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Kenya Act or statute

Parliament of Kenya

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…

Jurisdiction
Kenya
Structure
37 provisions
Citation
Cap. 360
Dates
As at 31 Dec 2022
More statute details
Dates
As at 31 Dec 2022

Source attribution: Source: Kenya Law

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01

Purpose and legislative effect

“This Act may be cited as the 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.

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Showing 37 of 37 provisions

Offence 24Provision 10Interpretation 2Short title

Part I

PRELIMINARY

§ 1PRELIMINARY - 1. Short titleShort title

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

Section 1. Short title Section This Act may be cited as the Prevention of Cruelty to Animals Act.
Section 1Verify source
§ 2PRELIMINARY - 2. InterpretationInterpretation

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

Section 2. Interpretation Section saving or prolonging the life of an animal; or
Section 2Verify source

Part II

OFFENCES IN RELATION TO ANIMALS

§ 10OFFENCES IN RELATION TO ANIMALS - 10. Prohibition of certain public contests, performances and exhibitions with animalsInterpretation

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."

Section 10. Prohibition of certain public contests, performances and exhibitions with animals Section 10(1)(a) throwing or casting, with ropes or other appliances, of any unbroken or untrained animal; or Section 10(1)(b) riding, or wrestling, fighting or struggling with, any untrained animal; or Section 10(1)(c) riding, or attempting to ride, any animal which by the use of any appliance or treatment involving cruelty is or has been stimulated with the intention of throwing off the rider, Section 10(2) For the purposes of proceedings under paragraphs (a) and (b) of subsection (1), if an animal appears or is represented to spectators to be unbroken or untrained it shall lie on the defendant to prove that the animal is in fact broken or trained; and Section 10(3) In proceedings under paragraph (c) of subsection (1) of this section in respect of the use of any such appliance or treatment as is therein mentioned upon an animal before or during a performance, it shall be a defence for the defendant to prove that he did not know, and could not reasonably be expected to know, that the appliance or treatment was to be or was used. Section 10(4) In this section, "public performance" does not include a performance presented to the public by means of the cinematograph.
Section 10Verify source
§ 11OFFENCES IN RELATION TO ANIMALS - 11. Prohibition of films involving cruelty to animalsOffence

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.

Section 11. Prohibition of films involving cruelty to animals Section 11(1) No person shall exhibit to the public, nor supply to any person for public exhibition (whether by him or by another person), any cinematograph film if in connexion with the production of the film any scene represented in the film was organized or directed in such a way as to involve the cruel infliction of pain on or terror to an animal or the cruel goading of any animal to fury. Section 11(2) In any proceedings brought under this section in respect of any film, the court may (without prejudice to any other mode of proof) infer from the film as exhibited to the public or supplied for public exhibition, as the case may be, that a scene represented in the film as so exhibited or supplied was organized or directed in such a way as to involve the cruel infliction of pain on or terror to any animal or the cruel goading of any animal to fury, but (whether the court draws the inference or not) it shall be a defence for the defendant to prove that he believed, and had reasonable cause to believe, that no scene so represented was so organized or directed. Section 11(3) Any person who contravenes the provisions of this section shall be guilty of an offence and liable to a fine not exceeding two thousand shillings or to a term of imprisonment not exceeding three months, or to both. Section 11(4) For the purposes of this section, a cinematograph film shall be deemed to be exhibited to the public when, and only when, it is exhibited in a place to which for the time being members of the general public as such have access, whether on payment of money or otherwise, and the expression "public exhibition" shall be construed accordingly.
Section 11Verify source
§ 12OFFENCES IN RELATION TO ANIMALS - 12. Hawking of animals in cruel manner prohibitedOffence

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 12. Hawking of animals in cruel manner prohibited Section 12(1) Any person who hawks any animal in such a manner as to cause unnecessary suffering to the animal shall be guilty of an offence and liable to fine not exceeding five hundred shillings. Section 12(2) For the purposes of this section, "hawk" means to carry in any manner for sale, barter or exchange any animal and includes the act of selling or exposing for sale an animal by any person in or at any place in or at which he does not usually reside or carry on business.
Section 12Verify source
§ 3OFFENCES IN RELATION TO ANIMALS - 3. Acts and omissions which amount to cruelty and penalties thereforOffence

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.

Section 3. Acts and omissions which amount to cruelty and penalties therefor Section 3(1)(a) cruelly beats, kicks, ill-treats, over-rides, over-drives, over-loads, tortures, infuriates or terrifies any animal; or Section 3(1)(b) uses an animal which is so diseased, injured or in such physical condition that it is unfit to be so used; or Section 3(1)(c) conveys, carries, confines or impounds an animal in a manner or position as to cause that animal unnecessary suffering; or Section 3(1)(d) without sufficient cause, starves, underfeeds or denies water to an animal; or Section 3(1)(e) being the owner of an animal, without reasonable cause or excuse, abandons it, whether permanently or not, in circumstances likely to cause the animal unnecessary suffering; or Section 3(1)(f) being the owner of an animal, keeps it in a grossly dirty or verminous condition or, without reasonable cause or excuse, fails to procure or administer veterinary treatment or attention for the animal in case of disease, injury or delivery of young; or Section 3(1)(g) wilfully, without reasonable cause or excuse, administers any poisonous or injurious drug or substance to an animal or causes any such substance to be taken by an animal; Section 3(1)(h) subjects an animal to veterinary surgery in contravention of the Veterinary Surgeons and Veterinary Para-professionals Act (Cap. 366); or Section 3(1)(i) subjects an animal to any operation, surgical interference or other treatment which is performed without due care and humanity; or Section 3(1)(j) being the owner of any animal, fails to have it destroyed where the animal is so seriously injured or diseased that to prolong its life would cause it unnecessary suffering; or Section 3(1)(k) hunts, kills or destroys any animal in such a manner as to cause that animal more suffering than is necessary; or Section 3(1)(l) being the owner of any animal, without reasonable cause or excuse, does or omits to do an act which causes unnecessary suffering to the animal. Section 3(2) Any person who causes or procures any animal to be used or treated in contravention of any of the provisions of subsection (1) of this section, shall be guilty of an offence of cruelty. Section 3(3) Any person guilty of an offence of cruelty shall be liable to a fine not exceeding three thousand shillings or to a term of imprisonment not exceeding six months, or to both. Section 3(4)(a) the hunting and killing or destruction of any animal under the provisions of the Wildlife (Conservation and Management) Act (Cap. 376), the Rabies Act ( Cap.365 ) or any other written law for the time being in force; or Section 3(4)(b) subject to the provisions of section 7 of this Act, the coursing and hunting of captive animals; Section 3(4)(c) subject to the provisions of section 8 of this Act, the slaughtering of any animal; or Section 3(4)(d) subject to the provisions of section 9 of this Act, the training of any animal; or Section 3(4)(e) the performance of an operation on an animal under the provisions of the Veterinary Surgeons and Veterinary Para-professionals Act (Cap. 366); or Section 3(4)(f) subject to the provisions of Part III of this Act, the performance of any experiment on an animal,
Section 3Verify source
§ 4OFFENCES IN RELATION TO ANIMALS - 4. Fighting and baiting of animal an offenceOffence

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

Section 4. Fighting and baiting of animal an offence Section causes, promotes or assists at the fighting or baiting of an animal; or
Section 4Verify source
§ 5OFFENCES IN RELATION TO ANIMALS - 5. Offences relating to poisoned grain and flesh, etc.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.

Section 5. Offences relating to poisoned grain and flesh, etc. Section 5(1)(a) sells, or offers or exposes for sale, or gives away, or causes or procures any person to sell or offer or expose for sale or give away, or knowingly is a party to the sale or offering or exposing for sale or giving away of any grain or seed which has been rendered poisonous except for bona fide use in agriculture; or Section 5(1)(b) knowingly puts or places, or causes or procures any person to put or place, or knowingly is a party to the putting or placing in or upon any land or building any poison, or any fluid or edible matter (not being sown seed or grain) which has been rendered poisonous, Section 5(2) It shall be a defence to proceedings under paragraph (b) of subsection (1) that the poison was placed for the purpose of destroying insects and other invertebrates, rats, mice and small ground vermin or any other animals where such is found to be necessary in the interests of public health, agriculture, or the preservation of other animals, or for the purpose of manuring the land, and that all reasonable precautions to prevent injury to other animals were taken.
Section 5Verify source
§ 6OFFENCES IN RELATION TO ANIMALS - 6. Offences relating to the use of traps and other devicesOffence

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.

Section 6. Offences relating to the use of traps and other devices Section 6(1)(a) uses, or causes or procures to be used, any net, snare, trap or other device so designed as to cause unnecessary suffering to an animal captured or killed thereby; or Section 6(1)(b) having set, or having caused or procured to be set, any net, snare, trap or other device, fails to inspect or to cause some competent person to inspect, the net, snare, trap or other device at reasonable intervals of time and at least once every day between sunrise and sunset, Section 6(2) Where any person is convicted of an offence under this section the court may, in addition to any penalty that may be imposed, order any net, snare, trap or other device used by such person for the capturing or killing of any animal to be forfeited.
Section 6Verify source
§ 7OFFENCES IN RELATION TO ANIMALS - 7. Hunting of injured captive animal an offenceOffence

Hunting an injured captive animal is an offence.

Section 7. Hunting of injured captive animal an offence Section 7(1)(a) in an exhausted, injured or mutilated condition; or Section 7(1)(b) in such manner or place as to expose it to immediate attack, or danger of attack, by other animals; or Section 7(1)(c) in an enclosed space from which it has no reasonable chance of escape, Section 7(2) For the purposes of this section, a captive animal shall not be deemed to be coursed or hunted before it is liberated for the purpose of being coursed or hunted, or after it has been recaptured, or if it is under control.
Section 7Verify source
§ 8OFFENCES IN RELATION TO ANIMALS - 8. Cruel slaughtering of animals an offenceOffence

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.

Section 8. Cruel slaughtering of animals an offence Section 8(1)(a) in such a manner as to cause it more suffering than is necessary; or Section 8(1)(b) in the sight of any another animal awaiting slaughter, Section 8(2)(a) that at the time of the alleged offence he was of a religious persuasion that prescribed the slaughter of an animal in the manner in which it was slaughtered; and Section 8(2)(b) that the animal was slaughtered in a place other than a slaughterhouse or abattoir; and Section 8(2)(c) that the animal was slaughtered for private consumption and that the meat of such animal was not the subject of sale, barter or exchange.
Section 8Verify source
§ 9OFFENCES IN RELATION TO ANIMALS - 9. Training of animals in cruel manner an offenceOffence

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.

Section 9. Training of animals in cruel manner an offence Section 9(1) A person who, whether for the purposes of the exhibition or not, trains any animal by the cruel infliction of pain or terror, or by the excessive use of a whip, goad or other instrument, or by the application of heat, electrical shock, or other similar appliance or agency, shall be guilty of an offence and liable to a fine not exceeding two thousand shillings or to a term of imprisonment not exceeding three months, or to both such fine and imprisonment. Section 9(2) Where any person is convicted of an offence under this section, the court may, in addition to any penalty that may be imposed, order any whip, goad or other instrument, or appliance used by such person for the training of any animal to be forfeited. Section 9(3) Where it is proved to the satisfaction of a subordinate court on a complaint made by an authorized officer or police officer that the training or exhibition of any animal has been accompanied by cruelty and should be prohibited or allowed subject only to conditions, the court may make an order against the person in respect of whom the complaint is made prohibiting the training or exhibition or imposing such conditions thereon as may be specified by the order. Section 9(4) If any person is aggrieved by the making of an order, or by the refusal to make such an order, he may appeal to the Supreme Court whose decision shall be final. Section 9(5) An order made under this subsection shall not come into force until seven days after it is made, or, if an appeal has been entered within that period, until the determination of the appeal. Section 9(6) For the purpose of this section, "exhibition" means an exhibition and any entertainment to which the public are admitted whether on payment of money or otherwise. Section 9(7) This section shall not apply to the training of any animal for bona fide military or police purposes nor to the exhibition of an animal so trained.
Section 9Verify source

Part III

CONTROL OF EXPERIMENTS

§ 13CONTROL OF EXPERIMENTS - 13. Experiments only to be performed by licensed personsOffence

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.

Section 13. Experiments only to be performed by licensed persons Section Any person, other than a licensee, who performs any experiment shall be guilty of an offence and shall be liable to a fine not exceeding three thousand shillings or to a term of imprisonment not exceeding six months, or to both.
Section 13Verify source
§ 14CONTROL OF EXPERIMENTS - 14. Prohibition of performance of experiments subject to certain conditionsOffence

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.

Section 14. Prohibition of performance of experiments subject to certain conditions Section 14(1)(a) performs an experiment otherwise than in accordance with the terms of his licence or permit and subject to the restrictions imposed by section 15 . Section 14(1)(b) performs any experiment for the purpose of attaining manual skill; or Section 14(1)(c) performs any experiment for the purpose of illustrating any lecture at any university, college, hospital, medical school, agricultural college, farm school or any other academic institution unless he is the holder of a teaching permit issued under section 17 of this Act, and, unless the experiment is of a class specified in such permit and is performed in accordance with the terms of the permit, Section 14(2) Any person who aids, or takes part, in the performance of any experiment in contravention of the provisions of subsection (1) of this section shall be guilty of an offence. Section 14(3) Any person guilty of an offence under this section shall be liable to a fine not exceeding two thousand shillings or to a term of imprisonment not exceeding three months, or to both. [L.N. 2/1964.]
Section 14Verify source
§ 15CONTROL OF EXPERIMENTS - 15. Restrictions upon performance of experiments by licenseeProvision

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.

Section 15. Restrictions upon performance of experiments by licensee Section 15(1)(a) for the purpose of the advancement by new discovery of physiological knowledge, or of any knowledge which will be useful for saving or prolonging life, or alleviating suffering, or for combating any disease, whether of human beings, animals or plants; Section 15(1)(b) for the purpose of testing any former discovery alleged to have been made for the advancement of the types of knowledge referred to in paragraph (a); Section 15(1)(c) by the order in writing of a Judge of the Supreme Court in any where such Judge is satisfied that it is essential for the purpose of justice in a criminal case to make such experiment. Section 15(2)(a) throughout the whole of the experiment the animal is under the influence of an anaesthetic of sufficient power to prevent the animal feeling pain; and Section 15(2)(b) if the pain is likely to continue after the effect of the anaesthetic has ceased, or if any serious injury has been inflicted on the animal, the animal is killed before it recovers from the influence of the anaesthetic which has been administered. Section 15(3) The provisions of subsection (2) of this section shall not apply to a licensee who is the holder of a special permit granted under section 18 of this Act in relation to any experiment specified in such special permit. [L.N. 2/1964.]
Section 15Verify source
§ 16CONTROL OF EXPERIMENTS - 16. Grant of licenceProvision

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

Section 16. Grant of licence Section 16(1) The Cabinet Secretary may grant a licence to any person to perform any experiment for any purpose specified in such licence during such period and subject to such conditions in addition to the conditions specified in this Act as he may think fit. Section 16(2) It shall be a condition of a licence granted under this section that any experiment performed pursuant to such licence shall be performed at such place as may be specified in such licence. Section 16(3) It shall be a condition of any licence granted under this section to any person who is not registered under the Veterinary Surgeons and Veterinary Para-professionals Act (Cap. 366) or the Medical Practitioners and Dentists Act ( Cap. 253 ) that any experiment performed pursuant to the licence shall be performed under the supervision or direction of a person duly registered under one or other of the Acts aforesaid.
Section 16Verify source
§ 17CONTROL OF EXPERIMENTS - 17. Teaching permitsProvision

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).

Section 17. Teaching permits Section 17(1) Where the Cabinet Secretary is satisfied that it is absolutely necessary for the due instruction of persons attending any course of lectures for the purpose of acquiring physiological knowledge or knowledge which will be used for saving or prolonging life, or alleviating suffering, or for combating any disease whether of human beings, animals or plants, for any such lecture to be illustrated by the performance of an experiment, the Cabinet Secretary may grant to a licensee under this Act a teaching permit to perform any experiment specified in such licence for the purpose of illustrating the lecture. Section 17(2) A teaching permit under this section shall be subject to such conditions, in addition to the conditions specified in this Act, as may be specified in such permit, and such permit shall remain in force for twelve months from the date on which it is granted. [L.N. 2/1964.]
Section 17Verify source
§ 18CONTROL OF EXPERIMENTS - 18. Special permitsProvision

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

Section 18. Special permits Section 18(1)(a) by the performance of the experiment under anaesthetic; or Section 18(1)(b) by killing the animal on which the experiment is performed before it recovers from the influence of an anaesthetic, Section 18(2) Any special permit under this section shall specify the period for which it shall remain in force. [L.N. 2/1964.]
Section 18Verify source
§ 19CONTROL OF EXPERIMENTS - 19. Revocation of licence or permitProvision

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.

Section 19. Revocation of licence or permit Section Every licence or permit granted under this Act may be revoked at any time by the Cabinet Secretary on being satisfied that such licence or permit ought to be revoked. [L.N. 2/1964.]
Section 19Verify source
§ 20CONTROL OF EXPERIMENTS - 20. RecordsOffence

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.

Section 20. Records Section 20(1) A licensee shall keep, in such form as may be prescribed, records of all experiments performed by him under a special permit. Section 20(2) A licensee shall permit any person authorized in writing by the Cabinet Secretary to inspect those records at any reasonable hour. Section 20(3) A licensee shall render to the Cabinet Secretary in such form and at such time as may be prescribed such returns as may be required in relation to an experiment performed by him under a special permit. Section 20(4) A licensee who contravenes, or fails to comply with, the provisions of this section shall be guilty of an offence and shall be liable to a fine not exceeding three thousand shillings or to a term of imprisonment not exceeding two months or to both.
Section 20Verify source
§ 21CONTROL OF EXPERIMENTS - 21. InspectionsOffence

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

Section 21. Inspections Section 21(1) A licensee shall permit a person authorized in writing by the Cabinet Secretary to enter and inspect, for the purpose of ascertaining whether the provisions of this Act are being complied with, any place specified in any licence for the performance of experiments. Section 21(2) Any person who resists, hinders or obstructs any person authorized under subsection (1) in the exercise of his powers of inspection under this subsection, or conceals any animal with intent to defeat the exercise of such powers of inspection, shall be guilty of an offence and liable to a fine not exceeding one thousand shillings or to a term of imprisonment not exceeding one month, or to both. Section 21(3) For the purposes of this section no person shall be authorized by the Cabinet Secretary unless he is registered under the Veterinary Surgeons and Veterinary Para-professionals Act (Cap. 366) or the Medical Practitioners and Dentists Act ( Cap. 253 ). [L.N. 2/1964.]
Section 21Verify source
§ 22CONTROL OF EXPERIMENTS - 22. Absolute prohibition of public exhibition of experimentsOffence

No experiment shall be exhibited to the general public.

Section 22. Absolute prohibition of public exhibition of experiments Section 22(1) No experiment shall be exhibited to the general public. Section 22(2) Any person who performs or aids in performing an experiment which is exhibited to the general public, whether admitted on payment of money or otherwise, shall be guilty of an offence and liable to a fine not exceeding two thousand shillings or to a term of imprisonment not exceeding three months, or to both.
Section 22Verify source
§ 23CONTROL OF EXPERIMENTS - 23. Consent to prosecutionProvision

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

Section 23. Consent to prosecution Section A prosecution under this Part of this Act against a licensee shall not be instituted except by or with the written consent of the Director of Public Prosecutions. [L.N. 2/1964, Act No. 12 of 2012 , Sch.]
Section 23Verify source

Part IV

MISCELLANEOUS AND SUPPLEMENTARY PROVISIONS

§ 24MISCELLANEOUS AND SUPPLEMENTARY PROVISIONS - 24. Liability of ownersOffence

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.

Section 24. Liability of owners Section 24(1) A person who, being the owner of an animal, permits the commission of an offence under this Act or against any regulation made thereunder in relation to that animal shall be guilty of that offence and liable to the penalties prescribed therefor. Section 24(2) For the purposes of this section an owner shall be deemed to have permitted the commission of an offence if he fails to exercise reasonable care and supervision in respect of the protection of the animal therefrom provided that, where an owner is convicted of permitting the commission of an offence by reason only of his having failed to exercise reasonable care and supervision, he shall not be liable to imprisonment without the option of a fine.
Section 24Verify source
§ 25MISCELLANEOUS AND SUPPLEMENTARY PROVISIONS - 25. Destruction of injured animals by authorized officer or police officer without consent of ownerProvision

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.

Section 25. Destruction of injured animals by authorized officer or police officer without consent of owner Section 25(1) If an authorized officer or a police officer of or above the rank of Sub- Inspector finds an animal so diseased or so severely injured or in such a physical condition that in his opinion it ought to be destroyed, he shall, if the owner is absent or refuses to consent to the destruction of the animal at once summon a veterinary surgeon, if any veterinary surgeon is within reasonable distance, or two adult persons, and if such veterinary surgeon or adult persons, after having duly examined the animal, shall give a certificate that the animal is mortally injured or so severely injured or so diseased or in such physical condition that it is cruel to keep it alive, it shall be lawful for such officer, without the consent of the owner to destroy the animal, or cause or procure it to be destroyed, with such instruments or appliances and with such precautions and such manner as to inflict as little suffering as practicable, and if the destruction takes place on any public road, to remove the carcass or cause it to be removed therefrom. Section 25(2) Where any animal is destroyed in accordance with this section and the owner thereof is absent and cannot be found without unreasonable delay, it shall be lawful for such authorized officer or police officer to take such reasonable steps as are necessary to dispose of the carcass. Section 25(3) A veterinary surgeon summoned under this section certifies that any injured animal can without cruelty be removed, it shall be the duty of the person in charge of the animal to cause it forthwith to be removed with as little suffering as possible, and, if that person fails so to do, or if there is no person in charge of the animal, the authorized officer or the police officer may cause the animal forthwith to be so removed. Section 25(4) Any expenses which may be reasonably incurred by an authorized officer or a police officer in carrying out the provisions of this section may be recovered from the owner summarily as a civil debt. Section 25(5) It shall be a defence to any action or proceeding which may be brought against a person for or arising from the destruction of an animal by such person or with his authority that such animal was so severely injured, or so diseased or in such a physical condition that it would have been cruel to have kept it alive and that to summon an authorized officer or a police officer or veterinary surgeon would have occasioned unreasonable delay and unnecessary suffering to such animal. [Act No. 10 of 1969 , Sch.]
Section 25Verify source
§ 26MISCELLANEOUS AND SUPPLEMENTARY PROVISIONS - 26. Custody of animals pending proceedingsOffence

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.

Section 26. Custody of animals pending proceedings Section 26(1) Whenever a person is charged with an offence under this Act or any regulation made thereunder in relation to an animal, a magistrate having jurisdiction in the area which the offence is alleged to have been committed may by order in writing authorize any person to seize that animal and to cause it to be removed to some place of custody, pending the hearing of the charge, if the magistrate is satisfied, from information given on oath, that such seizure and removal are necessary in order to prevent the animal being exposed to further damage, injury or unnecessary suffering. Section 26(2) Upon the conviction of any person of an offence committed in relation to an animal which has been seized and placed in custody under subsection (1) of this section, the court shall, in addition to any penalty that may be imposed, order the person convicted to pay such sum equal to the costs which the court finds to have been incurred in connection with the seizure and custody of that animal and the sum so ordered to be paid shall be recoverable as if it were a fine. Section 26(3) At the conclusion of proceedings in respect of an offence committed in relation to an animal which has been seized and placed in custody in terms of this section, the said animal may be delivered to the owner thereof or dealt with in such other manner as the court directs.
Section 26Verify source
§ 27MISCELLANEOUS AND SUPPLEMENTARY PROVISIONS - 27. Power of court to order destruction of animalsOffence

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.

Section 27. Power of court to order destruction of animals Section 27(1) Where the owner of an animal is convicted of an offence under this Act or against any regulation made thereunder in relation to any animal, it shall be lawful for the court, if the court is satisfied that it would be cruel to keep the animal alive, to direct that the animal be destroyed, and assign the animal to any suitable person for that purpose, and the person to whom such animal is so assigned shall, as soon as possible, destroy the animal, or cause or procure the animal to be destroyed, in his presence, without unnecessary suffering. Section 27(2) Unless the owner assents, no order shall be made under this section except upon the evidence of a veterinary surgeon. Section 27(3) Any reasonable expenses incurred in destroying the animal may be ordered by the court to be paid by the owner, and may be recovered summarily as a civil debt.
Section 27Verify source
§ 28MISCELLANEOUS AND SUPPLEMENTARY PROVISIONS - 28. Power of court to deprive person convicted of offence of ownership of animalOffence

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.

Section 28. Power of court to deprive person convicted of offence of ownership of animal Section 28(1)(a) depriving such person of the ownership of the animal; Section 28(1)(b) disqualifying such person from owning, possessing or controlling any similar kind, type or class of animal for such period as it thinks fit under the circumstances: Section 28(2) No order shall be made under this section unless the court is satisfied by evidence of a previous conviction for an offence involving cruelty to an animal, or as to the character of the convicted person or by other evidence, that animals owned, possessed or controlled by such person are likely to be exposed to a further offence under this Act. Section 28(3) Where a court makes an order under paragraph (a) of subsection (1) of this section, it may make a further order as to the disposal of the animal and where a court makes an order under paragraph (b) of that subsection, it may stipulate the manner in which and the time within which such person shall be required to dispose of any other animals of a kind, type or class which he may then own, possess or control. Section 28(4) Any convicted person who fails to comply with any provision of any order made by a court under the provisions of this section shall be guilty of an offence and shall be liable to a fine not exceeding three thousand shillings or to a term of imprisonment not exceeding six months or to both.
Section 28Verify source
§ 29MISCELLANEOUS AND SUPPLEMENTARY PROVISIONS - 29. Compensation in certain casesOffence

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.

Section 29. Compensation in certain cases Section 29(1) Where any person, by committing an offence in relation to any animal under section 3 , 4 , 5 , 6 , 7 , 9 or 10 of this Act, does, or causes to be done, any damage or injury to the animal or to any person or property he shall upon conviction for that offence be liable, upon the application of the owner of the animal or the person who has sustained damage or injury to his person or property, to be ordered to pay as compensation to such owner of the animal or such person, as the case may be, such sum not exceeding six hundred shillings which the court before whom he is convicted may consider reasonable and the sum so ordered to be paid shall be recoverable as if it were a fine. Section 29(2) A person convicted of an offence under this Act or against any regulation made thereunder in relation to any animal shall, upon the application of any person who has incurred expenses in providing necessary veterinary or other treatment, food or shelter or other care or attention for any animal in respect of which such offence was committed, or for caring for such animal until the making of an order by the court for the disposal of animal, be liable to be ordered to pay as compensation to such person such sum not exceeding six hundred shillings which the court finds to have been reasonably incurred for the purpose aforesaid and the sum so ordered to be paid shall be recoverable as if it were a fine. Section 29(3)(a) prevent the taking of any other legal proceedings in respect of any such damage or injury or expenses incurred, so, however, that a person be not twice proceeded against in respect of the same claim; or Section 29(3)(b) affect the liability of any person to be proceeded against and punished under this Act for an offence under this Act.
Section 29Verify source
§ 30MISCELLANEOUS AND SUPPLEMENTARY PROVISIONS - 30. Any person authorized to prevent crueltyOffence

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.

Section 30. Any person authorized to prevent cruelty Section If any person has reason to believe that any offence is being or is about to be committed under this Act or against any regulation made thereunder in relation to any animal it shall be lawful, where to summon an authorized officer or a police officer will occasion unreasonable delay and unnecessary suffering to such animal, for such person to take such reasonable steps as are necessary to prevent the commission of such offence.
Section 30Verify source
§ 31MISCELLANEOUS AND SUPPLEMENTARY PROVISIONS - 31. Power to enter and inspect land, premises or vehicleOffence

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.

Section 31. Power to enter and inspect land, premises or vehicle Section 31(1)(a) seize any animal, vehicle or any other thing which he has reasonable grounds for believing to be evidence of an offence; Section 31(1)(b) require the owner or occupier of the land or premises or the owner or driver of such vehicle to render such explanation and such information relating to any animal as may be reasonably required by such officer in the performance of his duties: Section 31(2) The power to act under subsection (1) of this sectionshall only be exercised without a warrant if the officer so acting has reasonable cause to believe that the delay occasioned in obtaining a search warrant would seriously hinder him in the performance of his duties, and such power shall be exercised only by or under the directions of a police officer of or above the rank of Sub-Inspector unless the person exercising it has reasonable cause to believe that the delay occasioned in summoning such police officer would, or would tend to, defeat the purposes of this section. Section 31(3) Before removing anything under the provisions of paragraph (a) of subsection (1) of this section, the officer removing it shall furnish the person in whose custody or possession the article is at the time of removal with a written receipt therefor. Section 31(4) Every seizure under this section shall be reported without unnecessary delay to a magistrate.
Section 31Verify source
§ 32MISCELLANEOUS AND SUPPLEMENTARY PROVISIONS - 32. Power to seize animal or vehicleOffence

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.

Section 32. Power to seize animal or vehicle Section 32(1) Where a person having charge of a vehicle or animal is apprehended by an authorized officer or a police officer for an offence under this Act or any regulation made thereunder, it shall be lawful for such officer or any other police officer to seize such vehicle or animal, and to deposit the same in some place of safe custody, until the termination of the proceedings in respect of such offence or until the court directs such vehicle or animal to be delivered to the person charged or the owner thereof, and the reasonable costs of detention, including the reasonable costs of veterinary treatment where such treatment is required, shall, in the event of a conviction in respect of the said animal, be recoverable from the owner as if such costs were a fine. Section 32(2) Where any animal, whether drawing a vehicle or otherwise, shall appear to an authorized officer or police officer to be so diseased or injured as to be unfit for work or to have suffered such ill-treatment as would be an offence under this Act or against any regulation made thereunder it shall be lawful for such officer to detain or seize such animal or vehicle and take charge of and deal with the same in like manner as is provided for under subsection (1) of this section, and the reasonable costs and expenses incurred shall be recoverable in the manner therein provided. Section 32(3) A seizure under this section shall be reported without unnecessary delay to a magistrate.
Section 32Verify source
§ 33MISCELLANEOUS AND SUPPLEMENTARY PROVISIONS - 33. Employers and owners to produce drivers or animals if so requiredOffence

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.

Section 33. Employers and owners to produce drivers or animals if so required Section 33(1) Where proceedings are instituted under this Act or any regulation made thereunder against the driver or conductor of any vehicle, it shall be lawful for the court to issue a summons directed to the employer of the driver or conductor, as the case may be, requiring him, if it is in his power so to do, to produce the driver or conductor at the hearing of the case. Section 33(2) Where proceedings are instituted under this Act or under any regulation made thereunder it shall be lawful for the court to issue a summons directed to the owner of the animal requiring him to produce either at, or at any time before, the hearing of the case, as may be stated in the summons, the animal for the inspection of the court, if such production is possible without cruelty. Section 33(3) Where a summons is issued under either subsection (1) or (2) of this section and the owner or employer, as the case may be, fails to comply therewith without reasonable excuse, he shall be liable to a fine not exceeding three hundred shillings for the first offence and not exceeding six hundred shillings for the second or any subsequent offence on which he so fails, and may be required to pay the costs of any adjournment rendered necessary by his failure.
Section 33Verify source
§ 34MISCELLANEOUS AND SUPPLEMENTARY PROVISIONS - 34. AwardsProvision

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.

Section 34. Awards Section Where in any proceedings under this Act or against any regulation made thereunder any fine is imposed, the court may award any sum or sums not exceeding half the total fine to the person, not being a public officer, who shall complain, or to such other person as to the court seems fit or proper.
Section 34Verify source
§ 35MISCELLANEOUS AND SUPPLEMENTARY PROVISIONS - 35. Obstruction of authorized officer or police officerOffence

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.

Section 35. Obstruction of authorized officer or police officer Section Any person who resists, hinders or obstructs an authorized officer or police officer in the exercise of his powers under this Act or conceals any animal with intent to defeat the exercise of such powers, or who on any requisition under paragraph (b) of subsection (1) of section 31 of this Act wilfully withholds information or gives any information knowing or having reason to believe it to be false or misleading, shall be guilty of an offence and shall be liable to a fine not exceeding three thousand shillings or to a term of imprisonment not exceeding six months or to both.
Section 35Verify source
§ 36MISCELLANEOUS AND SUPPLEMENTARY PROVISIONS - 36. Appointment of authorized officerProvision

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.

Section 36. Appointment of authorized officer Section The Cabinet Secretary may, after consulting with the East African Society for the Prevention of Cruelty to Animals by notice in the Gazette , appoint such persons as he thinks fit to be authorized officers for the purposes of this Act. [L.N. 2/1964.]
Section 36Verify source
§ 37MISCELLANEOUS AND SUPPLEMENTARY PROVISIONS - 37. RegulationsProvision

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

Section 37. Regulations Section prescribing and regulating the manner in which animals may be kept;
Section 37Verify source

Legislative relationships

3 referenced instruments

Names are derived from the stored provision headings and citation-enrichment layer. Treat this as a research index and verify each relationship against the source text.

A–F

1 instrument

  • Cruelty to Animals Act

    Section 1

N–S

1 instrument

  • Public Prosecutions. Section 23. Consent to prosecution Section A prosecution under this Part of this Act

    Section 23

T–Z

1 instrument

  • Veterinary Surgeons and Veterinary Para-professionals Act

    Section 3

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  • 31 Dec 2022 · currentEnglish

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