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2012 Seeds and Plant Varieties (Amendment) No. 53
exercising the powers conferred by this
section,
commits an offence and shall be liable on conviction to a
fine not exceeding fifty thousand shillings or to
imprisonment for a term not exceeding one year or to both.
25. The principal Act is amended by deleting
repealing 33 and replacing it with the following new
subsection—
General Penalty.
Repeal and
replacement of
section 33 of Cap.
326.
33. A person who is convicted of an offence
under this Act for which no other penalty is
provided shall be liable to a fine not
exceeding twenty thousand shillings or to
imprisonment for a term not exceeding six
months, or to both.
26. The principal Act is amended in Part II of the
Fourth Schedule by deleting paragraph 2 and substituting
therefor the following new paragraph-
Amendment of the
Fourth Schedule to
Cap. 326.
2. A variety shall be deemed to be new if, at the date
of filing of the application for a breeder's right, propagating
or harvested material of the variety has not been sold or
otherwise disposed of to others, by or with the consent of
the breeder, for purposes of exploitation of the variety—
(a) in Kenya, for a period of more than one year; or
(b) outside Kenya, for a period more than four years,
or, in the Lase of trees or vines, for a period of more than
six years.
27. The principal Act is amended by repealing the
Fifth Schedule.
Repeal of the Fifth
Schedule to Cap.
326.
28. The principal Act is amended in the Sixth Schedule
by deleting the word "advocate" and substituting therefor
the words "person qualified to be appointed as a judge of
the High Court".
Amendment of the
Sixth Schedule to
Cap. 326.