Kenya Act or statute

Parliament of Kenya

Animal Technicians Act

Jurisdiction: Kenya
Structure: 45 provisions
Citation: Cap. 361
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

“This Act may be cited as the Animal Technicians Act.”

This Act may be cited as the Animal Technicians Act. This section provides definitions for terms used in the Act such as "animal technician", "Cabinet Secretary", "Council", "Disciplinary Committee", "Principal Animal Technician", "Registrar", and "veterinary surgeon". Persons must not practice or hold themselves out as animal technicians unless they are registered under this Act. The Council must pay its members remuneration, fees or allowances for expenses, as it decides and with the Minister's approval. The Council may appoint officers, agents and other staff as necessary for performing its functions, on terms the Council determines.

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PRELIMINARY - 1. Short title

This Act may be cited as the Animal Technicians Act.

Section 1

ESTABLISHMENT, POWERS AND FUNCTIONS OF THE COUNCIL - 7. Conduct of business and affairs of the Council

The Council must conduct and regulate its business and affairs as provided in the Schedule.

Section 7

REGISTRATION AND LICENSING OF ANIMAL TECHNICIANS - 23. Reinstatement of name in the register

Reinstatement of name in the register

Section 23

DISCIPLINARY PROVISIONS - 34. Lifting of suspension

An animal technician suspended from practising may appeal to the Council for lifting the suspension before it expires; if the Council is satisfied and receives the prescribed fee it must lift the suspension and restore the technician's registration and annual…

Section 34

MISCELLANEOUS PROVISIONS - 45. Regulations

Regulations may set the form and method of keeping the register and records under this Act.

Section 45

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Showing 45 of 45 provisions

Provision 34Offence 8Short titleInterpretation

Part I

PRELIMINARY

§ 1PRELIMINARY - 1. Short titleShort title

This Act may be cited as the Animal Technicians Act.

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

Section 1Verify source

§ 2PRELIMINARY - 2. InterpretationInterpretation

This section provides definitions for terms used in the Act such as "animal technician", "Cabinet Secretary", "Council", "Disciplinary Committee", "Principal Animal Technician", "Registrar", and "veterinary surgeon".

Section 2. Interpretation Section In this Act, unless the context otherwise requires— "animal technician" means a person registered as such under section 17 ; "Cabinet Secretary" means the Cabinet Secretary for the time being responsible for matters relating to livestock development; "Council" means the Animal Technicians Council established under section 4 ; "Disciplinary Committee" means the Committee established under section 30 ; "Principal Animal Technician" means an officer in the public service designated as such; "Registrar" means the Registrar of Animal Technicians as provided under section 15 ; and "veterinary surgeon" has the meaning assigned to the term in the Veterinary Surgeons and Veterinary Para-professionals Act (Cap. 366).

Section 2Verify source

§ 3PRELIMINARY - 3. ApplicationProvision

Persons must not practice or hold themselves out as animal technicians unless they are registered under this Act.

Section 3. Application Section 3(1) Subject to the provisions of this Act, no person shall, unless he is registered under this Act, practise or hold himself out whether directly or by implication, as practising or being prepared to practise as an animal technician. Section 3(2) Nothing in this Act shall be construed as derogating from the provisions of the Veterinary Surgeons and Veterinary Para-professionals Act (Cap. 366) relating to the practice of veterinary medicine and surgery.

Section 3Verify source

Part II

ESTABLISHMENT, POWERS AND FUNCTIONS OF THE COUNCIL

§ 10ESTABLISHMENT, POWERS AND FUNCTIONS OF THE COUNCIL - 10. Remuneration of the Council membersProvision

The Council must pay its members remuneration, fees or allowances for expenses, as it decides and with the Minister's approval.

Section 10. Remuneration of the Council members Section The Council shall pay to its members such remuneration, fees or allowances for expenses as it may determine with the approval of the Minister.

Section 10Verify source

§ 11ESTABLISHMENT, POWERS AND FUNCTIONS OF THE COUNCIL - 11. Staff of the CouncilProvision

The Council may appoint officers, agents and other staff as necessary for performing its functions, on terms the Council determines.

Section 11. Staff of the Council Section The Council may appoint such officers, agents and other staff as are necessary for the proper discharge of its functions under this Act, upon such terms and conditions as the Council may determine.

Section 11Verify source

§ 12ESTABLISHMENT, POWERS AND FUNCTIONS OF THE COUNCIL - 12. Protection from personal liabilityProvision

Members, officers, employees, agents and servants acting bona fide in executing Council functions are exempt from personal liability; subsection (1) does not remove the Council's liability to pay compensation or damages.

Section 12. Protection from personal liability Section 12(1) No matter or thing done by any member of the Council or by officer, employee, agent or servant thereof shall, if the act or omission was done bona fide for the purposes of executing a function, power or duty under the Act, render such member, officer, employee, agent or servant personally liable to any action, claim or demand whatsoever. Section 12(2) The provisions of subsection (1) shall not relieve the Council of the liability to pay compensation or damages to any person for any injury to him, his property or any of his interests caused by the exercise of any power conferred by this Act or by the failure, whether wholly or partially, or any works.

Section 12Verify source

§ 13ESTABLISHMENT, POWERS AND FUNCTIONS OF THE COUNCIL - 13. The common sealProvision

The Council must keep the common seal in custody and it must not be used except on the Council's order; affixing and other authenticating of documents may be done by the Chairperson and Chief Executive Officer; if either is absent in a matter the Council shall nominate one member to authenticate the seal on their behalf.

Section 13. The common seal Section 13(1) The common seal of the Council shall be kept in such custody as the Council may direct and shall not be used except on the order of the Council. Section 13(2) Affixing of the common seal of the Council shall be authenticated by the signature of the Chairperson and the Chief Executive Officer and any document not required by law to be made under seal and all decisions of the Council may be authenticated by the signatures of the Chairperson and the Chief Executive Officer. Section 13(3) Notwithstanding the provisions of subsection (2), the Council shall, in the absence of either the Chairperson or the Chief Executive Officer in any particular matter, nominate one member to authenticate the seal of the Council on behalf of either the Chairperson or the Chief Executive Officer.

Section 13Verify source

§ 14ESTABLISHMENT, POWERS AND FUNCTIONS OF THE COUNCIL - 14. Contracts and instrumentsProvision

Contracts or instruments that would not need to be under seal when made by a natural person may be entered into or executed on behalf of the Council by any person generally or specially authorized by the Council.

Section 14. Contracts and instruments Section The contract or instrument which, if entered into or executed by a person not being a body corporate, would not require to be under seal, may be entered into or executed on behalf of the Council by any person generally or specially authorized by the Council for that purpose.

Section 14Verify source

§ 4ESTABLISHMENT, POWERS AND FUNCTIONS OF THE COUNCIL - 4. Establishment of the CouncilProvision

Establishes the Animal Technicians Council and lists powers of the Council including suing and being sued; acquiring, holding or disposing of property; borrowing and investing; and performing acts necessary for its functions.

Section 4. Establishment of the Council Section 4(1) There is established a Council to be known as the Animal Technicians Council. Section 4(2)(a) suing and being sued; Section 4(2)(b) taking, purchasing or otherwise acquiring, holding charging or disposing of movable and immovable property; Section 4(2)(c) borrowing money or making investments; and Section 4(2)(d) doing or performing all other acts or things for the proper performance of its functions under this Act which may lawfully be done or performed by a body corporate.

Section 4Verify source

§ 5ESTABLISHMENT, POWERS AND FUNCTIONS OF THE COUNCIL - 5. Functions of the CouncilProvision

The Council has the function of establishing and improving standards of service for animal technicians.

Section 5. Functions of the Council Section establish and improve standards of service for animal technicians;

Section 5Verify source

§ 6ESTABLISHMENT, POWERS AND FUNCTIONS OF THE COUNCIL - 6. Membership of the CouncilProvision

The Minister must make rules for the election of the nine registered animal technicians under subsection (1)(e).

Section 6. Membership of the Council Section 6(1)(a) a Chairperson who shall be a registered animal technician appointed by the Minister; Section 6(1)(b) the Director of Veterinary Service; Section 6(1)(c) the Registrar; Section 6(1)(d) the Principal Animal Technician or a person deputed by him in writing; Section 6(1)(e) nine other persons who are registered animal technicians and actively engaged in animal production, elected by registered animal technicians in such manner as may be prescribed, and appointed by the Minister. Section 6(2)(a) one person from an approved training institution dealing with livestock development; Section 6(2)(b) one person representing the Kenya Association of Livestock Technician; Section 6(2)(c) one person representing a society whose object is the protection and care of animals. Section 6(3) The Minister shall make rules for the election of members under subsection (1)(e).

Section 6Verify source

§ 7ESTABLISHMENT, POWERS AND FUNCTIONS OF THE COUNCIL - 7. Conduct of business and affairs of the CouncilProvision

The Council must conduct and regulate its business and affairs as provided in the Schedule.

Section 7. Conduct of business and affairs of the Council Section The conduct and regulation of the business and affairs of the Council shall be as provided in the Schedule.

Section 7Verify source

§ 8ESTABLISHMENT, POWERS AND FUNCTIONS OF THE COUNCIL - 8. Chief Executive OfficerProvision

The Council must appoint a Chief Executive Officer and determine the CEO's terms; the CEO is an ex officio non‑voting member and must meet specified qualifications and perform duties including serving as secretary and managing day‑to‑day affairs subject to Council directions.

Section 8. Chief Executive Officer Section 8(1) There shall be a Chief Executive Officer who shall be appointed by the Council and whose terms and conditions of service shall be determined by the Council in the instrument of appointment or otherwise in writing from time to time. Section 8(2) The Chief Executive Officer shall be an ex officio member of the Council and shall have no right to vote at any meeting of the Council. Section 8(3)(a) is registered or qualified to be registered as an animal technician under this Act; Section 8(3)(b) has at least five years post-qualification working experience in a managerial position; Section 8(3)(c) is a person of integrity. Section 8(4)(a) be the secretary to the Council; Section 8(4)(b) subject to the directions of the Council be responsible for the day-to-day management of the affairs and staff of the Council; and Section 8(4)(c) perform such other functions as the Council may, from time to time, determine.

Section 8Verify source

§ 9ESTABLISHMENT, POWERS AND FUNCTIONS OF THE COUNCIL - 9. Delegation by the CouncilProvision

The Council may delegate any of its functions under this Act to a Committee or to any member, officer, employee or agent of the Council, subject to the Act and either generally or in a particular case.

Section 9. Delegation by the Council Section Subject to this Act, the Council may, either generally or in a particular case, delegate to any Committee of the Council or to any member, officer, employee or agent of the Council, the exercise of any of the functions of the Council under this Act.

Section 9Verify source

Part III

REGISTRATION AND LICENSING OF ANIMAL TECHNICIANS

§ 15REGISTRATION AND LICENSING OF ANIMAL TECHNICIANS - 15. The RegistrarProvision

The Council must appoint a Registrar with the approval of the Minister; the Registrar must be a registered animal technician and must perform duties for the register as directed by the Council.

Section 15. The Registrar Section The Council shall, with the approval of the Minister appoint a Registrar, who shall be a registered animal technician and who shall perform such duties in connection with the register as the Council may direct.

Section 15Verify source

§ 16REGISTRATION AND LICENSING OF ANIMAL TECHNICIANS - 16. Register to be keptProvision

The Registrar must keep up to date the register and records required under the Act (including specified lists) and must publish annually in the Gazette the names from those lists not later than 31st January.

Section 16. Register to be kept Section 16(1)(a) a list of the names and qualifications of all registered animal technicians; Section 16(1)(b) a list of the names and qualifications of all persons issued with annual private practice licences; and Section 16(1)(c) such other details as the Council may direct. Section 16(2) The Registrar shall keep up to date or cause to be kept up to date the register and records required to be kept under or for the purposes of this Act, subject to any directions which may from time to time be issued to him by the Council. Section 16(3) The Registrar shall not later than the 31st January in every year, cause to be published in the Gazette , the names from the lists referred to in subsection (1), and any person whose name does not appear in the Gazette shall be deemed not to be registered under this Act.

Section 16Verify source

§ 17REGISTRATION AND LICENSING OF ANIMAL TECHNICIANS - 17. Qualifications for registration as an animal technicianProvision

Section 17 states qualifications for registration as an animal technician include being of good conduct.

Section 17. Qualifications for registration as an animal technician Section is of good conduct;

Section 17Verify source

§ 18REGISTRATION AND LICENSING OF ANIMAL TECHNICIANS - 18. Retention feeProvision

Registered animal technicians listed on the register kept under section 16 must pay an annual retention fee (or at longer intervals the Council permits) to keep their name on the register.

Section 18. Retention fee Section Every registered animal technician whose name appears on the register kept under section 16 shall pay annually or at such longer intervals as the Council may deem appropriate a fee to be known as retention fee as a condition for maintaining his name in the register.

Section 18Verify source

§ 19REGISTRATION AND LICENSING OF ANIMAL TECHNICIANS - 19. Application for registrationProvision

Sets out how a person applies to be registered as an animal technician, requires the application to be in the prescribed form with the prescribed fee, requires Council approval if section 17 requirements are met, and requires the Registrar to record approved registrants in the register under section 16.

Section 19. Application for registration Section 19(1) A person wishing to be registered as an animal technician under this Act may apply to the Registrar. Section 19(2) An application under this section shall be made in the prescribed manner and form and shall be accompanied by the prescribed fee. Section 19(3) Where an application is made by a person in accordance with this section, the Council shall approve the application if it is satisfied that the person meets the requirements specified under section 17 . Section 19(4) Upon approval by the Council, the Registrar shall register every qualified person by entering his name, address, professional qualifications and such other particulars as the Council may prescribe, in the appropriate register kept for that purpose pursuant to section 16 .

Section 19Verify source

§ 20REGISTRATION AND LICENSING OF ANIMAL TECHNICIANS - 20. Certificate of registrationProvision

The Council must issue every person registered under this Act a certificate of registration in the prescribed form.

Section 20. Certificate of registration Section The Council shall issue to every person registered under this Act a certificate of registration in the prescribed form.

Section 20Verify source

§ 21REGISTRATION AND LICENSING OF ANIMAL TECHNICIANS - 21. Removal of names from the registerProvision

The Registrar must publish in the Gazette the name and address of anyone removed from the register within one month of removal; the Registrar must notify the person by registered mail; a removed person ceases to be registered; the Council may require an affidavit when a person requests removal.

Section 21. Removal of names from the register Section 21(1)(a) requests that his name be removed from the register, in which case such person may be required to satisfy the Council by an affidavit lodged with the Registrar that no criminal proceedings under this Act have been instituted or are likely to be instituted against him; Section 21(1)(b) is found by the Council to be guilty of professional misconduct in accordance with this Act. Section 21(2)(a) the names of every deceased person; Section 21(2)(b) any entry which has been incorrectly or fraudulently made. Section 21(3) The Registrar shall cause the name and address of every person whose name is removed from the register under this section, to be published in the Gazette within one month from the date of such removal. Section 21(4) Subject to the provisions of this Act, the removal of a person’s name from the register shall be notified by the Registrar to the person by registered mail addressed to the address appearing in the register against his name immediately before such removal. Section 21(5) Where the name of any person has been removed from the register under this Act, such name shall not be reinstated except by direction of the Council. Section 21(6) A person whose name has been removed from the register shall cease to be registered for the purpose of this Act from the date of such removal.

Section 21Verify source

§ 22REGISTRATION AND LICENSING OF ANIMAL TECHNICIANS - 22. Correction of registerProvision

The Registrar must, from time to time, make any necessary alterations or corrections in the register relating to any entry.

Section 22. Correction of register Section The Registrar shall from time to time make any necessary alteration or correction in the register in relation to any entry therein.

Section 22Verify source

§ 23REGISTRATION AND LICENSING OF ANIMAL TECHNICIANS - 23. Reinstatement of name in the registerProvision

Reinstatement of name in the register

Section 23. Reinstatement of name in the register Section the removal of such person’s name from the register be confirmed; or

Section 23Verify source

Part IV

PROVISIONS RELATING TO PRIVATE PRACTICE

§ 24PROVISIONS RELATING TO PRIVATE PRACTICE - 24. Qualifications for private practiceOffence

Lists qualifications required to engage in private practice as an animal technician and makes unauthorized private practice an offence with specified penalties.

Section 24. Qualifications for private practice Section 24(1)(a) is a Kenyan citizen; Section 24(1)(b) is registered under this Act; Section 24(1)(c) holds a valid licence issued under this Act; Section 24(1)(d) has served as an animal technician under supervision of a veterinary surgeon, animal health practitioner or registered animal technician for a period of not less than three years after being registered; Section 24(1)(e) holds such other qualification as the Council may prescribe. Section 24(2)(a) on his own account and is to receive the entire amount of all fees and charges earned for his own financial benefit; or Section 24(2)(b) by the Government or any other public body; Section 24(2)(b)(i) by the Government or any other public body; Section 24(2)(b)(ii) by any state corporation as defined in the State Corporations Act ( Cap. 446 ); or Section 24(2)(b)(iii) as an employee of any person or partnership engaged in his profession where all fees and charges earned by him in his professional capacity enure to the benefit of his employer. notwithstanding that he is employed in his professional capacity as an animal technician. Section 24(3) A person who engages in private practice as an animal technician contrary to the provisions of this section commits an offence and shall be liable on conviction to a fine not exceeding one million shillings or to imprisonment for a term not exceeding five years, or both.

Section 24Verify source

§ 25PROVISIONS RELATING TO PRIVATE PRACTICE - 25. Licence for private practiceProvision

A person must not engage in private practice unless they have been issued a valid licence to practise.

Section 25. Licence for private practice Section A person shall not engage in private practice unless he has been issued with a valid licence to practise.

Section 25Verify source

§ 26PROVISIONS RELATING TO PRIVATE PRACTICE - 26. Application for annual licenceOffence

Applications for an annual licence must be made to the Registrar in duplicate and signed; licences must be delivered to the Council within 30 days if they cease to be in force; failing to deliver is an offence punishable by a fine up to fifty thousand shillings.

Section 26. Application for annual licence Section 26(1) An application for an annual licence under this section shall be made to the Registrar in duplicate, signed by the applicant, specifying his name and place of business, his registration number and the date of his registration as an animal technician. Section 26(2) Every application under this section shall be accompanied by the prescribed fee. Section 26(3)(a) holds a certificate of registration; and Section 26(3)(b) meets such other requirement as may be prescribed, and if not satisfied, shall refuse the applications. Section 26(4) Every annual licence shall bear the date on which it is issued and be effective from that date and shall expire at the end of the licence year in which it is issued unless its holder ceases to be a registered member under this Act. Section 26(5) Where an annual licence ceases to be in force in accordance with subsection (4), the person to whom the licence was issued shall deliver it to the Council within thirty days from the date on which he ceases to be registered. Section 26(6) Any person who without reasonable excuse contravenes subsection (5) commits an offence and shall be liable on conviction to a fine not exceeding fifty thousand shillings. Section 26(7) Where the name of a person registered as an animal technician is removed from the register, the annual licence of that person shall be cancelled forthwith.

Section 26Verify source

§ 27PROVISIONS RELATING TO PRIVATE PRACTICE - 27. Validity of the licenceProvision

An annual licence issued under this Act is valid from its date of issue until the thirty-first December of that year.

Section 27. Validity of the licence Section An annual licence issued under this Act shall be valid from the date of issue to the thirty first December of the year of issue.

Section 27Verify source

§ 28PROVISIONS RELATING TO PRIVATE PRACTICE - 28. Renewal of annual licenceProvision

A licence may be renewed for up to one further year on expiry; if a licence expires and is not renewed, the licence holder's name will be removed from the register.

Section 28. Renewal of annual licence Section 28(1) On expiry, a licence may be renewed for a further period not exceeding one year. Section 28(2) Where a licence expires and is not renewed, the name of the holder of the licence shall be removed from the register.

Section 28Verify source

§ 29PROVISIONS RELATING TO PRIVATE PRACTICE - 29. Use of titleProvision

by virtue of being so registered, be entitled to take and use the title and description of animal technician;

Section 29. Use of title Section by virtue of being so registered, be entitled to take and use the title and description of animal technician; and

Section 29Verify source

Part V

DISCIPLINARY PROVISIONS

§ 30DISCIPLINARY PROVISIONS - 30. The Disciplinary CommitteeProvision

Establishes a Disciplinary Committee and lists its members (chairperson appointed by the Council; Attorney-General or representative; Registrar as secretary; one Minister-nominated person not on the Council; two private-practice animal technicians).

Section 30. The Disciplinary Committee Section 30(1) There shall be a committee to be known as the Disciplinary Committee. Section 30(2)(a) a chairperson appointed by the Council who shall be a qualified animal technician with at least ten years’ experience; Section 30(2)(b) the Attorney-General or his representative; Section 30(2)(c) the Registrar, who shall be the secretary; Section 30(2)(d) one person nominated by the Minister, who shall not be a member of the Council; Section 30(2)(e) two animal technicians from private practice nominated by the

Section 30Verify source

§ 31DISCIPLINARY PROVISIONS - 31. Reference of matters to the CommitteeOffence

Section 31 refers to a matter where a person "has been convicted of an offence punishable by imprisonment, the commission of which in the opinion of the Council, has dishonoured him in the public estimation."

Section 31. Reference of matters to the Committee Section has been convicted of an offence punishable by imprisonment, the commission of which in the opinion of the Council, has dishonoured him in the public estimation;

Section 31Verify source

§ 32DISCIPLINARY PROVISIONS - 32. Inquiry by the Disciplinary CommitteeProvision

Those subject to an inquiry have the right to be heard in person; the Disciplinary Committee may administer oaths and, subject to regulations, compel witnesses and documents; the Committee has power to regulate its own procedure.

Section 32. Inquiry by the Disciplinary Committee Section 32(1) Upon inquiry held by the Disciplinary Committee, the person whose conduct is being inquired into shall be afforded an opportunity to be heard in person. Section 32(2) For the purpose of proceedings at any inquiry held by the Disciplinary Committee, the Committee may administer oaths, and may subject to any regulations made under this Act, enforce attendance of persons as witnesses and the production of books and documents. Section 32(3) The Disciplinary Committee shall, subject to any regulations made under this Act, have power to regulate its own procedure.

Section 32Verify source

§ 33DISCIPLINARY PROVISIONS - 33. Powers of the Disciplinary CommitteeProvision

Section 33 lists disciplinary measures (admonishment, suspension up to 12 months, licence withdrawal up to 5 years, fines, removal from register) and related procedures.

Section 33. Powers of the Disciplinary Committee Section 33(1)(a) issue the animal technician with a letter of admonishment; Section 33(1)(b) suspend the registration of the animal technician for a specified period not exceeding twelve months; Section 33(1)(c) withdraw or cancel the licence of the animal technician for such period not exceeding five years as may be appropriate; Section 33(1)(d) impose a fine which the Council deems appropriate in the circumstances; or Section 33(1)(e) remove the name of the animal technician from the register. Section 33(2) The Council shall as soon as practically possible inform the animal technician of the action to be taken against him. Section 33(3) Any person whose name has been removed from the register or whose licence has been suspended shall forthwith surrender to the Council his certificate of registration or annual licence. Section 33(4) Any person being a registered animal technician who refuses or fails to surrender his certificate of registration or licence to the Council shall be guilty of professional misconduct and shall be liable to a fine not exceeding twenty thousand shillings. Section 33(5) Any person aggrieved by the decision of the Council in the exercise of its powers under this section may within sixty days from the date of the decision of the Council, appeal to the High Court and in any such appeal, the High Court may annul or vary the decision as it thinks fit.

Section 33Verify source

§ 34DISCIPLINARY PROVISIONS - 34. Lifting of suspensionProvision

Section 34. Lifting of suspension Section 34(1) Where an animal technician has been suspended from practising, he may appeal to the Council for the lifting of the suspension at any time before the expiry thereof. Section 34(2) Where the Council is satisfied in respect of any animal technician that he should have his suspension lifted, the Council shall, upon the receipt of the prescribed fee, lift the suspension and restore to the animal technician, his registration and annual license.

Section 34Verify source

Part VI

FINANCIAL PROVISIONS

§ 35FINANCIAL PROVISIONS - 35. Funds of the CouncilProvision

The Council holds monies that may accrue to or vest in it in the exercise of its powers or performance of its functions under this Act.

Section 35. Funds of the Council Section such monies as may accrue to or vest in the Council in the course of the exercise of its powers or the performance of its functions under this Act;

Section 35Verify source

§ 36FINANCIAL PROVISIONS - 36. Financial yearProvision

The Council's financial year is the period of twelve months ending on 30th June each year.

Section 36. Financial year Section The financial year of the Council shall be the period of twelve months ending on the 30th June in each year.

Section 36Verify source

§ 37FINANCIAL PROVISIONS - 37. Annual estimatesCommencement

Section 37. Annual estimates Section 37(1) Before the commencement of each financial year, the Council shall cause to be prepared estimates of revenue and expenditure of the Council for that year. Section 37(2)(a) the payment of salaries, allowances and other changes in respect of the staff of the Council; Section 37(2)(b) the payment of pensions, gratuity and other changes in respect of retirement benefits which are payable out of the funds of the Council; Section 37(2)(c) the acquisition, maintenance, repair and replacement of the equipment and other movable properties of the Council; Section 37(2)(d) the proper maintenance of buildings and grounds of the Council; Section 37(2)(e) the creation of such reserve funds to meet future or contingent liabilities in respect of retirement benefits, insurance or replacement of buildings or equipment, or in respect of such other matter as the Council may deem as appropriate. Section 37(3) The annual estimates shall be approved by the Council before the commencement of the financial year to which they relate and shall be submitted to the Minister for approval and after the Minister has given his approval, the Council shall not increase any sum provided in the estimates without the consent of the Minister.

Section 37Verify source

§ 38FINANCIAL PROVISIONS - 38. Accounts and AuditProvision

The Council must cause proper accounting books and records to be kept for its income, expenditure, assets and liabilities.

Section 38. Accounts and Audit Section 38(1) The Council shall cause to be kept all proper books and records of accounts of the income, expenditure, assets and liabilities of the Council. Section 38(2)(a) a statement of income and expenditure during the year; and Section 38(2)(b) a statement of the assets and liabilities of the Council on the last day of that year. Section 38(3) The accounts of the Council shall be audited and reported upon in accordance with the provisions of the Public Audit Act (Cap. 412B).

Section 38Verify source

§ 39FINANCIAL PROVISIONS - 39. Investment of fundsProvision

The Council may invest the Council's funds in certain securities approved by law or Treasury, and may place surplus monies on deposit with banks it chooses.

Section 39. Investment of funds Section 39(1) The Council may invest any of the funds of the Council in securities in which for the time being trustees may by law invest funds or in any other securities which the Treasury may from time to time approve for that purpose. Section 39(2) The Council may place on deposit, with such bank or banks as it may determine, any monies not immediately required for the purpose of the Council.

Section 39Verify source

Part VII

MISCELLANEOUS PROVISIONS

§ 40MISCELLANEOUS PROVISIONS - 40. Offences by persons not eligible to be registered or licensedOffence

It is an offence for a person not eligible to be registered or licensed under this Act to use a registration title, hold themselves out as registered or licensed, or to practise for gain as an animal technician; penalties include a fine up to one hundred thousand shillings or imprisonment up to two years, or both.

Section 40. Offences by persons not eligible to be registered or licensed Section 40(1) A person who, not being eligible to be registered or licensed under this Act, uses any title appropriate to a person so registered or licensed, or holds himself out directly or indirectly as being so registered or licensed, commits an offence and shall be liable on conviction to a fine not exceeding one hundred thousand shillings, or to imprisonment for a term not exceeding two years, or to both. Section 40(2) A person who, not being eligible to be registered or licensed under this Act, practises for gain as an animal technician, commits an offence and shall be liable on conviction to a fine not exceeding one hundred thousand shillings, or to imprisonment for a term not exceeding two years, or to both. Section 40(3) Nothing in this section shall prohibit persons in employment in the service of the Government, or an approved institution, from performing their duties under the supervision of a veterinary practitioner or of a person registered or licensed under this Act.

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§ 41MISCELLANEOUS PROVISIONS - 41. Offences by persons eligible to be registered or licensedOffence

A person who is eligible but not registered or licensed who practises as an animal technician commits an offence and is liable on conviction to a fine not exceeding one hundred thousand shillings, or to imprisonment for a term not exceeding two years, or to both.

Section 41. Offences by persons eligible to be registered or licensed Section A person who, though eligible to be registered or licensed under this Act, is not so registered or licensed but practises as an animal technician, commits an offence and shall be liable on conviction to a fine not exceeding one hundred thousand shillings, or to imprisonment for a term not exceeding two years, or to both.

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§ 42MISCELLANEOUS PROVISIONS - 42. Employment of unregistered staffOffence

It is an offence to employ someone as an animal technician if that person is not registered or licensed under this Act; conviction may lead to a fine up to five hundred thousand shillings, imprisonment up to three years, or both.

Section 42. Employment of unregistered staff Section A person who employs another person as an animal technician while that other person is not registered or licensed under this Act, commits an offence, and shall be liable on conviction to a fine not exceeding five hundred thousand shillings or to imprisonment for a term not exceeding three years, or to both.

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§ 43MISCELLANEOUS PROVISIONS - 43. Falsification of registers or recordsOffence

It is an offence for a person to wilfully falsify registers or records or to make false representations to be registered or licensed; on conviction the person may be fined up to one hundred thousand shillings or imprisoned up to two years, or both.

Section 43. Falsification of registers or records Section A person who wilfully makes or causes to be made any false entry in, or falsification of, any register or record kept under this Act, or who presents or attempts to present himself or any person to be registered or licensed under this Act by making or producing or causing to be made or produced a false or fraudulent representation or declaration, either orally or in writing, commits an offence and shall be liable on conviction to a fine not exceeding one hundred thousand shillings or to imprisonment for a term not exceeding two years, or to both.

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§ 44MISCELLANEOUS PROVISIONS - 44. General penaltyOffence

If a person is convicted of an offence under the Act for which no penalty is specified, they face a fine up to one hundred thousand shillings, or imprisonment for up to two years, or both.

Section 44. General penalty Section A person convicted of an offence under this Act for which no penalty is provided shall be liable to a fine not exceeding one hundred thousand shillings or to imprisonment for a term not exceeding two years, or to both.

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§ 45MISCELLANEOUS PROVISIONS - 45. RegulationsProvision

Regulations may set the form and method of keeping the register and records under this Act.

Section 45. Regulations Section the form and method of keeping the register and records under this Act;

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Legislative relationships

4 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

3 instruments

Council shall be audited and reported upon in accordance with the provisions of the Public Audit Act
Section 38
Council under this Act
Section 9
Council. Section 8(3)(a) is registered or qualified to be registered as an animal technician under this Act
Section 8

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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