for the information to -----------­
the sender only. 
Date received: 
Lot Number: Weight of lot: 
Crop species and variety: As stated by Seed Inspector 
Country of origin: 
RESULTS OF ANALYSIS 
Purity Germination ---'----,---1------·--- ----1-----:'---1 I I 
I'Mois­
ture Pure 
Seed 
(P) Inert other 
Matter crop 
(1) Seeds 
(2) Weed 
Seeds 
(3) Fisrt Capacity Hard 
Count (G) Fresh 
ungerm 
Seeds remai­
nder Pure 
germin­
ating 
Seeds 
PxG 
100 
i I 
I I 
_% __ :.--_%_0 --..!-__ %_-.:..I __ % __ ~d_ay_S~%_o -,-d_a_ys-,---%_o .:---_%_0_"-_%_0 -, __ %_0 ---...:. __ % ___ .I~ 
*Incl ............................................................. % abnonna1 sprouts of which .................................... % broken germs. 
Paid 
Deposit (1) 
(2) 
(3) 
----------
Govt. -------1---------Unpaid -----1 
i I Official Seed Tester 
Date ....................................................................... . 
Director, N.S.Q.C.S. 
Seed Testing Laboratory 
Copies to 
(1) 
(2) 
Any inquiries concerning this test must quote the 
Test Humber.· IP/N/1/KEN/PII 
Page 92 
FORM SR 11 i[SU bsidiary] 
SIXTH SCHEDULE-( Contd.) Cr. 15 (2) Cc» 
REPUBLIC OF KENYA 
NATIONAL SEED QUALITY CONTROL SERVICE 
STOP-SALE ORDER 
Date ................................................. .. 
Merchant ................................................................................................................................................................................................................... .. 
Address ....................................................................................................................................................................................................................... . 
The following lots of seeds are found to be in violation of Seed Regulations: 
I 
Spieces Variety L ot No. No. c:f cont-I Quantity Kind of 
amers Violatioll 
I 
I I 
I 
I 
I . 
I Sail I 
I . 
I Yes r: 
1-1-
I 
I I , 
------------------''-------'---------'--------'~-----
By this notice you are ordered to hold/these lot/lots of seed in tact at : .......................................................... . 
................................................................................................................................................................................................ until compliance 
with the law has been achieved and the seed has been released from this order. 
As soon as steps have been taken to remove the violation, please advise: 
Director, 
National Seed Quality Control Service, 
P.O. Box 1679, Nakuru Tel. . ...................................................................................... .. 
Other instrllctions ......... _ ............................................................................................................................................................................. . 
···········•.····· ..• ·· •.. ·· ......• ····•··.•· ... • .• ,·t ....................................................................................................................................................... : ...•.•.................•...•..•..• 
Signed ...................................................................... .. 
InspectoT ................................................................. . 
Date_ .................................................. _ ...................... .. [Subsidiary] 
FORM SR 12 SIXTH SCHEDULE-(Contd.) 
REPUBLIC OF KENYA 
NATIONAL SEED QUALITY CONTROL SERVICE 
ApPLICATION FOR A SEED SELLER'S LICENCE 
The National Seed Quality Control Service 
P.O. Box 1679 
NAKURU IPIN/llKENlP1 1 
Page 93 
(r. 18 (1) (a») 
Applicant ....... '" ................................................................................... . 
Address ............................................................................................... . 
I hereby apply for seed seller's licence as an agent/stockist. 
Name and address of premises ................................................................. . 
Sub-location ..................... Location .................. Division 
District ......................... , .................................... . 
Species to be sold ................................................................................ . 
.......................................................................................................... 
......................................................................................................... 
Storage faciliti.es ................................................................................... . 
•••••••• ••••• 1.· •• ' .••••••••••••••••••••• · ••••••••• 11 ••••••••••••••••••••••••••••••••••••••••••••••••••••• 
Date ....................................... Signature ............................................ . 
---------_. ------ '-'-~-
FOR OFFICIAL USE ONLY 
Application received on ......................................................................... .. 
Premises inspected by ................. 1 ••••••••••••••••••••••••••••• •••••••• ••••••••••••••••••••• 
Decision Approved Rejected 
Licence No ........................................ Date ......................................... . 
Signature ....................................... 
Director (N.S.Q.C.S.) IP/N/lIKEN/PIl 
Page 94 
FORM SR 13 SIXTH SCHEDULE-(Contd.) 
REPUBLIC OF KENYA 
NATIONAL SEED QUALITY CONTROL SERVICE 
p.a. Box 1679, NAKURU 
SEED SELLER'S LICENCE {Subsidiary] . 
(r. 18 (1) (b» 
Licence No . .......................................................................................... 
A seed seller's licence as an agent/sub-agent/stockist is hereby granted to 
(Name) . ................................................................................................. 
(Address) ............................................................................................ . 
for trading of seeds at (Name of premises) 
of the period ................................. , 19 ... to ................................. , 19 .. . 
This licence is subject to the following conditions: 
1. The seed must at all times meet minimum germination standards. 
2. Sealed containers shall not be tampered with. 
3. Seed will always remain in a cool and dry atmosphere with no direct sunlight. 
4. Seed '\vill be kept away from chemicals and such other substances as can be 
injurious to the seed. 
5. Upon licensing the licencee shall: 
(a) Pay appropriate fee. 
Cb) Renew the licence upon expiry. 
Date ............................. . 
Director, N.S.Q.C.S. [Subsidiary] 
FORM SR 14 SIXTH SCHEDULE-(Contd.) 
REPUBLIC OF KENYA IPIN/1IKENIPI 1 
Page 95 
Cr. 20 (1) Cb)) 
NATIONAL SEED QUALITY CONTROL SERVICE 
To: NOTICE TO IMPORT/ExPORT 
The National Seed Qualtiy Control Service, 
P.O. Box 1679, 
Nakuru. 
JjWe hereby apply to the import/export the seeds as described below in accordance with the 
terms laid down in the Seeds and Plant Varieties Act, and the Seeds Regulations made there 
in. 
1. Full name of applicant ....................................................................................................................................................................... . 
2. Postal Address ......................................................................................................................................................................................... . 
Tel. No ............................................................................................................................................................................................................ . 
3. N.S.Q.C.S. Registration Number ........................................................................................................................................ .. 
4. Locational of the stores where the seeds will be kept after arrival .......................................................... . 
5. Quantities on seed of same variety in stock. ...................................................................................................................... . 
6. Name and address of supplier ..................................................................................................................................................... . 
7. Particulars of the seed import 
Crops species Variety Category Weight in kg. 
I 
- I 
-
-I I I ---
8. Declaration from individual merchants: 
In signing this application, I also declare that the seeds as above will, under no circumsta­
nces, be distributed for commercial purposes. 
9. the seed consignment shall be accompanied by: 
(a) Phytosanitary certificate. 
Cb) The Orange International (J.S.T.A.) certificate 
pate Signature ........................................................................................................... . IP IN 11 IKEN IP 11 
Page 96 
SIXTH SCHEDULE-(Contd.) 
FOR OFFICIAL USE ONLY 
(1) Recommendation of the Director, N.S.Q.C.S. {Subsidiary] 
I have examined the application and I have established that: 
(a) The cultivar has/has not been tested for adaptability in Kenya. 
(b) The source of importation is/is not reliable. 
(c) From the sales returns, the quantities of seed of the same cultivar held 
in stock within the country is ........................ kilograms/tons. 
(d) The applicant has/has not a valid registration certificate. 
in view of the above, I recommend/ do not recommend the application. 
Name ............................................ . 
Signature 
Director, N.S.Q.C.S. 
Note.-This is subject to approval by the Director of Agriculture and the 
Ministry of Supplies and Marketing. {Subsidiary J 
FORM SR 15 SIXTH SCHEDULE-(Contd.) 
REPUBLIC OF KENYA 
MINISTRY OF AGRICULTURE 
P.O. Box 30028, NAIROBI 
SEED IMPORT/ExPORT PERMIT 
(Seeds and Plant Varieties Act, 1972) IP/N/1/KENIPIl 
Page 97 
Cr. 20(1) (b» 
S/No ................................ . 
Permit No .................................................................................................................................................................................................................. . 
Date ............................................................................................................................................................................................................................... . 
Permissio11 is hereby granted to .......................................................................................................................................................... . 
of ...................................................................................................................................................................................................................................... . 
'vvith N.S.Q.C.S. Registration No ............................................................................................................................................... . 
to inlport from ..................................................................................................................................................................................................... . 
the following seeds: ------:._---------;------ ---._ .... 
Species Variety Category 
-'--_______ J .... __ 
su bject to the following conditions: 
1. The consignment of seed shall be accompanied by­
(1) Phytosanti8.ry and certificate. 
(2) International Orange (I.S.T.A.) certificates Weight in kg. 
2. The consignment shall be su bjectecl to Kenya Plant Quarantine Regulations and on 
arrival in your stores shall be inspected by plant inspectors. 
3. The seeds shall not be distributed prior to the outcome of the results of sample unless 
with express permission of authorized officer or his agent. 
4. Payment of sampling and testing fees as stipulated in Schedules 5 to the seeds Regulations 
shall be honoured. 
5. Fulfilment of commerce/customs requirements and adherence to regulations pertaining 
to importation of seed. 
6. Additional conditions ................................................................................................. . 
c.c. The Director, 
National Seed Quality Control Services, 
P.O. Box 1679, 
Nakuru. Signahlre ................................................................................. __ ..... . 
Permanent Secretary 
Ministry of Agriculture 