Rabies Act Cap 365 - as Plain Text by MWakili

LAWS OF KENYA RABIES ACT CHAPTER 365 Revised Edition 2012 [1967] Published by the National Council for Law Reporting with the Authority of the Attorney-General www.kenyalaw.org [Rev.

2012] CAP.

365 Rabies CHAPTER 365 RABIES ACT ARRANGEMENT OF SECTIONS Section 1.

Short title.

2.

Interpretation.

3.

Power to seize, detain or destroy stray dogs or stray cats.

4.

Dogs and cats seized to be impounded.

5.

Order on owner of dog or cat.

6.

Duties of owners of certain dogs and cats.

7.

Powers of certain officers in respect to diseased or suspected dogs and cats.

7A.

Director may lay poison baits.

8.

Regulations in case of outbreak or expected outbreak of disease.

9.

Indemnity.

10.

Rules.

3 [Issue 1] [Rev.

2012] CAP.

365 Rabies CHAPTER 365 RABIES ACT [Date of commencement: 30th December, 1932.] An Act of Parliament to provide for the suppression of rabies [Cap.

214 (1948), Act No.

55 of 1951, Act No.

2 of 1953, G.N.

1721 of 1955, Act No.

3 of 1959, L.N.

173/1960, Act No.

28 of 1961, Act No.

33 of 1962, L.N.

649/1963, L.N.

2/1964.] 1.

Short title This Act may be cited as the Rabies Act.

2.

Interpretation In this Act, except where the context otherwise requires cat includes any animal of the feline tribe; Director means the Director of Veterinary Services; disease means rabies, and diseased means infected with rabies; dog includes any animal of the canine tribe; inspector means an inspector within the meaning of section 2 of the Animal Diseases Act (Cap.

364); rabies control area means any area which may be declared by the Director, by notice in the Gazette, to be a rabies control area for the purposes of this Act: Provided that any area so declared shall cease to be a rabies control area on being declared by the Director, by notice in the Gazette, to be free from infection; stray cat means any cat wandering at large in a public place; stray dog means any dog wandering at large in a public place; suspected means suspected of being diseased.

[Act No.

55 of 1951, s.

2, Act No.

2 of 1953, s.

2, Act No.

3 of 1959, s.

2.] 3.

Power to seize, detain or destroy stray dogs or stray cats (1) An administrative officer, a veterinary officer, a police officer of or above the rank of Inspector, an inspector or any person authorized by the Director may seize and detain any stray dog or stray cat in a rabies control area.

(2) In any rabies control area an administration officer, a veterinary officer, a police officer of or above the rank of Inspector, an inspector or any person expressly authorized thereto by the Director may shoot or otherwise destroy any stray dog or stray cat found in any public place or any stray dog or stray cat which he has reason to suppose to be suspected.

[Act No.

55 of 1951, s.

3, Act No.

2 of 1953, s.

3, Act No.

3 of 1959, s.

3, L.N.

649/1963, Sch.] 5 [Issue 1] CAP.

365 [Rev.

2012] Rabies 4.

Dogs and cats seized to be impounded (1) Every dog or cat seized under section 3 of this Act shall be detained in such place as shall be appointed in that behalf by the Director, until the owner has claimed the same and paid all expenses incurred by reason of such detention.

(2) Notice of the seizure of a dog or cat shall immediately be given to the owner, if known.

(3) When a dog or cat has remained under detention for three clear days without the owner claiming it and paying all expenses incurred by reason of its detention, a veterinary officer may cause it to be sold or destroyed.

[Act No.

55 of 1951, s.

4.] 5.

Order on owner of dog or cat Any magistrate, if satisfied on a complaint made by any person that a dog or cat in a rabies control area is not kept under proper control, may make an order on the owner or the person in charge of the dog or cat directing that the dog or cat be kept under proper control, and every person failing to comply with such order shall be guilty of an offence and liable to a fine of five shillings for every day during which such default continues.

[Act No.

55 of 1951, s.

4, Act No.

2 of 1953, s.

3.] 6.

Duties of owners of certain dogs and cats (1) Every owner or person in charge of a diseased dog or diseased cat shall forthwith cause the same to be destroyed, and shall give notice thereof to a veterinary officer.

(2) Every owner or person in charge of a suspected dog or suspected cat shall forthwith cause the same to be destroyed or to be securely tied or otherwise confined, and shall give notice thereof to a veterinary officer.

(3) Any person failing to comply with the requirements of subsection (1) or subsection (2) of this section shall be guilty of an offence and liable to a fine of two thousand shillings, or to imprisonment for three months, or to both such fine and such imprisonment.

[Act No.

55 of 1951, s.

5, Act No.

28 of 1961, Sch.] 7.

Powers of certain officers in respect of diseased or suspected dogs and cats An administrative officer, a veterinary officer, an inspector or a police officer of or above the rank of Inspector, receiving credible information of or having reasonable grounds for suspecting the existence of, rabies shall forthwith cause the matter to be investigated, and for such purpose may cause any dog or cat to be examined and any diseased or suspected dog or cat to be destroyed or otherwise dealt with as he may think necessary.

[Act No.

55 of 1951, s.

4, Act No.

3 of 1959, s.

3, L.N.

649/1963, Sch.] 7A.

Director may lay poison baits (1) Subject to subsection (2) of this section, the Director may, in case of an outbreak or expected outbreak of rabies in any area, lay or expose, or cause to be laid or exposed, any poison, or any fluid or edible matter which has been rendered poisonous, as bait for the destruction of stray dogs, stray cats or diseased or suspected animals in that area.

[Issue 1] 6 [Rev.

2012] CAP.

365 Rabies (2) The Director shall, before and during the laying or exposing of any bait under subsection (1) of this section, take reasonable precautions to prevent injury thereby to persons and animals other than suspected or diseased animals, stray dogs or stray cats.

[Act No.

33 of 1962, s.

2.] 8.

Regulations in case of outbreak or expected outbreak of disease (1) The Director may, in case of an outbreak or expected outbreak of rabies in any areas, make regulations (a) prescribing the manner in which dogs and cats shall be kept under control by the owner or the person in charge thereof; (b) providing for the seizure, detention and disposal or destruction of dogs and cats not being kept under control in the manner prescribed; (c) prescribing the manner in which dogs and cats shall be inoculated; (d) prescribing the manner in which any dog or cat may be moved out of or into the area; (e) providing for the recovery by any veterinary officer of the expenses incurred in respect of the detention of any dog or cat seized, detained, disposed of or destroyed under regulations made under this subsection.

(2) Any regulations made under subsection (1) of this section shall be published in the Gazette and shall come into force on such day, being the day of or a day after the making thereof, as may be specified therein, and shall remain in force until revoked by the Director.

(3) Any person who contravenes any regulations made under this section shall be guilty of an offence and liable to a fine not exceeding two thousand shillings or to imprisonment for a term not exceeding two months, or to both such fine and such imprisonment.

[Act No.

55 of 1951, s.

6, Act No.

3 of 1959, s.

4, Act No.

33 of 1962, s.

3.] 9.

Indemnity No action shall lie against the Government or any public officer or any person authorized by a public officer for any act done in good faith under this Act or under any rules, regulations or order made thereunder, and no compensation shall be payable to any person for any act so done: Provided that nothing in this section shall exempt the Government or any public officer or any person authorized by a public officer from liability for any act done negligently under section 7A(1) of this Act.

[Act No.

33 of 1962, s.

4.] 10.

Rules The Minister may make rules for prescribing fees for the inoculation, testing, disinfecting and maintenance of dogs and cats, and for better carrying into effect the purposes of this Act.

[Act No.

55 of 1951, s.

7, G.N.

1721 of 1955, Sch.

, L.N.

173/1960, Sch.] 7 [Issue 1] [Rev.

2012] CAP.

365 Rabies [Subsidiary] CHAPTER 365 RABIES ACT SUBSIDIARY LEGISLATION List of Subsidiary Legislation Page 1.

Areas declared to be Rabies Control Areas for the purposes of the Act under section 2.

11 2.

Rabies Regulations, 1964.

13 3.

Rabies Rules, 1964.

15 9 [Issue 1] [Rev.

2012] CAP.

365 Rabies [Subsidiary] AREAS DECLARED TO BE RABIES CONTROL AREAS FOR THE PURPOSES OF THE ACT UNDER SECTION 2 [L.N.

203/1962, L.N.

307/1962, L.N.

365/1964, L.N.

17/1963, L.N.

542/1963, L.N.

649/1963, L.N.

1/1966.] That part of the Kamba Land Unit which is situated in Kitui District, including B.2 Yatta Government Land and Eastern Government Land.

The Mukogodo Reserve in Nanyuki District.

Tharaka, Nyambene and Northern Grazing Area Locations of Meru District.

Machakos District, excluding that area shown bounded in red on Boundary Plan No.

500, authenticated by the Director of Surveys and deposited in the Survey Office, Survey of Kenya, Nairobi, a copy of which is deposited in the office of the District Commissioner, Machakos.

North-Eastern Province and Marsabit, Samburu and Isiolo Districts.

Nyanza Province.

Western Province.

11 [Issue 1] [Rev.

2012] CAP.

365 Rabies [Subsidiary] Regulations under Section 8 RABIES REGULATIONS, 1964 [L.N.

212/1964, Corr.

No.

100 of 1964, L.N.

62/1966.] 1.

These Regulations may be cited as the Rabies Regulations, 1964.

2.

These Regulations apply to every rabies control area.

3.

(1) Every person for the time being in charge of a dog in a rabies control area shall, for a period of three months after the area has become a rabies control area of such longer period as the Director may at any time, by notice in the Gazette, appoint, ensure that the dog (a) throughout the hours between 7p.m.

and 6a.m.

is kept confined within a building or other enclosed premises; and (b) at all other times either is kept so confined or is kept on a lead.

(2) Any person who fails to comply with this regulation shall be guilty of an offence.

[Corr.

No.

100 of 1964.] 4.

(1) Every person for the time being in charge of a dog in a rabies control area shall, after the expiration of the periods specified in regulation 3 of these Regulations, ensure that the dog (a) throughout the hours between 7p.m.

and 6a.m.

is kept confined within a building or other enclosed premises; and (b) at all other times when in or near a public place is kept secured on a lead.

(2) Any person who fails to comply with this regulation shall be guilty of an offence.

5.

Any dog that is suspected of having been bitten by, or of having been in contact with, or of having been in close proximity to, a rabid animal may, if not destroyed, with the approval of a veterinary officer be secured in a place of isolation as hereinafter provided and kept under observation for a period of at least six months, and shall be examined at least once a month by a veterinary officer during its isolation.

6.

(1) For the purposes of regulation 5 of these Regulations the dog shall be secured in a suitable place of detention in the immediate neighbourhood of the place where the dog is normally kept, or in such other place or quarantine as may be approved by the Director.

(2) The place of detention shall comprise a kennel or other enclosure with sufficient adjoining space to provide for the full liberty of the dog in the open air, the whole being so enclosed as to prevent the escape of the dog therefrom or its contact with any other dog: Provided that in the absence of such facilities the dog may, as a temporary expedient, be detained in such manner as may be approved by a veterinary officer or a veterinary inspector.

(3) Any person who fails to comply with this regulation shall be guilty of an offence.

7.

A veterinary officer, or any person authorized by him in writing, may destroy any dog which is not secured and isolated in accordance with regulation 5 of these Regulations.

8.

(1) The owner or other person in charge of an animal which has died from rabies shall burn or bury the carcass of the animal or cause it to be burned or buried within twenty- hour hours of the death of the animal.

(2) Any person who fails to comply with this regulation shall be guilty of an offence.

13 [Issue 1] CAP.

365 [Rev.

2012] Rabies [Subsidiary] 9.

Any person who moves any dog or cat, or causes any dog or cat to be moved, out of or into any rabies control area, without the prior written permission of a veterinary officer, shall be guilty of an offence.

10.

(1) The Director of Veterinary Services may, by notice in the Gazette, declare any area to be a compulsory rabies inoculation area.

(2) Every dog which is for the time being in an area declared to be a compulsory rabies inoculation area shall be inoculated at such intervals as the Director may specify, against rabies with avianised rabies vaccine (Flury strain), and the owner of every such dog shall ensure that it is so inoculated forthwith upon the date upon which the declaration comes into force, unless it was duly inoculated under the order revoked by these Regulations.

(3) Any person who fails to comply with subregulation (2) of this regulation shall be guilty of an offence.

[L.N.

62/1966, s.

2.] 11.

Any person who is guilty of an offence under these Regulations shall be liable to a fine not exceeding one thousand shillings or to imprisonment for a term not exceeding one month, or to both such fine and such imprisonment.

Note.The Rabies (Inoculation of Dogs) Regulations, 1963 (L.N.

543/1963) and the Rabies (Inoculation of Dogs) (Bungoma District) Regulations, 1964 (L.N.

387/1964) are not reproduced, as they are revoked by L.N.

128/1967.

[Rev.

2012] CAP.

365 Rabies [Subsidiary] Regulations under Section 10 RABIES RULES, 1964 [L.N.

213/1964, L.N.

136/1965, L.N.

247/1966.] 1.

These Rules may be cited as the Rabies Rules, 1964.

2.

When any diseased or suspected dog or cat is detained in a quarantine station, the owner or other person in charge of the dog or cat shall pay to the Director for each day, or part thereof, for which the dog or cat is detained the fees set out in the Schedule to these Rules.

3.

Where a dog is inoculated in pursuance of the Rabies Regulations against rabies with avianised rabies vaccine (Flury strain), the owner or other person in charge of the dog shall pay to the Director a fee of two shillings.

[L.N.

136/1965, L.N.

247/1966.] SCHEDULE [Rule 2.] Dogs KSh.

cts.

1.

Wire-haired terriers and other small breeds.

1 75 2.

Pointers, bull terriers and other medium-sized breeds.

2 50 3.

Great danes, borzois and other large breeds.

3 50 4.

Bitches together with unweaned pups, per bitch (a) wire-haired terriers and other small breeds.

2 50 (b) pointers, bull terriers and other medium-sized breeds.

3 75 (c) great danes, borzois and other large breeds.

4 50 5.

Weaned pups under six months of age.

1 75 Cats 1.

Cats.

1 75 2.

Cats together with unweaned kittens.

2 00 3.

Weaned kittens under six months of age.

1 00 15 [Issue 1].