Kenya Act or statute

Parliament of Kenya

Animal Diseases Act

Jurisdiction: Kenya
Structure: 23 provisions
Citation: Cap. 364
Dates: As at 31 Dec 2022

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Dates: As at 31 Dec 2022

Source attribution: Source: Kenya Law

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Purpose and legislative effect

“The Act may be cited as the Animal Diseases Act.”

The Director or a person he authorises in writing may order the slaughter of animals that are infected, suspected of infection, have contacted infected animals, or have been exposed to infection or contagion of a notifiable disease. When an animal is slaughtered under the Act, the carcass becomes the property of the Government of Kenya for the Nairobi Area or of the Region for a Region. If an animal was infected with a notifiable disease, compensation is the value before infection; if only suspected, compensation is the value immediately before slaughter. The value of any animal is determined according to the Schedule, and the costs of valuation are borne as provided in the Schedule. Compensation for animals slaughtered under the Act may be wholly or partially withheld, and no compensation shall be paid in specified circumstances. Officers may search and examine animals, animal products and premises or vehicles to check for notifiable disease or to verify cleansing and disinfection; owners or occupiers must give reasonable assistance to officers, and refusal or failure to do so is an offence.

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Preliminary - 1. Short title.

The Act may be cited as the Animal Diseases Act.

Section 1

Preliminary - 15. Power to prescribe fees,etc.

Section 15 lists categories of fees and payments under this Act and states they are civil debt due to the Government and may be sued for and recovered with costs by and in the name of the Director.

Section 15

Preliminary - 2. Interpretation.

This section provides definitions of terms used in the Act, including "administrative officer", "animal disease", "animals", "Director", "notifiable disease", "infected area", "inspector", "stock", "this Act", "veterinary officer" and "veterinary surgeon".

Section 2

Preliminary - 4. Animals affected with notifiable disease.

Section 4 requires veterinary surgeons who suspect a notifiable disease to give notice; administrative officers or inspectors may require specimen submission within 24 hours and must notify nearby owners and the senior veterinary officer when satisfied of an…

Section 4

Preliminary - 9. Rules

Rules for the prevention and control of notifiable disease, including licensing of animal producers.

Section 9

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Showing 23 of 23 provisions

Provision 11Offence 10Short titleInterpretation

Part I

Preliminary

§ 1Preliminary - 1. Short title.Short title

The Act may be cited as the Animal Diseases Act.

Section 1. Short title. Section This Act may be cited as the Animal Diseases Act.

Section 1Verify source

§ 10Preliminary - 10. Slaughter of infected animals.Provision

Section 10. Slaughter of infected animals. Section The Director or any person so authorized by him in writing may cause to be slaughtered any animal infected or suspected of being infected with any notifiable disease or any animal which has been in contact with an animal infected by notifiable disease or has been otherwise exposed to the infection or contagion of notifable disease.

Section 10Verify source

§ 11Preliminary - 11. Disposal of carcass of slaughted animalProvision

When an animal is slaughtered under the Act, the carcass becomes the property of the Government of Kenya for the Nairobi Area or of the Region for a Region.

Section 11. Disposal of carcass of slaughted animal Section Where an animal has been slaughtered under this Act, its carcass shall belong to the Government of Kenya in the case of the Nairobi Area, or the Region in the case of a Region and shall be buried or sold or otherwise disposed of under such conditions as a veterinary officer thinks fit, and any proceeds of sale shall be paid into the Consolidated Fund or Regional Fund as the case may be.

Section 11Verify source

§ 12Preliminary - 12. Indemnity and payment of compensationProvision

If an animal was infected with a notifiable disease, compensation is the value before infection; if only suspected, compensation is the value immediately before slaughter. The value of any animal is determined according to the Schedule, and the costs of valuation are borne as provided in the Schedule.

Section 12. Indemnity and payment of compensation Section 12(1)(a) where the animal was infected by a notifiable disease, the value before it became so infected; and Section 12(1)(b) where the animal was not so infected but was suspected of being so infected, the value of the animal immediately before it was slaughtered. Section 12(2) For the purposes of subsection (1) of this section, the value of any animal shall be determined in accordance with the Schedule to this Act, and the costs and expenses of any such valuation shall be determined, borne and payable as therein provided. [ Act No. 12 of 2012 , Sch.]

Section 12Verify source

§ 13Preliminary - 13. Compesation may be withheld.Provision

Compensation for animals slaughtered under the Act may be wholly or partially withheld, and no compensation shall be paid in specified circumstances.

Section 13. Compesation may be withheld. Section Compensation in respect of any animal slaughtered under this Act may be wholly or partially withheld where the owner or person in charge of the animal has been guilty of any breach of the provisions of this Act, and no compensation shall be paid in respect of any animal slaughtered if such animal was infected with disease when imported or became infected before it was passed by the inspecting officer at the place of entry, or if such animal has been imported in breach of the provisions of this Act.

Section 13Verify source

§ 14Preliminary - 14. Power to search for infected animals, etc.Offence

Officers may search and examine animals, animal products and premises or vehicles to check for notifiable disease or to verify cleansing and disinfection; owners or occupiers must give reasonable assistance to officers, and refusal or failure to do so is an offence.

Section 14. Power to search for infected animals, etc. Section 14(1)(i) animals, and may examine the same and any animals found therein for the purpose of ascertaining whether any such animal is infected by a notifiable disease or for the purpose of ascertaining whether the provisions of this Act in respect of the cleansing and disinfection of such building, shed, place, carriage, van, truck, motor vehicle, aircraft, boat or lighter have been properly carried out; and Section 14(1)(ii) meat, carcasses, hides or any article manufactured from the product of any animal and may examine the same for evidence of notifiable disease or for the purpose of ascertaining whether the provisions of this Act in respect of the cleansing and disinfection of such building, shed, place, carriage, van, truck, motor vehicle, aircraft, boat or lighter have been properly carried out. Section 14(2) Whenever such an inspection is carried out under this section the owner or occupier of the aforesaid land, building, shed, place, carriage, van, truck, motor vehicle, aircraft, boat or lighter shall render such reasonable assistance as may be required of him by the officer carrying out the inspection. Any owner or occupier who refuses or fails to render such reasonable assistance as may be so required of him shall be guilty of an offence.

Section 14Verify source

§ 15Preliminary - 15. Power to prescribe fees,etc.Provision

Section 15 lists categories of fees and payments under this Act and states they are civil debt due to the Government and may be sued for and recovered with costs by and in the name of the Director.

Section 15. Power to prescribe fees,etc. Section 15(1)(a) the fees and payments for drugs and vaccines supplied by the Director; Section 15(1)(b) fees for the examination of animals carried out under this Act; Section 15(1)(c) fees and payments for feeding and stalling of animals detained in quarantine; Section 15(1)(d) fees and payments in connexion with any services rendered under this Act; and Section 15(1)(e) fees and payments in connexion with any matter under this Act. Section 15(2) Any fees or payments due or payable under this section shall be a civil debt due to the Government and may be sued for and recovered with costs by and in the name of the Director.

Section 15Verify source

§ 16Preliminary - 16. Power to prohibit use of veccine or drug.Offence

The Director has the power to prohibit the use of any vaccine or drug for treating animal disease in Kenya; supplying or using such a prohibited vaccine or drug is an offence when done knowingly.

Section 16. Power to prohibit use of veccine or drug. Section 16(1) The Director may prohibit the use of any vaccine or drug for the treatment of animal disease in Kenya. Section 16(2) Any person who knowingly supplies, sells, purchases, obtains or uses any vaccine or drug for the treatment of animal diseases, the use of which has been prohibited by the Director shall be guilty of an offence.

Section 16Verify source

§ 17Preliminary - 17. Power to search and detain suspects.Offence

Certain designated officers may, without warrant, stop, detain and search persons they reasonably suspect of an offence and may arrest a person who will not give name and address.

Section 17. Power to search and detain suspects. Section The Director or a person authorized by him in writing, an administrative officer, an inspector appointed under this Act or a police officer may, without warrant, stop, detain and search any person whom he believes with reasonable cause to be guilty of an offence under this Act, and if the name and address of such person is not known to the officer stopping and detaining him, and if he fails to give his name and address to the satisfaction of such officer, such officer may without warrant arrest him.

Section 17Verify source

§ 18Preliminary - 18. Obstruction of persons excersing their duties.Offence

Any person who obstructs, impedes, or assists in obstructing or impeding the Director (or persons authorized by him), an administrative officer, an inspector appointed under this Act, or a police officer in the execution of their duty shall be guilty of an offence and may be arrested without warrant by such officer.

Section 18. Obstruction of persons excersing their duties. Section Any person who obstructs, impedes, or assists in obstructing or impeding the Director or a person authorized by him in writing, an administrative officer, an inspector appointed under this Act, or a police officer, in the execution of his duty under this Act shall be guilty of an offence, and may be arrested without warrant by such officer.

Section 18Verify source

§ 19Preliminary - 19. Arrested persons to be taken before a magistrate without delay.Provision

People arrested under this Act must be taken without unnecessary delay before a magistrate and must not be detained without a warrant for longer than necessary for that purpose.

Section 19. Arrested persons to be taken before a magistrate without delay. Section Any person arrested under this Act shall be taken without any unnecessary delay before a magistrate, and shall not be detained without a warrant longer than is necessary for this purpose.

Section 19Verify source

§ 2Preliminary - 2. Interpretation.Interpretation

Section 2. Interpretation. Section In this Act, except where the context otherwise requires— "administrative officer" includes a veterinary officer; "animal disease" means any disease of an animal and includes a notifiable disease; "animals" means mammals, birds, reptiles, bees and life stages of fish, molluscs, crustaceans and amphibians whether originating from aquaculture establishments or removed from the wild and released to the environment, for human consumption or for ornamental purposes.; "birds" deleted byAct No. 12 of 2012, Sch. ; "cattle" deleted byAct No. 12 of 2012, Sch. ; "Director" means the Director of Veterinary Services; "notifable disease" includes cattle plague (rinderpest), anthrax, contagious bovine pleuro-pneumonia, tuberculosis, East Coast fever, epizootic or ulcerative lymphangitis, rabies, foot-and-mouth disease, sheep-pox, scab, swine-fever, swine erysipelas, glanders, farcy, surra, trypanosomiasis, heartwater, mange (scabies) in horses and mUles, bacillary white diarrhoea and pullorum disease, fowl pest, lumpy skin disease, paratuberculosis (Johnes disease), atrophic rhinitis aod sera pie and any other contagious or infectious disease of animals that the Cabinet Secretary may, by notice, declare to be a notiflable disease for the purposes of this Act; Provided that the Cabinet Secretary may, by notice, remove from this definition the name of any notifiable disease included therein; "infected area" means any area declared by the Director to be an area infected by a notifiable disease; "inspector" means any livestock officer, senior assistant veterinary officer or assistant veterinary officer on or acting on the establishment of the Government or of a Region or any other person appointed to be an inspector under Section 3 of this Act: "stock" includes camels, cattle, sheep, goats, horses, mules, donkeys, swine, birds and bees; "this Act" includes any subsidiary legislation made thereunder; "veterinary officer" means a veterinary officer of the Veterinary Department on or acting on the establishment of the Government or of a Region and shall include the Director; "veterinary surgeon" shall have the same meaning as that assigned to that expression in the Veterinary Surgeons and Veterinary Para-professionals Act (Cap. 366). [ Act No. 12 of 2012 , Sch.]

Section 2Verify source

§ 20Preliminary - 20. PenaltiesOffence

A person guilty of an offence under this Act is liable to imprisonment for up to twelve months or a fine up to thirty thousand shillings, or both.

Section 20. Penalties Section Any person guilty of an offence under this Act shall be liable to imprisonment not exceeding twelve months or to a fine not exceeding thirty thousand shillings or to both such imprisonment and such fine. [ Act No. 12 of 2012 , Sch.]

Section 20Verify source

§ 21Preliminary - 21. Animals in respect of which offence committed may be seized.Offence

Certain officers may seize animals suspected in offences, remove and detain them subject to a magistrate's orders; the officer who seized the animal must report the seizure without unnecessary delay to the magistrate with jurisdiction in the district.

Section 21. Animals in respect of which offence committed may be seized. Section 21(1) An administrative officer, an inspector appointed under this Act or a police officer may seize any animal in respect of which he has reason to suspect that an offence under this Act is being committed or has been committed, and may remove such animal to any pound, enclosure or other place selected by a veterinary officer or inspector and there detain such animal subject to the orders of a magistrate. Section 21(2) Whenever any animal has been seized and detained under subsection (1) of this section, the officer making such seizure shall without unnecessary delay report the same to a magistrate having jurisdiction within the district in which such animal has been seized.

Section 21Verify source

§ 22Preliminary - 22. Animals may be forfeitedOffence

Courts and magistrates may order animals to be forfeited; magistrates may order owners to pay detention and removal expenses and forfeit the animal if the sum is not paid.

Section 22. Animals may be forfeited Section 22(1) Whenever any person has been convicted of an offence under this Act, the court convicting such person may in addition to or in lieu of imposing any other punishment authorized by law order that any animal, or all or any of the animals, in respect of which such offence has been committed shall be forfeited. Section 22(2) Whenever it is reported to a magistrate that any animal has been seized and detained under this section but that the person who is alleged to have committed an offence or breach in respect of such animal is unknown or cannot be found, the magistrate may, if satisfied by evidence on oath that there is reason to believe that an offence under this Act has been committed in respect of such animal and that the owner is unknown or cannot be found, order that such animal be forfeited. Section 22(3) A magistrate, whenever be is satisfied that there is reason to believe that an offence has been committed in respect of an animal seized and detained under section 2l of this Act, may order that the owner of such animal shall pay to the Government or to the Regional Assembly. as the case may be, such sum as he considers reasonable to cover the expenses connected with the removal of such animal to the place of detention and the keep of such animal during such detention, and that unless such sum is paid within a reasonable time to be specified in such order the animal shall be forfeited.

Section 22Verify source

§ 23Preliminary - 23. Disposal of forfeited animal.Provision

When an animal is forfeited the court shall order it slaughtered, sold or otherwise dealt with; if sold the court may direct proceeds to the apparent owner, otherwise proceeds go to the Consolidated Fund or the Regional Fund.

Section 23. Disposal of forfeited animal. Section 23(1) Where any animal is forfeited under section 22 of this Act, it shall be slaughtered, sold or otherwise dealt with as the court directs. Section 23(2) Where any forfeited animal or the carcass thereof is ordered to be sold, the court may direct that the proceeds of sale or any portion thereof shall be paid to any person appearing to be the owner of such animal; and where no such direction is given the proceeds of sale shall be paid into the Consolidated Fund or the Regional Fund as the case may be.

Section 23Verify source

§ 3Preliminary - 3. Appointment of inspectors.Provision

The Director may appoint fit persons or categories of persons to serve as inspectors when necessary for the purposes of the Act.

Section 3. Appointment of inspectors. Section The Director may appoint such fit persons, or such fit category of persons to be inspectors as may be necessary for the purposes of this Act.

Section 3Verify source

§ 4Preliminary - 4. Animals affected with notifiable disease.Offence

Section 4. Animals affected with notifiable disease. Section 4(1)(a) keep such animal tied up or enclosed in a boma or other enclosed place and kept separate from other animals not so infected or suspected of being infected; and Section 4(1)(b) forthwith give notice of that fact to the nearest administrative officer or inspector; Section 4(2) Any veterinary surgeon who has reason to believe or suspect that any notifiable disease exists on any farm or in any area shall notwithstanding the provisions of subsection (1) of this section forthwith give notice of that fact to the nearest administrative officer or inspector. Section 4(3) Any administrative officer or inspector to whom notice is given under subsection (1) or subsection (2) of this section may require the person having the animal or animals in question in his possession or charge to submit to him within a period of not more than twenty-four hours such specimens from such animal, or animals or, if such animal dies, from its carcass, as may be reasonably required for the purpose of ascertaining the existence and nature of the notifiable disease. Section 4(4) An administrative officer or inspector shall, on being satisfied of the existence or suspected existence of a notifiable disease within his district forthwith cause all owners or occupiers of farms and owners of stock in the neighbourhood to be notified of the outbreak, and shall further inform the most senior veterinary officer in the adjoining district, whether or not such district is in the same or another Region. Section 4(5) Any person who contravenes any of the provisions of subsection (1) or subsection (2) of this section shall be guilty of an offence. Section 4(6) Any person who fails to comply with a requirement made under subsection (3) of this section shall be guilty of an offence.

Section 4Verify source

§ 5Preliminary - 5. Power to declare areas infected.Provision

Power to declare areas infected.

Section 5. Power to declare areas infected. Section declare any area to be an area infected by notifiable disease;

Section 5Verify source

§ 6Preliminary - 6. Power to issue instructions.Provision

The veterinary officer must furnish to the director such information as the director may think fit about any animal disease existing or suspected to exist in the Region, and the section specifies the manner in which that information shall be given.

Section 6. Power to issue instructions. Section requiring the veterinary officer to furnish such information as the director may think fit concerning any animal disease existing, or suspected to exist in the Region and specifying the manner in which such information shall be given; and

Section 6Verify source

§ 7Preliminary - 7. Provisions affecting infected areas.Offence

Director and authorised persons can control movement and require isolation in infected areas; persons may not leave without required precautions; contravention is an offence.

Section 7. Provisions affecting infected areas. Section 7(1)(a) no stock shall be moved from or into any infected area or from place to place within such area without the written permission of the Director, or of any person authorized in writing by the Director to give such permission; Section 7(1)(b) no animal shall be moved from any such area unless previously disinfected and treated in the manner directed by the Director or by any person so authorized in writing by him; Section 7(1)(c) all stock in any such area shall be herded as far as possible from any public road, and shall not graze on any road reserve; Section 7(1)(d) the Director or any person so authorized in writing by him may require the owner or person in charge of any animal or animals within any such area to isolate such animal or animals from other animals within the infected area or to remove such animal or animals from such area; Section 7(1)(e) no person shall leave any such area without having complied with such reasonable precautions for preventing the spread of notifiable disease as may be required by the veterinary officer or inspector in charge of the area; and Section 7(1)(f) the carcasses of all animals infected with notifiable disease shall be disposed of in accordance with any general or specific instructions issued by a veterinary officer or an inspector. Section 7(2) Any person who contravenes any of the provisions of subsection (1) of this section shall be guilty of an offence.

Section 7Verify source

§ 8Preliminary - 8. Power to prohibit importation of any specified kind of animal.Offence

The Director may, by notice in the Kenya Gazette, prohibit or regulate importation or exportation of animals and related products from specified places.

Section 8. Power to prohibit importation of any specified kind of animal. Section 8(1) The Director may, by notice in the Kenya Gazette , prohibit for such time as he thinks necessary, or regulate the importation or the exportation of all animals or any specified kinds of animals, or of carcasses, meat, hides, skins, hair, wool, litter, dung, live viruses capable of setting up infections in animals, sera, vaccines and other biological or chemical products intended to be used for the control of animal disease, or fodder, from any specified country, port or territory. Section 8(2) Any person who contravenes the provision of any notice issued under subsection (1) of this section shall be guilty of an offence. [ Act No. 5 of 2007 , s. 21]

Section 8Verify source

§ 9Preliminary - 9. RulesProvision

Rules for the prevention and control of notifiable disease, including licensing of animal producers.

Section 9. Rules Section the prevention of the introduction of and the prevention and control of, notifiable disease, including the licensing of animal producers;

Section 9Verify source

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Government or of a Region or any other person appointed to be an inspector under Section 3 of this Act
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