Animal Diseases Act

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

Section 2. Interpretation. Section In this Act, except where the context otherwise requires— "administrative officer" includes a veterinary officer; "animal disease" means any disease of an animal and includes a notifiable disease; "animals" means mammals, birds, reptiles, bees and life stages of fish, molluscs, crustaceans and amphibians whether originating from aquaculture establishments or removed from the wild and released to the environment, for human consumption or for ornamental purposes.; "birds" deleted byAct No. 12 of 2012, Sch. ; "cattle" deleted byAct No. 12 of 2012, Sch. ; "Director" means the Director of Veterinary Services; "notifable disease" includes cattle plague (rinderpest), anthrax, contagious bovine pleuro-pneumonia, tuberculosis, East Coast fever, epizootic or ulcerative lymphangitis, rabies, foot-and-mouth disease, sheep-pox, scab, swine-fever, swine erysipelas, glanders, farcy, surra, trypanosomiasis, heartwater, mange (scabies) in horses and mUles, bacillary white diarrhoea and pullorum disease, fowl pest, lumpy skin disease, paratuberculosis (Johnes disease), atrophic rhinitis aod sera pie and any other contagious or infectious disease of animals that the...

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

Section 4. Animals affected with notifiable disease. Section 4(1)(a) keep such animal tied up or enclosed in a boma or other enclosed place and kept separate from other animals not so infected or suspected of being infected; and Section 4(1)(b) forthwith give notice of that fact to the nearest administrative officer or inspector; Section 4(2) Any veterinary surgeon who has reason to believe or suspect that any notifiable disease exists on any farm or in any area shall notwithstanding the provisions of subsection (1) of this section forthwith give notice of that fact to the nearest administrative officer or inspector. Section 4(3) Any administrative officer or inspector to whom notice is given under subsection (1) or subsection (2) of this section may require the person having the animal or animals in question in his possession or charge to submit to him within a period of not more than twenty-four hours such specimens from such animal, or animals or, if such animal dies, from its carcass, as may be reasonably required for the purpose of ascertaining the existence and nature of the notifiable disease. Section 4(4) An administrative officer or inspector shall, on being satisfied of t...

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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