ADVOKS GLOBAL · KENYA
Seeds and Plant Varieties Act
10. Offences, etc.
Edition: 2022-12-31 · In force
10. Offences, etc.
(1)If any information submitted by or on behalf of—(a)a person making an application or representations in respect of any matter connected with the compilation or alteration of the national varieties list; or(b)an applicant under subsection (3) of section 9 of this Act,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 of this Act may be brought at any time not more than two years from the date upon which it is alleged that such offence was committed.(3)It shall be a defence to proceedings in respect of an offence under sections 7, 8 or 9 of this Act to prove—(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.(4)Any person who—(a)with intent to defraud, gives false information to a seed inspector, a seed analyst or a plant examiner;(b)obstructs, hinders, interferes with or fails to comply with any lawful order given by any seed inspector in execution of his powers or duties under this Act;(c)makes or causes to be made any false statement, false advertisement, and or produces or displays any certificates required to be produced or displayed, under this Act which are false in any material particular(d)while not registered as a seed merchant, imports, processes seed and packages seed for sale purposes;(e)sells or displays for sale any seed which does not correspond with the description in any certificate required to be produced or displayed under this Act;(f)offers for sale, seed that fails to meet the requisite standards or has been rejected at any seed certification stage;(g)otherwise contravenes any other provisions in this Act,shall be guilty of an offence, and upon conviction, shall be liable to a fine not exceeding one million shillings or to imprisonment for a term not exceeding two years, or to both.