GAZETTE NOTICE NO. 10758

IT IS notified for general information to the public that the Cabinet Secretary for Industry, Trade and Co-operatives has appointed a Taskforce on Standards and Quality Infrastructure Reforms in Kenya comprising of: Wachira Maina - Chairperson Members: Joan Onyango (Ms.) - Kenya Law Reform Commission David William Okoth - Directorate of Personnel Management Henry Barmo - National Police Service Humphrey Njogu - KIPRRA Job Wanjohi - Kenya Association of Manufacturers Patrick Nyangweso - KNCC and USMEs Evah Oduor (Mrs.) Julius Kimathi Amundi Gumato U. Yatani (Dr.) Moses Wafula (Eng.) Kobia Lucas Michubu; Joseph Mutharimi Gabriel; Morgan Kiogora; Dave Ntawa Muthuri; Kimathi Munjuri; Jervasius Nyombyekothe; Anne Nyaga; Rufus Miriti J. M.; John K. Mukiira, Danson Gitonga Mwangangi; Elijah Gichuru Kathurima (Dr.); Clement Muyesu; Stephen Kubai Ithili. 2. The Committee may from time to time, with the approval of the Cabinet Secretary responsible for Agriculture, Livestock and Fisheries, co-opt other members whose competences and experience it considers necessary for the performance of its functions. 3. The Terms of Reference of the Technical Team are to— (a) review, identify and prioritize recommendations contained in the Miraa Taskforce Report for immediate - implementation; (b) provide technical guidance and facilitation in the implementation of the Reforms and ensure that such implementation is consistent with Government policy objectives; (c) develop a detailed implementation plan in line with the Report of the Taskforce on development of the Miraa Industry; (d) develop a road map and action plan for the development of the miraa sub-sector focusing on production, value addition and marketing; (e) review the current regulatory framework for the sector and propose changes to align it to current and future needs; and (f) prepare and submit to the Cabinet Secretary quarterly status report on miraa sub-sector reforms. 4. In the performance of its functions, the Committee shall be responsible to the Cabinet Secretary for Agriculture, Livestock and Fisheries. 5. The Committee shall remain in office-for a period of twelve (12) months or for such longer period as the Cabinet Secretary for Agriculture, Livestock and Fisheries may, by notice in the Gazette, prescribe. 6. Secretariat The Secretariat of the Technical team shall be provided by the Ministry of Agriculture, Livestock and Fisheries. Dated the 31st October, 2019. MWANGI KIUNJURI, Cabinet Secretary for Agriculture, Livestock and Fisheries. Joint Secretaries: Joseph Mutuku Mbeva - Head of Secretariat Susan M. Ochieng (Ms.) - KENAS Esther Njeri Ngari (Mrs.) - Kenya Bureau of Standards Raphael Gichora - Weights and Measures 1. Terms of Reference of the Taskforce are to— (i) review and evaluate in comprehensive terms, the weaknesses and shortcomings of the entire Standards and Quality Infrastructure institutional architecture and arrangements in the context of executing the broad mandate and define and recommend an effective, robust, internally coherent and agile institutional architecture in accordance with international best practices in progressive jurisdictions and in conformance with the WTO-TBT obligations; (ii) analyze the entire ecosystem policy, legal and legislative frameworks of the various institutions/agencies and make appropriate recommendations to re-engineer the Standards and Quality infrastructure architecture that is effective, robust, internally coherent and agile with better-connected institutional arrangements to meet the country's goals of managing and mitigating risks to quality, health, safety, environment, fair trade practices, and consumer protection among others; (iii) analyze and map the roles, objectives, functions and operational scopes of various institutions/agencies involved in the entire Standards and Quality infrastructure ecosystem, and make recommendations on reforms to eliminate conflicts of interests, overlapping, duplicative and sub-optimal practices that negatively impacts the efficient enforcement of standards, regulations and an enabling business environment; (iv) identify and evaluate all form of discretionary powers and opportunities of various institutions/agencies in the implementation, monitoring and enforcement of standards and related regulations, and the risks of the discretionary powers and opportunities pose to the effectiveness enforcement of standards and related regulations, and recommend a robust framework to remove and/or institutionalize discretion where merited; (v) identify, assess and test the entire set of processes from the formulation/setting, implementation, monitoring and enforcement of standards for potential loopholes for corruption, bribery, and perpetuation of unfair business practices that are undermining the effectiveness of use and enforcement of standards and regulations in the country and recommend specific solutions to address them; (vi) review and evaluate the weaknesses in the inter-agency co- ordination in the standards enforcement ecosystem and make recommendation for streamlining the interfaces between the different enforcement agencies to allow for a coherent and seamless system for implementation of the institutional/agencies mandates; 15th Noventber, 2019 THE KENYA GAZE 1 4523 (vii) evaluate the weaknesses and challenges including inter- agency co-operation and cainvilination in the enforcement and monitoring of standards, related regulations at the points of entry namely Mombasa Pon, Airports and border paints of entry, and make both specific and general recommendations on process improvements to address the identified weaknesses and challenges; (viii) review the adequacy of the capacity level of the various institutions/agencies involved covering human, financial and other resources for purposes of ensuring efficient implementation of their mandates; and make recommendations on the each institutional/agencies technical capabilities, capacities and resources, including an analysis of their effectiveness; build scenarios on the overall sustainability of the Standards and Quality infrastructure institutions/agencies and their services; (ix) make specific recommendation to the Kenya Bureau of Standards, as follows; (x) evaluate the internal institutional weaknesses of the Kenya Bureau of Standards (KEBS), its mandate, functions, inherent conflicts of interests in the operational structure, including those of related agencies involved in defining, monitoring and enforcing the National Standards and related regulations, and recommend reforms for an effective institutional structure that is responsive to the modern challenges facing the country; (xi) review and evaluate the weaknesses and shortcomings in process and/or practices used by KEBS for the recruitment, appointment, contracting and monitoring of third-pasty conformity assessment services suppliers and make appropriate recommendations on governance challenges such as discretion and administrative oversights that are undermining enforcement of standards; (xii) review and evaluate the inherent weaknesses in the working, performance and management of the PVoC programme and make specific recommendation for reforming the entire PVoC programme for the country covering regimes in place for Consolidate Cargo, MEs, Motor Vehicle Inspection, use of Standardization and Diamond marks, its revenue model, penalties and sanctions; (xiii) prepare and present a comprehensive report all aspects of this assignment in two parts; (xiv) an overall report covering assignment 1 to 8 that should include a well-developed roadmap, an implementation strategy with key performance indicators with delivery timelines; (xv) a specific report on assignment 9 on Kenya Bureau of Standards; (a) Both reports shall contain recommendations on immediate (fast-track), short, medium-, and long- term measures for an effective, sustainable and efficient Standards and Quality infrastructure architecture for the country, including resultant resourcing and budgetary implications.. 2. In the performance of its mandate, the Taskforce — (a) shall regulate its own procedures and develop its own work plan; (b) shall co-ordinate an inclusive stakeholder consultation process at all levels; (c) shall have mandate to solicit, receive and consider written memoranda or such information it may deem necessary from the various institutions/agencies involved in Standards and Quality Infrastructure, users and stakeholders; (d) may, with the approval of the Cabinet Secretary, identify and co-opt technical experts or any other resource, provided that the co-opted members do not exceed one third of the Taskforce; (e) may undertake any other activities required for effective discharge of its mandate; (f) shall prepare and submit to the Cabinet Secretary a work plan at the end of the third week after appointment: subsequently; submit progress reports every other third week thereafter, and final report at the end of two (2) months. (g) shall identify with the permission of the Cabinet Secretary, solicit support Loin development partners. 3. The Taskforce shall be answerable to the Cabinet Secretary, Ministry of Industry, Trade and Co-operatives and remain in office for a period of two (2) months from the date of publication of this notice. 4. The Secretariat of the Taskforce shall be based at the Ministry of Industry, Trade and Co-operatives. Dated the 11th November, 2019. PETER G. MUNYA, Cabinet Secretary for Industry, Trade and Co-operatives.