2115 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.