Prevention of Cruelty to Animals Act

Section 1. Short title Section This Act may be cited as the Prevention of Cruelty to Animals Act.

Section 2. Interpretation Section saving or prolonging the life of an animal; or

Section 3. Acts and omissions which amount to cruelty and penalties therefor Section 3(1)(a) cruelly beats, kicks, ill-treats, over-rides, over-drives, over-loads, tortures, infuriates or terrifies any animal; or Section 3(1)(b) uses an animal which is so diseased, injured or in such physical condition that it is unfit to be so used; or Section 3(1)(c) conveys, carries, confines or impounds an animal in a manner or position as to cause that animal unnecessary suffering; or Section 3(1)(d) without sufficient cause, starves, underfeeds or denies water to an animal; or Section 3(1)(e) being the owner of an animal, without reasonable cause or excuse, abandons it, whether permanently or not, in circumstances likely to cause the animal unnecessary suffering; or Section 3(1)(f) being the owner of an animal, keeps it in a grossly dirty or verminous condition or, without reasonable cause or excuse, fails to procure or administer veterinary treatment or attention for the animal in case of disease, injury or delivery of young; or Section 3(1)(g) wilfully, without reasonable cause or excuse, administers any poisonous or injurious drug or substance to an animal or causes any such substance to b...

Section 4. Fighting and baiting of animal an offence Section causes, promotes or assists at the fighting or baiting of an animal; or

Section 5. Offences relating to poisoned grain and flesh, etc. Section 5(1)(a) sells, or offers or exposes for sale, or gives away, or causes or procures any person to sell or offer or expose for sale or give away, or knowingly is a party to the sale or offering or exposing for sale or giving away of any grain or seed which has been rendered poisonous except for bona fide use in agriculture; or Section 5(1)(b) knowingly puts or places, or causes or procures any person to put or place, or knowingly is a party to the putting or placing in or upon any land or building any poison, or any fluid or edible matter (not being sown seed or grain) which has been rendered poisonous, Section 5(2) It shall be a defence to proceedings under paragraph (b) of subsection (1) that the poison was placed for the purpose of destroying insects and other invertebrates, rats, mice and small ground vermin or any other animals where such is found to be necessary in the interests of public health, agriculture, or the preservation of other animals, or for the purpose of manuring the land, and that all reasonable precautions to prevent injury to other animals were taken.

Section 6. Offences relating to the use of traps and other devices Section 6(1)(a) uses, or causes or procures to be used, any net, snare, trap or other device so designed as to cause unnecessary suffering to an animal captured or killed thereby; or Section 6(1)(b) having set, or having caused or procured to be set, any net, snare, trap or other device, fails to inspect or to cause some competent person to inspect, the net, snare, trap or other device at reasonable intervals of time and at least once every day between sunrise and sunset, Section 6(2) Where any person is convicted of an offence under this section the court may, in addition to any penalty that may be imposed, order any net, snare, trap or other device used by such person for the capturing or killing of any animal to be forfeited.

Section 7. Hunting of injured captive animal an offence Section 7(1)(a) in an exhausted, injured or mutilated condition; or Section 7(1)(b) in such manner or place as to expose it to immediate attack, or danger of attack, by other animals; or Section 7(1)(c) in an enclosed space from which it has no reasonable chance of escape, Section 7(2) For the purposes of this section, a captive animal shall not be deemed to be coursed or hunted before it is liberated for the purpose of being coursed or hunted, or after it has been recaptured, or if it is under control.

Section 8. Cruel slaughtering of animals an offence Section 8(1)(a) in such a manner as to cause it more suffering than is necessary; or Section 8(1)(b) in the sight of any another animal awaiting slaughter, Section 8(2)(a) that at the time of the alleged offence he was of a religious persuasion that prescribed the slaughter of an animal in the manner in which it was slaughtered; and Section 8(2)(b) that the animal was slaughtered in a place other than a slaughterhouse or abattoir; and Section 8(2)(c) that the animal was slaughtered for private consumption and that the meat of such animal was not the subject of sale, barter or exchange.

Section 9. Training of animals in cruel manner an offence Section 9(1) A person who, whether for the purposes of the exhibition or not, trains any animal by the cruel infliction of pain or terror, or by the excessive use of a whip, goad or other instrument, or by the application of heat, electrical shock, or other similar appliance or agency, shall be guilty of an offence and liable to a fine not exceeding two thousand shillings or to a term of imprisonment not exceeding three months, or to both such fine and imprisonment. Section 9(2) Where any person is convicted of an offence under this section, the court may, in addition to any penalty that may be imposed, order any whip, goad or other instrument, or appliance used by such person for the training of any animal to be forfeited. Section 9(3) Where it is proved to the satisfaction of a subordinate court on a complaint made by an authorized officer or police officer that the training or exhibition of any animal has been accompanied by cruelty and should be prohibited or allowed subject only to conditions, the court may make an order against the person in respect of whom the complaint is made prohibiting the training or exhibition o...

Section 10. Prohibition of certain public contests, performances and exhibitions with animals Section 10(1)(a) throwing or casting, with ropes or other appliances, of any unbroken or untrained animal; or Section 10(1)(b) riding, or wrestling, fighting or struggling with, any untrained animal; or Section 10(1)(c) riding, or attempting to ride, any animal which by the use of any appliance or treatment involving cruelty is or has been stimulated with the intention of throwing off the rider, Section 10(2) For the purposes of proceedings under paragraphs (a) and (b) of subsection (1), if an animal appears or is represented to spectators to be unbroken or untrained it shall lie on the defendant to prove that the animal is in fact broken or trained; and Section 10(3) In proceedings under paragraph (c) of subsection (1) of this section in respect of the use of any such appliance or treatment as is therein mentioned upon an animal before or during a performance, it shall be a defence for the defendant to prove that he did not know, and could not reasonably be expected to know, that the appliance or treatment was to be or was used. Section 10(4) In this section, "public performance" does not...

Section 11. Prohibition of films involving cruelty to animals Section 11(1) No person shall exhibit to the public, nor supply to any person for public exhibition (whether by him or by another person), any cinematograph film if in connexion with the production of the film any scene represented in the film was organized or directed in such a way as to involve the cruel infliction of pain on or terror to an animal or the cruel goading of any animal to fury. Section 11(2) In any proceedings brought under this section in respect of any film, the court may (without prejudice to any other mode of proof) infer from the film as exhibited to the public or supplied for public exhibition, as the case may be, that a scene represented in the film as so exhibited or supplied was organized or directed in such a way as to involve the cruel infliction of pain on or terror to any animal or the cruel goading of any animal to fury, but (whether the court draws the inference or not) it shall be a defence for the defendant to prove that he believed, and had reasonable cause to believe, that no scene so represented was so organized or directed. Section 11(3) Any person who contravenes the provisions of th...

Section 12. Hawking of animals in cruel manner prohibited Section 12(1) Any person who hawks any animal in such a manner as to cause unnecessary suffering to the animal shall be guilty of an offence and liable to fine not exceeding five hundred shillings. Section 12(2) For the purposes of this section, "hawk" means to carry in any manner for sale, barter or exchange any animal and includes the act of selling or exposing for sale an animal by any person in or at any place in or at which he does not usually reside or carry on business.

Section 13. Experiments only to be performed by licensed persons Section Any person, other than a licensee, who performs any experiment shall be guilty of an offence and shall be liable to a fine not exceeding three thousand shillings or to a term of imprisonment not exceeding six months, or to both.

Section 14. Prohibition of performance of experiments subject to certain conditions Section 14(1)(a) performs an experiment otherwise than in accordance with the terms of his licence or permit and subject to the restrictions imposed by section 15 . Section 14(1)(b) performs any experiment for the purpose of attaining manual skill; or Section 14(1)(c) performs any experiment for the purpose of illustrating any lecture at any university, college, hospital, medical school, agricultural college, farm school or any other academic institution unless he is the holder of a teaching permit issued under section 17 of this Act, and, unless the experiment is of a class specified in such permit and is performed in accordance with the terms of the permit, Section 14(2) Any person who aids, or takes part, in the performance of any experiment in contravention of the provisions of subsection (1) of this section shall be guilty of an offence. Section 14(3) Any person guilty of an offence under this section shall be liable to a fine not exceeding two thousand shillings or to a term of imprisonment not exceeding three months, or to both. [L.N. 2/1964.]

Section 15. Restrictions upon performance of experiments by licensee Section 15(1)(a) for the purpose of the advancement by new discovery of physiological knowledge, or of any knowledge which will be useful for saving or prolonging life, or alleviating suffering, or for combating any disease, whether of human beings, animals or plants; Section 15(1)(b) for the purpose of testing any former discovery alleged to have been made for the advancement of the types of knowledge referred to in paragraph (a); Section 15(1)(c) by the order in writing of a Judge of the Supreme Court in any where such Judge is satisfied that it is essential for the purpose of justice in a criminal case to make such experiment. Section 15(2)(a) throughout the whole of the experiment the animal is under the influence of an anaesthetic of sufficient power to prevent the animal feeling pain; and Section 15(2)(b) if the pain is likely to continue after the effect of the anaesthetic has ceased, or if any serious injury has been inflicted on the animal, the animal is killed before it recovers from the influence of the anaesthetic which has been administered. Section 15(3) The provisions of subsection (2) of this secti...

Section 16. Grant of licence Section 16(1) The Cabinet Secretary may grant a licence to any person to perform any experiment for any purpose specified in such licence during such period and subject to such conditions in addition to the conditions specified in this Act as he may think fit. Section 16(2) It shall be a condition of a licence granted under this section that any experiment performed pursuant to such licence shall be performed at such place as may be specified in such licence. Section 16(3) It shall be a condition of any licence granted under this section to any person who is not registered under the Veterinary Surgeons and Veterinary Para-professionals Act (Cap. 366) or the Medical Practitioners and Dentists Act ( Cap. 253 ) that any experiment performed pursuant to the licence shall be performed under the supervision or direction of a person duly registered under one or other of the Acts aforesaid.

Section 17. Teaching permits Section 17(1) Where the Cabinet Secretary is satisfied that it is absolutely necessary for the due instruction of persons attending any course of lectures for the purpose of acquiring physiological knowledge or knowledge which will be used for saving or prolonging life, or alleviating suffering, or for combating any disease whether of human beings, animals or plants, for any such lecture to be illustrated by the performance of an experiment, the Cabinet Secretary may grant to a licensee under this Act a teaching permit to perform any experiment specified in such licence for the purpose of illustrating the lecture. Section 17(2) A teaching permit under this section shall be subject to such conditions, in addition to the conditions specified in this Act, as may be specified in such permit, and such permit shall remain in force for twelve months from the date on which it is granted. [L.N. 2/1964.]

Section 18. Special permits Section 18(1)(a) by the performance of the experiment under anaesthetic; or Section 18(1)(b) by killing the animal on which the experiment is performed before it recovers from the influence of an anaesthetic, Section 18(2) Any special permit under this section shall specify the period for which it shall remain in force. [L.N. 2/1964.]

Section 19. Revocation of licence or permit Section Every licence or permit granted under this Act may be revoked at any time by the Cabinet Secretary on being satisfied that such licence or permit ought to be revoked. [L.N. 2/1964.]

Section 20. Records Section 20(1) A licensee shall keep, in such form as may be prescribed, records of all experiments performed by him under a special permit. Section 20(2) A licensee shall permit any person authorized in writing by the Cabinet Secretary to inspect those records at any reasonable hour. Section 20(3) A licensee shall render to the Cabinet Secretary in such form and at such time as may be prescribed such returns as may be required in relation to an experiment performed by him under a special permit. Section 20(4) A licensee who contravenes, or fails to comply with, the provisions of this section shall be guilty of an offence and shall be liable to a fine not exceeding three thousand shillings or to a term of imprisonment not exceeding two months or to both.

Section 21. Inspections Section 21(1) A licensee shall permit a person authorized in writing by the Cabinet Secretary to enter and inspect, for the purpose of ascertaining whether the provisions of this Act are being complied with, any place specified in any licence for the performance of experiments. Section 21(2) Any person who resists, hinders or obstructs any person authorized under subsection (1) in the exercise of his powers of inspection under this subsection, or conceals any animal with intent to defeat the exercise of such powers of inspection, shall be guilty of an offence and liable to a fine not exceeding one thousand shillings or to a term of imprisonment not exceeding one month, or to both. Section 21(3) For the purposes of this section no person shall be authorized by the Cabinet Secretary unless he is registered under the Veterinary Surgeons and Veterinary Para-professionals Act (Cap. 366) or the Medical Practitioners and Dentists Act ( Cap. 253 ). [L.N. 2/1964.]

Section 22. Absolute prohibition of public exhibition of experiments Section 22(1) No experiment shall be exhibited to the general public. Section 22(2) Any person who performs or aids in performing an experiment which is exhibited to the general public, whether admitted on payment of money or otherwise, shall be guilty of an offence and liable to a fine not exceeding two thousand shillings or to a term of imprisonment not exceeding three months, or to both.

Section 23. Consent to prosecution Section A prosecution under this Part of this Act against a licensee shall not be instituted except by or with the written consent of the Director of Public Prosecutions. [L.N. 2/1964, Act No. 12 of 2012 , Sch.]

Section 24. Liability of owners Section 24(1) A person who, being the owner of an animal, permits the commission of an offence under this Act or against any regulation made thereunder in relation to that animal shall be guilty of that offence and liable to the penalties prescribed therefor. Section 24(2) For the purposes of this section an owner shall be deemed to have permitted the commission of an offence if he fails to exercise reasonable care and supervision in respect of the protection of the animal therefrom provided that, where an owner is convicted of permitting the commission of an offence by reason only of his having failed to exercise reasonable care and supervision, he shall not be liable to imprisonment without the option of a fine.

Section 25. Destruction of injured animals by authorized officer or police officer without consent of owner Section 25(1) If an authorized officer or a police officer of or above the rank of Sub- Inspector finds an animal so diseased or so severely injured or in such a physical condition that in his opinion it ought to be destroyed, he shall, if the owner is absent or refuses to consent to the destruction of the animal at once summon a veterinary surgeon, if any veterinary surgeon is within reasonable distance, or two adult persons, and if such veterinary surgeon or adult persons, after having duly examined the animal, shall give a certificate that the animal is mortally injured or so severely injured or so diseased or in such physical condition that it is cruel to keep it alive, it shall be lawful for such officer, without the consent of the owner to destroy the animal, or cause or procure it to be destroyed, with such instruments or appliances and with such precautions and such manner as to inflict as little suffering as practicable, and if the destruction takes place on any public road, to remove the carcass or cause it to be removed therefrom. Section 25(2) Where any animal is...

Section 26. Custody of animals pending proceedings Section 26(1) Whenever a person is charged with an offence under this Act or any regulation made thereunder in relation to an animal, a magistrate having jurisdiction in the area which the offence is alleged to have been committed may by order in writing authorize any person to seize that animal and to cause it to be removed to some place of custody, pending the hearing of the charge, if the magistrate is satisfied, from information given on oath, that such seizure and removal are necessary in order to prevent the animal being exposed to further damage, injury or unnecessary suffering. Section 26(2) Upon the conviction of any person of an offence committed in relation to an animal which has been seized and placed in custody under subsection (1) of this section, the court shall, in addition to any penalty that may be imposed, order the person convicted to pay such sum equal to the costs which the court finds to have been incurred in connection with the seizure and custody of that animal and the sum so ordered to be paid shall be recoverable as if it were a fine. Section 26(3) At the conclusion of proceedings in respect of an offence...

Section 27. Power of court to order destruction of animals Section 27(1) Where the owner of an animal is convicted of an offence under this Act or against any regulation made thereunder in relation to any animal, it shall be lawful for the court, if the court is satisfied that it would be cruel to keep the animal alive, to direct that the animal be destroyed, and assign the animal to any suitable person for that purpose, and the person to whom such animal is so assigned shall, as soon as possible, destroy the animal, or cause or procure the animal to be destroyed, in his presence, without unnecessary suffering. Section 27(2) Unless the owner assents, no order shall be made under this section except upon the evidence of a veterinary surgeon. Section 27(3) Any reasonable expenses incurred in destroying the animal may be ordered by the court to be paid by the owner, and may be recovered summarily as a civil debt.

Section 28. Power of court to deprive person convicted of offence of ownership of animal Section 28(1)(a) depriving such person of the ownership of the animal; Section 28(1)(b) disqualifying such person from owning, possessing or controlling any similar kind, type or class of animal for such period as it thinks fit under the circumstances: Section 28(2) No order shall be made under this section unless the court is satisfied by evidence of a previous conviction for an offence involving cruelty to an animal, or as to the character of the convicted person or by other evidence, that animals owned, possessed or controlled by such person are likely to be exposed to a further offence under this Act. Section 28(3) Where a court makes an order under paragraph (a) of subsection (1) of this section, it may make a further order as to the disposal of the animal and where a court makes an order under paragraph (b) of that subsection, it may stipulate the manner in which and the time within which such person shall be required to dispose of any other animals of a kind, type or class which he may then own, possess or control. Section 28(4) Any convicted person who fails to comply with any provision...

Section 29. Compensation in certain cases Section 29(1) Where any person, by committing an offence in relation to any animal under section 3 , 4 , 5 , 6 , 7 , 9 or 10 of this Act, does, or causes to be done, any damage or injury to the animal or to any person or property he shall upon conviction for that offence be liable, upon the application of the owner of the animal or the person who has sustained damage or injury to his person or property, to be ordered to pay as compensation to such owner of the animal or such person, as the case may be, such sum not exceeding six hundred shillings which the court before whom he is convicted may consider reasonable and the sum so ordered to be paid shall be recoverable as if it were a fine. Section 29(2) A person convicted of an offence under this Act or against any regulation made thereunder in relation to any animal shall, upon the application of any person who has incurred expenses in providing necessary veterinary or other treatment, food or shelter or other care or attention for any animal in respect of which such offence was committed, or for caring for such animal until the making of an order by the court for the disposal of animal, be...

Section 30. Any person authorized to prevent cruelty Section If any person has reason to believe that any offence is being or is about to be committed under this Act or against any regulation made thereunder in relation to any animal it shall be lawful, where to summon an authorized officer or a police officer will occasion unreasonable delay and unnecessary suffering to such animal, for such person to take such reasonable steps as are necessary to prevent the commission of such offence.

Section 31. Power to enter and inspect land, premises or vehicle Section 31(1)(a) seize any animal, vehicle or any other thing which he has reasonable grounds for believing to be evidence of an offence; Section 31(1)(b) require the owner or occupier of the land or premises or the owner or driver of such vehicle to render such explanation and such information relating to any animal as may be reasonably required by such officer in the performance of his duties: Section 31(2) The power to act under subsection (1) of this sectionshall only be exercised without a warrant if the officer so acting has reasonable cause to believe that the delay occasioned in obtaining a search warrant would seriously hinder him in the performance of his duties, and such power shall be exercised only by or under the directions of a police officer of or above the rank of Sub-Inspector unless the person exercising it has reasonable cause to believe that the delay occasioned in summoning such police officer would, or would tend to, defeat the purposes of this section. Section 31(3) Before removing anything under the provisions of paragraph (a) of subsection (1) of this section, the officer removing it shall fu...

Section 32. Power to seize animal or vehicle Section 32(1) Where a person having charge of a vehicle or animal is apprehended by an authorized officer or a police officer for an offence under this Act or any regulation made thereunder, it shall be lawful for such officer or any other police officer to seize such vehicle or animal, and to deposit the same in some place of safe custody, until the termination of the proceedings in respect of such offence or until the court directs such vehicle or animal to be delivered to the person charged or the owner thereof, and the reasonable costs of detention, including the reasonable costs of veterinary treatment where such treatment is required, shall, in the event of a conviction in respect of the said animal, be recoverable from the owner as if such costs were a fine. Section 32(2) Where any animal, whether drawing a vehicle or otherwise, shall appear to an authorized officer or police officer to be so diseased or injured as to be unfit for work or to have suffered such ill-treatment as would be an offence under this Act or against any regulation made thereunder it shall be lawful for such officer to detain or seize such animal or vehicle a...

Section 33. Employers and owners to produce drivers or animals if so required Section 33(1) Where proceedings are instituted under this Act or any regulation made thereunder against the driver or conductor of any vehicle, it shall be lawful for the court to issue a summons directed to the employer of the driver or conductor, as the case may be, requiring him, if it is in his power so to do, to produce the driver or conductor at the hearing of the case. Section 33(2) Where proceedings are instituted under this Act or under any regulation made thereunder it shall be lawful for the court to issue a summons directed to the owner of the animal requiring him to produce either at, or at any time before, the hearing of the case, as may be stated in the summons, the animal for the inspection of the court, if such production is possible without cruelty. Section 33(3) Where a summons is issued under either subsection (1) or (2) of this section and the owner or employer, as the case may be, fails to comply therewith without reasonable excuse, he shall be liable to a fine not exceeding three hundred shillings for the first offence and not exceeding six hundred shillings for the second or any su...

Section 34. Awards Section Where in any proceedings under this Act or against any regulation made thereunder any fine is imposed, the court may award any sum or sums not exceeding half the total fine to the person, not being a public officer, who shall complain, or to such other person as to the court seems fit or proper.

Section 35. Obstruction of authorized officer or police officer Section Any person who resists, hinders or obstructs an authorized officer or police officer in the exercise of his powers under this Act or conceals any animal with intent to defeat the exercise of such powers, or who on any requisition under paragraph (b) of subsection (1) of section 31 of this Act wilfully withholds information or gives any information knowing or having reason to believe it to be false or misleading, shall be guilty of an offence and shall be liable to a fine not exceeding three thousand shillings or to a term of imprisonment not exceeding six months or to both.

Section 36. Appointment of authorized officer Section The Cabinet Secretary may, after consulting with the East African Society for the Prevention of Cruelty to Animals by notice in the Gazette , appoint such persons as he thinks fit to be authorized officers for the purposes of this Act. [L.N. 2/1964.]

Section 37. Regulations Section prescribing and regulating the manner in which animals may be kept;