The Animal Diseases Rules

Section 1. Citation Section These Rules may be cited as the Animal Diseases Rules.

Section 2. Interpretation Section In these Rules, unless the context otherwise requires— "canine animals" means dogs, hyenas and other animals of the canine tribe; "farm" means land used for agricultural purposes which is owned or occupied by any person or is in the possession of any person by virtue of a freehold or leasehold title and is not situated in a city, municipality, township, town or former trading centre: Provided that if two or more farms occupied by one owner or occupier immediately adjoin each other they shall be deemed to be one farm for the purposes of these Rules, and any two farms so occupied, and divided by a public road only, shall be deemed to be adjoining; "inspecting officer" means an inspector, a veterinary officer, or any person authorized by the Director to perform the duties of an inspecting officer under these Rules; "issuer of permits" means a person appointed by or under rule 16 of these Rules to be an issuer of permits; "licence" means a licence issued under rule 3(1); "permit" means a permit issued under rule 17; "place of quarantine" means a place where animals may be tested for any animal disease; "restricted area" means any of the areas described...

Section 3. Importation by sea or air Section 3(1) Repealed by L.N. 127/2007. Section 3(2) Animals may be imported by sea only through the port of Mombasa or Lamu, and may be imported by air only through one of the airports of Mombasa, Nairobi or Kisumu. Section 3(3) No imported cattle, horse, sheep, goat or swine may leave the port or airport of entry until the licence has been produced to the inspecting officer. Section 3(4) Any person who contravenes any provision of this rule shall be guilty of an offence. [L.N. 259/1974, L.N. 127/2007.]

Section 4. Examination of imported animals Section 4(1) All animals which have been imported shall be moved to a place of quarantine by the inspecting officer for examination in accordance with these Rules, and shall be subject to any special directions or orders (including orders to destruction) as the Director may issue. Section 4(2) Any person who removes an animal from a place of quarantine without the written authority of an inspecting officer, or who fails to comply with any direction or order of the Director issued under paragraph (1), shall be guilty of an offence. [L.N. 259/1974.]

Section 5. Certificates required for imported animals Section all animals: a certificate certifying that the animals come from an area free from contagious and infectious diseases, and a certificate from a veterinary surgeon based on clinical evidence certifying that the animals were in good health, and free from any contagious or infectious diseases, such certificates being dated not more than ten days prior to the date of embarkation;

Section 6. Tests Section 6(1) The Director may stipulate the details of carrying out any test or operations which is needed to enable a certificate or technical conclusion required under these Rules to be given. Section 6(2) The Director may subject all horses, mules and donkeys imported from overseas to a Mallein test under such conditions as he may direct, and in the event of a positive reaction such horse, mule or donkey shall be destroyed.

Section 7. Quarantine of dogs and cats Section If the Director is satisfied that a canine animal or feline animal which has been imported has not been suitably vaccinated against rabies he shall cause the animal to be detained and isolated at the expense of the owner in a place approved by the Director, for a period of up to six months.

Section 8. Director may require other certificates Section The Director may require any animal which is being imported or moved in transit through Kenya to be accompanied by any other certificates as he may consider necessary to prevent introduction of any animal disease into Kenya.

Section 9. Animals imported not to have been in contact with other animals Section The inspecting officer shall satisfy himself, after due inquiry that the animals imported (whether by sea, air, road or rail) were not during the journey either in contact with an animal which would be likely to spread disease or exposed to any other infection and, in the case of canine animals or feline animals, the inspecting officer shall require a certificate to this effect signed by the officer in charge of the aircraft, vessel or any other carriage.

Section 10. Fodder accompanying animals to be free from disease Section The importer shall satisfy the inspecting officer that no fodder or foodstuff likely to cause disease or the spread of disease has been taken on board any vessel, aircraft, vehicle or rolling stock and has been in contact with the animal imported; and no such fodder nor foodstuff shall be landed from or reloaded into such vessel, aircraft, vehicle or rolling stock except as approved by the inspecting officer acting in accordance with instructions from the Director.

Section 11. Tests and quarantine for imported cattle Section 11(1) All cattle which have been imported shall, as soon as the requirements as to licences and certificates have been satisfied, proceed, unless the Director otherwise directs, by train, air or motor transport to a place of quarantine and shall be subjected to a test for tuberculosis at the expense of the owner. Section 11(2) No such cattle shall be released from the place of quarantine until they have given a negative reaction to the test for tuberculosis. Section 11(3) Any person who fails to comply with paragraph (1) shall be guilty of an offence. [L.N. 259/1974.]

Section 12. Imported animals may be dipped or otherwise treated Section In addition to any other powers conferred upon an inspecting officer, he may cause any animal which has been imported to be inoculated, dipped, disinfected, sprayed or otherwise treated, before a permit for movement is issued from the place of quarantine.

Section 13. Imported animals infected with disease may be destroyed Section In addition to any other powers conferred upon him by these Rules, an inspecting officer may, with the authority of the Director, cause any animals which have been imported and which are infected or suspected of being infected with any disease or which have been in contact with a diseased animal or have otherwise been exposed to infection or contagion of disease to be destroyed or to be subjected to treatment.

Section 14. Importation of animals from Tanzania and Uganda Section Notwithstanding anything contained in these Rules, animals may be imported from Tanzania or Uganda subject to such restrictions and requirements as the Director may from time to time direct.

Section 15. Meaning of animals in certain rules Section For the purpose of rules 17, 18, 19, 20 and 21, "animals" means only cattle, swine, sheep, goats or captive wild animals of the natural order Artiodactyla.

Section 16. Issuers of movement permits Section 16(1) The Director may, by notice in the Gazette , appoint any person to be an issuer of permits for the purposes of these Rules. Section 16(2) Every inspector shall be an issuer of permits.

Section 17. No movement within restricted area without permit Section 17(1) Within a restricted area no animal shall be moved from or onto any farm, onto or over any public road, into, from or over any forest area or from, onto or over any unalienated Government land, except in accordance with a permit. Section 17(2) Within an infected area no animal shall be moved from or onto any farm, onto or over any public road, onto, from or over any forest area, from, onto or over unalienated Government land, without a permit. Section 17(3) No animal shall be moved from or into a restricted area except in accordance with a permit authorizing such movement. Section 17(4) No animal shall be moved from one district to another district without a permit authorizing such movement. Section 17(5)(a) all permits shall be issued subject to such special conditions as may be imposed by the Director or by an issuer of permits; Section 17(5)(b) whenever a public road passes through a farm, it shall be lawful for the occupier of such farm, unless prohibited by the order of a veterinary officer, to move any healthy cattle, swine, sheep or goats across such road from one part to another part of the farm with...

Section 18. Stray animals Section Any animals found strayed are deemed, for the purposes of rule 17, to have been moved by the owner and also by the person actually in charge of them.

Section 19. Provision concerning permits Section 19(1) Every permit for the movement of animals issued under these Rules shall be in the form directed by the Director and shall include the conditions of movement. Section 19(2)(a) the number and description of the animals to be moved; Section 19(2)(b) the route by which the animals are to travel; Section 19(2)(c) the period for which the permit holds good; Section 19(2)(d) the place to which the animals may be moved; Section 19(2)(e) the method by which the animals may be moved; and Section 19(2)(f) such other particulars as the Director may from time to time direct, Section 19(3) Every permit shall be made out in triplicate; the original shall be given to the applicant; the second shall be sent immediately to the veterinary officer of the district to which the stock are to be moved and the third shall be retained by the issuer of permits. Section 19(4) Any person who fails to comply with any of the conditions of a permit, or who, not being an authorized issuer of permits makes any alteration to a permit, shall be guilty of an offence.

Section 20. Issuers of permits to comply with Director’s instructions Section Every issuer of permits shall comply with such directions as may be given by the Director.

Section 21. Cancellation or variation of permits Section 21(1) A permit may, at any time, be cancelled or varied by an issuer of permits. Section 21(2) In the case of an outbreak of a notifiable disease, issuers of permits shall cancel and vary permits as may be necessary to deal with the outbreak.

Section 22. Movement of infected animals out of restricted areas Section Outside a restricted area, any person who moves any animal infected with a notifiable disease, or which has been in contact with an animal so infected, otherwise than in accordance with a permit shall be guilty of an offence. [L.N. 259/1974.]

Section 23. Permit holder responsible for breach of Rules Section 23(1)(a) he shall give the permit to such other person who shall carry it during the movement; and Section 23(1)(b) if such other person is guilty of an offence under these Rules in respect of that movement, the person to whom the permit is issued shall be guilty of the like offence. Section 23(2) Permit to be produced on demand. — The person in charge of an animal which is being moved under a permit shall, on demand being made by an issuer of permits or police officer produce the permit, to the issuer of permits or police officer and if he fails to produce the permit, he shall be guilty of an offence and the issuer of permits or police officer may without warrant detain him in custody: Provided that any person so detained shall be taken with all practicable speed before a magistrate and shall not be detained without warrant longer than is necessary for the purpose. [L.N. 259/1974.]

Section 24. Detention of animals moved without permit Section 24(1) If an issuer of permits or an inspecting officer has reason to believe that any animal is being moved otherwise than in accordance with a permit, he may detain the animal, but if he is not a veterinary officer, a veterinary inspector nor a police officer, he shall forthwith report such detention to a veterinary officer, a veterinary inspector or police officer. Section 24(2) If an owner or occupier of land finds an animal, the movement of which, except in accordance with a permit, is prohibited by these Rules, straying on or being moved over the land, and a permit authorizing the movement of the animal is not produced to him, he may detain the animal, but shall forthwith report the detention to an inspecting officer or police officer.

Section 25. Removal of detained animals Section Any person, other than an inspecting officer or police officer or person acting on his instructions, who removes any animal detained under rule 24, without consent of the person who detained the animal, shall be guilty of an offence.

Section 26. Disease amongst animals being moved Section 26(1) If disease occurs among any animals which are being moved under a permit, the person in charge of the animals shall immediately report the occurrence to the nearest issuer of permits and shall not proceed with the movement of the animals until he receives the orders of a veterinary officer or inspector. Section 26(2) Any person who contravenes paragraph (1) shall be guilty of an offence. [L.N. 259/1974.]

Section 27. Reporting of death or disposing of animals being moved Section 27(1) If any animal being moved under a permit dies or is disposed of, the person in charge of the animal shall report the death or disposal to the issuer of permits nearest to the place to which the animals are authorized to be moved. Section 27(2) Any person who contravenes paragraph (1) shall be guilty of an offence. [L.N. 259/1974.]

Section 28. Surrender of expired permits Section 28(1) The person to whom a permit has been issued, or the person in charge of any animal in respect of which a movement permit has been issued, may be required, on the expiration of the period for which the permit has been issued, to deliver the expired permit to an issuer of permits forthwith. Section 28(2) Any person who contravenes paragraph (1) shall be guilty of an offence. [L.N. 259/1974.]

Section 29. Notification of infected areas Section Whenever a veterinary officer or an inspector has reason to believe that any animal is infected with a notifiable disease or has been exposed to such infection in any area, he shall notify the Director, who may declare that area to be an area infected by a notifiable disease.

Section 30. Orders may be made in infected areas Section 30(1) The Director, a veterinary officer or inspector shall order any animal which is in an infected area and which is infected with a notifiable disease or is exposed to such infection to be isolated or to be dealt with in such other manner as he may deem expedient, and may issue such orders, directions and prohibitions as he may consider necessary or advisable in order to prevent the spread of disease: Provided that an inspector shall not cause an animal to be slaughtered except on the instructions of a veterinary officer. Section 30(2) Any person who fails to obey any orders or directions or who does or permits to be done any act or thing prohibited by, a veterinary officer or inspector under this rule shall be guilty of an offence.

Section 31. Gates to be kept shut Section 31(1) No person shall, in any infected area or in a place of quarantine, open and leave open any gate in any fence erected to restrict the movement of cattle or for the purpose of quarantine. Section 31(2) Any person who contravenes paragraph (1) shall be guilty of an offence. [L.N. 259/1974.]

Section 32. Herbage or animal products not to be removed from infected area or place of quarantine Section 32(1) Any person who removes from any infected area or from a place of quarantine any grass, herbage, flesh, dung, skin or hide except with the approval of the veterinary officer or inspector in charge of the area or place shall be guilty of an offence. Section 32(2) Any veterinary officer, inspector or police officer may seize and destroy, or otherwise deal with, any grass, herbage, flesh, offal, dung, skin or hide which has been removed in contravention of paragraph (1). Section 32(3) A veterinary officer or an inspector (or a police officer on the directions of an inspecting officer) may seize and destroy or otherwise deal with any hide or skin which he has reason to believe has been derived from an animal infected with a notifiable disease. Section 32(4) Movement of animals from infected areas. — A veterinary officer for the time being in charge of a province may authorize any veterinary officer or inspector within that province to issue a movement permit for the movement of any animal from an infected area, and where he does so he shall inform the Director forthwith. [L.N...

Section 33. Detention of animals at owner’s risk Section Any animal detained in a place of quarantine for the purposes of the Act shall be so detained at the risk and expense of the owner whose duty it shall be to provide such shelter, accommodation and attendants as may be required for the detained animal.

Section 34. Branding of animals Section A veterinary officer or inspector may cause any animals within an infected area or which have been placed in quarantine to be branded with a registered brand.

Section 35. Director to enter land and erect notices Section The Director or a person authorized by him in writing may, for the purpose of restricting the movement of animals, enter upon any land, whether privately owned or not, and erect and maintain thereon any fences, notice boards, or beacons, or remove any fence, notice board or beacon so erected.

Section 36. Treatment of animals may be restricted Section It shall be lawful for the Director, in any case where he thinks fit for the purpose of preventing the spread of a notifiable disease, to order that no person other than a veterinary officer or inspector or a person acting under the directions of a veterinary officer shall treat any animal which is infected with a notifiable disease.

Section 37. Director, veterinary officer may require animal to be disinfected, and may make tests Section 37(1) The Director or any veterinary officer or inspector may, at any time, require any animal to be sprayed, dipped, washed or otherwise disinfected or inoculated, or confined in a place of quarantine, if he considers the same to be necessary in order to prevent the spread of a notifiable disease. Section 37(2) The Director or any veterinary officer or inspector may, for the purpose of detecting or diagnosing a notifiable disease, take or cause to be taken from any animal blood smears or other specimens or apply such other tests as he may consider necessary. Section 37(3)(a) fails to comply with any requirement made to him under paragraph (1); or Section 37(3)(b) obstructs or prevents, or attempts to obstruct or prevent the taking of any smear or sample, or the application of any test, under paragraph (2),

Section 38. All stock to be presented for treatment Section Whenever treatment to immunize stock against a notifiable disease is undertaken on a farm or in an area, every person owning or having charge of stock on that farm or within that area shall, on being required thereto by the Director or by a veterinary officer or inspector, present all stock on the farm or within the area for treatment at such place or places on the farm or in the area as the Director, or veterinary officer or inspector directs and any person who fails so to present any stock shall be guilty of an offence. [L.N. 259/1974.]

Section 39. Exemption of stock from treatment Section On an application being made by the owner or person having charge of any stock, the veterinary officer or inspector carrying out treatment under rule 38 may at his discretion exempt the stock from treatment: Provided that if so requested he shall furnish the owner, occupier or manager of the farm with his reasons in writing for the exemption.

Section 40. Stray animals infected with disease Section 40(1)(a) they shall, if found on private land, be confined and isolated by the owner or occupier of the land as near as possible to the place where they have been found, or if found on unalienated land or on a road be confined and isolated at such place near to that at which they have been found as a veterinary officer, inspector, police officer or administrative officer may direct; Section 40(1)(b) all animals which have been in contact with such stray animals, and which by reason of such contact have become liable to infection shall be confined and isolated at such place as the Director, a veterinary officer, an inspector, a police officer or administrative officer may direct; and Section 40(1)(c) the person detaining any such stray animals shall forthwith cause the nearest inspector or police officer to be notified of such detention. Section 40(2) Any person who fails to comply with the provisions of paragraph (1) or with any direction given thereunder shall be guilty of an offence. [L.N. 259/1974.]

Section 41. Destruction of carcasses of stray animals Section 41(1) If an occupier of land finds the carcass of any stray animal on his land, he shall either cause the carcass to be burned or buried and immediately thereafter report the matter to the police or give notice of the presence of the carcass to the police and take all reasonable precautions to prevent the carcass being disposed of otherwise than by being burned or buried pending the arrival of the police. Section 41(2) A police officer, on receiving notice of the presence of the carcass of any stray animal upon any land (including private land) or upon any public road, shall take immediate steps to have the carcass buried or burned. Section 41(3) Any expense incurred by the police or an occupier of land in or in connection with disposing of a carcass as required by this rule may be recovered from the owner of the carcass as if it were for work done on his behalf and at his request. Section 41(4) Any person who fails to comply with the provisions of paragraph (1) shall be guilty of an offence. [L.N. 259/1974.]

Section 42. Buried carcass not to be removed Section No person other than the Director, a veterinary officer, an inspector or a person acting on his instructions shall remove any animal which has been buried or, except for the purpose of burial or burying any carcass which has been ordered to be buried or burned in pursuance of the Act and any person who contravenes this rule shall be guilty of an offence. [L.N. 259/1974.]

Section 43. Orders as to method of carcass disposal Section The Director or veterinary officer may issue orders as to the method of disposal of the carcasses of animals which have died from a notifiable disease and any expense incurred in complying with such orders shall be borne by the owners of the carcasses and any person who fails to comply with any such order issued to him shall be guilty of an offence. [L.N. 259/1974.]

Section 43A. Regulation of stock on railway land and road Section 43A(1) Notwithstanding that an area is not an infected area, no person shall, without reasonable excuse, graze stock or permit stock to be on any railway land or public road in any area. Section 43A(2) Any person who contravenes subrule (1) shall be guilty of an offence. Section 43A(3) Where any person is charged with an offence under this rule the burden of proving that he had reasonable excuse shall lie upon that person. Section 43A(4) In this rule— "railway land" means land used or reserved for the purpose of, or in connection with, a railway operated or to be operated by the Kenya Railways Corporation established under the Kenya Railways Corporation Act ( Cap. 397 ); "public road" has the same meaning as is assigned to that term in section 2 of the Public Roads and Roads of Access Act ( Cap. 399 ). [L.N. 381/1988.]

Section 44. Keeping of stock in city, municipality, township or town Section The Director may, with the approval of the Minister, forbid, by notice in the Gazette , the keeping of cattle, swine, sheep, or goats in any city, municipality, township or town and any person who keeps any such animal in contravention of any such notice shall be guilty of an offence. [L.N. 259/1974.]

Section 45. Disinfection of railway trucks and vehicles Section The Director may, for the purpose of preventing the spread of a notifiable disease prohibit in any district or portion thereof the holding of any exhibition of animals or the sale of animals in open markets or in private sale yards and any person who holds any exhibition or sells any animal in contravention of any such prohibition shall be guilty of an offence. [L.N. 259/1974.]

Section 46. Prohibition of public sale of stock Section Where any cattle, swine, sheep, goats or captive wild animals of the natural order Artiodactyla have been moved to any railway track or other vehicles, the owner or persons responsible for such vehicles shall cause them to be disinfected in the manner specified in the Third Schedule and any person who fails to comply with this rule shall be guilty of an offence. [L.N. 259/1974.]

Section 47. Disinfecting public and private stock yards Section 47(1) All public markets for stock and private sale yards and all structures and enclosures connected therewith in which stock have been confined shall, if so ordered by a veterinary officer or inspector, be cleaned and disinfected at the close of each day. Section 47(2) The cleaning shall be carried out by and at the expense of the appropriate authority or owner to the satisfaction of a veterinary officer or an inspector inspecting the same. Section 47(3) The person in charge of any market or sale yard in respect of which an order under paragraph (1) is not complied with shall be guilty of an offence. [L.N. 259/1974.]

Section 48. Certain things to be carried out under direction of veterinary officer Section Any inoculation, vaccination or other technical operation for conferring immunity to a notifiable disease if carried out for the purpose of obtaining a Government brand shall be carried out under the immediate direction of a veterinary officer or in such other manner as the Director may direct.

Section 49. No matter to be removed from animals infected with rinderpest or anthrax Section No blood, meat or other matter shall be removed from any animal or from the carcass of any animal which is, or is suspected of being, infected with rinderpest or anthrax, except by or with the approval of a veterinary officer and any person who contravenes this rule shall be guilty of an offence. [L.N. 259/1974.]