Animal Technicians Act

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Section 37. Annual estimates Section 37(1) Before the commencement of each financial year, the Council shall cause to be prepared estimates of revenue and expenditure of the Council for that year. Section 37(2)(a) the payment of salaries, allowances and other changes in respect of the staff of the Council; Section 37(2)(b) the payment of pensions, gratuity and other changes in respect of retirement benefits which are payable out of the funds of the Council; Section 37(2)(c) the acquisition, maintenance, repair and replacement of the equipment and other movable properties of the Council; Section 37(2)(d) the proper maintenance of buildings and grounds of the Council; Section 37(2)(e) the creation of such reserve funds to meet future or contingent liabilities in respect of retirement benefits, insurance or replacement of buildings or equipment, or in respect of such other matter as the Council may deem as appropriate. Section 37(3) The annual estimates shall be approved by the Council before the commencement of the financial year to which they relate and shall be submitted to the Minister for approval and after the Minister has given his approval, the Council shall not increase any s...

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

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

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

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

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

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

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

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