Tobacco (Control and Marketing) Act

1. "buying season" means the period declared by the Commissioner under section 9(1) for the purchase of tobacco;
2. "Commissioner" means the Commissioner or the Deputy Commissioner for agriculture;
3. "currency point" has the value assigned to it in the Schedule to this Act;
4. "grower" means a person registered under this Act to grow tobacco;
5. "growing area" means a tobacco growing area declared as such by the Minister under section 2;
6. "inspecting officer" includes a senior agricultural officer, an agricultural officer, a tobacco officer, an entomologist, a principal assistant agricultural officer of the department of agriculture, or any person appointed in that behalf in writing by the Minister for the purposes of this Act;
7. "licence" means a tobacco buying licence issued under section 8;
8. "Minister" means the Minister to whom responsibility under this Act is assigned;

2 further items remain in the statutory text above.

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

1. (1) The Minister may, by statutory instrument, on the advice of the Commissioner, declare any area of land to be a growing area.
2. (2) A person shall not grow tobacco for sale in any area other than in an area declared under subsection (1) to be a growing area.

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

1. A person who wishes to grow tobacco for sale in an area declared to be a growing area shall apply to be registered as a grower in accordance with regulations made for that purpose under section

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

1. (1) The Commissioner shall cause to be distributed to growers, through such persons as he or she shall authorise in writing, tobacco seed for the purpose of planting.
2. (2) No person, other than a person authorised by the Commissioner in writing, may distribute tobacco seed to any grower for the purpose of planting.
3. (3) No person, except with the permission in writing of the Commissioner, shall plant tobacco seed which has not been distributed by or on behalf of the Commissioner in a growing area.
4. (4) A grower shall receive tobacco seed from the person authorised by the Commissioner in such quantities as the person distributing the seed may determine in proportion to the acreage for which he or she has been registered.
5. (5) Tobacco seed distributed under the provisions of this section shall be distributed free of cost to the grower unless the Minister otherwise directs.
6. (6) Nothing in this section shall apply to any tobacco seed which is grown for domestic consumption.

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

1. (1) Where an inspecting officer is satisfied that any tobacco seed is harbouring tobacco pest or disease of such a nature that the tobacco seed should be destroyed immediately, he or she may enter upon any premises where the seed is stored and without any notice destroy the seed immediately.
2. (2) The Commissioner may, by notice in writing, direct the owner or any person having charge of tobacco seed which is harbouring or is likely to harbour pests or diseases to destroy the tobacco seed within a specified time and in such manner as he or she may order.
3. (3) An inspecting officer may enter any premises in which there is stored any tobacco seed in respect of which a notice has been given under subsection (2) and destroy the tobacco seed immediately if the person upon whom the notice has been served has failed to comply with its directions.
4. (4) No compensation shall be payable in respect of any tobacco seed destroyed by virtue of this section.

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

1. (1) The Commissioner may, by statutory instrument-
2. (a) declare a date prior to which in any year tobacco plants in any specified growing area shall be uprooted and destroyed and prescribe the manner in which the destruction may be done;
3. (b) declare a date which shall be later than the date specified under paragraph (a) before which no tobacco shall be planted in a growing area.
4. (2) Upon the publication of the instrument, every occupier of land in that area shall uproot and destroy in the manner prescribed by the Commissioner in the instrument all tobacco plants growing at the time or which may grow during the time between the date declared for uprooting and the date declared for planting tobacco.
5. (3) The Commissioner may in the same or any other statutory instrument exempt any person from compliance with the provisions of the instrument published under this section if he or she is satisfied that this exemption is desirable for the purposes of scientific or experimental work.

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

1. (1) The Minister may, by statutory instrument, establish tobacco markets within a growing area for the buying and selling of tobacco from or by a grower.
2. (2) A grower shall not sell tobacco to a buyer and a buyer shall not buy tobacco from a grower at any place other than at a tobacco market declared under subsection (1).
3. (3) Subject to section 8(1) and (4), nothing in this section shall be construed as affecting the rights of a cooperative union or a cooperative society to collect tobacco grown by its members within a growing area in which it operates.

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

1. (1) A person shall not buy tobacco unless he or she has a valid licence issued by the Minister.
2. (2) The Minister may on application being made to him or her and on payment of the prescribed fee issue a licence to a person who satisfies the Minister that he or she is a suitable person to hold such a licence.
3. (3) A licence issued under this section-
4. (a) shall be valid only for the buying season in respect of which it is issued;
5. (b) shall not be transferable except with the Minister's written permission; and
6. (c) may be cancelled or suspended by the Minister on the ground that the holder has not complied with any condition attached to the licence or that he or she has been convicted of an offence under this Act or of an offence involving dishonesty or fraud or for any other sufficient reason.
7. (4) Where the Minister is satisfied that a licence is lost or destroyed, he or she shall on the payment of the prescribed fee issue a duplicate licence.
8. (5) The Minister shall, by statutory instrument, before a buying season begins, publish the number of licences which may be issued in respect of each tobacco market.

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

1. (1) The Commissioner may, by statutory instrument, declare the date on which the buying of tobacco in any growing area shall begin and cease.
2. (2) The Minister may, by statutory instrument, fix in respect of every buying season either the actual or the minimum price at which tobacco may be bought or sold in any tobacco market within a growing area.
3. (3) Whenever the Minister has, in accordance with subsection (2), fixed the actual or minimum price at which tobacco may be bought or sold, the buyer shall compute the total amount of money payable for the tobacco involved in any one transaction by multiplying the total weight of the tobacco offered for purchase-
4. (a) by the actual price specified under the instrument; or
5. (b) by the price offered by the buyer not being less than the minimum or greater than the actual price fixed under the instrument, as the case may be, and where the amount so computed is not a multiple of five cents, the multiple of five cents nearest to that amount shall be the amount payable to the seller for the tobacco offered for purchase and, accordingly, any such payment shall not be an offence.
6. (4) It shall not be lawful for any person, or a cooperative society or a cooperative union to collect, buy or accept delivery of any tobacco for sale from a grower except during a buying season declared under subsection (1).

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

1. (1) The Minister may, by statutory instrument, impose a cess at such rate as he or she may determine on the purchase by a licensed tobacco buyer of any type of tobacco purchased by the buyer in a growing area.
2. (2) There shall be established a fund to be known as the Tobacco Development Fund into which shall be paid all money collected under subsection (1).
3. (3) The Fund established under subsection (2) shall be deemed to be a Fund to which section 16 of the Public Finance Act, Cap. 193 (Revised Edition, 2000)1 shall apply.
4. (4) The Tobacco Development Fund shall be used for such purposes connected with the development of the production of tobacco, research into the production of tobacco, processing and marketing of tobacco and the promotion of the sales of tobacco as the Minister may determine.
5. (5) Without prejudice to any other method of collection or recovery, cess which has become due and payable shall be deemed to be a debt due to the Government recoverable by civil action.

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

1. The Minister may, by statutory instrument, appoint any person to be an inspecting officer for the purposes of this Act

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

1. (b) at any time, enter any place or premises at which tobacco leaf or seed is stored or at which he or she has reasonable grounds to believe that tobacco leaf or seed is stored, and he or she may-
2. (i) inspect the tobacco leaf or seed;
3. (ii) detect or establish any breach of any provision of this Act;
4. (iii) take samples of the tobacco leaf or seed found at or in the premises or place and submit the samples to any tests he or she considers necessary;
5. (c) give such directions as he or she thinks necessary to ensure that specifications laid down in regulations made under this Act are complied with;
6. (d) without giving any prior notice destroy any tobacco leaf or seed if he or she is satisfied that it is harbouring any tobacco pest or disease of such a nature that the tobacco leaf or seed ought to be destroyed.

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

1. Where under the provisions of this Act the Minister is empowered to exercise any powers or perform any duties, he or she may, by statutory instrument, delegate the exercise or performance of any of his or her powers or duties to any person subject to such conditions, limitations and exceptions as he or she may prescribe

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

1. No matter or thing done by the Minister, the Commissioner, a public officer or an inspecting officer shall, if it is done bona fide for the purposes of executing any provisions of this Act, subject the Minister, the Commissioner or any such officer to any civil liability

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

1. Notwithstanding the provisions of this Act, the Minister may, by statutory instrument, on the advice of the Commissioner, exclude or exempt any type of tobacco from any or all of the provisions of this Act

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

1. (1) Any person who buys tobacco without a valid licence commits an offence and is liable, on conviction, to a fine not exceeding sixty currency points or to imprisonment for a term not exceeding six months, or both.
2. (2) A court convicting a person of an offence under subsection (1) may, in addition to the penalty provided under that subsection, order the forfeiture of the tobacco in respect of which the offence was committed.
3. (3) Subject to section 9(2), any person who fails to pay the actual price or who pays a price below the minimum price fixed by the Minister commits an offence and is liable, on conviction, to a fine not exceeding sixty currency points or to imprisonment for a term not exceeding six months, or both.
4. (4) Any person who-
5. (a) wilfully obstructs an inspecting officer acting in the due execution of his or her duties;
6. (b) buys or takes delivery of tobacco from a grower other than in a buying season;
7. (c) buys tobacco from a grower other than at a tobacco market; or
8. (d) being a person not authorised by the Commissioner distributes tobacco seed, other than tobacco seed exempted by the Commissioner, to any person within a growing area, commits an offence and is liable, on conviction, for each offence to a fine not exceeding thirty-six

6 further items remain in the statutory text above.

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

1. (1) The Minister may, by statutory instrument, make regulations for all matters which, by this Act, are required or permitted to be prescribed and for the proper carrying out or giving effect to the provisions of this Act.
2. (2) Without derogating from the generality of subsection (1), the Minister may make regulations-
3. (a) regulating the production of tobacco, including the acreage a grower may plant;
4. (b) prescribing the method by which growers may be registered, the method by which tobacco seed may be dressed, stored and distributed, the time and places for growing and harvesting tobacco and the manner and place where tobacco may be stored;
5. (c) prohibiting the storage of substance or articles other than tobacco in any place in which tobacco is stored;
6. (d) governing the marketing of tobacco or the specifications to which tobacco shall conform;
7. (e) prescribing the method by which tobacco shall be cured and the grades into which it shall be graded;
8. (f) prescribing the manner in which buying shall be conducted, any records which buyers shall be required to keep and the manner in which those records shall be submitted, the submission of returns by buyers, and the notice or notices to be displayed by persons buying or otherwise dealing with tobacco;

6 further items remain in the statutory text above.

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

1. The Minister responsible for finance may, by statutory instrument, with the approval of Cabinet, amend the Schedule to this Act Schedule (Sections 1, 18)

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.