THE VETERINARY SURGEONS AND VETERINARY PARA-PROFESSIONALS ACT, 2011 No.
29 of 2011 Date of Assent: 16th September, 2011 Date of Commencement: 2nd December, 2011 ARRANGEMENT OF SECTIONS Section PART IPRELIMINARY Short title.
PART II THE KENYA VETERINARY BOARD Establishment and incorporation of the Board.
Membership of the Board.
Tenure of office.
Objects and functions of the Board.
Supervisory functions of the Board.
Vacation of office.
Meetings and procedures of the Board.
0Delegation by the Board.
1 Remuneration of Board members.
2 Staff of the Board.
PART III PROVISIONS RELATING TO REGISTRATON AND PRACTICE AVeterinary Surgeons 3 Requirement for registration.
4 Definition of practice.
5Qualification for registration of veterinary surgeons.
6Temporary Registration of foreign veterinary surgeons.
BVeterinary Para-professionals 7Qualification and Registration of veterinary para-professionals.
CGeneral Provisions as to Registration.
8Cancellation of Registration.
0Confirmation of entries in Register.
2Correction of Registers.
PART IV PRACTICE BY REGISTERED PERSONS 3Registered persons entitled to practice.
5Use of titles.
7Professional charges not recoverable by unregistered person.
9Approval of institution.
PART VFINANCIAL PROVISIONS 0Funds of the Board.
3Accounts and Audit.
PART VIINQUIRIES AND DISCIPLINE BY THE BOARD 4Inquiries by the Board.
5Action after inquiry.
6Effect of removal, cancellation or suspension.
7Appeal against disciplinary action.
PART VIIOFFENCES AND PENALTIES 8Offences.
PART VIIIMISCELLANEOUS 9Institutions and the animal resources secretary.
0Restriction on institution of proceedings.
1Common seal of the Board.
2Certificate property of the Board.
3Protection from personal liability.
4Liability of the Board for damages.
PART XIREPEALS AND TRANSITIONAL 5Regulations.
6Repeal of Cap.
SCHEDULES FIRST SCHEDULECONDUCT OF THE BUSINESS AND AFFAIRS OF THE BOARD.
SECOND SCHEDULESERVICES TO BE OFFERED BY VETERINARY PARA-PROFESSIONAL THIRD SCHEDULEOATHS.
AN ACT of Parliament to make provision for the training, registration and licensing of veterinary surgeons and veterinary para-professionals; to provide for matters relating to animal health services and welfare, and for connected purposes ENACTED by the Parliament of Kenya, as follows- PART I PRELIMINARY Short title This Act may be cited as the Veterinary Surgeons and Veterinary Para-professionals Act, 2011, and shall come into operation on such date as the Cabinet Secretary may, by notice in the Gazette, appoint.
108 Cap.242 (1) In this Act, unless the context otherwise requires- animal includes cattle, camel, buffalo, sheep, goats, pigs, fish, horse, mule, ass, dog, and any other wild or domestic animal kept in captivity or otherwise; animal resource industry means a sector responsible for animal production, quality assurance, marketing, animal food security and sanitary factors in livestock, companion and other non-human animal resources development; animal resources secretary means a veterinary surgeon registered under this Act appointed to co-ordinate the animal resource industry in matters pertaining to animal health and production, policy, welfare, animal food safety and trade certification of animals and animal products; annual license means a license issued to a veterinary surgeon or para-professional under section 26; Board means the Kenya Veterinary Board established under section 3 (1); chairperson means the chairperson of the Board elected under section 4; Director means the person holding the office of Director of Veterinary Services in the public service; extralabel medicine use of a medicine in a species for which it is not indicated on the label or package.
inspector or inspecting officer means a person appointed as an inspector pursuant to regulations made under this Act; Kenya Veterinary Association means the association by that name registered under the Societies Act; notifiable disease shall have the meaning assigned to it under the Animal Diseases Act; prescribed form means the appropriate form set out in the Fourth Schedule; private practice means any practise for hire, gain, fee, compensation, or reward received, promised, offered, expected or accepted either directly or indirectly by the person rendering the veterinary service from the person requesting or receiving the service; public health officer shall have the meaning assigned to it under the Public Health Act; register means the register kept by the chief executive officer under section 19; registered person means a veterinary surgeon or veterinary para-professional whose name is on the register; registration authority in relation to a veterinary surgeon to whom section 16 refers, means the body registering veterinary surgeons in the veterinary surgeons country of origin; veterinary clinic means a consulting room, office, or an outpatient or inpatient facility and includes an ambulatory facility which the Board has approved for purposes of diagnosis and management of animal diseases; veterinary medicine means any curative or preventive substance, formulated medicament, or mixture of substances, whether proprietary or in the form of a preparation effective in animals, which is used, or is manufactured, sold or represented as suitable for use, in- the diagnosis, treatment, mitigation or prevention of disease or abnormal physical or mental state or the symptoms thereof in an animal; restoring, correcting or modifying any physical, mental or organic function in an animal; or controlling internal or external pests and parasites, and includes insecticides, vaccines, hormones, alternative medicines, antiseptics, disinfectants, surgical, nutrients and biological products; veterinary para-professional means a person registered as a veterinary para-professional to under section 17; veterinary specialist means a veterinary surgeon who is registered by the Board as a specialist; veterinary surgeon means a person whose name appears for the time being in the register of veterinary surgeons maintained pursuant to section 19.
(2) Until after the first elections under the Constitution, any reference in this Act to a Cabinet Secretary shall be construed to mean Minister and any reference to a Principal Secretary shall be construed to mean Permanent Secretary.
PART IITHE KENYA VETERINARY BOARD Establishment and incorporation of the Board.
(1) There is hereby established a board to be known as the Kenya Veterinary Board.
(2) The Board shall be a body corporate with perpetual succession and a common seal and shall in its corporate name be capable of suing and being sued; taking, purchasing, or otherwise acquiring, holding, charging or disposing of movable and immovable property; borrowing and lending money, and doing all such other things as may lawfully be done by a body corporate.
(3) The headquarters of the Board shall be in Nairobi.
Membership of the Board.
(1) The Board shall consist of (a) the Principal Secretary in the Ministry responsible for matters relating to livestock; (b) the Principal Secretary in the Ministry responsible for finance; (c) the Director of Veterinary Services, who shall be a registered veterinary surgeon under this Act; (d) a Dean of the Faculty of Veterinary Medicine of a public university in Kenya, being a registered veterinary surgeon, or a member of the faculty, who is a registered veterinary surgeon, nominated by him; (e) one veterinary surgeon who is a principal of a veterinary para-professional training institute appointed by the Cabinet Secretary; (f) four registered veterinary surgeons elected by registered veterinary surgeons and appointed by the Cabinet Secretary; (g) three veterinary para-professionals appointed by the Cabinet Secretary after being elected by registered veterinary para-professionals; (h) the chairperson of the Kenya Veterinary Association; (i) one person appointed by the Cabinet Secretary to represent veterinary research institutions; (j) one veterinary surgeon or veterinary paraprofessional nominated by the Director of the Kenya Wildlife Service and appointed by the Cabinet Secretary to represent the Wildlife sector; (k) two persons, not being veterinary surgeons or veterinary para-professionals, appointed by the Cabinet Secretary from the animal resource industry.
(2) The members referred to in paragraphs (1) (a), (b) and (c) may, in writing, depute suitable persons to represent them at the meetings of the Board.
(3) No person shall be appointed to serve as a member of the Board if such person (a) is not permanently resident in Kenya; (b) is not a citizen of Kenya; or (c) has at any time been convicted of an offence and sentenced to imprisonment for a period of six months or more without the option of a fine.
(4) The chief executive officer appointed under section 12 shall be secretary to the Board.
(5) The first meeting of the Board shall be convened by the Cabinet Secretary, and the members shall at that meeting elect a chairperson and vice-chairperson from amongst their number.
Tenure of office.
The members of the Board appointed under paragraphs (1) (f) and (g) of section 4 shall hold office for a term of three years but shall be eligible for reappointment for one further term.
(2) The Cabinet Secretary shall, on the recommendation of the Board, appoint a person to serve in the place of any member of the Board in the case of death, resignation, absence from Kenya for six consecutive months or more, or inability to act for whatever reason on the part of such member, and a person so appointed under this subsection shall serve until a substantive appointment or election is made.
Objects and functions of the Board.
(1) The object and purpose for which the Board is established shall be to exercise general supervision and control over the training, business, practice and employment of veterinary surgeons and para-professionals in Kenya and to advise the Government in relation to all aspects thereof.
(2) Without prejudice to the generality of the foregoing the Board shall advise the Government on matters relating to veterinary training, research, practice and employment, the use of veterinary medicines, poisons and the pesticides, and other issues relating to animal welfare; prescribe, in consultation with such approved training institutions as the Board may deem appropriate, courses of training for veterinary surgeons and veterinary para-professionals; approve institutions for the training of veterinary surgeons and various categories of veterinary para-professionals; consider and approve the qualifications of the various categories of veterinary para-professionals for the purposes of registration under this Act; register, license, control and regulate veterinary practice and veterinary laboratories, clinics, animal hospitals, and such other facilities as provided for in Rules made under this Act; formulate and publish a code of ethics which shall be binding on all registered persons; regulate the professional conduct of registered persons and take such disciplinary measures as may be appropriate to maintain proper professional and ethical standards; ensure the maintenance and improvement of the standards of practice by the registered persons; assess from time to time human resource and necessary training programmes to guarantee sound and efficient veterinary service delivery and advise the relevant Ministries accordingly.
maintain the registers and keep records of all registered persons; collaborate with other local and international organizations or bodies in the furtherance of the objects and functions of the Board; protect, in collaboration with relevant professional associations, the interests of the veterinary profession and deal with any matter related to such interests; create an inspectorate to work in collaboration with law enforcement agencies to locate, inspect, and close down premises or ambulatory clinics operated contrary to the practices prescribed under this Act, and take legal action against the offenders; guarantee animal welfare through registration, licensing and regulation of institutions and organisations with activities; regulate the use of technology for purposes of animal breeding; and carry out any other function to improve, promote and advance the veterinary profession and practice in Kenya.
Supervisory functions of the Board.
(1) The Board shall work in collaboration with training institutions to ensure that courses of study to be undertaken by students for a degree in veterinary medicine, including the standard of proficiency required for admission therein and the standard of examinations leading to the award of such degree, are sufficient to guarantee that the holder thereof shall have acquired the minimum knowledge and skill necessary for the efficient practice of veterinary surgery.
(2) For the purposes of this section the Board may appoint persons to visit any university or other institution in Kenya offering a degree in veterinary medicine and to report to it on the course of study, staffing, accommodation and equipment available for training in veterinary medicine and other arrangements available for such training; appoint persons to attend and monitor examinations in any aspect of veterinary surgery at any such university or institution and to report to it on the sufficiency of the examinations and on such other matters relating thereto as the Board may require; require the dean or head of the faculty of veterinary medicine at any university or institution to provide written information to it concerning any of the matters referred to in paragraph (a).
(3) The Board shall forward a copy of any report made under subsection (2) to the university or institution concerned and may, if it is satisfied that the standard of any course or examination is insufficient, and after it has given the university or other institution an opportunity of making observations on the report, require the university or institution in writing to take such measures as it may specify in order to improve or rectify the standard of such course or examination.
(4) If the Board, after the requirement in writing has been made under subsection (3), is satisfied that the university or institution has nevertheless failed or neglected to take the measures which are in the opinion of the Board necessary to improve or rectify the standard of any course or examination, it may cancel or suspend any approval granted by it to that university or institution under section 6(2)(c) : Provided that no degree awarded prior to such cancellation or suspension shall be affected by such cancellation or suspension.
(5) The provisions of this section shall apply, mutatis mutandis, to institutions where students pursue courses for the award of certificates, diplomas or degrees in animal health sciences for purposes of qualifying as veterinary para-professionals.
Vacation of office.
The office of a member of the Board shall become vacant if the member ceases to be qualified for membership; is absent, without reasonable cause, from three consecutive meetings of the Board; in the case of a member appointed under section 4 (1)(d) or (e), resigns by notice in writing addressed to the Cabinet Secretary; being a registered person, fails or neglects to pay retention fees as provided for by section 21; is an undischarged bankrupt; or is otherwise unable or unfit to carry out the functions of the Board.
Meetings and Procedures of the Board.
The First Schedule shall apply in respect of the meetings and procedure of the Board.
Delegation by the Board.
(1) The Board may establish such standing or ad hoc committees as it may deem necessary for the performance of its functions and the exercise of its powers under this Act.
(2) Subject to this Act, the Board may, either generally or in any particular case, delegate to any committee of the Board or to any member, officer, employee or agent of the Board, the exercise of any of the powers or the performance of any of the functions or duties of the Board under this Act.
Remuneration of Board members.
There shall be paid to the members of the Board such remuneration or allowances for expenses as the Minster may in consultation with the Cabinet Secretary responsible for finance approve.
Staff of the Board.
(1) The Board may appoint a chief executive officer and such other officers and staff as it may deem necessary, on such terms and conditions as may be approved by the Cabinet Secretary and the State Corporations Advisory Committee.
(2) The chief executive officer shall be responsible to the Board for the day-to-day running of its affairs, and shall be the Registrar and Secretary to the Board.
PART IIIPROVISIONS RELATING TO REGISTRATION AND PRACTICE AVeterinary Surgeons Requirement for registration.
(1) No person shall practise, or hold himself out, whether directly or indirectly, as practising or being able to practise as a veterinary surgeon or veterinary para-professional or to take up employment as such unless he is registered and licensed under this Act.
(2) No organization or institution shall offer animal health services unless it is registered and issued with a licence by the Board and has a registered veterinary surgeon in its employment in charge of the animal health and welfare services.
Definition of practice.
For the purposes of this Act, a person practices as a veterinary surgeon if such person engages in the prevention of an infectious or organic disease or pathological condition; performance of a surgical operation on an animal; dispensing or administration of veterinary medicines on animals; giving of any treatment, advice, training, research, consultancy services, diagnosis or attendance and other related veterinary services; inspection of foods of animal origin for purposes of food safety; provision of animal welfare services.
Qualification for registration of veterinary surgeons.
(1) A person shall be qualified to be registered as a veterinary surgeon under this Act if he is a citizen of Kenya; holds a degree in veterinary medicine from a university recognized in Kenya, and has after such qualification served an internship of not less than twelve months under a veterinary surgeon with not less than five years standing; and is a member of a registered professional association representing the interests of veterinary surgeons.
(2) The Board may in its discretion require an applicant under this section to undertake such examination as it may prescribe to satisfy itself that the applicants knowledge and skill qualify such person for registration.
(3) The examination referred to in subsection (2) may be conducted by the Board or by any other authority or institution appointed by the Board, and such examination shall be conducted subject to such terms and conditions as the Board may determine.
(4) A person seeking registration shall apply to the Board within a period of five years after qualification, and any person applying after the expiry of that period shall be subject to the provisions of subsection (2).
(5) A person registered by the Board under this section shall swear or affirm the oath set out in the Third Schedule, and shall be entitled to have his name entered in the register maintained by the Registrar for that purpose.
(6) Every registered person shall be issued with a certificate of registration in the prescribed form which shall be signed by the Registrar.
(7) Any person who practises veterinary medicine or surgery without having been registered under this section or otherwise contravenes any other provisions of this section 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 twelve months, or to both.
Temporary Registration of foreign veterinary surgeons.
(1) A person, being a qualified veterinary surgeon, who is not a citizen of, or is not ordinarily resident, in Kenya, but intends to be in Kenya for the purposes of carrying out any activity to which this Act applies in any underserved area of Kenya, or on any other related assignment, engagement or consultancy for which he has been engaged, shall, before embarking on the assignment, apply to the Board for temporary registration as a foreign veterinary surgeon for the purposes of this Act.
Provided that temporary registration under this section shall only be given to persons engaged by volunteer non-profit organizations recognized by the Board, which provide veterinary services in underserved areas.
(2) An application for temporary registration shall be made through the organization engaging the applicant, and shall be submitted to the Board in the prescribed form and accompanied by the fee prescribed by the Board, and certified copies of the applicants certificates in veterinary medicine, duly authenticated by the registration authority of the country where they were obtained; proof of membership of a professional association in the country of the applicant; and a letter attesting to good professional conduct from the registration authority in the country of the applicant.
(3) The Board may require a person applying for temporary registration to appear before it in person for an examination, whether oral or written.
(4) Upon due consideration of an application submitted to it under this section, the Board shall make and communicate its decision to the applicant within a reasonable time, but not later than fifteen days, and the decision of the Board shall be final.
(5) If the Board is satisfied that the applicant has fulfilled all the conditions for temporary registration as a foreign veterinary surgeon under this section it shall direct the Registrar to effect the registration and issue the applicant with a certificate of temporary registration: Provided that a person registered under this section shall be subject to the requirements of section 26 with regard to an annual licence.
(6) A certificate of temporary registration issued pursuant to this section may be subject to such terms and conditions as the Board may consider fit, and such terms and conditions may include that the veterinary surgeon so registered confines his practice to the area for which engaged, and that for every year he practises in Kenya he submits to the Board a quarterly report showing, inter alia, the progress made towards the completion of the task in respect of which the registration is issued.
(7) Any person who contravenes the provisions of this section, or abets, aids, facilitates or in any way assists any person to contravene the provisions of this section, 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 one year, or to both.
(8) Any registered veterinary surgeon who abets facilitates, or assists in the employment of a person in contravention of this section shall be liable to have his registration suspended for a period not exceeding three years.
(9) In addition to any penalty under this section, any person who is not a citizen of Kenya who contravenes this section shall be deported from the country.
(10) Any person, institution or organization which engages any foreign veterinary surgeon contrary to the provisions of this section shall be taken to have abetted, facilitated, aided or assisted such a person to practise veterinary medicine and surgery in Kenya in contravention of this Act, and shall be subject to the penalties prescribed.
BVeterinary Para-professionals Qualification and Registration of Veterinary para-professionals.
(1) A person shall be qualified for registration as a veterinary para-professional if the person is a citizen of Kenya, and has either has successfully completed a post-secondary school training course in animal health science lasting two years or more at an institution approved by the Board and has obtained a certificate, diploma or degree, and has thereafter served an internship of not less than twelve months under the supervision of a registered veterinary surgeon; or is qualified in animal husbandry, range management or wildlife health and has undergone a course of not less than one year in animal health prescribed by the Board, and has served an internship of not less than twelve months under the supervision of a registered veterinary surgeon, and (d) is a member of a registered association representing the interests of veterinary para-professionals.
(2) A person practises as a veterinary para-professional if he performs any of the functions set out in the Second Schedule in the manner specified therein: Provided that the Cabinet Secretary may, on the advice of the Board, from time to time and as the need arises, review the Second Schedule.
(3) An application under this section shall be in the relevant Form 3 set out in the Fourth Schedule, and shall be accompanied by such amount of registration fee as the Board may determine from time to time, certified copies of relevant certificates, and a letter from a registered veterinary surgeon certifying that the applicant served internship under his supervision as required by subsection (1)(c).
(4) A person registered under this section shall swear or affirm the oath set out in the Third Schedule, and shall be entitled to have his name entered in the register of veterinary para-professionals maintained by the Registrar for that purpose.
(5) Every registered person shall be issued with a certificate of registration which shall be signed by the Registrar.
(6) The Board may at any time cancel the approval of a training institution referred to in subsection (1)(b) if it is of the opinion that the qualification obtained therefrom is no longer of a satisfactory standard for the purposes of registration under this section: Provided that such cancellation shall not invalidate the registration of any person who graduated from that institution and was registered prior thereto.
(7) A person seeking registration under this section shall apply to the Board within a period of five years after qualification, and any person applying after the expiry of that period shall be required to pass such examination as the Board may prescribe.
CGeneral Provisions As To Registration Cancellation of Registration.
(1) The Board may cancel registration following the conclusion of an inquiry under Part VI of this Act, and the decision of cancellation shall be communicated to the person affected within a reasonable time, but not later than twenty one days from the date of cancellation, and that person shall return the certificate of registration to the Board within three months of that communication.
(2) Any person aggrieved by the decision of the Board under subsection (1) may appeal to the High Court whose decision shall be final.
19.(1) The chief executive officer shall open and maintain a separate register each for veterinary surgeons, into which shall be entered the names, qualifications, addresses and the date of registration of every person registered as a veterinary surgeon under section 15; each category of veterinary para-professionals, into which shall be entered the names, qualifications, addresses and the date of registration of every person registered as a veterinary para-professional under section 17; temporary registration, into which shall be entered the names, qualifications, addresses, and the date of temporary registration of every foreign veterinary surgeon under section 16, the hirer or contractor of every such veterinary surgeon, and any condition or restriction to which his registration may be subject; licensed veterinary surgeons and veterinary para-professionals in private practice; approved animal health training institutions; licensed veterinary laboratories; facilities and organizations offering animal health and welfare services; and such other particulars as the Board may direct in respect of persons registered under this Act.
Confirmation of entries in registers.
(1) The chief executive officer shall, not later than the 31st March in every year, publish a notice in the Gazette inviting all registered persons to inspect the respective registers and confirm their particulars as entered therein within such period as may be specified in the notice.
(2) A notice under subsection (1) shall specify the office at which the registers may be inspected and the time within which it may be done.
(3) Any person whose name does not appear in the relevant register after the period specified under subsection (1) shall be deemed not to be registered under this Act.
(1) Every registered person shall pay to the Board an annual retention fee in such amount as the Board may, from time to time, prescribe.
(2) The retention fee shall be paid notwithstanding any suspension for the time being imposed by the Board on any registered person.
(3) The retention fee shall be paid before the 31st December of every year.
(4) The payment of annual retention fee shall be evidenced by an endorsement on the registration certificate or any other document held by the paying member as prescribed by the Board.
(5) Any veterinary surgeon or veterinary para- professional who contravenes the provisions of subsection (2) shall have his name deleted from the relevant register, and any reinstatement on the register shall be upon payment of the outstanding amount together with such penalty as the Board may, with the approval of the Cabinet Secretary, prescribe.
(6) The Board shall recall the registration certificate of a person who has been deregistered and that person shall surrender back to the Board the certificate within three months from the date of recall.
(7) The reinstatement of the name of a deregistered person into the register and return of his certificate shall be subject to the provisions of regulations made pursuant to section 43.
(8) Where the name of a registered person has remained in the register for five consecutive years, such person shall be required to satisfy the Board, in such manner as it may deem fit, of his technical competence.
Correction of registers.
(1) The Registrar may with the approval of the Board, from time to time make any necessary alterations or corrections in any register maintained by him for the purposes of this Act.
(2) Without prejudice to the generality of subsection (1), the Registrar may alter or make a correction in any register under this Act to remove therefrom the name of any deceased person or any person who has requested in writing that his name be removed from the register; to remove therefrom the name of any registered person who is convicted of an offence under section 35; if satisfied that any person registered under this Act has left Kenya and has not returned within twelve months, in which case the name of such person shall be removed from the register unless he has notified the Board in writing of his absence before the expiry of the said twelve months and requested that his name should not be so removed, and continued, during the period of his absence, to pay the retention fees as required under Section 21; to remove therefrom the name of a person registered under section 16(5) after the expiry of the registration period; to correct clerical or editorial errors.
(3) It shall be the duty of every registered person to notify the Registrar within a reasonable time, not exceeding thirty days, of any change in any of the particulars entered in the register.
(4) Notification under subsection (3) shall be in the prescribed form and shall be accompanied by certified copies of documents attesting to the intended change.
(5) Any registered veterinary person who fails or neglects to notify the Registrar as required under subsection (3) shall pay, for any inconvenience, hardship or default suffered by the Board as a result of such failure or neglect, such penalty, as the Board may determine, and shall have no recourse against the Board or Registrar for any lost or misdirected correspondence communicated to him under the address on record.
PART IVPRACTICE BY REGISTERED PERSONS Registered persons entitled to practise.
(1) Every registered veterinary surgeon shall be entitled to practise veterinary medicine and surgery and to demand, sue for and recover in any court of competent jurisdiction reasonable charges for professional aid, advice and visits and the value of any veterinary appliances or materials or substance supplied by him.
(2) A veterinary para-professional registered under this Act shall perform the services set out in the Second Schedule and shall be entitled to demand, sue for and recover in any court of competent jurisdiction the reasonable charges for services so rendered subject to the conditions specified in that Schedule.
(3) Notwithstanding the provisions of subsection (2), a veterinary para-professional may render necessary first aid in matters not specified in the First Schedule in cases of emergency, and shall as soon as is reasonably practicable thereafter refer such first aid cases to the nearest veterinary surgeon in private practice on a referral basis.
(4) Every practising veterinary surgeon or veterinary para-professional shall provide a written report, in the prescribed format, to the area Government veterinary officer, on all notifiable diseases encountered during the course of his activities as such.
(5) Any person who fails to comply with provisions of subsections (2) and (4) of this section commits an offence and shall be liable, on conviction, to a fine not exceeding fifty thousand shillings, and in addition the Board may take appropriate disciplinary measures pursuant to Part VI of this Act.
Notwithstanding any other provision of this Act, it shall not be an offence for any person who is registered but not licensed as a veterinary surgeon or veterinary para-professional and who is in the service of (a) the Veterinary Department of the Government; (b) a livestock based research organization; (c) the Faculty of Veterinary Medicine of any University in Kenya or (d) such other authority, organization or institution as the Cabinet Secretary may, by notice in the Gazette declare to be an approved body for the purpose of this provision, if in the course of his duties he undertakes such procedures, including bleedings and inoculations, as he may be required to undertake by his superior officer who is a veterinary surgeon registered under this Act.
Use of titles.
A registered person shall, by virtue of being so registered, be entitled to take and use the title and description of Veterinary Surgeon or Veterinary- Paraprofessional as, the case may be, and- (i) in the case of a veterinary surgeon, a prefix of the title Doctor in an abbreviated form followed by his name as it appears in the appropriate register, and thereafter by abbreviated formats of degrees and any other special qualifications he may possess; and (ii) in the case of a veterinary para-professional, his name as it appears in the appropriate register followed by any suitable words in parentheses to the effect that he is a veterinary Paraprofessional.
shall not take or use, or affix to or use in connection with his premises, any title or description, in addition to that of veterinary surgeon or veterinary para-professional, other than as indicated by the particulars relating to his qualifications entered in the register or any other details permitted by the Board.
Every veterinary surgeon registered under this Act shall be required, in addition to being registered under this Act, to take out an annual licence in the form set out in the Fourth Schedule, issued to him by the Board before engaging in private practice.
Professional charges not recoverable by unregistered person.
No veterinary surgeon or veterinary para-professional shall be entitled to recover in any court any charges for or expenses incurred in any professional service, advice or visit or for the value of any medicine, material, substance or appliance supplied, unless he was, at the time such aid or advice was given or the visit made or such medicine, material or substance was supplied, duly registered and licensed under this Act.
c Approval of institution.
(1) No person shall, being in charge of a training institution in Kenya admit persons for training with a view to having such persons acquire a qualification which would render them registrable under this Act; or conduct a course of training or administer the examinations prescribed for the purposes of registration under this Act; or issue any document or statement indicating or implying that the holder thereof has undergone a course of training or passed the examinations prescribed by the Board for purposes of registration, unless such institution is approved by the Board for that purpose in accordance with this Act.
(2) Any person who contravenes the provisions of subsection (1) 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 twelve months, or to both.
(3) The Cabinet Secretary may make regulations prescribing the procedure for approving training institutions for the purposes of this section.
PART VFINANCIAL PROVISIONS Funds of the Board.
(1) The funds of the Board shall comprise of such monies as may be appropriated by Parliament for purposes of the Board; such monies as may accrue to or vest in the Board in the course of the exercise of its powers or the performance of its functions under this Act; and all monies from any other source provided for or donated or lent to the Board and such levies from the animal industry as shall be prescribed and approved by the Cabinet Secretary in consultation with the Cabinet Secretary responsible for finance.
(2) In addition to the monies under subsection (1), the Cabinet Secretary may by notice in the Gazette impose such levies as may be appropriate which shall form of the funds of the Board.
The financial year of the Board shall be the period of twelve months ending on the thirtieth June in every year.
(1) At least four months before the commencement of each financial year, the Board shall cause to be prepared estimates of revenue and expenditure of the Board for the financial year.
(2) The annual estimates shall make provisions for all the estimated expenditure of the Board for the financial year concerned and in particular shall provide for - the payment of salaries, allowances and other charges in respect of the staff of the Board; payments of allowances and any other emoluments to the members of the Board.
the payment of pensions, gratuities and other charges in respect of retirement benefits.
the proper maintenance of buildings, other property and grounds of the Board; the acquisition, maintenance, repair and replacement of the equipment and other movable or immovable property of the Board; and (f) the creation of such reserve funds to meet future or contingent liabilities in respect of retirement benefits, where applicable, insurance or replacement of buildings or equipment, or in respect of such other matter as the Board may deem appropriate.
(3) The annual estimates shall be approved by the Board before the commencement of the financial year to which they relate and after the approval, the sum provided shall not be altered without the consent of the Board.
Accounts and Audit.
12 of 2003 33.
(1) The Board shall cause to be kept all proper books and records of accounts relating to the income, expenditure, assets and liabilities of the Board.
(2) Within a period of three months after the end of a financial year, the Board shall submit to the Controller and Auditor-General or to an auditor appointed with the authority of the Controller and Auditor-General and the accounts of the Board for that year together with a statement of income and expenditure during the year; and a statement of the assets and liabilities of the Board as on the last day of that year.
(4) The accounts of the Board shall be audited by the Auditor-General or by an auditor appointed by the Board under the authority of the Auditor-General given in accordance with section 12 of the Public Audit Act, 2003.
PART VI INQUIRIES AND DISCIPLINE BY THE BOARD Inquiries by the Board.
(1) The Board may, either on its own motion or as a result of a complaint or charge or allegation lodged with it by any person, institute an inquiry into the conduct of a registered person for the alleged act or omission in a veterinary practice to which this Act applies or in contravention of this Act or regulations made thereunder.
(2) Any inquiry under subsection (1) shall be held on such date and at such time and place as may be determined by the Board, and the Registrar shall inform the person concerned in writing thereof.
(3) The Board may at its discretion seek the assistance of the Attorney-General to advise the Board at such inquiry on matters pertaining to law, procedure for evidence, or lead the evidence at the inquiry and cross- examine the witnesses.
(4) The person presiding at the inquiry shall keep or cause to be kept a record, in writing or by way of electronic recording, the proceedings at the inquiry and the evidence given thereat.
(5) Any person against whom an inquiry is instituted in terms of this section, shall be entitled, either in person or through a legal representative, to (a) be present at the inquiry; (b) answer the charge; (c) cross-examine any person who has given evidence at the inquiry; (d) inspect any book, document or record referred to in subsection (5); (e) call evidence in support of his defence; and (f) be heard in his own defence.
(6) The Board may summon any person who, in its opinion, is able to furnish any information of material importance to the inquiry, or who the Board has reason to believe has in his possession or custody or under his control any book, document or record relating to the subject of inquiry, to appear before it and to produce such book or record.
(7) The Board may retain for examination any book, document or record produced by a person summoned under subsection (5).
(8) Through the person presiding at the inquiry, the Board may administer an oath any person present at the inquiry, and examine him or cause him to be examined by a person designated by the Board to lead the evidence at the inquiry, and instruct him to produce any book, document or record in his possession or custody or under his or her control.
(9) Any person who fails or neglects, when summoned by the Board, to attend as a witness or to produce any books or documents which are in his possession, custody or under his control, or tenders false evidence at an inquiry held under this section, knowing such evidence to be false, commits an offence and shall be liable on conviction to a fine of five thousand shillings or to imprisonment for a period not exceeding one month, or to both.
(10) The Board may prescribe procedures for the purposes of subsection (1).
(11) Where the registered person against whom a complaint is lodged is a member of the Board, such a member shall vacate office to pave way for an inquiry into the alleged misconduct.
Action after inquiry.
(1) If any registered and licensed person is convicted by a court of any felony, or of any misdemeanour, or of any offence under this Act, or, after inquiry by the Board, is found to have been guilty of any infamous or disgraceful conduct in a professional respect, the Board may (a) reprimand the person; (b) suspend his registration for a specified period not exceeding twelve months; (c) withdraw or cancel his annual licence for a specified period not exceeding six months; or (d) impose a penalty not exceeding one hundred thousand shillings; or (e) cancel his registration and remove his name from the register.
(2) The power to order removal of the name of a person from the register or to cancel the annual licence of any person shall include a power to direct that, during such period as may be specified in the order, the registration of the person or the licence granted to him shall not have effect during the period of removal or cancellation.
(3) Any person aggrieved by the decision of the Board may appeal to the High Court within fourteen days from the date of receipt of the Boards decision.
(4) The provisions of this section in so far as they relate to the cancellation of licenses shall be in addition to and not in derogation of the provisions of section 21.
(5) The Registrar shall forthwith publish in the Gazette and in a daily newspaper of national circulation the removal of a name from the register or the cancellation of an annual licence under this section.
(6) The Board may order that any veterinary surgeon or veterinary para-professional who was the subject of enquiry under this Act reimburses the Board or any witness involved in the enquiry all or any expenses incurred in connection with the inquiry.
Effect of removal, cancellation or suspension.
(1) Where the name of any person has been removed from the register, the name shall not be restored on the register except by order of the Board.
(2) Where an order has been made for the removal of a persons name from the register, or for the suspension of his registration or for cancellation or suspension of an annual licence granted to a person under this Act, the Board may either of its own motion or on the application of the person concerned, and after holding such inquiry as the Board deems fit, cause the name of that person to be restored on the register, or terminate the suspension of registration or, as the case may be, grant a new annual licence, and with or without the payment of a fee, not exceeding the registration or annual licence fee, as the Board may determine.
(3) The provisions of subsection (1) shall not apply where a persons name has been removed from the register in any of the circumstances set out in section 22(2): Provided that in circumstances other than those set out under section 22(2) a persons name may, subject to this Act and upon an application made by him to the Board, be restored on the register on payment of such fee, not exceeding the registration fee, as the Board may determine.
Appeal against disciplinary action.
(1) Any person aggrieved by the removal of his name from the register; the suspension of or other adverse action in relation to his registration or annual licence; the period of any such suspension; a refusal to restore his name on the register; any other decision of the Board under this Part, may appeal to the High Court against the decision of Board.
PART VIIOFFENCES AND PENALTIES Offences.
Any person who employs a veterinary surgeon or veterinary para-professional who is not registered under this Act; fraudulently makes or causes or permits to be made a false or incorrect entry on any register or any copy thereof required under this Act; fraudulently procures or attempts to procure, for himself or for any other person, registration under this Act; being a registered person, allows unqualified persons to practice veterinary medicine on the strength of his registration certificate; not being a registered person, pretends to be so registered, or falsely takes or uses any title or description implying, whether in itself or in the circumstances in which it is taken or used, that such person is a veterinary surgeon or Veterinary para-professional or is qualified to practise the veterinary profession; being a registered veterinary para- professional, fails to comply with the requirements of section 23 (3); forges, or, knowing it to be forged, utters a document purporting to be a certificate, receipt, approval or other document issued under this Act; impersonates any person registered or deemed to be registered under this Act; fails, neglects or refuses to furnish or provide any information or particulars demanded by the Board or by an officer or agent of the Board in accordance with this Act; obstructs or hinders a member, officer, or other member of staff or an agent of the Board, or any person duly authorised by the Board, or the Registrar, in the exercise of his powers under this Act; refuses, neglects or fails to comply with any conditions imposed on him by the Board under this Act; willfully destroys, damages or renders illegible or causes another person to destroy, damage or render illegible any entry in a register kept, or any certificate, receipt, approval or other document issued under this Act; operates a veterinary clinic, hospital, laboratory, or other facilities used in veterinary practice without the approval and licensing by the Board, being a practising veterinary surgeon or veterinary para-professional, comes across a notifiable disease and fails or neglects to report to the Director or to the Directors representative; being a practising veterinary surgeon or veterinary para-professional, is in breach of the oath administered by the Board; or fails to surrender back to the Board the certificate of registration when called upon to do so by the Board, or contravenes any of the provisions of this Act.
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 twelve months or to both.
PART VIII MISCELLANEOUS Institutions and the animal resources secretary.
(1) The Cabinet Secretary may establish institutions to enable the Board to function efficiently and effectively in the management of the animal resource industry, especially the livestock sector, both nationally and within the county governments.
(2) Without prejudice to the generality of subsection (1), the Cabinet Secretary shall establish- a veterinary medicines directorate to regulate the manufacture, importation, exportation, registration, distribution, prescription and dispensing of veterinary medicines and poisons; an animal health inspectorate service for quality assurance of animal production inputs and animal products; a special inspectorate to oversee the use and utilization of non-traditional animal resources such as genetically modified organisms, and guarantee bio-safety to human consumers, animal health and welfare.
the Kenya Livestock Research Institute; and the Kenya Livestock Marketing and Development Authority.
(3) The Cabinet Secretary shall, through a competitive process, appoint an animal resources secretary whose function shall be to co-ordinate the animal resources industry in order to foster economic development and improve livestock-based livelihoods both nationally and in the counties, and perform such other functions as may be assigned.
Restriction on institution of proceedings.
(1) A prosecution for an offence under this Act shall not be instituted without the sanction of the Director of Public Prosecutions.
(2) Without prejudice to the provisions of subsection (1), the Director of Public Prosecutions, may give consent to inspectors or other officers designated by the Board under this Act.
(1) The common seal of the Board shall be kept by the Registrar or any other person designated by the Board.
(2) The affixing of the common seal on any document of the Board shall be authenticated by the signatures of the Chairman and the Registrar: Provided that the Board shall, in the absence of either the chairperson or the Registrar in any particular matter, nominate one of its members to authenticate the seal on behalf of either the chairperson or the Registrar.
(3) Any 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 board by any person generally or specifically authorized by the Board for that purpose.
Certificate property of the Board.
Any certificate of registration issued under this Act shall remain the property of the Board.
Protection from personal liability.
No matter or thing done by a member of the Board or by any officer, employee or agent thereof shall, if the matter or thing is done bona fide in the execution of any of the functions, powers or duties of the Board, render the member, officer, employee or agent personally liable to any action, claim or demand whatsoever arising therefrom.
Liability of the Board for damages.
The provisions of section 42 shall not relieve the Board of liability to pay compensation to any person for any injury to him or damage to or loss of his property or to any of his interests caused by the exercise of any power conferred by this Act or by the failure, whether wholly or partially, of any works: Provided that the Board shall not be liable for any injury or damage occasioned in the course of legitimate and lawful functions.
(1) The Cabinet Secretary may make regulations generally for the better carrying out of the provisions of this Act.
(2) Without prejudice to the generality of the foregoing, regulation made under this section may provide for (a) the approval and licensing of veterinary clinics, hospitals, laboratories, premises or other facilities used in private practice; (b) procedures for the registration and licensing of specialist or consultant veterinary surgeons, locums and any special categories of veterinary surgeons for the purposes of private practice; (c) procedures for the temporary registration and licensing of foreign veterinary surgeons and veterinary para-professionals; (d) procedures to be followed by the Board in any disciplinary inquiry under section 34; (e) the enforcement of the attendance of witnesses and the production of books and other documents for the purposes of a disciplinary inquiry under section 34; (f) any form to be used in connection with any matter or any fee to be charged under this Act; (g) conditions under which training institutions shall be approved and examinations therein conducted for purposes of this Act; (h) the conduct of examinations authorised or permitted under the provisions of this Act and for the carrying into effect of any scheme or curriculum for education in the veterinary profession; (i) advertisement of services by veterinary surgeons; (j) the appointment of inspectors for the purposes of overseeing or inspecting the works and premises of veterinary surgeons or veterinary para-professional or matters relating to private practice; (k) modalities for the election of members of the Board; (l) the procedure for reinstatement of de-registered persons; (m) internship for veterinary surgeons and veterinary para-professionals; (n) the handling of animals within a view to safeguarding their welfare; (o) the creation of registers for the various categories of veterinary surgeons or veterinary para-professionals registered or licensed under this Act; and (p) anything required by this Act to be prescribed.
PART XIREPEALS AND TRANSITIONAL Repeal of Cap.
(1) The Veterinary Surgeons Act is repealed.
(2) Notwithstanding subsection (1), the transitional provisions set out in section 46 shall apply upon the coming into operation of this Act.
7.(1) All the rights, interests, assets and liabilities of the Kenya Veterinary Board existing immediately before the commencement of this Act (hereafter referred to as the previous Board) shall be deemed to have been assigned and vested in the Board established by this Act.
(2) Any contract or instrument referred to in subsection (1) shall be of the same force and effect against or in favour of the Board, and shall be enforceable as fully and effectively as if instead of the previous Board, the Board had been named therein or had been a party thereto.
(3) The Board shall be subject to all the obligations and liabilities to which the previous Board was subject immediately before the commencement of this Act, and all other persons shall have the same rights, powers and remedies against the Board as they had against the previous Board before the commencement of this Act.
(4) Any proceedings or cause of action pending or existing immediately before the commencement of this Act, by or against the previous Board in respect of any right, interest, obligation or liability of the previous Board, may be continued, and any determination of a court of law, tribunal or other authority or person may be enforced by or against the Board to the same extent that such proceedings or cause of action or determination might have been continued, commenced or enforced by or against the previous Board.
(5) All assets, funds, resources and other movable or immovable property which immediately before the commencement of this Act were vested in the previous Board, shall without further assurance, be vested in the Board.
(6) Any person who immediately before the commencement of this Act was an employee of the previous Board shall, on the commencement of this Act, continue in office and be deemed to have been appointed to his office by the Board established under this Act.
FIRST SCHEDULE (S.9) CONDUCT OF THE BUSINESS AND AFFAIRS OF THE BOARD 1.
The Board shall meet at least four times in a year for the transaction of its business, and such meetings shall be held at such places and times and on such days as the Board may determine.
The chairperson shall preside at all meetings of the Board at which he is present, and in case of his absence the vice-chairperson shall preside, but in the absence of both the chairperson and vice-chairperson, members present and constituting a quorum shall elect one among their number to be the chairperson for purposes of the meeting.
The quorum of meeting of the Board shall be five, at least three of whom shall be veterinary surgeons.
The decisions of the Board shall be by a simple majority of the votes of the members present, but in the case of an equality of votes, the chairperson or person presiding shall have a casting vote.
The Minutes of each meeting shall be kept in the minute book, after they have been confirmed by the Board and signed by the chairperson at a subsequent meeting of the Board.
The deliberations and minutes of meetings the Board shall be confidential.
No proceedings of the Board shall be invalid by reason only of a vacancy among the members thereof.
Subject to this Schedule, the Board may determine its own procedure.
SECOND SCHEDULE (S.23 (2)) SERVICES TO BE OFFERED BY A VETERINARY PARAPROFESSIONAL A-SERVICES The following may be performed by a Veterinary paraprofessional Implementation of parasite control programmes in animals; Meat inspection and other duties under the relevant legislation, if authorized therefor by the Director of Veterinary Services.
Delegated duties pertaining to regulated animal diseases, including the various eradication schemes.
Extension services (including training and education) to farmers and community members; The collection, capturing and evaluation of data and the compiling of reports whilst assisting with epidemiological and research projects.
The collection of samples, including blood smears, impression smears, skin scrapings, and wool scrapings, and faecal samples (excluding the collection of samples by biopsy); The examination and analysis of samples, including blood smears, skin and wool scrapings, urine analysis and faecal samples and elementary clinical chemistry; Basic post mortem examinations and the collection and submission of samples; Artificial insemination provided that the veterinary para- professional is registered as an inseminator with the Director of Veterinary Services.
Any other function which may be assigned pursuant to this Act.
B-Procedures Closed castrations of cattle under 6 (six) months of age; closed castrations of sheep and goats under 3 (three) months of age; Open castrations of pigs up to thirty days of age; Dehorning of immature cattle, sheep and goats under 4 (four) months of age; Tail docking of sheep under 2 months of age by using the open method; Hoof trimming; Under the responsibility or direction of a veterinary surgeon (i) the lancing of abscesses; (ii) the treatment of septic wounds; and (iii) the administration of injections and medicines.
Any other function which may be assigned pursuant to this Act.
C- Execution of services Notwithstanding the provisions of Parts A and B of this Schedule a veterinary Para-professional shall perform the services referred to in Part A only during the course of delegated responsibility (a) as an employee of the Government; or (b) as an employee of a registered veterinary surgeon.
D-Services to be carried out by unqualified persons The rendering of treatment in an emergency for the purpose of saving life or relieving pain, provided the case handed over to a registered veterinary surgeon or para-professional for follow-up.
The performance of any of the following operations by an animal owner on his own animals- closed castration of ruminants before the age of six months; the docking of a lamb before the age of six months; the amputation of the dew claws in a newborn puppy; the debudding of a calf under the age of four weeks: Provided that, without prejudice to the foregoing paragraphs of this Part - (i) the operations specified in (a) to (d) of this paragraph shall only be performed by persons of the age of or above eighteen; (ii) nothing in this Act shall authorise the castration of any animal mentioned hereunder after it has reached the age respectively shown Bull months.
THIRD SCHEDULE (s.
15(5)) OATHS THE VETERINARIANS OATH I ., being admitted to the profession of veterinary medicine,solemnly swear / affirm that I shall use my scientific knowledge and skills for the benefit of society through the protection of animal health, the relief of animal suffering, the conservation of livestock resources, the promotion of public health, and shall at all times support the advancement of veterinary medical knowledge.
I shall practice my profession conscientiously with dignity and in keeping with the principles of veterinary medical ethics.
I accept as a lifelong obligation the continual improvement of my professional knowledge and competence.
So help me God.
REGISTRAR KENYA VETERINARY BOARD THE VETERINARY PARA - PROFESSIONALS OATH I.
being admitted as a Veterinary Para- professional, solemnly swear/ affirm that I shall dedicate myself to aiding society by providing excellent care and services for animals to alleviate animal suffering, and to promoting public health.
I accept my obligation to practice my profession conscientiously and with sensitivity, adhering to the professions Code of Ethics, and furthering my knowledge and competence through a commitment to lifelong learning.
So help me God.
REGISTRAR KENYA VETERINARY BOARD FOURTH SCHEDULE FORMS (S.17(3)) Form 1 APPLICATION FOR REGISTRATION AS A VETERINARY SURGEON The Registrar, The Kenya Veterinary Board, Kabete.
of hereby make an application for registration as a Veterinary Surgeon, and forward herewith the prescribed fee of Kshs.
My qualifications are I enclose : the following certificates / diplomas.
the Vetenarians oath as required by section 15(5) of the Veterinary Surgeons and Para-professionals Act.
Date Signature Form 2 CERTIFICATE OF REGISTRATION AS A VETERINARY SURGEON is hereby registered as a Veterinary Surgeon under section 14 of the Veterinary Surgeons and Para-professionals Act.
Given this day of ., 20.
Registrar, Kenya Veterinary Board Form 3 APPLICATION FOR REGISTRATION AS A VETERINARY PARAPROFESSIONAL The Registrar, The Kenya Veterinary Board, Kabete.
of hereby make an application for registration as a Veterinary Para-professional, and forward herewith the prescribed fee of Kshs.
My qualifications are.
I enclose :- the following certificates / diplomas the Veterinary Para-professionals oath as required by section 16 (3) of the Veterinary Surgeons and Para-professionals Act.
Date Signature Form 4 CERTIFICATE OF REGISTRATION AS A VETERINARY PARAPROFESSIONAL.
Is hereby registered as a Para-veterinarian in accordance with the provisions of section 16 of the Veterinary Surgeons and Para-professionals Act.
Given this day of ., 20 Fee: Kshs.
Registrar, Kenya Veterinary Board Form 5 NOTIFICATION OF PARTICULARS IN THE REGISTER Name: Registration No.:.
Previous details: New details:.
Date Signature Form 6 LICENCE TO PRACTISE AS A VETERINARY SURGEON of Practice name.
Physical address: P.O.
Email: is hereby licenced to practice as a Veterinary Surgeon in accordance with the provisions of section 24 of the Veterinary Surgeons and Para-professionals Act.
This licence is subject to the conditions set out by the Veterinary Board below: Dated this day of.
Registrar, Kenya Veterinary Board Form 7 LICENCE TO PRACTICE UNDER A VETERINARY SURGEON BY A VETERINARY PARAPROFESSIONAL of Practice name Physical address:.
Box Telephone: Email:.
is hereby licenced to practice under Dr.
as a Veterinary Para-professional in accordance with the provisions of section 24 of the Veterinary Surgeons and Para-professionals Act.
This licence is subject to the conditions set out by the Veterinary Board below: Dated this day of.
Fee: Kshs Registrar, Kenya Veterinary Board Veterinary Surgeons and Veterinary Para-Professional Act, 2011 PAGE PAGE \* MERGEFORMAT 49 www.kenyalaw.org The Veterinary Surgeons and Veterinary Para-Professionals Act, 2011.