ADVOKS GLOBAL · KENYA
Fertilizers and Animal Foodstuffs Act
15. Criminal liability of managers, agents and employees
Edition: 2022-12-31 · In force
15. Criminal liability of managers, agents and employees
(1)Whenever any manager, agent or employee of a manufacturer, importer or owner of a fertilizer or animal foodstuff does or omits to do any act which it would be an offence under this Act for such manufacturer, importer or owner to do or omit to do, then unless it is proved that—(a)in doing or omitting to do that act the manager, agent or employee was acting without the connivance or permission of the manufacturer, importer or owner; and(b)all reasonable steps in addition to withholding such connivance and permission were taken by the manufacturer, importer or owner to prevent such act or omission; and(c)it was not under any condition or in any circumstances within the scope of the authority or in the course of the employment of the manager, agent or employee to do or omit to do such act,the manufacturer, importer or owner, as the case may be, shall be presumed himself to have done or omitted to do that act and shall be liable to be convicted and sentenced in respect thereof.(2)Whenever any manager, agent or employee of a manufacturer, importer or owner of a fertilizer or animal foodstuff does or omits to do any act which it would be an offence under this Act for such manufacturer, importer or owner to do or omit to do, he shall be liable to be convicted and sentenced therefor as if he were the manufacturer, importer or owner and may be so convicted and sentenced in addition to such manufacturer, importer or owner.