Prevention of Cruelty to Animals Act

This Act may be cited as the Prevention of Cruelty to Animals Act.

Contains the phrase "saving or prolonging the life of an animal" in the Interpretation section.

Prohibits certain public contests, performances and exhibitions with animals, including throwing or casting untrained animals, riding or wrestling untrained animals, and riding animals stimulated by cruel appliances or treatments intended to throw off the rider; includes procedural rules about burden of proof and a definition excluding cinematograph presentations from "public performance."

Prohibits any person from exhibiting or supplying for public exhibition a cinematograph film if any scene was organized or directed to cruelly inflict pain, terror or to goad an animal to fury; a defendant may prove they reasonably believed no such scene occurred; offence liable to a fine up to two thousand shillings or imprisonment up to three months.

Any person must not hawk any animal in such a manner as to cause unnecessary suffering; doing so is an offence punishable by a fine not exceeding five hundred shillings.

Section 3 lists acts and omissions that constitute animal cruelty (many tied to ownership or causing treatment) and establishes that causing or procuring such acts is an offence punishable by a fine up to three thousand shillings, imprisonment up to six months, or both.

Causes, promotes or assists at the fighting or baiting of an animal is an offence.

Two prohibitions: (a) persons must not sell, offer, give away or be party to sale of grain or seed rendered poisonous except for bona fide agricultural use; (b) persons must not place poison or poisonous fluid/edible matter (not sown seed or grain) on land or buildings.

The section prohibits using nets, snares, traps or similar devices that cause unnecessary suffering and requires inspection of set devices at least once daily; if a person is convicted the court may order used devices forfeited.

Hunting an injured captive animal is an offence.

Creates an offence for cruel slaughtering of animals, including causing unnecessary suffering or slaughtering in the sight of another animal; lists factual conditions in subsection (2) about religious prescription, place of slaughter, and private consumption.

It is an offence for a person to train any animal by cruel methods (including excessive whipping, heat, electrical shock); conviction may lead to a fine not exceeding two thousand shillings, imprisonment not exceeding three months, or both.

Unlicensed persons who perform experiments commit an offence and are liable to a fine not exceeding three thousand shillings or imprisonment not exceeding six months.

It is an offence for any person to aid or take part in experiments that contravene subsection (1); offenders are liable to a fine not exceeding two thousand shillings or up to three months' imprisonment, or both.

Licensees may perform experiments for certain scientific or judicial purposes; they must anaesthetise animals during experiments and kill animals before recovery if pain or serious injury would persist; subsection (2) does not apply to licensees holding a special permit under section 18.

The Cabinet Secretary may grant licences to persons to perform experiments under specified conditions and periods.

The Cabinet Secretary may grant a licensee a teaching permit to perform experiments specified in their licence to illustrate lectures when satisfied that such experiments are absolutely necessary for instruction (e.g., for acquiring physiological knowledge or combating disease).

Any special permit under this section must specify the period for which it will remain in force.

The Cabinet Secretary has the power to revoke any licence or permit granted under this Act, at any time, if satisfied it ought to be revoked.

Licensees must keep prescribed records of experiments, allow Cabinet Secretary-authorized inspections at reasonable hours, and submit prescribed returns; non-compliance is an offence with fines or imprisonment.

Licensees must allow persons authorized in writing by the Cabinet Secretary to enter and inspect licensed places where experiments are performed.

No experiment shall be exhibited to the general public.

A prosecution under this Part against a licensee may only be instituted with the written consent of the Director of Public Prosecutions.

An animal owner who permits an offence related to their animal is guilty of that offence and liable to the prescribed penalties; if convicted only for failing to exercise reasonable care, the owner will not be liable to imprisonment without the option of a fine.

Authorized officers or police sub‑inspectors may summon a vet or two adults and, when certified the animal is mortally or severely injured or diseased, may destroy the animal without the owner's consent; they may remove or dispose of carcasses and recover reasonable expenses; the person in charge must remove an animal if a vet certifies removal is possible.

Magistrates may authorize seizure and custody of animals pending hearing if satisfied on oath it's necessary; on conviction the court must order convicted persons to pay costs of seizure and custody (recoverable as a fine); at the end of proceedings the court may deliver the animal to its owner or deal with it as directed.

The court may order an animal destroyed and assign it to a suitable person to destroy it humanely; the assigned person must promptly destroy it without unnecessary suffering; unless the owner assents, the court may not make such an order except on the evidence of a veterinary surgeon; the court may order the owner to pay reasonable expenses, recoverable as a civil debt.

Courts may order that a person convicted of an animal cruelty offence be deprived of ownership of the animal or disqualified from owning similar animals; failure to comply with such orders is an offence punishable by a fine up to three thousand shillings or imprisonment up to six months or both.

A person convicted of specified animal-related offences may be ordered to pay compensation (up to six hundred shillings) to an owner, injured person, or to reimburse reasonable expenses for animal care upon application.

Persons authorized to prevent cruelty may take reasonable steps to stop an offence against an animal when summoning an officer would cause unreasonable delay and unnecessary suffering.

Grants officers powers to enter and inspect land, premises or vehicles and to seize items or require information; requires written receipt upon removal and reporting of seizures to a magistrate.

Authorized officers and police may seize vehicles or animals and place them in safe custody; owners are liable for reasonable detention and veterinary costs recoverable on conviction; officers may detain diseased or ill-treated animals similarly.

Courts may summon employers to produce drivers and owners to produce animals for inspection where proceedings are instituted; failure without reasonable excuse may lead to fines (up to 300 shillings first offence, 600 shillings for subsequent offences) and costs.

The court may award up to half of any imposed fine to the complainant (if not a public officer) or to another person the court considers fit.

Any person must not resist, hinder or obstruct an authorized officer or police officer, conceal an animal to defeat such officers' powers, or wilfully withhold or give false information on a requisition; doing so is an offence punishable by a fine not exceeding three thousand shillings or imprisonment not exceeding six months or both.

The Cabinet Secretary may appoint persons as authorized officers after consulting the East African Society for the Prevention of Cruelty to Animals and by notice in the Gazette.

Creates regulations about the manner in which animals may be kept.