Veterinary Surgeons and Veterinary Para-Professionals Act

Section 1. Short title Section This Act may be cited as the Veterinary Surgeons and Veterinary Para-Professionals Act.

Section 2. Interpretation Section 2(1)(a) the diagnosis, treatment, mitigation or prevention of disease or abnormal physical or mental state or the symptoms thereof in an animal; Section 2(1)(b) restoring, correcting or modifying any physical, mental or organic function in an animal; or Section 2(1)(c) controlling internal or external pests and parasites, and includes insecticides, vaccines, hormones, antiseptics, disinfectants, surgical, nutrients and biological products; Section 2(2) deleted by ActNo. 3 of 2024, Sch. [Act No. 18 of 2014 , Sch., Act No. 3 of 2024 , Sch.]

Section 3. Establishment and incorporation of the Board Section 3(1) There is hereby established a board to be known as the Kenya Veterinary Board. Section 3(2)(a) suing and being sued; Section 3(2)(b) taking, purchasing, or otherwise acquiring, holding, charging or disposing of movable and immovable property; Section 3(2)(c) borrowing and lending money; and Section 3(2)(d) doing all such other things as may lawfully be done by a body corporate. Section 3(3) The headquarters of the Board shall be in Nairobi.

Section 4. Membership of the Board Section 4(1)(a) the Principal Secretary in the Ministry responsible for matters relating to livestock; Section 4(1)(b) the Principal Secretary in the Ministry responsible for finance; Section 4(1)(c) the Director of Veterinary Services, who shall be a registered veterinary surgeon under this Act; Section 4(1)(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; Section 4(1)(e) one veterinary surgeon who is a principal of a veterinary para-professional training institute appointed by the Cabinet Secretary; Section 4(1)(f) four registered veterinary surgeons elected by registered veterinary surgeons and appointed by the Cabinet Secretary; Section 4(1)(g) three veterinary para-professionals appointed by the Cabinet Secretary after being elected by registered veterinary para-professionals; Section 4(1)(h) the chairperson of the Kenya Veterinary Association; Section 4(1)(i) one person appointed by the Cabinet Secretary to represent veterinary research institutions; Section 4(1)(j) one veterinary surgeo...

Section 5. Tenure of office Section 5(1) 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. Section 5(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.

Section 6. Objects and functions of the Board Section 6(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. Section 6(2)(a) advise the Government on matters relating to veterinary training, research, practice and employment, the use of veterinary medicines, poisons pesticides, and other issues relating to animal welfare; Section 6(2)(b) prescribe, in consultation with such approved training institutions as the Board may deem appropriate, courses of training for veterinary surgeons and veterinary para-professionals; Section 6(2)(c) approve institutions for the training of veterinary surgeons and various categories of veterinary para-professionals; Section 6(2)(d) consider and approve the qualifications of the various categories of veterinary para-professionals for the purposes of registration under this Act; Section 6(2)(e) register, license, control and regulate veterinary practice and veterinary laboratories, clinics, animal hospitals, and such other...

Section 7. Supervisory functions of the Board Section 7(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. Section 7(2)(a) 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; Section 7(2)(b) 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; Section 7(2)(c) require the dean or head of the faculty of veterinary medicine at any university or...

Section 8. Vacation of office Section ceases to be qualified for membership;

Section 9. Meetings and procedures of the Board Section The First Schedule shall apply in respect of the meetings and procedure of the Board.

Section 10. Delegation by the Board Section 10(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. Section 10(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.

Section 11. Remuneration of Board members Section There shall be paid to the members of the Board such remuneration or allowances for expenses as the Cabinet Secretary may in consultation with the Cabinet Secretary responsible for finance approve.

Section 12. Staff of the Board Section 12(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. Section 12(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.

Section 13. Requirement for registration Section 13(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. Section 13(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.

Section 14. Definition of “practice” Section prevention of an infectious or organic disease or pathological condition;

Section 15. Qualification for registration of veterinary surgeons Section 15(1)(a) is a citizen of Kenya; Section 15(1)(b) 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 Section 15(1)(c) is a member of a registered professional association representing the interests of veterinary surgeons. Section 15(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 applicant’s knowledge and skill qualify such person for registration. Section 15(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. Section 15(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)....

Section 16. Temporary Registration of foreign veterinary surgeons Section 16(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. Section 16(2)(a) the fee prescribed by the Board, and certified copies of the applicant’s certificates in veterinary medicine, duly authenticated by the registration authority of the country where they were obtained; Section 16(2)(b) proof of membership of a professional association in the country of the applicant; and Section 16(2)(c) a letter attesting to good professional conduct from the registration authori...

Section 17. Qualification and Registration of Veterinary Para-Professionals Section 17(1)(a) is a citizen of Kenya, and Section 17(1)(b) 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 Section 17(1)(b)(i) 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 Section 17(1)(b)(ii) 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 Section 17(1)(c) is a member of a registered association represe...

Section 18. Cancellation of Registration Section 18(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. Section 18(2) Any person aggrieved by the decision of the Board under subsection (1) may appeal to the High Court whose decision shall be final.

Section 19. Registers Section 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 ;

Section 20. Confirmation of entries in registers Section 20(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. Section 20(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. Section 20(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.

Section 21. Retention fees Section 21(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. Section 21(2) The retention fee shall be paid notwithstanding any suspension for the time being imposed by the Board on any registered person. Section 21(3) The retention fee shall be paid before the 31st December of every year. Section 21(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. Section 21(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. Section 21(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. Section 21(7) The reinstat...

Section 22. Correction of registers Section 22(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. Section 22(2)(a) 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; Section 22(2)(b) to remove therefrom the name of any registered person who is convicted of an offence under section 35 ; Section 22(2)(c) 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 ; Section 22(2)(d) to remove therefrom the name of a person registered under section 16 (5) after the expiry of the registration period; Section 22(2)(e) to correct clerical or editorial errors. Section 22(3) It shall be the duty o...

Section 23. Registered persons entitled to practise Section 23(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. Section 23(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. Section 23(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 on a referral basis. Section 23(4) Every practising veterinary surgeon or veterinary para-professional shall provide a written report, in the prescribed format, to the area Govern...

Section 24. Persons Exempted Section the Veterinary Department of the Government;

Section 25. Use of titles Section 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

Section 26. Annual licence Section 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.

Section 27. Professional charges not recoverable by unregistered person Section 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.

Section 28. Certification Section 28(1) No document which is required to be certified by a duly qualified veterinary surgeon shall be valid unless signed by a person registered under this Act as a veterinary surgeon. Section 28(2) Any person who signs a document in contravention of the provisions of subsection (1) and any person who knowingly alters such certificate or document commits an offence and shall be liable, on conviction to a fine not exceeding ten thousand shillings or to imprisonment not exceeding six months or to both.

Section 29. Approval of institution Section 29(1)(a) admit persons for training with a view to having such persons acquire a qualification which would render them registrable under this Act; or Section 29(1)(b) conduct a course of training or administer the examinations prescribed for the purposes of registration under this Act; or Section 29(1)(c) 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, Section 29(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. Section 29(3) The Cabinet Secretary may make regulations prescribing the procedure for approving training institutions for the purposes of this section.

Section 30. Funds of the Board Section 30(1)(a) such monies as may be appropriated by Parliament for purposes of the Board; Section 30(1)(b) 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; Section 30(1)(c) all monies from any other source provided for or donated or lent to the Board; and Section 30(1)(d) 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. Section 30(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.

Section 31. Financial year Section The financial year of the Board shall be the period of twelve months ending on the thirtieth June in every year.

Section 32. Annual estimates Section 32(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. Section 32(2)(a) the payment of salaries, allowances and other charges in respect of the staff of the Board; Section 32(2)(b) payments of allowances and any other emoluments to the members of the Board; Section 32(2)(c) the payment of pensions, gratuities and other charges in respect of retirement benefits; Section 32(2)(d) the proper maintenance of buildings, other property and grounds of the Board; Section 32(2)(e) the acquisition, maintenance, repair and replacement of the equipment and other movable or immovable property of the Board; and Section 32(2)(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. Section 32(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...

Section 33. Accounts and Audit Section 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. Section 33(2)(a) a statement of income and expenditure during the year; and Section 33(2)(b) a statement of the assets and liabilities of the Board as on the last day of that year. Section 33(3) 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 (Cap 412B).

Section 34. Inquiries by the Board Section 34(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. Section 34(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. Section 34(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. Section 34(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. Section 34(5)(a) be present at the inquiry; Section 34(5)(b) answer the charge; Section 34(5)(c) cross-examine any person who has given evidence at the inquiry; S...

Section 35. Action after inquiry Section 35(1)(a) reprimand the person; Section 35(1)(b) suspend his registration for a specified period not exceeding twelve months; Section 35(1)(c) withdraw or cancel his annual licence for a specified period not exceeding six months; or Section 35(1)(d) impose a penalty not exceeding one hundred thousand shillings; or Section 35(1)(e) cancel his registration and remove his name from the register. Section 35(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. Section 35(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 Board’s decision. Section 35(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 . Section 35(5) The Registrar shall forthwith publish in the Gazette an...

Section 36. Effect of removal, cancellation or suspension Section 36(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. Section 36(2) Where an order has been made for the removal of a person’s 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. Section 36(3) The provisions of subsection (1) shall not apply where a person’s 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 person’s name may, subject to this Act and upon an application made by him to t...

Section 37. Appeal against disciplinary action Section the removal of his name from the register;

Section 38. Offences Section employs a veterinary surgeon or veterinary para-professional who is not registered under this Act;

Section 39. Institutions and the animal resources secretary Section 39(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. Section 39(2)(a) a veterinary medicines directorate to regulate the manufacture, importation, exportation, registration, distribution, prescription and dispensing of veterinary medicines and poisons; Section 39(2)(b) an animal health inspectorate service for quality assurance of animal production inputs and animal products; Section 39(2)(c) 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; Section 39(2)(d) the Kenya Livestock Research Institute; and Section 39(2)(e) the Kenya Livestock Marketing and Development Authority. Section 39(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 foste...

Section 40. Restriction on institution of proceedings Section 40(1) A prosecution for an offence under this Act shall not be instituted without the sanction of the Director of Public Prosecutions. Section 40(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.

Section 41. Common seal of the Board Section 41(1) The common seal of the Board shall be kept by the Registrar or any other person designated by the Board. Section 41(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. Section 41(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.

Section 42. Certificate property of the Board Section Any certificate of registration issued under this Act shall remain the property of the Board.

Section 43. Protection from personal liability Section 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.

Section 44. Liability of the Board for damages Section 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.

Section 45. Regulations Section 45(1) The Cabinet Secretary may make regulations generally for the better carrying out of the provisions of this Act. Section 45(2)(a) the approval and licensing of veterinary clinics, hospitals, laboratories, premises or other facilities used in private practice; Section 45(2)(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; Section 45(2)(c) procedures for the temporary registration and licensing of foreign veterinary surgeons and veterinary para-professionals; Section 45(2)(d) procedures to be followed by the Board in any disciplinary inquiry under section 34 ; Section 45(2)(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 ; Section 45(2)(f) any form to be used in connection with any matter or any fee to be charged under this Act; Section 45(2)(g) conditions under which training institutions shall be approved and examinations therein conducted for purposes of this Act; Section 45(2)(h) the conduct of...

Section 44A. Non-application to universities Section The supervisory or approval functions of the Board as provided in this Act shall not apply to a university established or accredited in Kenya under the Universities Act (Cap. 210) and which has been granted a Charter. [Act No. 18 of 2014 , Sch.]