Bandits who violently raid homes, kill, injure and maim people before stealing their livestock and farm produce now face life imprisonment if a new bill is enacted.
The Prevention of Livestock and Produce Theft Bill, 2023 proposes the punitive punishment and radical reforms to tame cattle rustling in various parts of the country.
“Where, for the purpose of stealing any livestock or produce, or in the course of stealing any livestock or produce, violence or the threat of violence is used, such person is liable, on conviction, to a life term of imprisonment,” the Bill states.
The Bill further says that a person who steals or receives stolen livestock or produce shall have committed an offence whose punishment will be 20 years in jail.
The proposed law is sponsored by Nandi Senator Samson Cherargei. It is set for production in the Senate for first reading.
The proposed legislation targets cattle rustlers and bandits who have been wreaking havoc in parts of Rift Valley.
The government has deployed a multi-agency security team comprising the military and the police to flush out the bandits.
“The principal object of the Bill is to provide a framework for the establishment of mechanisms for preventing, combating and eventually eradicating livestock and produce theft,” Cherargei said in the Bill.
He said livestock theft is a problem that has continued to persist over time and has often led to the loss of life and destruction of property and, therefore, the livelihoods of the affected communities.
The Bill stipulates that every farmer and livestock keeper shall register and brand their animals for easy identification.
“Every livestock owner shall apply to the county executive committee member for the registration in their name of a brand of such nature and dimensions as shall be prescribed in county legislation,” the Bill says.
County executives responsible for Agriculture and Livestock establish and maintain a county register of livestock brands and receive application for and register brands.
The farmers shall be issued with certificate of registration of their animal brands by the county government.
The officers shall also formulate strategies and mechanisms to prevent, combat and eradicate livestock theft and establish systems for the tracking of stolen livestock.
Where a livestock keeper sells an animal, they will be required to apply for transfer of a brand to the new owner.
“Where an application for transfer of a brand is rejected, the county executive committee member shall, within 30 days from the date of receipt of the application give written notification with reasons for rejection to the applicant,” it says.
A livestock owner who intends to remove livestock of which he is the owner from the premises where they are ordinarily kept to other premises for the purpose of sale and slaughter or any other purpose shall obtain a removal permit from the inspector.
The Bill empowers Agriculture Cabinet Secretary to formulate a national policy and standards on identification and movement livestock.
“The CS, in collaboration with the security and other relevant agencies, establishing mechanisms for the disarmament and confiscation of firearms and ammunition illegally held by livestock owners,” the Bill says.
The Bill adds that the law enforcement officer may be granted an order by the court to seize stolen livestock
“Any livestock or produce seized in relation to an offence committed under this Act shall be released to the owner within 72 hours from the time of seizure,” it says.
