Related documents
- Is amended by 24th Annual Supplement

LAWS OF KENYA
WAREHOUSE RECEIPT SYSTEM ACT
THE WAREHOUSE RECEIPT SYSTEM REGULATIONS
LEGAL NOTICE 3 OF 2021
- Published in Kenya Gazette Vol. CXXIII—No. 22 on 29 January 2021
- Commenced on 22 January 2021
- [Revised by 24th Annual Supplement (Legal Notice 221 of 2023) on 31 December 2022]
Part I – PRELIMINARY
1. Citation.
These Regulations may be cited as the Warehouse Receipt System Regulations.2. Application.
These regulations shall apply to—3. Interpretation.
In these Regulations, unless the context otherwise requires—“Act” means the Warehouse Receipt System Act (Cap. 350);“county executive committee member” means the member of the county executive committee responsible for matters relating to agriculture in the respective county;“delivery” means the release of the actual possession of warehoused commodity to the owner on demand and upon production of the warehouse receipt to a warehouse operator;“independent warehouse manager” means a collateral manager certified by the Council and appointed by the county executive committee member to manage warehousing operations pursuant to suspension or revocation of a license of a warehouse operator by the county executive committee member;“inspector” means a person appointed as an inspector under the Act; and“licensed warehouse” means a warehouse licensed in accordance with the Crops Act (Cap. 318).Part II – LICENSING OF WAREHOUSE OPERATORS AND REGISTRATION OF COLLATERAL MANAGERS
4. Certificate of conformity to be issued by the Council.
5. Licensing of warehouse operators.
6. Issuance of a warehouse operator's licence.
7. Renewal of license.
8. Suspension and revocation of Licence.
9. Publication of names of warehouse operators.
In addition to the requirement to publish the names of licensed warehouses in the Gazette and one daily newspaper of nationwide circulation, under section 17(7) of the Act, the Council shall continually update and publish in its website and any other media the names of warehouse operators—10. Certificate of Compliance for collateral managers.
11. Suspension and Revocation of Certificate of Compliance.
Part III – THE CENTRAL REGISTRY
12. Features of the central registry.
13. Duties of the Central Registry.
The Central Registry shall be required to—14. County registries.
15. Submission of copies Warehouse Receipts.
16. Fees and charges.
Part IV – WAREHOUSE RECEIPTS
17. Types of commodities and minimum lots.
The Council shall—18. Determination of normal shrinkage.
The Council shall from time to time establish and provide values to be used by warehouse operators in determining the usual and normal shrinkage in weight of commodities during storage due to natural processes.19. Warehouse receipts.
20. Replacement of a warehouse receipt.
21. Surrender of receipts in split of lots.
Part V – NEGOTIATION AND TRANSFER OF WAREHOUSE RECEIPTS
22. Negotiation and transfer.
23. Delivery of commodities.
24. Uncollected commodities in a warehouse.
25. Sale of commodities under lien.
26. Claims included in the warehouse operator’s lien.
A warehouse operator’s lien on commodities deposited, or on the proceeds thereof, shall include—Part VI – DUTIES AND OBLIGATIONS OF A WAREHOUSE OPERATOR, DEPOSITOR AND PLEDGEES
27. Duties of a warehouse operator.
In addition to the obligation under section 33 of the Act, a licensed warehouse operator shall—28. Obligations of a depositor or warehouse receipt owner.
A depositor of a commodity or warehouse receipt owner shall—29. Duties of a pledgee.
Where an owner of a warehouse receipt pledges the receipt in favour of a pledgee, the pledgee—30. Suspension of operations of a warehouse operator, etc.
31. Collateral management after suspension or revocation of license.
Part VII – INSPECTIONS
32. Appointment of inspectors.
33. Powers of inspectors.
34. Obstruction of inspectors.
Part VIII – MISCELLANEOUS PROVISIONS
35. Commingling of commodities
36. Insurance cover
37. Submission of reports by the Council.
38. Penalties.
Any person who commits an offence under these regulations for which no other penalty is specified is liable to a fine not exceeding three hundred thousand shillings, or to imprisonment for a term not exceeding six months, or to both.39. Dispute resolution.
40. Forms.
Forms prescribed for use in these regulations may be in physical or electronic form and may be used with modifications to enable their effective use.History of this document
31 December 2022 this version
Revised by
24th Annual Supplement
29 January 2021
22 January 2021
Commenced