Senator wants counties to keep livestock registers

County governments will soon be required to establish and maintain a livestock register as part of measures aimed at curbing cattle rustling if a Bill before the Senate is enacted into law.

The Bill also seeks to impose stiffer penalties for cattle rustlers.

The Prevention of Livestock and Produce Theft Bill 2023 tasks relevant county ministers to come up with the register of livestock brands and receive registration applications.

The county executive committee member will also be expected to establish systems for tracking of stolen livestock and facilitate the acquisition of equipment for monitoring and managing the movement of livestock.

Sponsored by Nandi Senator Samson Cherargei, the Bill seeks to provide a framework for the establishment of mechanisms for preventing, combating and eventually eradicating livestock and produce theft.

Mr Cherargei, in the Bill, argues that 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.

“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 reads in part.

To deter the uncontrolled movement of livestock, the Bill provides a framework for the branding of livestock and the requirement to obtain a removal permit when livestock is to be moved from one place to another.

Towards this, the Bill provides that a livestock owner who intends to remove livestock 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 inspectors appointed in every ward to enforce the provisions.

Removal permit

A removal permit, issued by an inspector, shall clearly indicate the particulars of the livestock owner, the date of removal of the livestock and the purpose for the removal.

The permit shall also indicate the number and type of livestock to be moved, and particulars of the brand of which the owner of the livestock is the proprietor.

However, the inspector shall not issue a removal permit if the premises the livestock are being moved from or the destination of the livestock is within an area declared to be hit by a notifiable disease or the Act or any other written law has not been complied with.

“An inspector may at any time inspect livestock being removed from the premises they are ordinarily kept and require the production of a removal permit for inspection,” reads part of the Bill.

The proposed law also seeks to create several offences relating to livestock and produce theft, which will attract stiffer penalties.

Mr Cherargei decried that despite the existence of other laws meant to curb livestock theft, the practice has continued unabated.

The Bill provides that where, for 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 life in prison.

“A person who steals livestock or produce, or receives any livestock or produce knowing or having reason to believe it to be a stolen livestock or produce, commits an offence and shall be liable, on conviction, to a term of not less than 20 years.”

The Bill further stipulates that a person who has in his or her possession any livestock which may reasonably be suspected of being stolen shall, if that person fails to prove to the satisfaction of the court, commits an offence and is liable on conviction to imprisonment for a term of not less than 15 years.

“A person who has in their possession produce which may reasonably be suspected of being stolen or unlawfully obtained commits an offence and is liable on conviction, to imprisonment for a term of not less than 10 years.”

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