Veterinary Surgeons and Veterinary Para-Professionals Act

Provides the Act's short title as "Veterinary Surgeons and Veterinary Para-Professionals Act".

Section 2 lists three interpretive points defining activities relating to animals: (a) diagnosis/treatment/prevention of disease or symptoms in an animal; (b) restoring, correcting or modifying physical, mental or organic functions in an animal; (c) controlling pests and parasites and lists included products.

The Board may create standing or ad hoc committees and may delegate powers or functions to committees or Board members, officers, employees or agents, subject to the Act.

Members of the Board shall be paid remuneration or allowances for expenses; the Cabinet Secretary may approve such remuneration or allowances in consultation with the Cabinet Secretary responsible for finance.

The Board may appoint a chief executive officer and other staff with terms approved by the Cabinet Secretary and the State Corporations Advisory Committee; the chief executive officer is responsible for day-to-day running of the Board and is the Registrar and Secretary.

Establishes the Kenya Veterinary Board and gives it corporate powers including suing and being sued, acquiring and disposing of property, borrowing and lending money, and doing other things lawful for a body corporate; headquarters in Nairobi.

Lists membership of the Board, allows certain members to depute representatives in writing, makes the CEO (appointed under section 12) the secretary to the Board, empowers the Cabinet Secretary to convene the first meeting and appoint various members, and requires members at the first meeting to elect a chairperson and vice-chairperson.

Board members appointed under section 4(f) and (g) hold office for three years and may be reappointed once; the Cabinet Secretary must appoint a temporary replacement on the Board's recommendation in cases of death, resignation, absence from Kenya for six consecutive months or more, or inability to act, and that appointee serves until a substantive appointment or election is made.

The Board must exercise general supervision and control over the training, business, practice and employment of veterinary surgeons and para-professionals in Kenya and advise the Government on related matters.

The Board must collaborate with training institutions to ensure veterinary degree courses and examinations meet minimum standards for practice; it may appoint and send persons to inspect, monitor and report, require written information, require corrective measures, forward reports to institutions, and cancel or suspend approvals if institutions fail to remedy deficiencies.

An office is vacated when a person ceases to be qualified for membership.

The First Schedule applies in respect of the meetings and procedure of the Board.

People may not practise or represent themselves as veterinary surgeons or para‑professionals, and organizations may not offer animal health services, unless registered and licensed as required and (for organizations) employing a registered veterinary surgeon.

"Practice" is defined as the prevention of an infectious or organic disease or pathological condition.

Sets qualifications and registration procedures for veterinary surgeons, gives the Board powers over examinations, requires application within five years of qualification, entitles registered persons to entry in the register, and creates an offence for practising without registration with specified penalties.

Foreign qualified veterinary surgeons who are not Kenyan citizens or ordinarily resident must apply to the Board for temporary registration before undertaking covered work in underserved areas; temporary registration is limited to those engaged by Board-recognized volunteer non-profit organisations.

Sets qualification, documentation and internship requirements for registration as a veterinary para-professional; requires application within five years of qualification; registered persons must take an oath and are entitled to entry in the register; the Board may cancel institution approvals but existing registrations remain valid.

The Board may cancel a person's registration after an inquiry; the Board must notify the person within a reasonable time but no later than twenty one days, and that person must return the registration certificate within three months of that notification. An aggrieved person may appeal to the High Court.

The registers for veterinary surgeons shall contain the names, qualifications, addresses and the date of registration of every person registered as a veterinary surgeon under section 15.

The chief executive officer must annually publish a Gazette notice by 31 March inviting registered persons to inspect registers and confirm their particulars; persons not listed after the specified period are deemed not registered.

Registered persons must pay an annual retention fee to the Board (amount set by the Board) before 31st December each year; payment is required despite any suspension; non-payment leads to deletion from the register and reinstatement only after payment and any prescribed penalty; the Board recalls certificates of deregistered persons who must surrender them within three months.

The Registrar may, with the Board's approval, alter or correct registers and remove names for specified reasons; every registered person must notify the Registrar of any change within a reasonable time not exceeding thirty days in the prescribed form with certified copies; failure to notify may incur a Board-determined penalty and no recourse for lost correspondence.

Registered veterinary surgeons and registered veterinary para-professionals have entitlements to practise and recover reasonable charges; para-professionals may give emergency first aid but must refer to a veterinary surgeon; practising professionals must report notifiable diseases; failure to comply with subsections (2) and (4) is an offence punishable by a fine up to fifty thousand shillings and possible Board disciplinary measures.

The Veterinary Department of the Government is exempted.

Veterinary surgeons may use the prefix "Doctor" (abbreviated) before their registered name and may thereafter use abbreviated degree formats and other special qualifications.

Veterinary surgeons registered under this Act must obtain an annual licence from the Board before engaging in private practice.

Veterinary surgeons and veterinary para-professionals may not recover professional charges in court unless they were duly registered and licensed under the Act at the time services, visits or supplies were provided.

Documents required to be certified by a duly qualified veterinary surgeon are valid only if signed by a person registered under this Act as a veterinary surgeon; signing in contravention or knowingly altering such a certificate is an offence punishable by a fine not exceeding ten thousand shillings or imprisonment not exceeding six months or both.

Subsection (1) lists acts related to training institutions; contravention is an offence with specified fines or imprisonment; the Cabinet Secretary may make regulations for approval procedure.

The Board's funds include monies appropriated by Parliament, monies that accrue to or vest in the Board in carrying out its powers and functions, monies provided, donated or lent to the Board, and levies from the animal industry prescribed and approved by the Cabinet Secretary (in consultation with the Cabinet Secretary responsible for finance). Additionally, the Cabinet Secretary may by notice in the Gazette impose levies that form part of the Board's funds.

The Board's financial year is the twelve-month period ending on 30 June each year.

The Board must prepare annual estimates of its revenue and expenditure at least four months before each financial year and must approve the annual estimates before that financial year starts.

The Board must keep proper books and records of accounts relating to its income, expenditure, assets and liabilities; the accounts must include statements of income and expenditure and of assets and liabilities; and the accounts must be audited by the Auditor-General or an auditor appointed by the Board under the authority of the Auditor-General.

The Board may institute inquiries into registered persons, summon witnesses and retain records; the Registrar must inform concerned persons in writing; the presiding person must keep a record; the person complained against has rights to participate and defend; failure to comply when summoned or giving false evidence is an offence punishable by a fine of five thousand shillings or up to one month imprisonment.

After an inquiry the Board may reprimand, suspend registration (up to 12 months), withdraw/cancel annual licence (up to 6 months), impose a penalty (up to 100,000 shillings), cancel registration and remove a name; the Board also has powers about removal/cancellation effects; aggrieved persons may appeal to the High Court within 14 days; the Registrar must publish removals/cancellations; the Board may order reimbursement of inquiry expenses.

Only the Board can restore a removed name; the Board may restore names, end suspensions or grant new annual licences (on its own motion or on application), and may require a fee not exceeding the registration or annual licence fee.

Section 37. Appeal against disciplinary action Section the removal of his name from the register;

Employs a veterinary surgeon or veterinary para-professional who is not registered under this Act.

The Cabinet Secretary may establish institutions to help the Board manage the animal resources industry, and must appoint (by competitive process) an animal resources secretary to coordinate the industry and perform assigned functions.

A prosecution under this Act must not be commenced without the sanction of the Director of Public Prosecutions; the Director of Public Prosecutions may give consent to inspectors or other officers designated by the Board under this Act.

The Registrar or a person designated by the Board must keep the Board's common seal; affixing the seal must be authenticated by the Chairman and the Registrar (or a nominated Board member if either is absent); certain contracts may be executed by persons authorised by the Board without using the seal.

Any certificate of registration issued under this Act remains the property of the Board.

If a member of the Board or any officer, employee or agent does a matter or thing bona fide in executing the Board's functions, powers or duties, that person shall render themselves personally liable to any action, claim or demand arising from it.

The Board remains liable to pay compensation for injury or loss caused by powers exercised or by failures of works, but is not liable for injury or damage occurring during legitimate and lawful functions.

The Board's supervisory or approval functions do not apply to a university established or accredited in Kenya under the Universities Act (Cap. 210) that has been granted a Charter.

The Cabinet Secretary may make regulations to carry out this Act.