ADVOKS GLOBAL · KENYA
Plant Protection Act
4. Duty of occupiers of land
Edition: 2022-12-31 · In force
4. Duty of occupiers of land
(1)Every occupier or, in the absence of the occupier, every owner of land shall take all such measures as he may be required to take by virtue of any rules made under section 3 of this Act and in addition such other measures as are reasonably necessary for the eradication, reduction or prevention of the spread of any pest or disease which an inspector may by notice in writing order him to take, including the destruction of plants, whether the same are infected with disease or not:Provided that no order for the destruction of any living plants shall be made by an inspector under this subsection—(a)in the case of native reserves, without the approval in writing of the agricultural officer of the district;(b)in the case of any other area, without the approval in writing of the Director of Agriculture or Deputy Director of Agriculture.(2)In the case of two or more joint occupiers or joint owners, each of them shall be deemed an occupier or owner for the purposes of this section.(3)Where any such occupier or owner fails to take any of the measures which he is required to take under subsection (1) of this section, the inspector may, on giving not less than seven days' notice in writing of his intention so to do, cause such measures to be taken; and thereupon such occupier or owner shall, without prejudice to any penalty which he has incurred through such failure, be liable to pay the costs of such undertaking, which shall be recoverable summarily as a civil debt.