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NATIONAL co]I|IclL FoR

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SPECIAL ISSUE

Kenya Gazette Supplement No. 197 (Senate Bills No. 12)

REPUBLIC OF KENYA

KENYA GAZETTE SUPPLEMENT

SENATE BILLS,2017

NNROBI, 29th December, 2017

CONTENT

Bill for Inhoduction into the Senate-PAGE

The Food Security Bill, 2017 ....................331

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331

THE FOOD SECURTTY BILL,20L7

ffiEMENTOFCLAUSESClause

PART I-PRELIMINARYl-Short title and commencement.

2-Interpretation.

3-Object and purposes.

4-Guiding principles.

PART U-THE RIGHT TO FOOD

s-Right to food.

O-Obligations of the national and county govenilmentswith respect to the right to food.

7 -Obligation relating to freedom from hunger.

8-Child nutrition.

g-Pregnant and lactating women.

l0 - Prohibition of discrimination.

PART TTT-ESTABTISHMENT OF TIIE FOOI)SECT]RITY AUTHORITY

11 - Establishment of the Authority.

12 - Functions of the Authority.

13 - Headquarters of the Authority.PART IV-MANAGEMENT OF THE AUTHORITY

l4-Board of the Authority.

I 5 - Qualifications for appointment

l6-Tenure of office.

17 -Remuner,ation of the Board.

l8-Vacation of offise.

lg-Powers of the Board.

z0-Committees of the Board.

zl-Delegation by the Board

z2-Conduct of business and affairs of the Board.

332 The Food Security Bill,2017

z3-Director - General.

z4-Tenure of office of Director - General.

zs-Functions of the Director - General.

26-Removal of Director - General.

27 -Staff of the Authority.

2}-Common seal of the AuthoritY.

29 -Protection from personal liability.

PART V-THE SECRETARIAT

30-The Secretariat.

31 -Functions of the Secretariat.

PART YI-COUNTY FOOD SECIruTYCOMIVIITTEES

3z-Establishment of county food security committees.

33-Functions of the county food security committees.

34-Conduct of affairs of the county food securitycommittees.

PART VII-FOOD INSECT]RITY ANDINFORMATION I\{APPING SYSTEMS

3s-Establishment of information and maPping systems.

36 -Food impact assessments.

PART VIII-FINAhICHL PROVISIONS

37 -Non-money Bill status.

38 - Investment of funds.

3g-Financial Year.

N-Annual Estimates.

4l-Annual Report.

4z-Accounts and Audit.

PART Ix -MISCELLAIYEOUS PROVISIONS

43-Prohibition against the infringement of the right tofood.

M-Offences related to diverting food meant for the fooddistribution or subsidy programme.

The Food Security Bill,2017 333II

rlIii

45 -Offences related to the procurement of food items orservices.

46-Offences related to the administering of the eligibilitycriteria index.

47 -Offences relating to the issuance and use of the foodeligibility card.

4&-General penalty

4g-Public participation in the advancement of foodsecurity.

PART X-PROVISIONS ON DELEGATEDLBGISTATION

50-Regulations.

FIRST SCIIBDT]LE-PROVISION AS TO THECONDUCT OF BUSIIYESS AND AFFNRS OF TIIEBOARI)

SECOND SCIIEDULE_TIIE ELIGIBILITYCRITERIA II\DEX

334 The Food SecuritY Bill,2017

FOOD SECURTTY BILL, ?,017

A BiIl for

AN ACT of Parliament to glve effec't to Article 43(1)(c)

of the Constitution on the freedom from hungerand the right to adequate food of acseptablequdi1y; Article 53(1)(c) of the Constitution on theright bi every child to basic nutrition and ArticleZI of the Constitution on the implementation ofrights and fundamental flreedoms under theConstitution; and for connected purposesL

ENACTED by the Parliament of Kenyo, 0s follows -PART I-PRELIMINARY

l. This Act may be cited as the Food Security

Act, ZO1T and shall come into operation on such a date as

the Cabinet Secretary may, by notice in the Gaznfre,

appoint not being more than six months after itspu'Utiration and different dates may be apPointed fordifferent Provisions.

Z.ln this Act, unless the context otherwise

requires-

"ace&ss" in relation to food means the physiC&I,

economic and social access by a person or households to

food through production, puchase or through

programmes implemented Uy Qe State to ensure that the

iigt t of every person who is otherwise unable to procure

food, is actualised;

"adequate food" means the availlbility 9f food in aquantiry a;d quality sufficient to satisfy tht- dietary needs

6f individuais, free from adverse substances and

*ce11able within agrven culture;

'at risk persons" are food-Poor persons who do nOt

have a competent social support system and by reason ofinfancy, pregnancy, advanced years, infirmity or any

orher ieaion-determined by the Authoriry from time totime cannot produce or purttrase essential food items and

commoditieJ in adequate quantity and quality;

.'Authority" means the Food Secuity Authorityestablistred under section I 1;

Short titlo.

Intcrprctrtion,

The Food Security Bill,20IZ 33s

"Cabinet Secretatyt' means the Cabinet Secretaryresponsible for matters related to food security;

"competent social support system" refers to familialor other relationships implying legal duties;

"designated agricultural commodity" means anyagricultural food commodity designated as essential forthe food.security of the .ourt y bithe Cabinet Secretaqyin consultation with rhe AuthorityJ

"essential foodstuffs and commodities" includemuze, beans, wheat, rice, meat, milk, sugar, cooking fat9r oil, paraffin and any other commodity as design-atedby the Cabinet Secretary in consultition with theAuthodty;

"eligibility criteria index" means the indexformulated by the Authority in accordance with theSecond Schedule and |pnlied by the county food securitycommittees to determine the levels of access to food bipotential food poor persons and their eligibility for th;food distribution programme or the food

- subsidy

programme;

"emerggncy food assistance" refers to food providedto both food-pggr persons and non-food-poor'personsduring times of severe food shortage (rccasioned bydisasters;

"family support programme" means the initiativesplt in place by the national and county govemments toraise the capacity of food poor personi, [ouseholds andcommunities to attain the capacity to access food bythemselves through production or purchase;

"food distribution infrastructure" refers to the entirecomplement of individuals, agencies, instinrtions,organisations, centres and such bther organs as thecounty food security committee will designate from timeto time to i-pl"*irt the food distribuf,on programmeand the food subsidy programme in the county;

"food distribution programme" refers to theprograrnme established by the Authority and the countyfood security committees for the benefit of at risicpersons;

336 The Food Sec:urity Bill,2017

..food of acceptable quarity" qreans food whose

value of quutity is'deterrnined as fit for consumption

fi,pf,; tft relrria of food safety, nutrition content and

standardr pt UV the relevant certihcation agengies under

til Kenyan fa* or by - written law or based on

internationaf standards idopted by, 9t appliqable to

tcenya ondrr Article 2(5) and (6) of the Constitution;

..f@d prduction" means an activlty or Process ofprodu;id ittp*ioB, proce-ssing,

- makitrg, -preserving,

iacking ; ?eplrruEini and or-changing the form offood;

..food security" means a situation where 4t1 people,

at all times have regular and permanent pFytical and

r*nomic access to s[fRcient, safe and nutritious food to

meet their oirt.ry needs and food preferences for an

active and healthY life;

"food subsidy Prggramme" refers to th9 Progfam1eestablished uy the Autrr;riry and the county fqgg secryitl

committees ior the bene?it of person$ with limited

r"paUitity as determined by the Authority and county

food securitY committees;

"food" means everything that originates from

biologir.t soulpes and waier, whether processed or not,

*t icf is designated as an eatable or beverlgg fo1 human

ronrumption,-in luding f""d-udditive materials, food raw

materia ard other riaterials used in the -Process

of

ffi;.*tioo, processing and the making of an eatable

or beverage;

risk personscounty foodeligibility forfood subsidY Programme;

..f@d-lxx)r persons" rneaps persons, including

vulnerable persons, who cannot through their owq- o.r any

other *rarir produ@ or puphase eisential fgod items

arrd co*rooities in adequate quantity and quality forstrort or extended Periods of time;

..freedom from hunger" means a situation where all

prr*ni - have acsess to a level of food, c'cpable of

iiiting the rEcommended minimum dietary

requiteirents as the Authority may prescribe;

The Food Security BiA,2017 337

"malnutrition?' tneans poor nutritional status causedby nutritional deficiency or excess;

"minimum amount of food" means the amount offood required to meet the minimum nuffitional needs ofan individual, according to ogo, sex, occupation andhealth status, proyided in-kind, in equivalent monetaryvalue, vouchers or other prescribed form;

"persons with limited capability" means a foodpoor person who in spite of having a competent socialsupport system are unable to produce or purchaseessential food items and commodities in adequatequantities and quality for short or extended periods oftime;

'right to food" means the right of every person tohave regular, pennanent and free access, of all times,either directly or by means of financial purchases, toquantitatively and qualitatively adequ ate, sufficient andsafe food, colresponding to his or her cultural traditionsand which ensures a physical and mental, individual orcollective fulfilling and dignified life free of fear ofhunger or under nutrition;

"vulnerable persons" include infants, children,school going children, pregnant and nursing mothers, theglderly', , internally displaced personS, people withdisabilities, sick persons with chronic diseasei such asHIV/AIDS, victims of conflict, rural people in precariouslivelihood situations, marginalised pbpuiationi in urbanareas, gtoups at risk of social marginalisation anddiscrimination and any other group that may be identifiedfrom time to time.

3. The object and purposes of this Act are-(a) to provide a framework that promotes the

realisation of the right to freedom from hungerand access to food of acceptable quality aJ afund,ameJrtal human right;

(b) to provide a framework that promotes theelimination and prevention of discrimination ofmarginalized groups in the access anddistribution of food;

Object and

Purposes.


(c) to provide a framework that promotes foodproduction, self sustenance and food security inrelation to all persons in KenYa;

(d) to provide a framework and mechanisms for thecoordinated implementation of the nationalpolicy, programmes and plans on food securityby the county governments;

(e) to provide a mechanism for ensuring that foodpoor persons access food at all times inadequate quantities and quality through theimplementation of State sponsored

Plogrammes.

(f) to provide for the establishment of institutionsthat will advance co-operative governance andprocedures for co-ordinating food securityfunctions exercised by the State;

(g) to provide a framework for the planningtbudgeting and implementation of the nationalpolicy on food security and nutrition using a

rights based approach and to ensure theparticipation of rights holders and theaccountability of dutY bearers;

(h) to guarantee the integration of the needs ofvulnerable persons in food and nutritionstrategies;

(i) to ensure that food is treated as a nationalstrategic resource;

0) to ensure that emergency situations Olat

threaten mass access to food are anticipated,mitigated and addressed with equity and speed;

and

(k) to provide for a cross-sectoral networkingplatform comprising all relevant ministries,agencies and acto$ concerned with theproduction, storage, and sale of food forpurposes connected to ensuring access to foodby all Kenyans at all times.

4. All percons under this Act shall, in the Guiding

performanci oi ttreir functions under ttris AciL Eiide{ principhs

by the following principles in addition to the national

The Food Security Bill,2017 339

values and principles set out under Article l0 of theConstitution-

(a) universality, non-discrimination and equity inthe access to adequate food;

(b) preservation of the freedom and dignity ofevery human being;

(c) accountability of duff bearers and transparencyin the food sector particularly emergency foodaid;

(d) coordinated public participation in theformulation, implementation, rlonitoring andcontrol of policies and plans related to food andnutrition security in every sector ofgovernment;

(e) integrity and accountability in the determinationof the food poor status of persons taking intoaccount any other assistance they are eligiblefor including development funds or assistancefrom the government targeting specificcategories of persons including women and theyouth for the improvement of their generalwellbeing;

(0 empowennent and capacity building as a meansof facilitating the attainment of the right tofood;

targeted empowerment and capacity buildinginitiatives for both at risk persons and personswith limited capability through the applicationof state sponsored programmes in order toenable those receiving assistance produce orpurchase their own food in the shortest timepossible;

Eansparency in the implementation ofprogrammes and activities relating to foodsecurity and the allocation and utilization ofpublic and private resources;

availability and access to timely and reliableinformation through the establishment of asimple, fair and accessible procedure enabling aperson to seek information relevant to theenjoyment of the right to food; and

(e)

(h)

(i)

340 The Food Security Bitt,20t7

(i) ensure that interventions ane based on objectiveinformation and methods, and monitoringmechanisms and regular evaluations areestablished, thus ensuring transparency in thepublic management and social audit and thatthat the needs of the population are taken intoaccount.

PART II-TIIE RIGIIT TO FOOD

5. (l) under futicle a3(1)(c) of the Constitution, RiEhttorood'

every person has the right to be free from hunger and tohave adequate food of an acceptable quality.

(2) For the enjoyment of the right to adequate foodand freedom from hunger, the national and countygovernments shall-

(a) respect, protect and fulfil the human right tofood and guarantee mechanisms for itsenforcement;

(b) ensure the availability, acoessibility,adaptability and acceptability of food for all inKenya by making provision for access toproduction resounoes, income and support andmaintaining an enabling environment in whichhouseholds can attain adequate access to foodand nutrition through their own efforts;

(c) promote the production of diverse crops andfoods and put in place measures includingirrigation schemes, water harvesting schemesand other programmes that ensure theavailability of adequate food for all;

(d) put in place mechlrnisms that ensune theavailability of farm inputs and implements andother mechanisms of food production in orderto facilitate food production;

(e) ensure physical access to food that meets theminimum dietary needs of persons orcommunities suffering from or threatened withstarvation;

(0 put in place adequate infrastructure to facilitateaccess and circulation of food particularly inareas affected by food insecurity;

I

The Foodsecnrd ty Bitl, 2017 341

G) formulate and implement the family supportprogramme and other appropriate progfammestargeting-

(i) food poor persons, households and

communities for the greater enhancementof their ability to produce or purchase

' essential food ircms and commodities inadequate quantities and quality; and

(ii) at risk persons and persons with limitedcapabilrty for the purpose of building theircapacity to access food on their ownthrough interverltions that mitigate thefactors that cause them to be food poor;

(h) put in place measures to ensure the availabilityand accessibility of food for individuals, groupsand coilrmunities caught uP in foodemergencies and humanitarian disasters;

(i) protect individuals, groups and communitiesfrom encroachment or interference by anypemon to the access to food;

0) take all reasonable measures to ensure that foodnesources and sources of food production are

protected ftom destnrction and are sustained forfuture use;

(k) monitor and evaluate strategies andprogrammes for the realization of the right to be

free from hunger and the right to adequate food;

(l) provide an opportunity for the public to developtheir understanding, skills and capacitynecessary for achieving equitable and effectiveparticipation in the formulation,implementation and monitoring of any policies,strategies or prcgfarnme interventions aimed atrealizing food and nutrition security; and

(m) guarantee transparency and accountability inthe design and implementation of programmesand interventions by ensuring that suchprogfalnmes and interventions on food securityare based on objective information and methodsand that they are regularly monitorcd andassessed.


6. (l) The national and county governments shallpromote the physical and economic access to adequatefood of acceptable quality.

(2) In ensuring that the national governmentfulfils its obligations under subsection (l), the Authorityshall-

(a) take measures to ensure the right to adequatefood can be realised;

(b) adopt a, comprehensive national strategy andplan of action and policies to promote therealisation of right to adequate food;

(c) advise and collaborate with the relevantagencies and public entities on matters relatingto-

(i) domestic production of diverse foods includingthe cultivation of traditional crops and theaccessibility of food to persons in areas affectedby food insecurity;

(ii) production of diverse foods including thecultivation of traditional crops and that suchfood is accessible to person in areas affected byfood security; and

(iii) establishment of progranrmes that ensure thatfarmers have adequate farm inputs andsupplements to carry out food production;

(d) promote a food nutrition culture thatreappraises local knowledge and makes itpossible to develop food best practices;

(e) create, in consultation with the relevant countyexecutive committee member and the CabinetSecretary responsible for trade, appropriateareas for setting up local and regional foodmarkets;

(0 ensure that precautionary measures are taken tomitigate emergencies in relation to theunavailability of food;

(g) promote investment in infrashrcture tofacilitate the movement of foods within localareas and to areas that suffer from a foodshortages;

Obligations ofthe Nationaland countygovernmentswith rcspect tothe right tofood.

The Food Seeurity Bill,2017 343

(h) promote the circulation of and access to timelymarket information by farmers;

(i) implement, in collaboration with the relevantagencies and public entities, prcgrammes forthe support and protection of small scalefarmers including the provision of subsidies;

0) adopt sustainable food security measules tograduate food poor peruons to persons who canparticipate in food production and distribution;and

(k) facilitate acoess to resources and means ofproduction and promotion of effectiveutilization of resources for maximum foodproduction.

7. (l) The National and county governmentsshall ensure that the minimum dietary needs of persons

who cannot access food and basic nutrition forsurvivalare met.

(2) the national government shall under subsection(l)-

(a) adopt appropriate policies and action plans thatpromote food secutity;

(b) enhance preparedness to respond to foodemergencies and to ensurc provision fordesignated individuals and groups byestablishment of the institutional franreworkcontemplated in this Act; and

(c) adopt culturally-sensitive responses in ensuringthat all persons are free from hunger.

(3) For puposes of subsection (1), eligibility of a

vulnerable person for assistance shall be determinedusing a probability of an acute diminished access to foodat level of consumption, due to environmental, social oreconomic risks and reduced capacity to cope with suchrisks.

(4) The Authority may make rcgulations setting outthe criteria for the identification of eligible persons forthe effective implementation of this Act.

Obligationrelating tofrcedom ftomhungEr.

344 The Food Security Bitl,2017

8. (1) The National and county governments shallpromote childhood nutrition.

(2) The National and county governments shallcollaborate with stakeholders to establish and implementprografirmes, including school feeding prograrnmes, thatpromote child nutrition and food security taking intoconsideration the interests of vulnerable andmarginalized children.

9. (1) Every woman has the right to adequate foodduring pregnancy and lactation. :

(2) The Cabinet Secretary responsible for healthshall, in consultation with the Authority-

(a) put in place measures to ensure that the specialnutrition needs of pregnant and nursing womenwho are food poor are met and that assistmothers to provide adequate care for theirinfants;

(b) promote measures toensure that' pregnant andnursing women have access to informationabout their nutrition needs and those of theirchildren;

(c) establish prograrnmes, health interventions andmonitoring and support systems that promotethe health and nutrition of pregnant andlactating women;

(d) promote and protect the right of infants tobreast milk and to appropriate weaning foodsafter six months of age and adopt appropriatemeasures to ensure the enjoyment of the right tofood for infants; and

(e) adopt measures to provide for food and nuffitionneeds of orphaned and vulnerable infants.

10. (1) The National and county govenrmentsshall not discriminate directly or indirectly against anyperson on any ground, including race, sex, pregnaflc],marital status, health status, ethnic or social origin,colour,age, disability, religion, conscience, belief,culture, dress, language or birth.

childnutrition.

hegnant andlactatingwomen

Rohibition ofdiscrimination,

The Foo'd Security Bitt,2017 34s

I

(2) Notwithstanding subsection (1), the'National andcounty governments may take such action as they mayconsider necessary to remedy past effects ofdiscrimination against a person or group of persons andpromote equality of opportunities with regard to the rightto food.

(3) Any action taken by the National and countygovernments under subsection (2) shall not be consideredto constitute discrimination as contemplated undersubsection (1).

PART M-ESTABLISHMENT OF THE FOODSECTJRITY AUTHORITY

11.. (l) There is established an Authority to beknown as the Food Security Authority.

(2) The Authority shall be a body corporate withperpetual succession and a common seal and shall, in itscorporate narne, be capable of-

(a) suing and being sued;

(b) taking, purchasing or otherwise acquiring,holding, charging or disposing of movable andimmovable propefty;

(c) borrowing and lending money;

(d) entering into conffacts; and

(e) doing or performing all other things or acts forthe proper performance of its functions underthis Act which may be lawfully done orperformed by a body corporate.

12, (1) The functions of the Authority shall beto-

(a) formulate strategies, plans and prograrnmes tofacilitate the realization of the right to foodtaking into consideration the rights ofvulnerable and marginalized persons;

(b) appraise and review the levels of access to foodby all Kenyans in terms of quantity and qualityand liaise with county food security committeesand relevant agencies in ensuring optimalaccess to food;

Establishmentof theAuthority.

Functions ofthe Authority.

The Food Security Bill,2017

(c) collaborate with the necessary entities andstakeholders in the establishment of appropriatemechanisms that ensure access by poor personsto adequate food in both quantity and quality;

(d) promote measures to improve security andaccess to land and water resources and theoptimum and sustainable utilization of theseresources;

(e) monitor the issuance and adminisffation of thefood eligibility card to eligible Kenyans by thecounty food security committees to ensure thatfood poor persons access food with ease and ina timely manner;

(0 monitor the implementation of the fooddistribution programme and the food subsidyprogramme by the county food securitycommittees;

(g) identify food insecure counties and developaffirmative action measures for ensuring thatfood security is realized in the identifiedcounties;

(h) monitor and evaluate the implementation ofpolicies, plans and strategies on food securityand nutrition in Kenya and provide feedback toall county food security committees, relevantministri€s, agencies and actors conoerned withfood production, storage and sale for theirfurttrer action; and

(i) in consultation with the Cabinet Secretaryresponsible for disaster management, carry outemergency response and mitigationprogrammes including, where appropriate, fooddistribution and feeding programmes in the caseof a food emergency or where residents areaffected by malnutrition.

(2) In performing its functions under subsection (l),the Authority shall-

(a) collaborate with the relevant public entities-


(i) to put in place measures to address factorsthat hinder the realization of the right tofood and freedom from hunger; and

(ii) to ensure that their economic and socialprogrammes and activities do notnegatively affect the human right to food;

(b) collaborate with the committees and relevantstate and private agencies to carry out activitiesthat rcsult in the increase and improvement ofagricultural production and the availability,acoess, utilization and stability of food amongwomen and smallholdef farmers in order todecrease poverty and hunger, improve healthand achieve household food and nutritionsecurity;

(c) collaborate with the relevant ministriesresponsible for mattprs that relate to land in theformulation and implementation of strategies

that promote agficulture and land reforms forthe purpose of enhancing food *dty;

(d) sUengthen the networking and coordination ofrclevant sectoral and integfated databases on

food security and nutrition data by the relevantagencies;

(e) prrmote research, nutrition suryeillance, data

iottection, analysis and the sharing and

dissemination of information on food security;

(0 formulato in collaboration with the county foodsecurity committ@s, an eligibility criteriaindex;

(g) liaise with the National Social AssistanceAutlrority established under the SocialAssistance Act and such other entities as itconsiders nesessary for the implementation of@onomic and social prograulmes and activitiesthat promote the right to adequate food and

freedom from hunger;

(h) crpate an e-platform to facilitate the linkagesamongst the county food security committeesand between the Authority and the committees;

24 of 2013.

I\


(n) collaborate with the county food securitycommittees in assisting households affected byemergencies to restore 'lost livelihoods assets,capital and means of food production throughemergency programmes linked to long-terminitiatives;

(o) promote diversification and the use ofalternative methods of agriculture and livestock

:Hl,.t T$,,lxL tlHT't,;:# H:' J,i:Xclimatic conditions that negatively impact foodproduction; and

(p) perform such other functions for the betterimplementation of this Act or as may beconferred on it under any other written law.

1.3. (1) The headquarters of the Authority shall bein Nairobi.

(2) The Authority may establish such other officesanywhere in Kenya as it may consider necessary for thedischarge of its functions under this Act.

PART IV-II,IANAGEMENT OF THE AUTHORITY

14. (1) The management of the Authority shall vestin a Board which shall consist of-

(a) a chairperson appointed by the President withthe approval of Parliament;

(b) the Principal Secretary responsible for mattersrelating to agriculture or the designatedrepresentative;

(c) the Principal Secretary responsible for mattersrelating to livestock or the designatedrepresentative;

(d) the Principal Secretary responsible for mattersrelating to finance or the designatedrepresentative;

(e) the Principal Secretary responsible for mattersrelating to the co-ordination of nationalgovernment or the designated representative;

Headquartersof theAuthority.

Board of theAuthority.


(0 the. chairperson of. the National Social No.24or.Assistance- Authority appointed under section . ^zb}-. '.

' 5(1) of the Social Assistance Act or thedesignated rePresentative;

(g) one person nominated by the National DroughtManagement Authority established under L'N.No.l7lparagraptr 3 of the National Drought or20ll'

Manigement AuthoritY Order, 20ll;(h) two persons nominated by the N-o*

Governmental Organisations Co-ordinationBoard established under section 3 of the Non-'Governmental Organisations Co-ordination Actfrom amongst non-governmental organizationswhich supPort efforts towards the achievementof food **ity;

(i) two persons nominated by the Council ofCounty Governors; and

() the Director Creneral who shall be an ex-officiomember, the secretary to the Board and thechief executive officer of the Authority.

(2) The persons nominated under subsection (1)G)'(h) and (i) shall be appointed by the Cabinet Secretary bynotice in the Gazette.

(3) A person shalt be qualified for nomination and

appointmen-t under subsection (l) (g), (h) and (i) if such

person has knowledge and experience in matters relatingto food security and nutrition.

(4) The designated rePrcsentatives of the members

referred to under subsection (1)(b), (c), (d) and (e) shall

have authority to exercise the powers and functions ofthe designating authority in relation to matters before theBoard.

15. A person shall be qualified for appointment as Qudifications

the chairperson of the Board if that person- appointment.

(a) holds a degree from a university recognised inKenya;

(b) has knowledge and experience in matters relatedto food security; and

(c) has knowledge and experience in matters relatingto-

l

The Food Seeurity BiA,2017

(i) agricultue or livestock;

(ii) land and agrarian rcforms;

(iii) public health;

(iv) public adminisEation; or

(v) economics, sociology, disasrcrmanagement or such other relovantknowledge and cxpcrience as may boconsidered neccssary; and

(d) meets the requirements,of Chaptor Six of tlreConstitution.

16. The chairperson strdl troH office for a term Tcauror

of four years and strait ue eligit le foi reappointnrenrior orllot'

one furthertcnn l

ll. There shall be paiO lto the members of t5e tcnuocntbn

Board such remuneration, fees or allowanccs as the ofltoDo"d'

Cabinet Secretary shall, in consultation with thc Salariosand Remuneration Commission, shall dotcrmino.

lt. The office of the chairperson of tho Board vrrdonorshall become vacant if the chairpendn- oncc'

(a) is unable to perform the functions of thcchairpcrson's office by reason of mcntal orphysical infirmity;

(b) is othcrwise unable or unfit to continue scrvingas the chairperson of the Board;

(c) is adjudged banknrpt;

(d) is convicted of a sriminal offencc and sonrcncodto a t€rm of imprisonment of not less than sixmonths;

(e) is absent, without rpasonable causc, from threoconsecutive meetings of the Board;

(f) resigns in writing addrpsccd to thc hpsidcnt;

(g) fails to declarc ttre chairpenon's intcttst in anymatter being considcrcd or to be coneiderud bythe Board; or

(h) dies.


19, The Board shall have all the powers necessaryfor the proper performance of its functions under this litaq in particular, but without prejudice to the generalityof the foregoing, the Board shall have power to-

(a) enter into contracts;

(b) manage, conEol and administer its assets in suchmaRner and for such purposes as best promotBthe purpose for which the Authority isestablished;

(c) determine the prrovisions to be made for itscapital and reeurrent expenditure and for thercserves of the Authority;

(d) receive any grants, gifts, donations orendowments and make legitimatedisbursements therefrom ;

(e) enter into association with euch other bodies ororgqlzations within or outside Kenya as it mayconsider desirable or approprlate and iilfurtherance of the purposeg for which theAuthority is established;

(f) opgn euch bank acsountg for its funds as may beneeessaryl and

(g) invest any funds sf the Authorlty norlmmedlately required for lts purposes,

fr, (l) The Board may establish sueheommittoes as lt may eonsider neecssnry for theperformance of lte funEtlom and the exerilse of ltepowerE under thls Aet,

(?) The Board.may Go=opt nny person tg rit on anygommlttee eetabliuhed under su-bs€ption 0), whosbknoyledge and sklllE a,re found Reeertary for theperformanee of the furretlom of the Bserd, -

21, The Board rnay by rpsolutisn elthergenerdly or in anl pn{tieular saser delegat€ to anyesmmltt€e sf the Bsard or to any member, offieci,cmployee or agenl of thc Authsrlty,-the exerelqe of nnyo{ 4€ E wem sr the pedormanee eif eny sf the funetlen"ssf the Bsad under firh Aet or undcr hny other writtenlaw,

Powers of theBoard.

Committeps orthe Boad,

Delegetlon by$p Beild,


22.(1) The Board shall conduct its affairs inaccordance with the provisions of the First Schedule.

iZt Except as provided in the First Schedule, the

Board may regulatt its own procedure.

23. (1) There shall be a Director-General of the

Authority who shall be competitively recruited and

appointed by the Board, or such terms and conditions as

the Board shall determine.

(2) A person shall not be qualified for appointment

as a Director-Ceneral under subsection (l) unless that

person-(a) holds a masters degree from a university

recognized in Kenya; and

(b) has knowledge and at least ten years experiencein the food sector.

(3) The Director-General shall be an ex-officiomember of the Board and shall have no right to vote at

any meeting of the Board.

?A. The Director-General shall be appointed fora term of five years and shall be eligible for re-

appointment for one further term.

' 25. (1) The Director-General shall be the chiefexecutive officer of the Authority and secretary to the

Board.

(2) In exercise of the Director-General's functionsunder this Act, the Director-General shall, subject to the

direction of the Board-(a) be responsible for the day-to-day management of

the Authority;

(b) manage the funds, ProPerty and affairs of the

Authority;

(c) be responsible for the management of the staffof the Authority;

(d) oversee and coordinate the implementation ofthe policies, programmes and objectives of the

Authotity;

(e) administer the funds provided for the

implementation of the food distribution

l:^

Conduct'ofbusiness and .

affairs of theBoard.

Direstor-General.

Tenure ofoffice ofDirector-General.

Functions ofthe DirectorGeneral.

The Food Security Bill,2017 3s3

prograrnme and the food subsidy programmeboth at the national and county leveli;

(0 cause to be prepared for the approval of theBoard-

(i) the strategic plan and annual plan of theAuthodty; and

(ii) the annual budget and audited accounts of theAuthodty; and

(g) perform such other duties ?s may be assigned tohim or her by the'Board.

26. The Board may terminate the appointment ofthe Director-General in accordance with- the Director-General's terrns and conditions of service for-

(a) inability to perform the functions of the officearising out of physical or mental incapacity;

(b) gross misconduct or misbehaviour;

(c) incompetence or neglect of dutyi or

(d) any other grbund that would justify removalfrom office under the terms and conditions ofservice.

27. (1) The Board may .appoint such officers,agents and staff as are necessary for the proper andefficient discharge of the functions of the Authorityunder this Act.

(2) The staff appointed under subsection (1) shallserve on such terms and conditions as the Board ffioy, inconsultation with the Salaries and RemuneritionCommission, determine.

28. (1) The common seal of the Authority shallbe kept in the custody of the Director-General or suchother person as the Board may direct, ord shall not beused except upon the order of the Board.

(2) The common seal of the Board shall, whenaffixed to a document and authenticated, be judiciallyand officially noticed and unless the contrary is proved,any order or authorization by the Board under thissection shall be presumed to have been duly given.

Removal ofDirectorGeneral.

Staff of theAuttrority.

Common sealof theAuthority.

354 The Food Securiry Bill,2017

(3) The seal of the Authority shall be authenticatpd

by the signature of the Director-General and the

cfiairperron of the Board or in the absence of eitherperson, such other member of the Board who shall be

designated by the Board for that PurPose

29, (l) No matter or thing done by an officer oran employee of the Authority shall, if the matter or thing

is donE bona fide for executing the functions, powers or

duties of the Authority, render the officer or employee pacting, personally lialile for any action, claim or demand.

(2) Subsection (l) shall not relieve the Authorityfrom liability to pay compensation or damages to any

person for aiy injuri to tlrat persgll, or other loss caused

by the exercide of any poryer eonfened by thit 4ct olryyoiher writrcn law oi 5y the failure of any works of the

Authority,

PART V-TIilE SECRETARIAT

30. (l) There shall be a secrctariat to the Authoritywhieh shall eonsist of-

(a) the Director-General who shall be tho head ofthe Becrctariaft and

(b) sush other persons as the Board shall determine

for the pro:per performance of the functioRs ofthe Eeoretariat under this Act,

(2) The pernons under subsectlon (lxb)_shail be

eompetitlvely ieerultsd and appoltltd Ly thg Board on

eueh terms -

aRd conditions - as the Bsard shall' in

eonsultatlsn wlth the Salaries and Remuneratlon

eommlsslon determlne,

(3) The peraons appointed under subsection (UQ)shau possens riueh knoqlbdge and experienee as sha[ be

dEtermlned by the Board'

31, The funetloRs of the Seeretarlat sha[ be ts':(a) provide toehnleal and admlnlsmatlve BerYlees to

the Bserdl

(b) lmplement tho deeidon1 stretegleg'

progremmes md pollele$ of the Bsardl

(e) reeommend prsp€sals and effer advlee to the

Board for' the fermulation of and

Ptrotoctionfrom pertonalliability.

ThoSocrctadot,

hne$snr of$e Soerthtist


implementation of programmes by theAuthority;

(d) on behalf of the Authority, establish andmaintain relationships with international,national and local institutions on food security;

(e) coordinate and monitor the implementation ofprogrammes and plans by county govemmentson food secudty;

(f) make alrangements for periodical evaluation ofthe policies and programmes in relation to theobjects and functions of the Authodty; and

(g) perform such other functions as may beassigned to it by the Authority.

PART VI-COUhNY FOOD SECT]RITYCOMMITTEES

32. (1) There is established in each county, acounty food security committee which shall consist of-

(a) a person with knowledge and experience inmatters relating to food security appointed bythe county governor and who shall be thechairperson to the committee;

(b) the county executive committee memberresponsible for matters relating to agriculturewho shall be the secretary to the committee;

(c) the county executive committee memberresponsible for matters relating to livestock;

(d) the county executive committee memberresponsible for matters relating to socialservices;

(e) the county commissioner or a designatedrepresentative of the commissioner;

(f) two persons of the opposite gender, withknowledge and experience in matters relating tofood security within the county appointed bythe county governor; and

(g) two persons of the opposite gender, appointedby the county governor to represent such

Establishmentof county foodsecuritycommimees.


special interests within the county as thegovernor shall determine.

(2) A person shall be qualified for appointmentunder subsection (1)(a), (d) and (e) if that person-

(a) holds a degree from a university recognised inKenya;

(b) has knowledge and experience in matters relatedto food security; and

(c) has a working knowledge in any of thefollowing fields -

(i) land and agrarian reforms;

(ii) public health;

(iii) sociology; or

(iv) statistics; and

(d) meets the requirements of Chapter Six of theConstitution. '

(3) The persons appointed under subsection (lXa),(d) and (e) shall be competitively recruited by the countypublic service and appointed by the county governor withthe approval of the county assembly.

(4) In recruiting and appointing persons undersubsection (lXa), (d) and (e), the county public serviceand the governor shall have regard to the diversity withinthe county. \

(5) The committee may co-opt such persons notexceeding two in number to sit in the eommittee, whose

knowledge and skills are found necessary fsr the

performaRce of the functions of the committee.

(6) A county government may establish a fundwhich shall be administered by the eounty food securityeornmittee and into which shall be paid at least tenpereent or such other amount as may be agreed gp9p byttre eounty goverRment sf the annual funds available tothe eouniy constituting eontributions from bsth the

national and county governments with respeet to the

implementation of the food dismibution programme and

The Fpod Securiry Bill,2017 3s7

the food subsidy progrzrmme for the purposes ofproviding emergency food assistance.

33. (1) The functions of a county food securitycorrmittee shall be to-

(a) implement the food security policy andprograrnmes in the county;

(b) advise the Authority on technical issues relatedthe implementation of different programmes onfood security within the county;

(c) collaborate with the Authority and agencies inthe county in ensuring a coordinated approachin facilitating the access of food in the county;

(d) serve as an early warning mechanism onimpending food insecurity situations within thecounty and advise on mitigation measures toaddress the situation;

(e) initiate, urdertake and participate in thecollection, preparation, production anddissemination of data and information on foodsecurity and nutrition in the county;

(0 ensure the proper identification of food inseeureileas appropriate programmes and eligiblebeneficiaries in relation to food securityprograurmes and the correct applicationeligibility criteria;

(g) ensure that food and nutrition security issuesare incorporated in the programmes of thecounty and monitor the performance of thecounty in the implementation of the policies,programme$ and plans oR food and nutritionsecurity issues;

(h) determine the esseRtid foodstuffs andcourmsdities within the county for the purposeof implementing food distribution programmesand food subsidy prosammes;

(i) sqeghead the formation and operationali zationof food and nutrition eommittees at the sub-county and ward levels and in schools andhealth centres within the county;

Functions ofthe countyfood securitycommittee.


CI) coordinate activities of State organs'institutions, the private sector, nongovernmental organizations and communitybased organizations involved in food and

nutrition prograillmes in the county;

(k) establish and implement food distributionprogrcInmes and food subsidy programmestaking into account the peculiar circumstancesof the resPective county;

(l) establish a competent food distributioninfrastnrcture in the county to facilitatedistribution of food and the implementation offood programmes in the countY;

(m) establish a mechanism for the disbursement ofemergency food assistance in collaboration withthe Authoriry; and

(o) mobilise and sensitize the community on foodand nutrition prograilrmes and in collaborationwith the relevant stakeholders and institutionsin the anea, conduct capacity building,education and information campaigns on foodand nutrition securitY issues.

(2) The county food security committee shall, in theperformance of its functions under subsection (1),

iecentralizn, its services to the lowest administrative unitwithin the county as it shall consider appropriate for thepurpose of ensuring food security within the county.

(3) The county food security committees shall be

under the control and direction of the county governor inthe implementation of its functions in accordance withthe policies of the Authority and shall collaborate withthe Authority in the carrying out of its functions undersubsection (1).

Y. The provisions relating to the conduct of the

affairs of the Board prescribed in the First Schedule shall

apply with necessary modifications to the conduct of the

affairs of the county food security committ@.

PART VII-FOOD INSECTJRITY AIIDINFORMATION MAPPING SYSTEMS

35. (1) The Authority shall in collaboration withthe Ministries responsible for finance, disaster

Conduct ofaffairs of thecounty fmdsecuritycommittees.

Establishrnentof insecurityand


management, agriculture, livestock, meteorology,plannitrg, national security and gender, establish foodinsecurity and information mapping systems to providethe information needed to develop and strengthen thecapacity to respond to food emergencies.

(2) In performing its functions under subsection (1),the Authority shall-

(a) support the development of disaster managementplans in relation to food security byimplementing organs;

(b) establish a rights based early warning systemand emergency preparedness strategies on foodsecurity and safety;

( c )'Ii*ffi "&0"fl'#li$:'mr,lffi ,u'Hi;

nutritional status of different groups in society,with particular attention to assessing any form

!I,ffi'I#ilH,$##fl ,ilS,*oiil,Jirf"jlinsecurity, or in a higher prevalence ofmalnutrition among specific population groups;

(d) develop and identfy corrective measures for thepurpose of addressing and preventing causes offood insecurity and malnutrition;

(e) establish systems to ensure the feedback ofinformation in such formats as it may considerappropriate on food security and nutrition topriority audiences at the national, county andcoutmunity levels through the appropriatemedia;

(0 establish risk management and vulnerabilitymapping systems;

(g) establish and coordinate sector specifis roles andmandates related to vulnerability andemergency resPonse; and

(h) undertake a food security baseline and impact

lffiffi,?ii'# :ffi[,'J-iil3il*"' guide

(3) In furtheraRce to subsection (2), the CabinetSecretary responsible for the implementation of

informationmappingsystems.


programmes relating to persons with special needs shall,in consultation with the relevant State organs, provide tothe Authority, information on vulnerability response

mechanisms, including budget ostirnates to support

vulnerable persons.

36. (1) In formulating and prior to the

implementation of a propos&I, policy, pfogrymme orproject that may affect the Tealization of the right to food,the-relevant State organ or concerned person shall carryout an impact assessment to identify, predict, evaluate

and mitigate economic, social and other effects of such

policy, programme or Project.

(2) Where an existing written law requires the

undertaking of an impact assessment prior to the

implementation of a project or programme, the State

organ or concerned person shall incorporate in thatimpact assessment, a food impact assessment in themanner prescribed by the Authority under subsection (4).

(3) The Authority shall cause to be undertaken an

annual right to food impact assessment to identify the

impact of policies, programmes and projects on the

realisation of the right to food.

(4) The Authority shall determine the manner inwhich impact assessments under subsection (1) shall be

undertaken including-(a) the screening of any propossl, policy,

programme or project;

(b) the undertaking of scoping exercises and

examination of alternatives measures for theachievement of the same objectives;

(c) the undertaking of the impact analysis;

(d) the identification and implementation ofmitigation measures; and

(e) the undertaking of public consultation.

PART VIII -FINAIICIAL PROVISIONS

37. (1) For the avoidance of doubt, nothing in thisAct may be construed as providing for or dealing with-

(a) tues;

Food impactasscssments.

Non-moneyBill status.


(b) the imposition of charges on a public fund orthe variation or repeal of any of those charges;

(c) the appropriation, receipt, custody, investmentor issue of public money;

(d) the raising or guaranteeing of any loan or itsrepayment; or

(e) matters incidental to any of those matters.

(2) There may be established a fund which shallconsist of monies specified under subsection (3).

(3) Any expenses that may be occasioned in theimplementation of this Act shall be provided from -

(a) such gifts, grants or donations as may be given;

(b) such monies as may, in the future, be providedby the National Assembly for defraying theexpenses inqurred in the implementation of thisAct; and

(c) such other monies that may lawfully accrue inthe discharge of the functions under this Act,not being monies accruing pursuant to Articlell4 of the Constitution.

38. (1) The Authority may invest its funds in anysecurities which for the time being trustees may by lawinvest in uust funds, or in any other securities which theCabinet Secretary mo), from time to time, approve forthat purpose.

(2) The Authority may place on deposit with such abank as it may determine, any moneys not immediatelyrequired for the purposes of the Authority.

39. The financial year of the Authority shall be theperiod of twelve months ending on the thirtieth June ineach year.

40. (1) At least three months before thecommencement of each financial yeil, the Board shallcause to be prepared estimates of the revenue andexpenditure of the Authority for that year.

(2) The annual estimates shall make provision forall estimated expenditure of the Authority for thefinancial year concerned.

Investment offunds of theAuthority.

Financial year.

Annualestimates.


(3) The annual estimates shall be approved by theBoard before the commencement of the financial year towhich they nelarc and shall be submitted to the Cabinet

. Secretary for approval.

41. The Board shall, within a period of three Annualrcport

months after the end of each financial year, submit-

(a) to the Auditor-General, the accounts of theAuthority in respect of that year togetherwith-(i) a statement of the income and expenditure

of the Authority during that year; and

(ii) a statpment of the assets and liabilities ofthe Authority on the last day of thatfinancial year; and

(b) to the Cabinet Secretary, an annual reportin respect of that year containing-

(i) the accounts of the Authority and statementsrpferred to undor paragraph (a);

(ii) the Authority's performance indicators andany other rclated inforrration;

(iii) a leport on thc operations of the Authorityduring that year; and

(iv) such other information as the CabinetSecretary may rcguest.

_ _{1,. (l) Thq Board shall cause to be kept all proper Accountsltd

books and rccords of accounts of the income, expenditurcand asscts of the Authority.

(2) The accounts of the Authority shall be auditcdand rcported upon in accordance with the Public Audit No,l2or2rxxr.Act,2015,

PART IX-MISCDLLAMOUS PROVISIONS

{:1. A porson sh.ll not act in &manner which- ffi:iH(a) ls lncompatihlu.*rQ or affecte tho onjoyment of ffittrt

the right to food undor this Actl rood.

G) affeets tho right of anothor person to nutritionalfood;


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(c) would affect the production of food that is safefor consumption or the right of another personto nutritious safe food; or

(d) impedes the implementation of activities carriedout for the implementation of food securityunder this Act.

44. A person who diverts funds or food meant forthe food distribution programme or the food subsidyprogramme to a person other than its intendedbeneficiary at any point along the food distribution chaincommits an offence and shall, on convictior, be liable toa fine not exceeding ten million shillings or toimprisonment for a term not exceeding eight years or toboth.

45. A person who procures any food, commoditiesor services in relation to a food distribution prograrnmeor food subsidy progfaillme in a manner contrary to anywritten law on procurement commits an offence and shallbe liable, otr conviction, to a fine not exceeding tenmillion shillings or to imprisonment for a term notexceeding eight years or to both.

6. A person who administers the eligibility criteriaindex in a manner other than that prescribed under thisAct commits an offence and shall be liable, orconviction, to a fine not exceeding two hundred thousandshillings or to a term of imprisonment of three years or toboth.

4l'l . A person who fraudulently acquires, issues, orotherwise uses the food eligibility card commits an

offence and shall be liable, or conviction, to a fine notexceeding two hundred thousand shillings or to a term ofimprisonment of one year or to both.

4E. A person who is convicted of an offence underthis Act for which no penalty is provided shall be liableto a fine not exceeding three million shillings, or toimprisonment for a term not exceeding five years, or toboth.

49. The Authority shall, in promoting publicawareness and participation in the advancement of foodsecurity-

Offencesrelated todivening foodmeant for thefooddistribution orsubsidy

Prograrnme

Offencesrelated to theprccurcrrrcnt offood items orservices

Offencesrelated to theadministrationof theeligibilitycriteria index.

Offencesrelating to theissuance anduse of the foodeligibility card.

Generalpenalty.

Publicparticipation intheadvancementof food


(a) develop the human resources in the field of securig'

food through education and training activities,especially the smatl scale businesses;

(b) stimulate and increase the participation of thecommunity in the human rcsouroesdevelopment activities, improving the

, capability of the small-scale businesses,extension services in the field of food anddiversification of food;

(c) stimulate and direct the participation ofprofessional associations and organizations inthe field of food production;

(d) stimulate and support the activities oftechnological research and or development inthe fieldof food;

(e) disseminate the knowledge and extensionservices in the field of agriculture and foodproduction; promoto the internationalcooperation in the field of food in accordancpwith the national intercst;

(0 stimulate and incrcase the activities of fooddiversification of food consumed by thecommunity, and the stabilization of thetraditional food quality; and

(g) promote public awatrness on thc advancementof food security.

PART X-PROVISIONS ON DELEGATEDTEGISLATION

50' (l) Tho Cabinct Secretary, in consultation with Rcauhrbnr'

tho Authority. may make regulations generally for thebotter carrying out of the provisions of this Act.

(2) tilithout prcjudice ts the gonoality ofsubsection (l), thc Cabinet Socrotary msy malcercgulations-

(a) for the management of food aid and foodemergencies;

G) o provido a framework fon the collaborationand tho monitorlng, by tho Authority, of theactivitios of the county food socurity


conrmittees and a mechanism for ensuringtransparency and accountability under this Act;

(c) for the procedures and mechanisms forconsulting the public on food and nutritionsecurity issues, including public hearings and

meetings at all levels of government;

(d) the conduct of sensitization progranrmesthe publication and disseminationinformation under this Act;

(e) for the conduct of food emergency Programmesunder ttris Act;

(0 for charges and fees to be paid to the Auttrorityin thi performance of its duties under this Act;and

(g) to provide for the required minimum amount offood including the quantity of food or itsmonetary valui, needed to prevent and address

hunger inO for aperson to be free from hunger.

(3) For the puPoses of Article 94(6) of thq

Constitution-(a) the power of the Authority to make reg:ul*ions

shali be limited to bringing ino effect theprovisions.of this Act and thc fulfilment of the6blectives specified undcr subscction (l); and

(b) ttre principlcs and standuds set out undgr th9 crp'2'

Intcipretafion and Gcneral Provisions Act and Ns.23or

the Statutory Instrumcnts Act' 2013 in rclation 2013'

to subsidiary legislation stlall apPly to, lcgulations made under this Act.

FIRST SCHEDT,JTE (s,2213$

PROVISIONS RETATING TO MEETINGS OTTIIE BOARD OF THEAUTHORITY

1, The Board of the Authority shaU meet et least

once in every three months to conduct the busine$s of the

Board of Authority.

2. The chairperson may on an own motion, olupolrcquest by a meniber, call esPqeial peeting of the Boand

of 'the

ntittrority at any time, wherc he sr she considers it

andof

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The Food Securiry Bill,2017

expedient for the transaction of the business of the Boardof the Authority.

3. Other than a special meetitrg, or unless threequarters of members agree, dt least fourteen days' writtennotice of every meeting of the Board of the Authorityshall be given to every member of the Board of theAuthority by the secretary.

4. The quorum at a meeting of the Board of theAuthority shall be half (maybe the quorum can be onethird) of the members or such greater number (thequorum for an important matter can be two thirds of themembers of the board) as may be determined by theBoard of the Authority in respect of an important matter.

5. The chairperson shall preside at the meetings ofthe Board of the Authority and in the absence thechairperson, the vice-chairperson or a member of theBoard of the Authority elected by the members presentfrom among their number shall preside.

6. The matters of the Board of the Authority shall bedecided by a majority of the members present and votingand in the event of equality of votes, the person presidingshall have a casting vote.

7. The proceedings of the Board of the Authorityshall not be invalidated by reason of a vacancy amongthe members or a defect in the appoinfinent orqualification of a member.

E. At the first meeting of the Board of Authority, themembers shall elect a vice-chairperson, not being an ex-fficio member, from among its members.

9. Subject to the provisions of this Schedule, theBoard of the Authority may determine its own procedureand the procedure for any coilrmittee of the Board of theAuthority and for attendance of any other persons at themeetings and may make standing orders in respectthereof.

The Food Securiry Bill,2017 367

SECOND SCHEDUTE (s.2)

PROVISIONS RELATING TO TIIE ELIGIBILITY CRITERIAINDEX

In developing the eligibility criteria index, the Authority shall guided

by the following considerations-

(a) non-discrimination of food poor Persons;

(b) preservation of the human dignity of persons during the process

of administering the eligibility criteria index;

(c) the need to detprmine with accuracy the status of persons as

food poor or othenvise in order to ensure relevant and timelyassistance to all deserving persons;

(d) provision for at risk persons; Persons with limited capability and

emcrgency cases and the varying degfees of assistance required

by each categorY ofPersons;

(e) the inclusion of relevant and responsive parameters in the indexto enable aocurate determination of the food poor status ofrespective Pcrsons;

(f) the simplicrty of the index to allow for the officer administeringthe indix to use it effectivety and for the Person to whom it isbeing administered to understand the process;

(g) the flexibilrty and adapability of the index to allow for its usc inthe diverse

-circumstances found in the differpnt counties in

Kenya;

(h) thc ease with which the indcx will be administcred to divcrsepersons acr)ss the counties of Kenya;

(i) geographical and cultural sensitivity and appropriatcness of anyptogramme, Plan or intcrvention;

() the inclusion of a pcriodic re-evaluation mechanism to rcviewthe need for holders of food eligibility cards to eontinuc to holdthem;

(k) the inclusion of all relevant factors that pertain to thc status of at

risk persons and pcrsons with limitcd capability insofar as

detcrmination of thcir food poor status is concsrned;

(l) thc existcncc of other dcvclopment initiatives and funds in tho

county to assist thc inhabitants to impryvg - their gcnoal

wdl*ing and tho cxtent to which persons oligiblc for the foodpoor status avail themsclves of such bcnefits;


(m) relevant provisions regarding the operationalization of suchother food assistance mechanisms contained in international andregional instruments; and

(n) adherence to the principles of participation, accountability, non-discrimination, transparency and empowerment.

.l

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MEMORANDUM OF OBJECTS AND REASONS

Statement of the Objects and Reasons for the BillThe Bill proposes to give effect to Article 43(l) (c) of the

Constitution on freedom from hunger and the right to adequate food ofacceptable quality.

Article 43 of the constitution establishes the ight "to be ltpe fumhunger, and to have adequate fod of acceptahlc quality". Under Article2l(3), all State organs and all public officers have a duty to address needsof vulnerable groups within society, including women, older members ofsociety, persons with disabilities, children, youth, members of minority ormarginalized communities, and members of particular ethnic, religious orcultural communities.

The need for this legislative framework is based on the requirementby the National and county governments to put in place measures andmechanisms to address food insecurity and ensure that the right to food forall is realised.

This Bill provides a framework and mechanism for the National andcounty governments to fulfil their obligations in relation to food security.

1. Overview of the BillPart I of the Bill sets out the objects and purposes of the Bill and the

principles that are to guide the counties and other actors in theimplementation of this Bill. This part incorporates the national values andprinciples under Article l0 of the Constitution. It also underscores theneed for capacity building as a means of achieving the right to food for allKenyans.

Part tr of the Bill elaborates on the right to food as articulated underArticle 43 of the Constitution. It also confers various obligations on theNational and county govemments in ensuring that freedom from hungerand the right to adequate food of acceptable quality is realised.

This Part also makes specific recognition of the right by children tofood by and confers an obligation on the National and county governmentsto implement school feeding programmes.

This part also proposes that the National and County governmentsshall to the extent of their constitutional mandate promote the physical andeconomic access to adequate food of acceptable quality.

Under this part, the National and County governmente arp mandatedto ensure that ttrc minimum dietary needs of persons who cannot throughtheir own means and for roasons beyond their conEol acpess food andbasic nurition for survival, are met.


It also makes provision for the right to adequate food by a womanduring pregnancy and lactation.

Part m of the Bill provides for the establistrment of Food SecurityAuthority as a body corporate. This part provides for the functions of theAuthority to include-

(a) forrrulation of policies, programmes and sEategies forimplementation by county governments and the establishment ofmonitoring and evaluation mechanisms to determine ttre suitabilityof interventions put in place to ensure food security; and

(b) to monitor and evaluarc the implementation of policies, plans andsfiategies on food security and nutrition in Kenya and providefeedback to all county food security committees, rplevantministries, 4gencies and actors concerned with food production,storage and sale for their further action among its other functions.

Part IV provides for the composition of the Board of the Authorityto be involved in the management of the Authority. It also provides for therecruifipnt and appointnrent of the Director-General of the Authority whoshall be the chief executive officer and responsible for the dailyadministration of the Authority.

Part V provides for the establishment of the Secretariat to be headedby the Director-General and which is responsible for providing technicaland administrative services to the Board and ensuring that its decisions,strategies, programmes and policies are implemented.

Part VI of the Bill provides for the establishment of county foodsecurity committees whose role is to ensure the implementation, by thecounty government, of food security programmes in the county andprovide a mechanism through which the food security situation monitored,any threats to food security are detected early and appropriateinterventions are put in place to avert such thrcats.

This part also provides for decentralisation of county food securitycommittee services to the lowest administrative unit within a county. Thecounty food security committee is to be under the control and direction ofa county governor.

Part VII provides for the establishment of a food insecurity andinformation mapping system to serve as an early warning system, facilitatethe development of disaster management plans and emergencypreparedness strategies and provide a basis for the identification of theappropriate corrective measures for the purpose of addressing andpreventing causes of food insecurity. It also provides for the formulation

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of food impact assessments prior to the implementation of any policies orprogrammes on food insecurity.

Part YIr sets out the financial provisions. It also provides for theestablishment of a Food Security Fund, the preparation and submission ofannual estimates and the annual plan of the Authority to the relevantCabinet Secretary and the keeping of proper books and records of account.

Part x of the Bill contains provisions of a general nature includingactions which affect food security and which constitute offences andimposes an obligation on the Authority to promote public awareness andpublic participation in advancing food security.

_Part X_provides for the formulation of particularised regulations bythe Cabinet Secretary for the better implementation of this Aci2. Statement on how the Bilt conoerns County Governments

- The Bill imposes obligations on the county governments to put inplace mechanisms to implement policies and programmes necessary torealise the right to food in the counties. It also provides for- theestablishment of county food security committees as one of themechanisms of ensuring that the relevant policies, strategies andprogrammes are implemented in the counties.

The committees also serve as a monitoring mechanism with respect

!o rych implementation and act as a source of information on food securityin the county which in turn ensunes that county specific interventions arLadopted and implemented for the purpose of ensuring food security withinthe county.

Such interventions cut across a number of sectors includingagriculture, health, trade and environmental conservation which fall withinthe ambit of county governments under the Fourth Schedule to theConstitution.

The Bill is therefore a Bill concerning county governments in termsof Article I l0 (lXa) of the Constitution.

statement that the Bill is not a money Bitl, within the meaning ofArticle 114 of the Constitution.

This Bill is not a money Bill within the meaning of Article I 14 of theConstitution.

Dated the 6th December, 2017.

KIPCHI.JMBA MURKOMEN,Senate Majority l*ader.

Documents

Kenya Law: Home Pagekenyalaw.org/.../bills/2017/FoodSecurityBill_2017.pdf · Created Date: 1/31/2018 11:31:22 AM