2021-06-16T09:52:25Z
Public Health Act ch 242, Kenya 2012.pdf
Microsoft Word - Paged_Public Health Act _Cap. 242_.doc
LAWS OF KENYA
PUBLIC HEALTH ACT
CHAPTER 242
Revised Edition 2012 [1986]
Published by the National Council for Law Reporting
with the Authority of the Attorney-General
www.kenyalaw.org
[Rev. 2012] CAP. 242
Public Health
3 [Issue 1]
CHAPTER 242
PUBLIC HEALTH ACT
ARRANGEMENT OF SECTIONS
PART I – PRELIMINARY
Section
1. Short title.
2. Interpretation.
PART II – ADMINISTRATION
3. Central Board of Health.
4. Appointments to be gazetted.
5. Filling vacancies.
6. Substitute members.
7. Rules as to meetings of board, etc.
7A. Committees.
7B. Establishment of district health management boards.
8. Functions of board.
9. Appointment and duties of officers.
10. Functions of Medical Department.
11. Power to direct inquiries.
12. Powers of persons directed to make inquiries.
13. General duties of health authorities.
14. Proceedings on complaint to board of municipal councils.
15. Minister to be consulted over municipal council by-laws.
16. Provisions of Act in relation to other Acts.
PART III – NOTIFICATION OF INFECTIOUS DISEASES
17. Application of Part.
18. Notification of infectious diseases.
19. Fees for certificates.
20. Manner of sending notices and certificates.
PART IV – PREVENTION AND SUPPRESSION OF INFECTIOUS DISEASES
A—General Provisions
21. Inspection of infected premises and examination of persons suspected to be
suffering from infectious disease.
22. Health authority to cause premises to be cleansed and disinfected.
23. Destruction of infected bedding, etc.
24. Provision of means of disinfection.
25. Provision of conveyance for infected persons.
26. Removal to hospital of infected persons.
27. Isolation of persons who have been exposed to infection.
28. Penalty for exposure of infected persons and things.
CAP. 242 [Rev. 2012]
Public Health
[Issue 1] 4
Section
29. Penalty for failing to provide for disinfection of public conveyance.
30. Penalty for letting infected house.
31. Duty of person letting house lately infected to give true information.
B—Hospitals
32. Power of municipal council to provide hospital.
33. Recovery of cost of maintaining patient in hospital.
34. Power to provide temporary supply of medicine.
C—Special Provisions Regarding Formidable Epidemic, Endemic or
Infectious Diseases
35. Formidable epidemic, endemic or infectious diseases.
36. Rules for prevention of disease.
37. Health authority to see to execution of rules.
38. Power of entry.
39. Repealed.
40. Notification of sickness or mortality in animals suspected of plague.
41. Medical officers of health to report notification of formidable epidemic diseases by
telegraph.
42. Director of Medical Services may requisition buildings, equipment, etc.
PART V – VENEREAL DISEASES
43. Venereal diseases.
44. Persons suffering from venereal disease to have themselves treated until cured.
45. Duties of medical practitioners.
46. Duties of parents or guardians of infected children.
47. Infection by employees.
48. Duties of medical officers of health and district surgeons to report, and powers of
magistrates.
49. Conveyance of infection an offence.
50. Detention in hospital of infected person.
51. Medical examination of inhabitants of localities where venereal disease believed
prevalent.
52. Examination of females.
53. Rights of persons detained in hospital.
54. Secrecy of proceedings.
55. Publication of advertisements of cures.
PART VI – PORTS AND INLAND BORDERS OF KENYA
56. Interpretation of Part.
57. Application of Act as regards vessels.
58. No communication between vessels and shore before granting of pratique.
59. Notification of infectious disease or death on board of vessel.
60. Powers of port health officer.
61. Notification to medical officers of health at ports.
62. Granting of restricted or conditional pratique to and quarantining of vessels.
63. Declaration of infected places, ports of entry, etc.
64. Master of vessel from proclaimed place to take precautionary measures.
[Rev. 2012] CAP. 242
Public Health
5 [Issue 1]
Section
65. Removal of quarantined vessels.
66. Master of vessel may decline to submit to quarantine or removal.
67. Removal of patient from vessel and treatment on shore.
68. Surveillance or isolation of persons who have been exposed to infection.
69. Burial of the bodies of persons dying on board of vessel.
70. Clearance papers may be withheld from vessels pending inquiry into offence.
71. Powers to enforce precautions at frontiers.
72. Agreements with either governments regarding reciprocal notification of outbreaks.
73. Rules concerning port health matters.
74. Orders, rules and penalties under Part.
75. Protection of Government.
PART VII – LEPROSY
76. Interpretation of Part.
77. Establishment of leper asylums.
78. Duty to notify suspected case of leprosy within specified area.
79. Magistrate to isolate suspect on notification.
80. Magistrate to arrange for medical examination.
81. Discharge of suspect if not affected.
82. Interim reception order in doubtful case.
83. Interim reception order and reports to be sent to Minister.
84. Voluntary submission to treatment of persons affected with leprosy.
85. Where Minister satisfied that person detained under interim reception order is
affected with leprosy.
86. Where Minister not satisfied that person detained under interim reception order is
affected with leprosy.
87. Minister may order discharge from asylum at any time.
88. Appointment of superintendent of asylum.
89. Duties of superintendents.
90. Intercourse of persons detained in asylums.
91. Suspects and detained lepers deemed to be in lawful custody.
92. Visiting of persons detained.
93. Cost of erection and maintenance of asylum to be defrayed out of public funds.
94. Superintendent may recover certain sums from inmates and allow private building.
95. Court may appoint manager of detained persons.
96. Cleansing and disinfecting of residence of persons isolated.
97. Photographing of persons confined in asylums.
98. Penalties for contravention of Part.
99. Rules under Part.
100. Examination and report of one medical practitioner to suffice temporarily where two
not available.
101. Police officer to execute orders under Act.
102. Private asylums.
CAP. 242 [Rev. 2012]
Public Health
[Issue 1] 6
PART VIII – PREVENTION OF THE SPREAD OF SMALLPOX
Section
103. Interpretation of Part.
104. Vaccination of children.
105. Vaccination of persons entering Kenya.
106. Emergency vaccination of population in area threatened with smallpox.
107. Person unfit for vaccination.
108. Person insusceptible of successful vaccination.
109. Certificate to be given for successful vaccination.
110. No fee to be charged by public vaccinator, and certificate to contain description of
person vaccinated.
111. Vaccination of inmates of institutions.
112. School children to be vaccinated.
113. Prohibited methods of inoculation.
114. Rules.
PART IX – SANITATION AND HOUSING
115. Nuisances prohibited.
116. Local authorities to maintain cleanliness and prevent nuisances.
117. Health authorities to prevent or remedy danger to health from unsuitable dwellings.
118. What constitutes nuisance.
119. Notice to remove nuisance.
120. Procedure if owner fails to comply with notice.
121. Penalty respecting nuisances.
122. Court may order health authority to execute works in certain cases.
123. Examination of premises.
124. Demolition of unfit dwellings.
125. Duty of department as to overcrowding, etc.
126. Rules under Part.
126A. By-laws as to buildings and sanitation.
126B. Power to relax requirements of building by-laws.
126C. Passing or rejection of plans and retention of plans, etc.
126D. Power to require removal or alteration of work in certain cases.
PART X – PROTECTION OF FOODSTUFFS
127. Construction and regulation of buildings used for storage of foodstuffs.
128. Prohibition of residing or sleeping in kitchens or food stores.
PART XI – PUBLIC WATER SUPPLIES, MEAT, MILK AND OTHER
ARTICLES OF FOOD
129. Duty of local authority as to protection of water supplies.
130. Rules for protection of water supplies.
131. Sale of unwholesome food prohibited.
132. Seizure of unwholesome foods.
133. Penalty respecting unwholesome food.
[Rev. 2012] CAP. 242
Public Health
7 [Issue 1]
Section
134. Rules for protection of food.
135. Orders for protection of food.
135A. Powers of certain municipal councils respecting milk, etc.
PART XII – PREVENTION AND DESTRUCTION OF MOSQUITOES
136. Breeding places of mosquitoes to be nuisances.
137. Yards to be kept free from bottles, whole or broken, etc.
138. Premises not to be overgrown.
139. Wells, etc., to be covered.
140. Cesspits to be screened.
141. Gutters may be required to be perforated.
142. Larvae, etc., may be destroyed.
143. Mere presence of mosquito larvae an offence.
PART XIII – CEMETERIES
144. Dead to be buried in appointed cemeteries.
145. Authorized cemeteries.
146. Permit to exhume.
147. Exhumation needed for execution of public works may be ordered.
148. Record of permits and orders for exhumation.
149. Closing of cemeteries.
150. Reimbursement of expenses to the board.
PART XIV – GENERAL
151. Basements not to be occupied without permission.
152. Regulation of lodging-houses.
153. Regulation of nursing homes, etc.
154. Markets.
155. Board may apply for additional public latrines on unleased public land.
156. Regulation of public washermen.
157. Control of irrigated land, and rules for the regulation of standing or running water.
158. Supervision of importation or manufacture of vaccines, etc.
PART XV – MISCELLANEOUS PROVISIONS
159. Notices, etc., may be printed or written.
160. Service of notices, etc.
161. Power and duties of officers of department.
162. Defect in form not to invalidate notices, etc.
163. Powers of entry and inspection of premises and penalties for obstruction.
164. Penalty where not expressly provided.
165. Liability of secretary or manager of company.
166. Proceedings against several persons.
167. Prosecutions.
CAP. 242 [Rev. 2012]
Public Health
[Issue 1] 8
Section
168. Power of municipal council outside its area.
168A. Power of municipal councils respecting mosquitoes, flies, etc.
169. General power to make rules.
SCHEDULE
[Rev. 2012] CAP. 242
Public Health
9 [Issue 1]
CHAPTER 242
PUBLIC HEALTH ACT
[Date of Commencement: 6th September, 1921.]
An Act of Parliament to make provision for securing and maintaining health
[Cap. 130 of (1948), Act No. 39 of 1956, L.N. 187/1956, L.N. 188/1956, L.N. 172/1960,
L.N. 173/1960, Act No. 28 of 1961, Act No. 36 of 1962, Act No. 44 of 1962, L.N. 142/1963,
L.N. 256/1963, L.N. 2/1964, L.N. 365/1964, Act No. 21 of 1966, L.N. 41/1970, Act No. 14 of 1971,
Act No. 16 of 1977, Act No. 15 of 1990, Act No. 2 of 2002, Act No. 17 of 2006, Act No. 12 of 2012.]
PART I – PRELIMINARY
1. Short title
This Act may be cited as the Public Health Act.
2. Interpretation
In this Act, unless the context otherwise requires—
“adult” means a person of eighteen years of age or over;
“approved” and “prescribed” means respectively approved or
prescribed by the Minister or the board or by the appointed officers or by the
regulations framed under this Act as the case may be;
“basement” means any cellar, vault or underground room;
“board” means the Central Board of Health constituted under section 3;
“building” includes any structure whatsoever for whatever purpose used;
“burial” means burial in earth, interment or any other form of sepulture, or
the cremation or any other mode of disposal of a dead body, and “buried”
has a corresponding meaning;
“child” means a person under eighteen years of age;
“commercial area” means any area in any municipality, township or
district which the Minister may, by order, define;
“dairy” means any farmhouse, cow-shed, milk-shop, milk-store or other
place from which milk is supplied on, or for, sale, or in which milk is kept or
used for purposes of sale or in which only surplus milk is manufactured into
butter or cheese, or in which vessels used for the sale of milk are kept, but
does not include premises from which milk is not supplied otherwise than in
receptacles which are properly closed and sealed on delivery to the premises
and which remain properly closed and sealed during the whole time from their
delivery to the premises until their removal by the purchaser;
“dairyman” includes any cow-keeper, purveyor of milk or occupier of a
dairy, and, in cases where a dairy is owned by a corporation or company, the
secretary or other person actually managing the dairy;
“drain” means any drain used for the drainage of one building only, or of
premises within the same curtilage and made merely for the purpose of
CAP. 242 [Rev. 2012]
Public Health
[Issue 1] 10
communicating therefrom with a cesspool or other like receptacle for
drainage, or with a sewer into which the drainage of two or more buildings or
premises occupied by different persons is conveyed;
“drainage authority” means the Ministry of Works or any other authority
that the Minister may appoint for any particular area;
“dwelling” means any house, room, shed, hut, cave, tent, vehicle, vessel
or boat or any other structure or place whatsoever, any portion whereof is
used by any human being for sleeping or in which any human being dwells;
“factory” means any building or part of a building in which machinery is
worked by steam, water, electricity or other mechanical power, for the
purposes of trade;
“food” means any article used for food or drink other than drugs or water,
and any article intended to enter into or be used in the preparation of such
food, and flavouring matters and condiments;
“guardian” means any person having by reason of the death, illness,
absence or inability of the parent or any other cause the custody of a child;
“health authority”, in relation to the area of a municipality, means the
municipal council of the municipality concerned, and, in relation to any other
area, means the Minister;
“infected” means suffering from, or in the incubation stage of, or
contaminated with the infection of, any infectious or communicable disease;
“infectious disease” means any disease (not including any venereal
disease except gonorrhoeal ophthalmia) which can be communicated directly
or indirectly by any person suffering therefrom to any other person;
“isolation” means the segregation and the separation from and
interdiction of communication with others, of persons who are or are
suspected of being infected; “isolated” has a corresponding meaning;
“keeper of a lodging-house” means any person licensed to keep a
lodging-house;
“land” includes any right over or in respect of immovable property;
“latrine” includes privy, urinal, earth-closet and water-closet;
“lodging-house” means a building or part of a house including the
veranda thereof, if any, which is let or sublet in lodgings or otherwise, either
by storeys, by flats, by rooms or by portions of rooms;
“magistrate” means any magistrate empowered to hold a subordinate
court of the first, second or third class;
“meat inspector” means any person employed by a health authority to
inspect any meat;
“medical officer of health” means—
(a) the Director of Medical Services; and
(b) in relation to the area of any municipality, the duly appointed
medical officer of health of the municipality including a public officer
seconded by the Government to hold such office; and
[Rev. 2012] CAP. 242
Public Health
11 [Issue 1]
(c) in relation to any other area a medical officer of health appointed by
the Minister for that area;
“medical observation” means the segregation and detention of persons
under medical supervision;
“medical surveillance” means the keeping of a person under medical
supervision; persons under such surveillance may be required by the medical
officer of health or any duly authorized officer to remain within a specified area
or to attend for medical examination at specified places and times;
“the Minister” means the Minister for the time being responsible for
matters relating to Health;
“occupier” includes any person in actual occupation of land or premises
without regard to the title under which he occupies and in case of premises
subdivided and let to lodgers or various tenants the person receiving the rent
payable by the lodgers or tenants whether on his own account or as an agent
for any person entitled thereto or interested therein;
“offensive trade” includes the trades of blood-boiler, bone-boiler, fell-
monger, soap-boiler, tallow-melter and tripe-boiler, and any other noxious or
offensive trade, business or manufacture whatsoever;
“this Act” includes any rules or order made thereunder;
“owner”, as regards immovable property, includes any person, other than
the Government, receiving the rent or profits of any lands or premises from
any tenant or occupier thereof or who would receive such rent or profits if
such land or premises were let whether on his own account or as agent for
any person, other than the Government, entitled thereto or interested therein;
the term includes any lessee or licensee from the Government and any
superintendent, overseer or manager of such lessee or licensee residing on
the holding;
“parent” means the father and the mother of a child, whether legitimate or not;
“premises” includes any building or tent together with the land on which
the same is situated and the adjoining land used in connexion therewith, and
includes any vehicle, conveyance or vessel;
“public building” means a building used or constructed or adapted to be
used either ordinarily or occasionally as a place of public worship or as a
hospital, college, school, theatre, public hall or as a public place of assembly
for persons admitted by ticket or otherwise, or used or adapted to be used for
any other public purpose;
“public latrine” means any latrine to which the public are admitted on
payment or otherwise;
“rules” includes regulations and by-laws made or deemed to be made
under this Act;
“slaughterhouse” means any premises set aside for the purpose of the
slaughter of animals for human consumption;
“stock” means all domesticated animals of which the flesh or milk is used
for human consumption;
CAP. 242 [Rev. 2012]
Public Health
[Issue 1] 12
“street” means any highway, road or sanitary lane, or strip of land
reserved for a highway, road or sanitary lane, and includes any bridge,
footway, square, court, alley or passage whether a thoroughfare or not, or a
part of one;
“trade premises” means any premises (other than a factory) used or
intended to be used for carrying on any trade or business;
“veranda” includes any stage, platform or portico projecting from the main
wall of any building;
“veterinary officer” means a veterinary surgeon in the employment of the
Government;
“workshop” means any building or part of a building in which manual
labour is exercised for purposes of trade.
[L.N. 187/1956, Sch., L.N. 172/1960, Sch., Act No. 28 of 1961, Sch., Act No. 36 of 1962, Sch.,
L.N. 256/1963, Fourth Sch., Act No. 21 of 1966, First Sch., L.N. 41/1970, Sch.]
PART II – ADMINISTRATION
3. Central Board of Health
(1) There shall be established a Central Board of Health (hereinafter referred
to as the board), having its seat at Nairobi, which shall consist of the Director of
Medical Services (who shall be chairman), a sanitary engineer, or such person
as may be appointed by the Minister to perform the duties of sanitary engineer, a
secretary, and such other person or persons not exceeding six (three of whom
shall be medical practitioners) as are appointed from time to time by the Minister.
(2) In the absence of the Director of Medical Services the board shall elect a
chairman from the members present.
[L.N. 187/1956, Sch., L.N. 172/1960, Sch.]
4. Appointments to be gazetted
The names of all members appointed to the board shall be forthwith notified in
the Gazette and any number of the Gazette containing a notice of any such
appointment shall be deemed sufficient evidence thereof for all purposes.
5. Filling vacancies
The Minister shall, as soon as possible, fill up vacancies occurring in the
board, but the board shall continue to exercise its powers as long as there shall
remain on the board at least five members of whom the Director of Medical
Services is one.
[L.N. 187/1956, Sch., L.N. 172/1960, Sch.]
6. Substitute members
If any member of the board is at any time prevented by absence or other
cause from acting, the Minister may appoint some other person to replace such
member until he returns or is able to resume his functions.
[L.N. 187/1956, Sch., L.N. 172/1960, Sch.]
[Rev. 2012] CAP. 242
Public Health
13 [Issue 1]
7. Rules as to meetings of board, etc.
The Minister may make rules as to the convening and holding meetings of the
board, the quorum thereof, the procedure thereat, allowances payable to
members thereof and the circumstances in which any member shall vacate his
membership.
[L.N. 188/1956, Sch., L.N. 173/1960, Sch.]
7A. Committees
The board may appoint committees, whether of its own members or
otherwise, to carry out general or specific functions as may be specified by the
board and may delegate to any such committee such of its powers as the board
may deem appropriate.
[Act No. 15 of 1990, s. 2.]
7B. Establishment of district health management boards
(1) There shall be established a district health management board in each
district which shall be charged with responsibility of overseeing the running of
Government health institutions in that district.
(2) The Minister may make rules as to the composition of the district health
management boards, the convening and holding of meetings of the boards, the
procedure thereat, allowances payable to members thereof and the
circumstances in which any member shall vacate his membership.
[Act No. 15 of 1990, s. 2.]
8. Functions of board
The functions of the board shall be to advise the Minister upon all matters
affecting the public health, and particularly upon all matters mentioned in
subsection (2) of section 10.
[Act No. 28 of 1961, Sch., L.N. 256/1963, 4th Sch.]
9. Appointment and duties of officers
(1) There shall from time to time be appointed a Director of Medical Services,
a Deputy Director of Medical Services, assistant directors of medical services,
medical officers of health, assistant medical officers of health, medical officers,
pathologists, health inspectors, port health officers and such other officers as
may be deemed necessary.
(2) Notwithstanding subsection (1), any municipal council may, with the
approval of the Minister, and shall if so directed by the Minister for the time being
responsible for Local Government with the approval of the Minister, appoint for its
area a medical officer of health and such deputy and assistant medical officers of
health and such health inspectors as it may deem necessary.
(3) The Minister, in consultation with the Minister for the time being
responsible for Local Government, may prescribe the qualifications to be held by,
the mode and terms of engagement of, and the duties to be performed by, all or
any of the officers and inspectors referred to in subsection (1).
(4) Every medical officer and every medical officer of health appointed under
this section shall be a medical practitioner.
CAP. 242 [Rev. 2012]
Public Health
[Issue 1] 14
(5) The officers appointed under this section shall carry out such duties in
relation to public health as the Director of Medical Services may respectively
assign to them.
(6) The Director of Medical Services or Deputy Director of Medical Services
or any assistant director of medical services, medical officer of health, assistant
medical officer of health, port health officer or health inspector acting on his
authority and behalf shall also make any necessary inquiries and inspections in
regard to or advise local authorities on any matter incidental to public health.
[Act No. 44 of 1962, Sch., L.N. 365/1964, Sch., L.N. 41/1970, Sch.]
10. Functions of Medical Department
(1) There shall be a department, to be known as the Medical Department,
which shall be under the control of the Director of Medical Services.
(2) The functions of the Medical Department shall be, subject to the
provisions of this Act, to prevent and guard against the introduction of infectious
disease into Kenya from outside; to promote the public health and the prevention,
limitation or suppression of infectious, communicable or preventable disease
within Kenya; to advise and direct local authorities in regard to matters affecting
the public health; to promote or carry out researches and investigations in
connexion with the prevention or treatment of human diseases; to prepare and
publish reports and statistical or other information relative to the public health;
and generally to carry out in accordance with directions the powers and duties in
relation to the public health conferred or imposed by this Act.
(3) It shall be the duty of the department to obtain and publish periodically
such information regarding infectious disease and other health matter in Kenya,
and such procurable information regarding epidemic disease in territories
adjacent to Kenya or in other countries, as the interests of the public health may
require.
11. Power to direct inquiries
The Minister may, on the advice of the board or of the Medical Department,
cause to be made such inquiries as he may see fit in relation to any matters
concerning the public health in any place.
[Act No. 28 of 1961, Sch.]
12. Powers of persons directed to make inquiries
When an inquiry is directed to be made by the Minister, the person directed to
make the same shall have free access to all books, plans, maps, documents and
other things relevant to the inquiry, and shall have in relation to witnesses and
their examination and the production of documents similar powers to those
conferred upon magistrates by the Criminal Procedure Code (Cap. 75), and may
enter and inspect any building, premises or place the entry or inspection whereof
appears to him requisite for the purpose of such inquiry.
[Act No. 28 of 1961, Sch.]
13. General duties of health authorities
It shall be the duty of every health authority to take all lawful, necessary and,
under its special circumstances, reasonably practicable measures for preventing
the occurrence or dealing with any outbreak or prevalence of any infectious,
[Rev. 2012] CAP. 242
Public Health
15 [Issue 1]
communicable or preventable disease, to safeguard and promote the public
health and to exercise the powers and perform the duties in respect of the public
health conferred or imposed on it by this Act or by any other law.
[L.N. 256/1963, Fourth Sch., L.N. 41/1970, Sch.]
14. Proceedings on complaint to board of municipal councils
(1) Whenever complaint is made to the board that the public health in any
locality is endangered by the failure or refusal on the part of any municipal
council to exercise its powers or perform the duties devolving upon it under this
Act or any other Act which it is its duty to enforce, the Minister on the
recommendation of the board, if satisfied after due inquiry that the municipal
council has been guilty of the alleged default, may make an order directing the
municipal council to perform its duty in the matter of such complaint, and
prescribing a time for such performance.
(2) If the duty is not performed within the time prescribed in the order, the
Minister may appoint some person to perform the duty, and shall by order direct
that the expense of performing the same, together with a reasonable
remuneration to the person appointed for superintending such performance, and
amounting to a sum specified in the order, shall be paid by the municipal council
in default, and any order made for the payment of such expenses and costs may
be recovered in a court of competent jurisdiction.
(3) Any person appointed under this section to perform the duty of a
defaulting municipal council shall, in the performance and for the purposes of that
duty, have all the powers of such municipal council, other than the powers of
levying rates vested in any municipal council pursuant to the provision of any Act
in that behalf; and the Minister may from time to time by order change any
person so appointed.
[L.N. 187/1956, Sch., L.N. 172/1960, Sch., Act No. 28 of 1961, Sch., L.N. 256/1963, Fourth Sch.,
L.N. 41/1970, Sch.]
15. Minister to be consulted over municipal council by-laws
The Minister for the time being responsible for Local Government shall, before
approving any by-law made by a municipal council affecting public health, obtain
the agreement of the Minister for the time being responsible for Health.
[L.N. 187/1956, Sch., L.N 172/1960, Sch., L.N. 256/1963, Fourth Sch., L.N. 41/1970, Sch.]
16. Provisions of Act in relation to other Acts
(1) Except as is specially provided in this Act, the provisions of this Act shall
be deemed to be in addition to and not in substitution for any provisions of any
other Act which are not in conflict or inconsistent with this Act.
(2) If the provisions of any earlier Act are in conflict or inconsistent with this
Act, the provisions of this Act shall prevail.
PART III – NOTIFICATION OF INFECTIOUS DISEASES
17. Application of Part
(1) The provisions of this Act, unless otherwise expressed, shall, so far as
they concern notifiable infectious diseases, apply to smallpox, plague, cholera,
scarlatina or scarlet fever, typhus fever, diphtheria or membranous croup,
measles, whooping-cough, erysipelas, puerperal fever (including septicaemia,
CAP. 242 [Rev. 2012]
Public Health
[Issue 1] 16
pyaemia, septic pelvic cellulitis or other serious septic condition occurring during
the puerperal state), enteric or typhoid fever (including para-typhoid fever),
epidemic cerebro-spinal meningitis or cerebro-spinal fever, acute poliomyelitis,
leprosy, anthrax, glanders, rabies, malta fever, sleeping sickness or human
trypanosomiasis, beri-beri, yaws and all forms of tuberculosis which are clinically
recognizable apart from reaction to the tuberculin test.
(2) The Minister may, by notice in the Gazette—
(a) declare that any infectious disease other than those specified in
subsection (1) shall be notifiable diseases under this Act;
(b) declare that only such provisions of this Act as are mentioned in
such notice shall apply to any notifiable infectious disease;
(c) restrict the provisions of this Act, as regards the notification of any
disease, to any area defined in such notice.
[L.N. 187/1956, Sch., L.N. 172/1960, Sch., L.N. 41/1970, Sch.]
18. Notification of infectious diseases
(1) Where an inmate of any building used for human habitation is suffering
from any notifiable infectious disease, unless such building is a hospital in which
persons suffering from any notifiable infectious disease are received, the
following provisions shall have effect—
(a) the head of the family to which such inmate (in this Act referred to
as the patient) belongs, and in his default the nearest relatives of the
patient present in the building or in their default the person in charge
of or in attendance on the patient, and in default of any such person
the occupier of the building, shall, as soon as he becomes aware
that the patient is suffering from any notifiable infectious disease to
which this Act applies, send notice thereof to the nearest medical
officer of health;
(b) every medical practitioner attending on or called in to visit the
patient shall forthwith on becoming aware that the patient is
suffering from any notifiable infectious disease to which this Act
applies send the nearest medical officer of health a certificate
stating the name of the patient, the situation of the building and the
notifiable infectious disease from which, in the opinion of such
medical practitioner, the patient is suffering; and shall also inform
the head of the household or the occupier of the premises or any
person in attendance on such patient of the infectious nature of the
disease and the precautions to be taken to prevent its conveyance
to others;
(c) in any case in which a medical practitioner has been called in, the
obligation to notify an infectious disease shall rest on such medical
practitioner only;
(d) every medical practitioner who becomes aware, by post-mortem
examination or otherwise, that any person has died of a notifiable
infectious disease shall immediately furnish a written certificate
thereof to the nearest medical officer of health, and shall also inform
the head of the household or the occupier of the premises or any
[Rev. 2012] CAP. 242
Public Health
17 [Issue 1]
person who has been in attendance on such diseased person of the
infectious nature of the disease and the precautions to be taken to
prevent its conveyance to others.
(2) Every person required by this section to give a notice or certificate and
who fails to give the same shall be guilty of an offence and liable to a fine not
exceeding eighty shillings:
Provided that if a person is not required to give notice in the first instance,
but only in default of some other person, he shall not be guilty of an offence if he
satisfies the court that he had reasonable cause to suppose that the notice had
been duly given.
19. Fees for certificates
The health authority shall pay to every medical practitioner, other than a
Government medical officer, for each certificate duly sent by him in accordance
with this Act a fee of four shillings if the case occurs in his private practice.
[L.N. 256/1963, Fourth Sch., L.N. 41/1970, Sch.]
20. Manner of sending notices and certificates
A notice or certificate to be sent to a medical officer of health in pursuance of
this Act may be sent by being delivered to the officer or being left at his office or
residence, or may be sent by post addressed to him at his office or his residence.
PART IV – PREVENTION AND SUPPRESSION OF INFECTIOUS
DISEASES
A—General Provisions
21. Inspection of infected premises and examination of persons
suspected to be suffering from infectious disease
A medical officer of health may at any time enter and inspect any premises in
which he has reason to believe that any person suffering or who has recently
suffered from any infectious disease is or has recently been present, or any
inmate of which has recently been exposed to the infection of any infectious
disease, and may medically examine any person in such premises for the
purpose of ascertaining whether such person is suffering or has recently suffered
from any such disease.
22. Health authority to cause premises to be cleansed and disinfected
(1) Where any medical officer of health is of opinion that the cleansing and
disinfecting of any building or part thereof, and of any articles therein likely to
retain infection, would tend to prevent or check infectious disease, it shall be his
duty to give notice in writing to the owner or occupier of such building or part
thereof, specifying the steps to be taken to cleanse and disinfect such building or
part thereof and articles within a time specified in such notice.
(2) If the person to whom notice is so given fails to comply therewith, he shall
be guilty of an offence and liable to a fine not exceeding two hundred shillings for
every day during which he continues to make default; and the health authority or
medical officer of health may cause such building or part thereof and articles to
be cleansed and disinfected, and may recover the expenses incurred from the
owner or occupier in default as a civil debt recoverable summarily.
CAP. 242 [Rev. 2012]
Public Health
[Issue 1] 18
(3) Where the owner or occupier of any such building or part thereof is from
poverty or otherwise unable, in the opinion of the health authority or the medical
officer of health, effectually to carry out the requirements of this section, such
authority may, without enforcing such requirements on such owner or occupier,
with or without his consent, enter, cleanse and disinfect such building or part
thereof and articles, and defray the expenses thereof.
[L.N. 256/1963, Fourth Sch., L.N. 41/1970, Sch.]
23. Destruction of infected bedding, etc.
Any health authority may direct the destruction of any building, bedding,
clothing or other articles which have been exposed to infection from any
infectious disease, or in the opinion of the medical officer of health are infected,
and may give compensation for the same.
[L.N. 256/1963, Fourth Sch., L.N. 41/1970, Sch.]
24. Provision of means of disinfection
Any health authority may provide a proper place, with all necessary apparatus
and attendance, for the disinfection of bedding, clothing or other articles which
have become infected, and may cause any articles brought for disinfection to be
disinfected free of charge, and any such direction shall be sufficient authority for
a medical officer of health or sanitary inspector or person authorized thereto to
destroy the same.
[L.N. 256/1963, Fourth Sch., L.N. 41/1970, Sch.]
25. Provision of conveyance for infected persons
Any health authority may provide and maintain a carriage or carriages suitable
for the conveyance of persons suffering from any infectious disease, and may
pay the expenses of conveying therein any person so suffering to a hospital or
other place of destination.
[L.N. 256/1963, Fourth Sch., L.N. 41/1970, Sch.]
26. Removal to hospital of infected persons
Where, in the opinion of the medical officer of health, any person certified by a
medical practitioner to be suffering from an infectious disease is not
accommodated or is not being treated or nursed in such manner as adequately
to guard against the spread of the disease, such person may, on the order of the
medical officer of health, be removed to a hospital or temporary place which in
the opinion of the medical officer of health is suitable for the reception of the
infectious sick and there detained until such medical officer of health or any
medical practitioner duly authorized thereto by the local authority is satisfied that
he is free from infection or can be discharged without danger to the public health.
[L.N. 256/1963, Fourth Sch., L.N. 41/1970, Sch.]
27. Isolation of persons who have been exposed to infection
Where, in the opinion of the medical officer of health, any person has recently
been exposed to the infection, and may be in the incubation stage, of any
notifiable infectious disease and is not accommodated in such manner as
adequately to guard against the spread of the disease, such person may, on a
certificate signed by the medical officer of health, be removed, by order of a
magistrate and at the cost of the local authority of the district where such person
[Rev. 2012] CAP. 242
Public Health
19 [Issue 1]
is found, to a place of isolation and there detained until, in the opinion of the
medical officer of health, he is free from infection or able to be discharged without
danger to the public health, or until the magistrate cancels the order.
28. Penalty for exposure of infected persons and things
Any person who—
(a) while suffering from any infectious disease, wilfully exposes himself
without proper precautions against spreading the said disease in
any street, public place, shop, inn or public conveyance, or enters
any public conveyance without previously notifying the owner,
conductor or driver thereof that he is so suffering; or
(b) being in charge of any person so suffering, so exposes such
sufferer; or
(c) gives, lends, sells, transmits or exposes, without previous
disinfection, any bedding, clothing, rags or other things which have
been exposed to infection from any such disease,
shall be guilty of an offence and liable to a fine not exceeding thirty thousand
shillings or to imprisonment for a term not exceeding three years or to both; and
a person who, while suffering from any such disease, enters any public
conveyance without previously notifying the owner or driver that he is so suffering
shall in addition be ordered by the court to pay such owner and driver the amount
of any loss and expenses they may incur in carrying into effect the provisions of
this Act with respect to disinfection of the conveyance:
Provided that no proceedings under this section shall be taken against
persons transmitting with proper precautions any bedding, clothing, rags or other
things for the purpose of having the same disinfected.
[Act No. 2 of 2002, Sch.]
29. Penalty for failing to provide for disinfection of public conveyance
Every owner or driver of a conveyance shall immediately provide for the
disinfection of such conveyance after it has to his knowledge conveyed any
person suffering from an infectious disease; and if he fails to do so he shall be
guilty of an offence and liable to a fine not exceeding forty thousand shillings; but
no such owner or driver shall be required to convey any persons so suffering until
he has been paid a sum sufficient to cover any loss or expenses incurred by him
in carrying into effect the provisions of this section.
[Act No. 2 of 2002, Sch.]
30. Penalty for letting infected house
(1) Any person who knowingly lets for hire any dwelling or premises or part
thereof in which any person has been suffering from an infectious disease
without having the same and all articles therein liable to retain infection efficiently
disinfected to the satisfaction of a medical officer of health as testified by a
certificate signed by him shall be guilty of an offence and liable to a fine not
exceeding eighty thousand shillings.
(2) This section shall apply to any owner or keeper of an hotel or boarding-
house who lets any room or part thereof to any person.
[Act No. 2 of 2002, Sch.]
CAP. 242 [Rev. 2012]
Public Health
[Issue 1] 20
31. Duty of person letting house lately infected to give true information
Any person letting for hire or showing for the purpose of letting for hire any
dwelling or premises or part thereof who, on being questioned by any person
negotiating for the hire of such house as to the fact of there being or within six
weeks previously having been therein any person suffering from any infectious
disease, knowingly makes a false answer to such question shall be guilty of an
offence and liable to a fine not exceeding one thousand shillings.
B—Hospitals
32. Power of municipal council to provide hospital
(1) Any municipal council with the sanction of the board may provide for the
use of the inhabitants of its area hospitals or temporary places for the reception
of the sick, and for that purpose may—
(a) themselves build such hospitals or places of reception; or
(b) contract for the use of any such hospital or part of a hospital or
place of reception; or
(c) enter into any agreement with any person having the management
of any hospital, for the reception of the sick inhabitants of their area,
on payment of such annual or other sum as may be agreed on.
(2) Deleted by L.N. 41/1970, Sch..
[L.N. 41/1970, Sch.]
33. Recovery of cost of maintaining patient in hospital
Any expenses incurred by a municipal council in maintaining in a hospital, or
in a temporary place for the reception of the sick (whether or not belonging to
such hospital), a patient who is not a pauper shall be deemed to be a debt due
from such patient to the municipal council, and may be recovered from him after
his discharge from such hospital or place of reception, or from his estate in the
event of his dying in such hospital or place.
[L.N. 41/1970, Sch.]
34. Power to provide temporary supply of medicine
Any municipal council may, with the sanction of the board, themselves provide
or contract with any person to provide a temporary supply of medicine and
medical assistance for the poorer inhabitants of their district, but may at their
discretion charge for the same.
[L.N. 41/1970, Sch.]
C—Special Provisions Regarding Formidable Epidemic, Endemic or
Infectious Diseases
35. Formidable epidemic, endemic or infectious diseases
The provisions of this Act, unless otherwise expressed, in so far as they
concern formidable epidemic, endemic or infectious disease, shall be deemed to
apply to smallpox, plague, Asiatic cholera, yellow fever, sleeping sickness or
human trypanosomiasis and any other disease which the Minister may, by order,
declare to be a formidable epidemic disease for the purpose of this Act.
[Act No. 28 of 1961, Sch.]
[Rev. 2012] CAP. 242
Public Health
21 [Issue 1]
36. Rules for prevention of disease
Whenever any part of Kenya appears to be threatened by any formidable
epidemic, endemic or infectious disease, the Minister may make rules for all or
any of the following purposes, namely—
(a) the speedy interment of the dead;
(b) house to house visitation;
(c) the provision of medical aid and accommodation, the promotion of
cleansing, ventilation and disinfection and guarding against the
spread of disease;
(d) preventing any person from leaving any infected area without
undergoing all or any of the following, namely, medical examination,
disinfection, inoculation, vaccination or revaccination and passing a
specified period in an observation camp or station;
(e) the formation of hospitals and observation camps or stations, and
placing therein persons who are suffering from or have been in
contact with persons suffering from infectious disease;
(f) the destruction or disinfection of buildings, furniture, goods or other
articles, which have been used by persons suffering from infectious
disease, or which are likely to spread the infection;
(g) the removal of persons who are suffering from an infectious disease
and persons who have been in contact with such persons;
(h) the removal of corpses;
(i) the destruction of rats, the means and precautions to be taken on
shore or on board vessels for preventing them passing from vessels
to the shore or from the shore to vessels, and the better prevention
of the danger of spreading infection by rats;
(j) the regulation of hospitals used for the reception of persons
suffering from an infectious disease and of observation camps and
stations;
(k) the removal and disinfection of articles which have been exposed to
infection;
(l) prohibiting any person living in any building or using any building for
any other purposes whatsoever, if in the opinion of the medical
officer of health any such use is liable to cause the spread of any
infectious disease; and any rule made under this paragraph may
give the health officer or a medical officer of health power to
prescribe the conditions on which such a building may be used;
(m) any other purpose, whether of the same kind or nature as the
foregoing or not, having for its object the prevention, control or
suppression of infectious diseases,
and may by order declare all or any of the rules so made to be in force within any
area specified in the order, and such area shall be deemed an infected area, and
to apply to any vessels, whether on inland waters or on arms or parts of the sea
within the territorial jurisdiction of Kenya.
[Act No. 28 of 1961, Sch., L.N. 41/1970, Sch.]
CAP. 242 [Rev. 2012]
Public Health
[Issue 1] 22
37. Health authority to see to execution of rules
The health authority of any area within which or part of which any rules made
under section 36 of this Act are in force shall do and provide all such acts,
matters and things as may be necessary for mitigating any such disease, or
aiding in the execution of such rules, or for executing the same, as the case may
require; and the health authority or the medical officer of health may from time to
time direct any prosecution or legal proceedings for or in respect of the wilful
violation or neglect of any such rules.
[Act No. 28 of 1961, Sch., L.N. 256/1963, Fourth Sch., L.N. 41/1970, Sch.]
38. Power of entry
The Director of Medical Services and his officers shall have power of entry on
any premises or vessels for the purpose of executing or superintending the
execution of any rules made under section 36 of this Act.
[Act No. 28 of 1961, Sch.]
39. Deleted by L.N. 41/1970, Sch.
[L.N. 187/1956, Sch., L.N. 172/1960, Sch.]
40. Notification of sickness or mortality in animals suspected of plague
(1) Every person who becomes aware of any unusual sickness or mortality
among rats, mice, cats, dogs or other animals susceptible to plague or other
formidable epidemic diseases not due to poison or other obvious cause shall
immediately report the fact to the medical officer of health.
(2) Any person who fails so to report shall be guilty of an offence.
[L.N. 41/1970, Sch.]
41. Medical officers of health to report notification of formidable epidemic
diseases by telegraph
Every medical officer of health shall immediately report to the Director of
Medical Services by telegraph or other expeditious means particulars of every
notification received by such medical officer of health of a case or suspected
case of any formidable epidemic disease, or of any unusual sickness or mortality
in animals made under section 40 of this Act.
[L.N. 41/1970, Sch.]
42. Director of Medical Services may requisition buildings, equipment, etc.
(1) Where an outbreak of any formidable epidemic disease exists or is
threatened, it shall be lawful for the Director of Medical Services to require any
person owning or having charge of any land or any buildings or dwellings, not
occupied, or any person owning or having charge of tents, transport, bedding,
hospital equipment, drugs, food or other appliances, materials or articles urgently
required in connection with the outbreak, to hand over the use of any such land
or building or to supply or make available any such article, subject to the
payment of a reasonable amount as hire or purchase price.
(2) Any person who, without reasonable cause, fails or refuses to comply with
any such requirement shall be guilty of an offence.
[Rev. 2012] CAP. 242
Public Health
23 [Issue 1]
PART V – VENEREAL DISEASES
43. Venereal diseases
The provisions of this Act, unless otherwise expressed, in so far as they
concern venereal diseases, shall be deemed to apply to syphilis, gonorrhoea,
gonorrhoeal ophthalmia, soft chancre, venereal warts and venereal granuloma.
44. Persons suffering from venereal disease to have themselves treated
until cured
(1) Every person who knows or has reason to believe that he is suffering from
any venereal disease shall forthwith consult a medical practitioner with respect
thereto, and shall place himself under treatment by that medical practitioner or by
some other medical practitioner, or shall attend for treatment at any hospital or
other place available for the treatment of venereal diseases.
(2) Every person undergoing treatment for any venereal disease as aforesaid
shall, until cured or free from such disease in a communicable form, continue to
submit himself to treatment at such intervals as may be prescribed by any such
medical practitioner.
(3) Any person who fails to comply with any provision of this section shall be
guilty of an offence.
45. Duties of medical practitioners
Every medical practitioner who attends or advises any patient in respect of
any venereal disease from which the patient is suffering shall—
(a) direct the attention of the patient to the infectious nature of the
disease and to the penalties prescribed by this Act for infecting any
other person with such disease;
(b) warn the patient against contracting marriage unless and until he
has been cured of such disease or is free from such disease in a
communicable form; and
(c) give to the patient such printed information relating to the treatment
of venereal disease and to the duties of persons suffering therefrom,
as may be supplied to the medical practitioner by the Medical
Department.
46. Duties of parents or guardians of infected children
(1) Every parent or guardian of a child who knows or has reason to believe
that such child is suffering from any venereal disease shall cause such child to
be treated for such disease by a medical practitioner until such child is cured or
free from such disease in a communicable form.
(2) Every parent or guardian of any such child who fails or neglects to have
that child treated as aforesaid shall be guilty of an offence and liable to a fine not
exceeding one thousand shillings or to imprisonment for a term not exceeding
three months or to both.
CAP. 242 [Rev. 2012]
Public Health
[Issue 1] 24
47. Infection by employees
(1) Every person who, while suffering from any venereal disease in a
communicable form, accepts or continues in employment in or about any factory,
shop, hotel, restaurant, house or other place in any capacity entailing the care of
children or the handling of food or food utensils intended for consumption or use
by any other person shall be guilty of an offence, unless he proves that he did not
know or suspect, and had no reasonable means of knowing or suspecting, that
he was so suffering.
(2) Every person shall be guilty of an offence who employs or continues to
employ any person suffering from any venereal disease in a communicable form
if, by reason of such employment, such person is required or is permitted to have
the care of children orto handle any food or food utensils intended for
consumption or use by any person other than the person employed, unless the
defendant proves that he did not know or suspect, and had no reasonable means
of knowing or suspecting, that the person so employed by him was suffering from
such disease.
48. Duties of medical officers of health and district surgeons to report,
and powers of magistrates
(1) It shall be the duty of every medical officer of health in his official capacity
and of every Government medical officer and district surgeon who knows or has
reason to believe that any person is suffering from any venereal disease in a
communicable form and is not under treatment by a medical practitioner or is not
attending for medical treatment regularly and as prescribed by such medical
practitioner to give notice to such person of the requirements of this Act in regard
to attendance for treatment of persons suffering from venereal disease, and, if
thereafter such person does not comply with those requirements, to report the
matter to the magistrate.
(2) Upon receipt of any such report the magistrate shall make such further
inquiry, or shall make such order or orders, or shall institute such proceedings, as
he may deem necessary for the proper enforcement of the provisions and for the
attainment of the objects of this Part.
(3) An order under this section may require the person named therein—
(a) to furnish a certificate by a medical practitioner as to whether he is
or is not suffering from a venereal disease in a communicable form;
or
(b) to attend at a specified time and place for examination by a medical
practitioner named in the order; or
(c) to attend regularly for medical treatment at times and at a place
specified in such order; or
(d) to proceed or be removed to and to remain or be detained under
treatment in a special hospital or place of accommodation provided
or established under this Part, either for a specified time or until
cured or free from the disease in a communicable form.
(4) Any person who fails to comply with any order made under this section, or
who escapes or attempts to escape from any hospital in which he has been
ordered to remain or to be detained, shall be guilty of an offence.
[Rev. 2012] CAP. 242
Public Health
25 [Issue 1]
49. Conveyance of infection an offence
Every person who wilfully or by culpable negligence infects any other person
with venereal disease or does or permits or suffers any act likely to lead to the
infection of any other person with any such disease shall be guilty of an offence
and liable to a fine not exceeding four thousand shillings or to imprisonment for a
term not exceeding six months or to both.
50. Detention in hospital of infected person
(1) Where any person sentenced to imprisonment under this Act or any other
law is suffering from a venereal disease in a communicable form, he may, by
order of the magistrate, be removed to a special hospital or place of
accommodation, and be detained under treatment therein until the expiry of his
sentence, and the magistrate, on the representation of the medical practitioner
treating such person, and if satisfied that the public health cannot otherwise
adequately be safeguarded and that such person when released is unlikely to
undergo treatment by a medical practitioner for such disease, may order that he
be detained in such hospital or place either for a specified period after the expiry
of his sentence or until he is cured or free from the disease in a communicable
form.
(2) Any person so detained in a hospital or other place of accommodation
who escapes or attempts to escape therefrom shall be guilty of an offence.
51. Medical examination of inhabitants of localities where venereal
disease believed prevalent
(1) Where the Minister on a report by a medical officer has reason to believe
that a person is suffering from venereal disease, he may issue an order requiring
the examination by a medical practitioner of such person.
(2) Any person who refuses to comply with such order or with any lawful
instructions given thereunder or who obstructs any medical practitioner or other
duly authorized officer in the carrying out of such order shall be guilty of an
offence.
[L.N. 187/1956, Sch., L.N. 172/1960, Sch.]
52. Examination of females
Where any order is made under this Part requiring the medical examination of
any female and such female desires to be examined by a woman medical
practitioner, such examination shall be made by a woman medical practitioner if
one is reasonably available.
53. Rights of persons detained in hospital
(1) Any person detained in hospital under this Part shall be entitled to
arrange, at his own expense, for his examination by any medical practitioner, and
a report of such examination shall be furnished to the magistrate, who may
thereupon cause to be made any further examination of such person which he
may deem necessary.
(2) No person shall be detained in hospital under this Part who is not, or is no
longer, suffering from a venereal disease in a communicable form.
CAP. 242 [Rev. 2012]
Public Health
[Issue 1] 26
54. Secrecy of proceedings
(1) Inquiries and proceedings before a magistrate or any court of law under
this Part shall be secret and conducted in camera, and the records thereof shall
be kept in the manner and form prescribed by rule, subject to the provisions of
section 48 of this Act, anything to the contrary notwithstanding in any other law.
(2) Any person publishing or divulging the name of any person dealt with
under this Part, or the nature, proceedings or contents of any report, certificate,
document or order in connexion therewith or any other matter coming to his
knowledge in connexion with anything arising under this Part to any unauthorized
person, and any person who without lawful justification or excuse falsely alleges
that any person is suffering or has suffered from venereal disease, shall be guilty
of an offence.
55. Publication of advertisements of cures
(1) No person shall publish any advertisement or statement intended to
promote the sale of any medicine, appliance or article for the alleviation or cure
of any venereal disease or disease affecting the generative organs or functions,
or of sexual impotence, or of any complaint or infirmity arising from or relating to
sexual intercourse.
(2) Any person who publishes any such advertisement or statement by
printing it in any newspaper or exhibiting it to public view in any place or
delivering or offering or exhibiting it to any person in any street or public place or
in any public conveyance, or who sells, offers or shows it or sends it by post to
any person, shall be guilty of an offence.
(3) For the purposes of this section, “advertisement” and “statement” include
any paper, document or book containing any such advertisement or statement,
as the case may be.
(4) This section shall not apply to publications by the Medical Department or
by any municipal council, public hospital or other public body in the discharge of
its lawful duties or by any society or person acting with the authority of the
Minister first obtained, or to any books, documents or papers published in good
faith for the advancement of medical science.
(5) Deleted by Act No. 14 of 1971, Sch.
[Act No. 28 of 1961, Sch., L.N. 41/1970, Sch., Act No. 14 of 1971, Sch.]
PART VI – PORTS AND INLAND BORDERS OF KENYA
56. Interpretation of Part
For the purposes of this Part—
“master” in relation to any vessel means the person (other than a pilot)
having at the time command or charge of that vessel;
“oversea vessel” means a vessel other than one plying only between
ports or places in Kenya;
“port health officer” means any medical practitioner appointed by or
acting as such under the authority and instructions of the Director of Medical
Services.
[Rev. 2012] CAP. 242
Public Health
27 [Issue 1]
57. Application of Act as regards vessels
The provisions of this Act as regards vessels, except where otherwise
expressly stated, shall apply to every vessel of whatsoever kind anchoring off or
arriving in any port or being elsewhere within territorial waters:
Provided that the Minister may, subject to such conditions or limitations as
may be prescribed by him, exempt from any such provisions any warship of
Kenya or of any foreign country, or any vessel engaged solely in the coasting
trade and plying only between ports of Kenya.
[L.N. 187/1956, Sch., L.N. 172/1960, Sch., Act No. 21 of 1966, First Sch.]
58. No communication between vessels and shore before granting of
pratique
(1) Except in case of danger, no master of a vessel arriving at any port or
place in Kenya and no person on board thereof shall communicate or attempt to
communicate with the shore or with any other vessel or any boat, and no person
from the shore or from any other vessel or boat shall communicate with such
vessel, otherwise than by signal, until pratique has been granted to such vessel
in accordance with rules made under this Part:
Provided that nothing in this subsection shall prevent any port officer, pilot
or other duly authorized officer from coming alongside or boarding any such
vessel.
(2) No fee shall be payable in respect of the examination by the port health
officer of, and the granting of pratique to, any vessel arriving at any port or place
in Kenya.
59. Notification of infectious disease or death on board of vessel
(1) The provisions of this Act in respect of the notification of the occurrence of
cases of infectious disease in man, or of sickness or mortality in rodents or other
animals susceptible to plague, shall apply to every vessel at any port or place in
Kenya, but, wherever it is therein required that notification be made to the health
authority or medical officer of health, such notification shall be made to the port
health officer.
(2) No fee shall be payable to any ship surgeon or other medical officer of a
vessel or shipping company in respect of the notification of any case of infectious
disease on board of any vessel.
(3) For all purposes of this Act, every vessel shall be deemed to be a dwelling
or premises, and the master thereof shall be deemed to be the head of the
household or the owner or occupier of the premises.
(4) It shall be the duty of the master to report to the port health officer the
death of any person who has died from any cause whatever on the vessel during
the voyage just completed, or while the vessel is in port, and also the cause of
death.
[L.N. 41/1970, Sch.]
60. Powers of port health officer
(1) The port health officer may at any time board any vessel and inspect any
part thereof or anything therein, and may medically examine any person on
CAP. 242 [Rev. 2012]
Public Health
[Issue 1] 28
board and require any such person to answer any question for the purpose of
ascertaining whether or not infection exists or has recently existed on board.
(2) Any person who refuses to allow any such officer to board any vessel or
to make any inspection or medical examination as aforesaid, or otherwise
obstructs or hinders any such officer in the execution of his duty, or who fails or
refuses to give any information which he may lawfully be required to give, or who
gives false or misleading information to any such officer knowing it to be false or
misleading, shall be guilty of an offence and liable to a fine not exceeding two
thousand shillings.
61. Notification to medical officers of health at ports
Upon the occurrence on any vessel of any case of or death from any notifiable
infectious disease, or of such other disease as the Minister may prescribe, or of
any sickness or mortality among rodents or other animals on any vessel or within
the harbour area suspected to be due to any formidable epidemic disease, the
port health officer shall forthwith inform the medical officer of health of the area in
or adjoining which the port is situated of the occurrence and the measures taken
or intended to be taken in connexion therewith.
[L.N. 187/1956, Sch., L.N. 172/1960, Sch., L.N. 256/1963, Fourth Sch., L.N. 41/1970, Sch.]
62. Granting of restricted or conditional pratique to and quarantining of
vessels
In the case of any vessel having, or suspected on reasonable grounds of
having, on board in any person, animal or thing the infection of any infectious
disease, the port health officer, acting in accordance with instructions and with
rules made under this Part, may grant or continue pratique to such vessel subject
to such conditions or restrictions as may be deemed necessary, or, if he deems it
necessary so to do, may withhold or withdraw pratique and place the vessel in
quarantine:
Provided that, when pratique restrictions are imposed or any vessel is
placed in quarantine or when any person on board of or landed from any vessel
is compulsorily detained, isolated or removed, the port health officer shall
immediately report, by telegraph or other expeditious means, the action taken by
him and the reasons therefor to the Director of Medical Services and the nearest
medical officer of health.
63. Declaration of infected places, ports of entry, etc.
(1) The Minister may, by order—
(a) declare that any place beyond or within Kenya is infected with a
formidable epidemic disease or that a formidable epidemic disease
is liable to be brought or carried from or through that place, and
thereupon, and for so long as such order remains in force, that place
shall be a proclaimed place within the meaning of this Act;
(b) declare any port in Kenya to be a first port of entry for all or for any
particular class or description of overseas vessels coming from a
proclaimed place, and require masters of such vessels bound for
Kenya to enter a port so declared before entering any other port of
Kenya, except in case of danger or for other sufficient reason;
[Rev. 2012] CAP. 242
Public Health
29 [Issue 1]
(c) prohibit, restrict or regulate the immigration or importation into
Kenya of any person, animal, article or thing likely, in his opinion, to
introduce any infectious disease, or impose restrictions or conditions
as regards the examination, detention, disinfection or otherwise of
any such animal, article or thing.
(2) Any person who contravenes or fails to comply with an order made under
subsection (1) shall be guilty of an offence and liable to a fine not exceeding two
thousand shillings.
[Act No. 28 of 1961, Sch.]
64. Master of vessel from proclaimed place to take precautionary
measures
(1) The master of any vessel bound for any port or place in Kenya which
comes from or calls or touches at any proclaimed place shall, while his vessel is
at that place and during the voyage to Kenya, take in respect of the vessel and
her crew, passengers and cargo all such precautionary measures as may be
prescribed by the order.
(2) Any master of a vessel failing so to do and thereafter entering any port of
Kenya shall, unless he satisfies the court that he was unaware of the measures
required to be taken by him and that he took all reasonable means to ascertain
whether it was his duty to take any such measures, be guilty of an offence and
liable to a fine not exceeding two thousand shillings.
(3) Where a vessel has arrived from a proclaimed place and the prescribed
precautionary measures have not been taken, any measures considered
necessary by the port health officer, acting on the instructions of the Director of
Medical Services, may be carried out with respect to the vessel and her crew,
passengers and cargo, at the expense of the owner of the vessel.
[Act No. 28 of 1961, Sch.]
65. Removal of quarantined vessels
Where a vessel has been placed in quarantine at any port or place in Kenya,
the Minister may, for the purpose of more effectually dealing with the infection on
board, require the master thereof to remove such vessel, at his own risk and
expense, to any other port or place within territorial waters.
[L.N. 187/1956, Sch., L.N. 172/1960, Sch.]
66. Master of vessel may decline to submit to quarantine or removal
(1) Where the master of a vessel has been informed by the port health officer
or other duly authorized officer of the intention of placing that vessel in
quarantine or of requiring him to move that vessel in quarantine to another port or
place in Kenya and where such master declines to submit to quarantine or
refuses to remove the vessel as aforesaid, he shall immediately inform such
officer accordingly and shall forthwith hoist the quarantine signal, as defined in
rules made under this Part, on the vessel and remove the vessel from the
neighbourhood of any wharf or landing place or any other vessel, and shall leave
the port with all possible dispatch after notifying the port health officer of the next
intended port of call of the vessel.
CAP. 242 [Rev. 2012]
Public Health
[Issue 1] 30
(2) Any vessel dealt with in the manner described in subsection (1) may,
before leaving the port, take on board, subject to such precautions as may be
prescribed by the port health or other duly authorized officer, any coal, water,
provisions or stores.
67. Removal of patient from vessel and treatment on shore
(1) Where any person on board of any vessel is suffering from any infectious
or other disease and, in the opinion of the port health officer, is not
accommodated or is not being nursed or treated in such manner as to guard
adequately against the spread of the disease or to promote recovery, the port
health officer may cause such person to be removed to a hospital or place of
isolation on shore and there accommodated and treated for such period as may
be considered necessary in the interests of the patient or to prevent spread of
infection.
(2) All reasonable expenses necessarily incurred in dealing with a patient
under this section shall be a charge against the master or agent of the vessel,
and may be recovered from either or both of them by the Government.
68. Surveillance or isolation of persons who have been exposed to infection
(1) Where any person on board of any vessel is believed to have been
recently exposed to the infection, and may be in the incubation stage of any
notifiable infectious disease, the port health officer may require such person to
remain on board such vessel, or alternatively to land and proceed direct to his
place of destination and there report himself to the medical officer of health for
medical surveillance by such medical officer of health until considered to be free
from infection.
(2) Where in the opinion of the port health officer any such person cannot
otherwise be properly kept under medical surveillance or the public health cannot
be otherwise adequately safeguarded, such person may be removed to a place
of isolation on shore and there detained until considered free from infection.
(3) The port health officer shall notify to the medical officer of health of the
district in or adjoining which the port is situated, and to the medical officer of
health of the district where such person’s place of destination is, the fact that
such person is believed to have been recently exposed to infection and has been
allowed to land and proceed to his destination.
(4) Any person who refuses or fails to comply with, or wilfully obstructs the
execution of, any requirement lawfully made under this section shall be guilty of
an offence and liable to a fine not exceeding one thousand shillings or to
imprisonment for a term not exceeding three months or to both.
69. Burial of the bodies of persons dying on board of vessel
Where there is any dead body on board any vessel at any port or place in
Kenya, it shall be the duty of the master of such vessel to cause such body to be
properly buried; any reasonable and necessary expenses thereby incurred may
be recovered by the master from any person legally liable for the same.
[Rev. 2012] CAP. 242
Public Health
31 [Issue 1]
70. Clearance papers may be withheld from vessels pending inquiry into
offence
Whenever the port health officer has reasonable grounds for believing that the
master of any vessel has committed an offence under this Act or fails or refuses
to pay any charges lawfully made thereunder, the Commissioner of Customs and
Excise or any officer authorized thereto by the Commissioner may, on the
request of the port health officer, withhold clearance papers from such vessel
pending the institution of proceedings in any competent court:
Provided that clearance papers shall not be withheld for more than thirty-six
hours (Sundays and public holidays excepted), unless such proceedings have
been commenced before the expiry of that period.
71. Powers to enforce precautions at frontiers
(1) When it is considered necessary for the purpose of preventing the
introduction of infectious disease into Kenya, the Minister may, by order—
(a) regulate, restrict or prohibit the entry into Kenya at its inland borders
or any part thereof or any persons, or of persons of any specified
class or description or from any specified locality or area;
(b) regulate, restrict or prohibit the introduction into Kenya at its inland
borders, or any specified part thereof, of any animal, article or thing;
(c) impose requirements or conditions as regards the medical
examination, detention, quarantine, disinfection, vaccination,
isolation or medical surveillance or otherwise of persons entering, or
the examination, detention or disinfection or otherwise of such
persons as aforesaid or of articles or things introduced into Kenya at
its inland border or any part thereof;
(d) apply with or without modifications any particular provisions of this
Part to persons, animals, articles or things entering or introduced
into or departing or removed from Kenya by means of aircraft.
(2) Any person who contravenes or fails to comply with an order made under
subsection (1) shall be guilty of an offence and liable to a fine not exceeding one
thousand shillings or to imprisonment for a period not exceeding three months or
to both.
[Act No. 28 of 1961, Sch.]
72. Agreements with either governments regarding reciprocal notification
of outbreaks
(1) The Minister may enter into agreements with the Government of any
foreign country, providing for the reciprocal notification of outbreaks of any
formidable epidemic or other disease of any other matter affecting the public
health relations of Kenya with other countries.
(2) The terms or a summary of every such agreement shall be notified in the
Gazette.
[L.N. 365/1964, Sch., Act No. 21 of 1966, First Sch.]
CAP. 242 [Rev. 2012]
Public Health
[Issue 1] 32
73. Rules concerning port health matters
The Minister may make rules—
(a) prescribing the powers and duties of port health officers and the
procedure to be followed in the examination of, and the granting of
pratique to, vessels, and requiring every master of a vessel on
arrival at any port or place in Kenya to furnish a declaration of health
in respect of the existence or suspected existence on board, in any
person, animal or thing, of any infectious disease, or any other
disease which the Minister may notify in the Gazette, prescribing the
form of declaration, and empowering any port health officer or other
duly authorized officer to require the master of any vessel to verify
upon oath the statements in the declaration and to administer the
necessary oaths; such rules may prescribe modified requirements or
procedure in respect of vessels arriving at a second or subsequent
port of call in Kenya on the same voyage;
(b) requiring the master of any vessel having or suspected of having on
board the infection of any infectious disease, or which has recently
touched at any port or place which is a proclaimed place or is
infected with any formidable epidemic disease or is situated near
any place which is so infected, to furnish lists of passenger, crew or
cargo, and prescribing the information to be given in any such list;
(c) prescribing the measures which shall be taken by masters of
vessels to prevent the migration of rodents to or from vessels;
(d) prescribing the measures which shall be taken for the disinfection of,
or the destruction of rats, mice or insects in, vessels, the disposal of
bilge or other water on board, the cleansing of vessels, the provision
of a supply of pure water on board, and for preventing the pollution
of the water of the port with excreta and manure or any infective or
offensive matter;
(e) as to the grant, refusal or withdrawal of pratique to vessels and the
detention in quarantine of vessels having or suspected of having on
board in any person, animal or thing, the infection of any infectious
disease, or of persons suffering from, or who have recently been
exposed to the infection of, any such disease;
(f) as to the prohibition or restriction of intercourse of persons on or
from the land with vessels, where deemed necessary in order to
prevent the spread of infectious disease;
(g) requiring the disinfection of any article or thing contaminated, or
believed to be contaminated, with the infection of any infectious
disease, on board of or landed from any vessel, or, if such article or
thing is of such a nature that it cannot be so disinfected, prohibiting
the landing or providing for the destruction thereof;
(h) requiring the vaccination, before landing from any vessel, of any
person who may have recently been exposed to the infection of
smallpox and who does not produce evidence to the satisfaction of
the port health officer of successful vaccination during the five years
immediately preceding;
[Rev. 2012] CAP. 242
Public Health
33 [Issue 1]
(i) appointing such sanitary anchorages as may be necessary for the
purposes of this Act:
Provided that until other provisions are made the sanitary station at
Zanzibar shall be a sanitary station for the purposes of any rules
made or deemed to be made under this Act;
(j) providing for the recovery from masters or owners or agents of
vessels of all reasonable and necessary expenses incurred by the
Government, or of charges in accordance with a prescribed tariff of
charges, or for the furnishing by them of guarantees in respect of
the payment of such expenses or charges—
(i) in dealing with any person who is on board or has recently
been landed and who is suffering, or suspected to be
suffering, from any infectious disease or from any other
disease which the Minister may notify in the Gazette;
(ii) in connexion with the detention in quarantine of any vessel
infected with, or the isolation, accommodation, care and
treatment of any person suffering from, or who has been
exposed to the infection of, any infectious disease, and the
detention and repatriation of any such person if he is
prohibited from entering Kenya under any law relating to
immigration;
(iii) in eradicating the infection of any infectious disease in any
vessel, or in any article or thing on board of any vessel, or in
any article or thing which though landed therefrom, was
infected before it was landed;
and the Minister may, by notice in the Gazette, prescribe tariffs of
charges which shall be payable by masters or owners or agents of
vessels in respect of any of the services aforesaid, but every such
tariff, shall be fixed as nearly as may be on the basis of average
cost;
(k) as to the departure from Kenya, whether by land or sea, of all
persons or of persons of any specified class or description, or of
persons from any specified locality or place, and as to the
restrictions to be imposed on persons leaving Kenya, in relation to
medical examination, disinfection or otherwise;
(l) as to the exportation or removal from Kenya, whether by land or
sea, of any article or thing considered likely to convey the infection
of any infectious disease, and the examination, detention,
disinfection or otherwise of any such article;
(m) for securing and maintaining cleanliness and efficient sanitation and
preventing or remedying any nuisance or danger to health from
overcrowding or otherwise on board of any vessel or within any port
or harbour;
(n) as to the inspection of food on board vessels or at any port of Kenya
and the destruction or safe disposal of any diseased or unsound or
unwholesome meat or food intended for human consumption, or of
any article of food or drink likely to convey any infectious disease, if
such article is on board any vessel or within any port or harbour, and
providing for the recovery of any expense incurred by the
Government in so doing;
CAP. 242 [Rev. 2012]
Public Health
[Issue 1] 34
(o) as to the disinfection of any second-hand clothing, bedding, rags or
any similar article imported by sea, and the recovery from the owner
thereof or his agent of all expenses incurred by the Government in
connexion therewith,
and generally for better carrying out the provisions and attaining the objects and
purposes of this Part.
[L.N. 187/1956, Sch., L.N. 188/1956, Sch., L.N. 172/1960, Sch., L.N. 173/1960, Sch.]
74. Orders, rules and penalties under Part
(1) Any order or rule made under this Part may provide exemptions
therefrom, may define the disease to which any particular provision shall apply
and may impose duties in connexion therewith on masters or owners or agents of
vessels or on persons in charge of railway trains or of vehicles, or on employers
of labour, labour recruiting agents or others.
(2) Any person contravening any provision of this Part, or of any order or rule
thereunder, shall be guilty of an offence and liable, save as hereinbefore and in
subsection (3) provided, to a fine not exceeding one thousand shillings or to
imprisonment without the option of a fine for a term not exceeding three months
or to both.
(3) If the master of a vessel contravenes any provision of this Act or any rule
thereunder relating to pratique or quarantine, or makes any false statement or
false answer to any question in any declaration of health, knowing the same to
be false, he shall be guilty of an offence and liable to a fine not exceeding four
thousand shillings or to imprisonment without the option of a fine for a term not
exceeding twelve months or to both.
[Act No. 28 of 1961, Sch.]
75. Protection of Government
Wherever under this Part powers are exercised by the Minister or other officer
in accordance therewith and with the rules, and by reason of the exercise of such
powers—
(a) any vessel, person, article or thing is delayed or removed or
detained; or
(b) any article or thing is damaged or destroyed; or
(c) any person is deprived of the use of any article or thing,
the Government shall not be liable to pay compensation, provided due care and
reasonable precautions have been taken to avoid unnecessary delay or damage
or destruction.
[Act No. 28 of 1961, Sch.]
PART VII – LEPROSY
76. Interpretation of Part
For the purposes of this Part—
“asylum” means any building or collection of buildings erected and
established under section 77 and used for the treatment or detention of
persons affected with leprosy, together with the land surrounding such
buildings and set apart and defined under the said section for the occupation
of such persons;
[Rev. 2012] CAP. 242
Public Health
35 [Issue 1]
“leprosy” means all forms of disease caused by the Bacillus leprae of
Hansen;
“specified area” means a local area specified in an order made by the
Minister under section 77(3).
[Act No. 28 of 1961, Sch., L.N. 365/1964, Sch.]
77. Establishment of leper asylums
(1) It shall be lawful for the Minister to erect and establish from time to time
asylums for the detention of persons removed thereto under this Act, and for the
purpose of acquiring sites for the erection and establishment of asylums to
appropriate and set apart any unalienated public land, and to order the fencing
and enclosing of any land so appropriated and set apart.
(2) The establishment of any asylum and boundaries of any land
appropriated and set apart for such purpose shall be notified and defined by
notice in the Gazette.
(3) For the purpose of preventing the spread of leprosy, the Minister may, by
order, direct that, from a date named therein until further order, all persons
affected with leprosy found within any local area specified in such order shall be
removed to and detained in an asylum.
[Act No. 28 of 1961, Sch., L.N. 365/1964, Sch.]
78. Duty to notify suspected case of leprosy within specified area
(1) Whenever it comes to the knowledge of any person that some other
person within a specified area outside an asylum and not exempted under
section 102 from the provisions of this Act is affected with or is suspected of
being affected with leprosy, such first-named person shall forthwith report such
fact or suspicion upon oath to a magistrate of the district in which he is residing.
(2) Any person who neglects to act in accordance with subsection (1) shall be
guilty of an offence.
[L.N. 365/1964, Sch.]
79. Magistrate to isolate suspect on notification
Every magistrate to whom a report is made under section 78 shall issue an
order requiring a police officer to take steps that the person mentioned in such
report be detained in a place of isolation in a manner prescribed by rules under
this Act until he has been examined as in section 80 provided.
80. Magistrate to arrange for medical examination
A magistrate who has issued such isolation order as aforesaid shall cause the
person to be examined as soon as possible by two medical practitioners, one of
whom shall if possible be a medical officer, and obtain a report from them of such
examination.
81. Discharge of suspect if not affected
If such medical practitioners aforesaid report that the person alleged to be
affected with leprosy is not so affected, the magistrate shall forthwith discharge
him from detention in isolation.
CAP. 242 [Rev. 2012]
Public Health
[Issue 1] 36
82. Interim reception order in doubtful case
(1) If such medical practitioners aforesaid report that the person alleged to be
affected with leprosy is so affected, or that it is doubtful whether he is so affected
or not, the magistrate shall order him as in this section described to be removed
to an asylum therein to be detained in accordance with the provisions of this Act.
(2) Any such order as is in this section described shall be termed an interim
reception order and shall be addressed to the superintendent of some asylum,
and shall be delivered to a police officer, together with the report mentioned in
section 80.
(3) An interim reception order shall authorize any police officer to conduct the
person named therein to the asylum named in such order, and shall further
authorize the reception and detention of such person in such asylum until the
Minister has transmitted to the superintendent of the asylum an order of further
detention or discharge as hereinafter provided.
[Act No. 28 of 1961, Sch.]
83. Interim reception order and reports to be sent to Minister
Any superintendent who has received any person into an asylum under an
interim reception order shall as soon thereafter as possible transmit to the
Minister—
(a) the interim reception order;
(b) the reports of the medical practitioners mentioned in section 80.
[Act No. 28 of 1961, Sch.]
84. Voluntary submission to treatment of persons affected with leprosy
If any person within a specified area suspects that he is affected with leprosy
and desires to submit himself to treatment therefor or to be placed in isolation in
accordance with this Act, he may for such purpose present himself to a
magistrate of the district in which he is residing, and such magistrate shall
thereupon, having ordered such person to be detained in isolation as in section
79 is provided, require two medical practitioners (one of whom shall if possible be
a medical officer) to examine such person; and if such medical practitioners
report that such person is not affected with leprosy the provisions of section 81 of
this Act shall apply in the case of such person; and if such medical practitioners
report that such person is affected with leprosy or that it is doubtful whether such
person is so affected or not the provisions of section 82 and 83 shall apply to
such case.
[L.N. 365/1964, Sch.]
85. Where Minister satisfied that person detained under interim reception
order is affected with leprosy
(1) Whenever the Minister is satisfied that any person detained under an
interim reception order as aforesaid is affected with leprosy, he shall make and
sign an order (herein described as a detention order), which shall be addressed
to the superintendent of some asylum.
(2) A detention order shall authorize the detention in accordance with this Act
of the person named therein, and shall be in force until cancelled by the Minister.
[Rev. 2012] CAP. 242
Public Health
37 [Issue 1]
(3) The medical officer appointed to an asylum shall, at least once a year,
and more often if so required by the Minister, transmit to the Minister a report as
to the condition of each person detained in the asylum, and if on consideration of
such report the Minister considers further detention of any person unnecessary
he may cancel the detention order and direct such person to be discharged.
[Act No. 28 of 1961, Sch.]
86. Where Minister not satisfied that person detained under interim
reception order is affected with leprosy
(1) Whenever the Minister is not satisfied that a person detained under an
interim reception order is affected with leprosy, he shall submit all medical
reports transmitted to him under this Act concerning such person to the Director
of Medical Services, and may direct any further medical examination he may
consider necessary of such person.
(2) If on consideration of the report of the Director of Medical Services or of
the further medical examination (if any) he is satisfied that such person is
affected with leprosy, he shall make and sign a detention order as in section 85
provided.
(3) If on consideration of the report of the Director of Medical Services
aforesaid or of the further medical examination (if any) he is not satisfied that a
person detained under an interim reception order is affected with leprosy, he
shall transmit an order to the superintendent of the asylum in which such person
is detained directing his discharge therefrom.
[Act No. 28 of 1961, Sch.]
87. Minister may order discharge from asylum at any time
The Minister may, notwithstanding anything in this Act contained, at any time
on sufficient reason to him appearing, issue an order to the superintendent of any
asylum directing the discharge of any person from detention therein or the
removal of any person detained therein to another asylum for detention under
this Act, or, with the consent of such person, to a private asylum which has been
named in a notice issued by the Minister under subsection (1) of section 102.
[Act No. 28 of 1961, Sch.]
88. Appointment of superintendent of asylum
(1) The Minister may appoint from time to time superintendents, who shall
have the direction and management of any asylum to which they are respectively
appointed but shall in carrying out their powers and duties be subject to the
supervision and directions of the Director of Medical Services.
(2) The Director of Medical Services may from time to time, subject to any
rules made under this Act, appoint medical officers, attendants, guards and other
officers to any asylums and remove such officers.
[L.N. 365/1964, Sch.]
89. Duties of superintendents
It shall be the duty of every superintendent to inspect from time to time in
accordance with rules made hereunder the asylum to which he has been
appointed and the persons detained therein, and to cause proper food and
necessary comforts to be supplied to such persons, and to cause the premises to
CAP. 242 [Rev. 2012]
Public Health
[Issue 1] 38
be properly and cleanly kept, and to perform such other duties and exercise such
powers as may be imposed and conferred upon him by this Act or by any rules
made thereunder.
90. Intercourse of persons detained in asylums
(1) No person shall be permitted to enter any asylum except in accordance
with the rules made in that behalf under this Act.
(2) Except as in this Act provided and save as may be provided by any rules
made thereunder, no communication or intercourse shall be allowed between
persons detained in any asylum and any person not detained therein who is not
an officer or attendant thereof.
91. Suspects and detained lepers deemed to be in lawful custody
(1) Every person placed in isolation or during the course of removal to or
while detained in an asylum under this Act shall be deemed to be in lawful
custody until discharged therefrom under this Act, and while in such custody shall
be subject to the provisions of this Act any rules made thereunder.
(2) Any person who escapes from such lawful custody may be pursued,
arrested without warrant and taken back into custody by any person whomsoever
and wheresoever he may be found.
92. Visiting of persons detained
Every person detained in lawful custody under this Act shall be permitted to
receive visits from relatives, friends or legal advisers at such reasonable times and
subject to such restrictions as may be determined by rules made under this Act.
93. Cost of erection and maintenance of asylum to be defrayed out of
public funds
The cost of the erection, establishment and maintenance of asylums, of the
removal of persons thereto, of the maintenance of persons detained therein
(save in so far as such cost of maintenance may be otherwise defrayed in
accordance with section 94, of the salaries and wages of superintendents,
attendants or other officers of asylums and of the disinfecting and cleansing of
the residence of persons isolated and the maintenance of such persons during
the period of isolation shall be defrayed out of the moneys provided by
Parliament.
94. Superintendent may recover certain sums from inmates and allow
private building
It shall be lawful, subject to the approval of the Minister, for the superintendent
in the case of any inmate of an asylum under this Part to receive or recover from
such inmate the expense of his maintenance, and to allow such inmate or any
other person to erect for the inmate (or contract for the erection of) a building
within the limits of an asylum, and such superintendent may for such purpose
enter into on behalf of the Government special agreements with such person or
his lawful representative.
[L.N. 187/1956, Sch., L.N. 172/1960, Sch.]
[Rev. 2012] CAP. 242
Public Health
39 [Issue 1]
95. Court may appoint manager of detained persons
(1) The High Court may appoint a manager for the temporary or permanent
care and administration of any property of a person removed to an asylum for
detention under this Act, and Part XI of the Mental Treatment Act (Cap. 248)
shall mutatis mutandis apply for the purposes of such care and administration of
the property of any such person.
(2) It shall be lawful for the Director of Public Prosecutions to lay any reports
of evidence concerning the removal of a person for detention under this Act
together with evidence as to any property possessed by such person before the
High Court for its consideration, and the High Court may upon consideration of
such reports and evidence appoint a manager for the care or custody of the
property of any such person aforesaid, and, where it appears to the High Court
desirable that temporary provision should be made for the maintenance or other
necessary requirements of such person or any member of his family out of any
money or available securities belonging to him in the hands of his bankers or of
any other person, the High Court may authorize such banker or other person to
pay to the manager such sums as may be deemed necessary and may give
directions as to the application thereof for the benefit of such person aforesaid or
for the relief of his family or any member thereof.
[Act No. 12 of 2012, Sch.]
96. Cleansing and disinfecting of residence of persons isolated
Whenever any person has been placed in isolation by order of a magistrate
under section 79, the medical officer of health shall cause the residence of that
person to be forthwith cleansed and disinfected.
97. Photographing of persons confined in asylums
(1) It shall be the duty of every person detained in an asylum under this Act to
submit himself to be photographed from time to time as the superintendent shall
think fit.
(2) Any such person who refuses to allow himself to be photographed as
aforesaid, or obstructs any person entrusted with this duty in the execution of
such duty, shall be guilty of an offence, punishable, on receipt of a report alone,
in such manner as the Minister shall by rule prescribe.
(3) Any person who gives, supplies or exhibits any such photograph obtained
under this section to any person to whom he is not expressly or by rule
authorized to give, supply or exhibit such photograph shall be guilty of an
offence.
[L.N. 187/1956, Sch., L.N. 172/1960, Sch.]
98. Penalties for contravention of Part
Any person who is guilty of an offence under this Part shall be liable to a fine
not exceeding fifteen thousand shillings or to imprisonment for a term not
exceeding one year or to both.
[Act No. 2 of 2002, Sch.]
CAP. 242 [Rev. 2012]
Public Health
[Issue 1] 40
99. Rules under Part
The Minister may make rules and prescribe the penalties for the breach
thereof not exceeding the penalties mentioned in section 98—
(a) for the isolation, examination and removal to asylums of person
affected or suspected of being affected with leprosy;
(b) for the appointment and duties of superintendents, medical officers,
guards, attendants and other officers of asylums, and the removal of
such officers;
(c) for the classification, treatment, instruction and employment of
persons detained in asylums;
(d) as to the rations and clothing of persons detained in asylums;
(e) as to the intercourse of persons detained in an asylum with each
other and with persons not so detained, and generally for the
discipline and good order of persons so detained;
(f) for the removal to and detention within an asylum of any person
serving or sentenced to a term of imprisonment if certified by a
medical officer to be affected with leprosy;
(g) as to the setting apart of places within any asylum for the special
confinement and punishment of persons convicted and sentenced
during detention or whilst employed in an asylum, or of persons who
have been convicted and sentenced for any offence by a court and
removed to an asylum under this Act;
(h) for the appointment and duties of a visiting committee to any
asylum, or otherwise providing for the visitation of asylums;
(i) prescribing forms to be used for the purposes of this Part.
[L.N. 188/1956, Sch., L.N. 173/1960, Sch.]
100. Examination and report of one medical practitioner to suffice
temporarily where two not available
Notwithstanding anything in this Act contained, the examination and report of
one medical practitioner shall suffice for the purpose of an interim reception order
under this Act, whenever undue delay or inconvenience would result in obtaining
an examination and report by two medical practitioners:
Provided that the results of an examination and the report of one medical
practitioner shall be confirmed by another medical practitioner as soon as the
same can conveniently be obtained.
101. Police officer to execute orders under Act
It shall be the duty of every police officer to execute any lawful order of the
Minister or any magistrate issued under this Act, and any person resisting or
obstructing any magistrate, medical practitioner or other person charged with a
duty under this Act in the execution of the duty shall be guilty of an offence.
[Act No. 28 of 1961, Sch.]
102. Private asylums
(1) If the Minister is satisfied that proper provision will be made for the care,
comfort and custody of persons affected with leprosy, and for regulating
[Rev. 2012] CAP. 242
Public Health
41 [Issue 1]
intercourse between such persons and persons not so affected in any private
leper asylum, he may by notice in the Gazette exempt from the provisions of this
Act all persons affected with leprosy if and so long as they remain within the
private leper asylum specified in such notice.
(2) The Minister may at any time, by notice in the Gazette, cancel any
exemption made by him under subsection (1), either in respect of all the inmates
of a private leper asylum specified in such notice or in respect of such inmate or
inmates as may be specified in the notice.
(3) A medical officer may at any time enter any private leper establishment
specified in any notice under subsection (1), and inspect the same and examine
the inmates; and every such asylum shall be inspected and a report thereon sent
to the Minister by a medical practitioner appointed by the Director of Medical
Services in that behalf, at least once in every six months.
[Act No. 28 of 1961, Sch.]
PART VIII – PREVENTION OF THE SPREAD OF SMALLPOX
103. Interpretation of Part
For the purposes of this Part—
“child” means a person who is under, or who appears to be under, fifteen
years of age;
“public vaccinator” includes a public vaccinator appointed by the
Director of Medical Services and any person appointed by the Director of
Medical Services to assist or act for a public vaccinator, and includes any
Government medical officer, medical officer of health or district surgeon;
“unprotected person” means a person, including a child, who has not
been protected from smallpox by having had the disease, either naturally or
by inoculation or by having been successfully vaccinated, and who has not
been certified under this Act to be insusceptible to vaccination.
104. Vaccination of children
The parent or guardian of every child in Kenya shall, unless such child is
insusceptible or unfit or has suffered from smallpox, cause such child to be
successfully vaccinated by a public vaccinator, or other medical practitioner, and
the parent or guardian of every such child shall procure one of the following
certificates on the form prescribed, signed by the public vaccinator or other
medical practitioner—
(a) a certificate of successful vaccination;
(b) a certificate of insusceptibility to vaccination;
(c) a certificate of unfitness for vaccination;
(d) a certificate that the child has suffered from smallpox.
105. Vaccination of persons entering Kenya
(1) Every unvaccinated adult person, or the parent or guardian of every
unvaccinated child, in or entering Kenya shall cause himself or such child to be
successfully vaccinated within twelve months after entering Kenya.
CAP. 242 [Rev. 2012]
Public Health
[Issue 1] 42
(2) The conditions and exceptions mentioned in section 104 shall mutatis
mutandis apply to any adult person or child described in this section.
(3) A person shall be deemed to be unvaccinated if he has not been or fails
to prove that he has been successfully vaccinated:
Provided that the provisions of this section shall not apply to any person
who can prove that reasonable facilities for vaccination were not obtainable.
106. Emergency vaccination of population in area threatened with smallpox
In the event of the occurrence or threatened outbreak of smallpox in any
area—
(a) the medical officer of health or the district surgeon or other
Government medical officer may require are person to be forthwith
vaccinated or revaccinated who has or is suspected to have been in
any way recently exposed to smallpox infection, or may require the
parent or guardian of any child who has or is suspected to have
been so exposed to have such child vaccinated or revaccinated
forthwith; and any person failing to comply with such requirement
shall be guilty of an offence;
(b) the municipal council may, or when instructed by the Minister on the
advice of the Board so to do shall require all persons within an area
defined to attend at centres according to instructions issued and to
undergo inspection, vaccination or revaccination as circumstances
may require; such instructions may be issued by notice in the press,
or by notices posted in public places, or otherwise as may be
deemed sufficient by the municipal council; and non-attendance
shall be an offence;
(c) any district surgeon, public vaccinator or medical practitioner duly
authorized by the Director of Medical Services may require any
person in such area to furnish satisfactory proof (including the
exhibition of vaccination scars) that he has been successfully
vaccinated within five years immediately preceding the date of such
requirement; and any person who fails to furnish such proof as
regards himself or as regards any child of which he is the parent or
guardian, and refuses to allow himself or such child to be
vaccinated, shall be guilty of an offence.
[L.N. 187/1956, Sch., L.N. 172/1960, Sch., L.N. 256/1963, Fourth Sch., L.N. 41/1970, Sch.]
107. Person unfit for vaccination
(1) If any public vaccinator or medical practitioner is of opinion that any adult or
child is not in a fit state to be vaccinated, he shall give to the adult or to the parent
or guardian of the child a certificate under his hand according to Form No. 1 in the
Schedule, or to the like effect, that the adult or child is then in a state unfit for
vaccination.
(2) The said certificate shall remain in force for six months only, but shall be
renewable for successive periods of six months until the public vaccinator or
medical practitioner deems the adult or child to be fit for vaccination, when the
adult or child shall with all reasonable dispatch be vaccinated.
[Rev. 2012] CAP. 242
Public Health
43 [Issue 1]
108. Person insusceptible of successful vaccination
(1) If any public vaccinator or medical practitioner finds that any adult or child
whom he has three times unsuccessfully vaccinated is insusceptible of
successful vaccination, or that the adult or child coming or brought to him for
vaccination has already been successfully inoculated or had the smallpox, he
shall deliver to the adult or to the parent or guardian of the child a certificate
under his hand in Form No. 2 in the Schedule.
(2) A certificate of insusceptibility to vaccination shall only be given by a
public vaccinator or other medical practitioner after three unsuccessful attempts
at vaccination at intervals of not less than one month have been made by him
with calf vaccine lymph of known efficiency.
109. Certificate to be given for successful vaccination
Every public vaccinator or medical practitioner who has performed the
operation of vaccination upon any adult or child, and has ascertained that the
same has been successful, shall deliver to such adult or to the parent or guardian
of such child a certificate in Form No. 3 in the Schedule, or to the like effect,
certifying that the said adult or child has been successfully vaccinated.
110. No fee to be charged by public vaccinator, and certificate to contain
description of person vaccinated
(1) No fee or remuneration shall be charged to the person vaccinated by any
public vaccinator for any certificate granted under this Act, nor for any
vaccination done by him in pursuance of this Act.
(2) A public vaccinator or medical practitioner giving any certificate under this
Act shall enter therein a description of the person in respect of whom the
certificate is given sufficient for the purpose of identification.
111. Vaccination of inmates of institutions
Every superintendent or person in charge of a leper asylum or mental hospital
or chronic sick hospital, jail, prison, reformatory, penitentiary or other similar
institution shall cause to be vaccinated within fourteen days following his
admission to such institution every inmate thereof who, being in a fit state of
health to undergo vaccination, has not been successfully vaccinated within the
five years immediately preceding; and if such person is at the time unfit to
undergo vaccination he shall be vaccinated as soon as he is so fit.
112. School children to be vaccinated
(1) No child shall be admitted to or attend any school until there has been
produced to the person in charge thereof a certificate or other satisfactory
evidence that the provisions of this Part in respect of such child have been
complied with.
(2) For the purpose of ascertaining whether the provisions of subsection (1)
of this section are being observed, every public vaccinator is hereby authorized
and required whenever instructed by the Director of Medical Services to visit any
school, and make therein such inspection of the children attending thereat as will
enable him to furnish prescribed particulars to the Director of Medical Services as
to the children who are unvaccinated.
CAP. 242 [Rev. 2012]
Public Health
[Issue 1] 44
113. Prohibited methods of inoculation
Any person who inoculates himself or any other person with material taken
from a person suffering from smallpox or from a vaccine vesicle on another
person or by any method not prescribed in the rules shall be guilty of an offence.
114. Rules
The Minister, on the advice of the board, may make rules—
(a) prescribing the form of certificates, notices, returns and books of
record to be used in connexion with public vaccination, and defining
the information to be furnished therein, and requiring the furnishing
and prescribing the manner of use thereof by registrars of births,
public vaccinators, local authorities, medical practitioners, parents or
guardians of children, persons in charge of schools, employers of
labour and others;
(b) conferring powers and imposing duties, in connexion with the
carrying out or enforcement of vaccination, on magistrates, justices
of the peace, members of the police force or other Government
officers, local authorities, persons in charge of schools, employers of
labour, chiefs, headmen of locations and others;
(c) prescribing the conditions under which vaccine lymph may be
supplied free of charge to medical practitioners, municipal councils
and others;
(d) providing for the vaccination or revaccination of persons and
assigning where deemed desirable the responsibility for the carrying
out of such vaccination or revaccination to municipal councils or
employers of labour;
(e) as to the application and enforcement of the provisions of this Part
to persons entering Kenya, whether by land or sea, and for
requiring, where deemed necessary, the vaccination or
revaccination of any person before so entering.
[L.N. 188/1956, Sch., L.N. 173/1960, Sch., L.N. 41/1970, Sch.]
PART IX – SANITATION AND HOUSING
115. Nuisances prohibited
No person shall cause a nuisance or shall suffer to exist on any land or
premises owned or occupied by him or of which he is in charge any nuisance or
other condition liable to be injurious or dangerous to health.
116. Local authorities to maintain cleanliness and prevent nuisances
It shall be the duty of every local authority to take all lawful, necessary and
reasonably practicable measures for maintaining its district at all times in clean
and sanitary condition, and for preventing the occurrence therein of, or for
remedying or causing to be remedied, any nuisance or condition liable to be
injurious or dangerous to health, and to take proceedings at law against any
person causing or responsible for the continuance of any such nuisance or
condition.
[Rev. 2012] CAP. 242
Public Health
45 [Issue 1]
117. Health authorities to prevent or remedy danger to health from unsuitable
dwellings
It shall be the duty of every health authority to take all lawful, necessary and
reasonably practicable measures for preventing or causing to be prevented or
remedied all conditions liable to be injurious or dangerous to health arising from
the erection or occupation of unhealthy dwellings or premises, or the erection of
dwellings or premises on unhealthy sites or on sites of insufficient extent, or from
overcrowding, or from the construction, condition or manner of use of any factory
or trade premises, and to take proceedings against any person causing or
responsible for the continuance of any such condition.
[L.N. 256/1963, Fourth Sch., L.N. 41/1970, Sch.]
118. What constitutes nuisance
(1) The following shall be deemed to be nuisances liable to be dealt with in
the manner provided in this Part—
(a) any vessel, and any railway carriage or other conveyance, in such a
state or condition as to be injurious or dangerous to health;
(b) any dwelling or premises or part thereof which is or are of such
construction or in such a state or so situated or so dirty or so
verminous as to be, in the opinion of the medical officer of health,
injurious or dangerous to health, or which is or are liable to favour
the spread of any infectious disease;
(c) any street, road or any part thereof, any stream, pool, ditch, gutter,
watercourse, sink, water-tank, cistern, water-closet, earth-closet,
privy, urinal, cesspool, soak-away pit, septic tank, cesspit, soil-pipe,
waste-pipe, drain, sewer, garbage receptacle, dust-bin, dung-pit,
refuse-pit, slop-tank, ash-pit or manure heap so foul or in such a
state or so situated or constructed as in the opinion of the medical
officer of health to be offensive or to be injurious or dangerous to
health;
(d) any well or other source of water supply or any cistern or other
receptacle for water, whether public or private, the water from which
is used or is likely to be used by man for drinking or domestic
purposes or in connexion with any dairy or milkshop, or in connexion
with the manufacture or preparation of any article of food intended
for human consumption, which is in the opinion of the medical officer
of health polluted or otherwise liable to render any such water
injurious or dangerous to health;
(e) any noxious matter, or waste water, flowing or discharged from any
premises, wherever situated, into any public street, or into the gutter
or side channel of any street, or into any nullah or watercourse,
irrigation channel or bed thereof not approved for the reception of
such discharge;
(f) any stable, cow-shed or other building or premises used for keeping
of animals or birds which is so constructed, situated, used or kept as
to be offensive or which is injurious or dangerous to health;
(g) any animal so kept as to be a nuisance or injurious to health;
CAP. 242 [Rev. 2012]
Public Health
[Issue 1] 46
(h) any accumulation or deposit of refuse, offal, manure or other matter
whatsoever which is offensive or which is injurious or dangerous to
health;
(i) any accumulation of stones, timber or other material if such in the
opinion of the medical officer of health is likely to harbour rats or
other vermin;
(j) any premises in such a state or condition and any building so
constructed as to be likely to harbour rats;
(k) any dwelling or premises which is so overcrowded as to be injurious
or dangerous to the health of the inmates, or is dilapidated or
defective in lighting or ventilation, or is not provided with or is so
situated that it cannot be provided with sanitary accommodation to
the satisfaction of the medical officer of health;
(l) any public or other building which is so situated, constructed, used
or kept as to be unsafe, or injurious or dangerous to health;
(m) any occupied dwelling for which such a proper, sufficient and
wholesome water supply is not available within a reasonable
distance as under the circumstances it is possible to obtain;
(n) any factory or trade premises not kept in a clean state and free from
offensive smells arising from any drain, privy, water-closet, earth-
closet or urinal, or not ventilated so as to destroy or render harmless
and inoffensive as far as practicable any gases, vapours, dust or
other impurities generated, or so overcrowded or so badly lighted or
ventilated as to be injurious or dangerous to the health of those
employed therein;
(o) any factory or trade premises causing or giving rise to smells or
effluvia which are offensive or which are injurious or dangerous to
health;
(p) any area of land kept or permitted to remain in such a state as to be
offensive, or liable to cause any infectious communicable or
preventable disease or injury or danger to health;
(q) any chimney sending forth smoke in such quantity or in such
manner as to be offensive or injurious or dangerous to health;
(r) any cemetery, burial-place or place of sepulture so situated or so
crowded or otherwise so conducted as to be offensive or injurious or
dangerous to health;
(s) any act, omission or thing which is, or may be, dangerous to life, or
injurious to health.
(2) The author of a nuisance means the person by whose act, default or
sufferance nuisance is caused, exists or is continued, whether he is the owner or
occupier or both owner and occupier or any other person.
119. Notice to remove nuisance
The medical officer of health, if satisfied of the existence of a nuisance, shall
serve a notice on the author of the nuisance or, if he cannot be found, on the
occupier or owner of the dwelling or premises on which the nuisance arises or
continues, requiring him to remove it within the time specified in the notice, and
[Rev. 2012] CAP. 242
Public Health
47 [Issue 1]
to execute such work and do such things as may be necessary for that purpose,
and, if the medical officer of health think it desirable (but not otherwise),
specifying any work to be executed to prevent a recurrence of the said nuisance:
Provided that—
(i) where the nuisance arises from any want or defect of a structural
character, or where the dwelling or premises are unoccupied, the
notice shall be served on the owner;
(ii) where the author of the nuisance cannot be found and it is clear that
the nuisance does not arise or continue by the act or default or
sufferance of the occupier or owner of the dwelling or premises, the
medical officer of health shall remove the same and may do what is
necessary to prevent the recurrence thereof.
[L.N. 142/1963, Sch., L.N. 256/1963, Fourth Sch., L.N. 41/1970, Sch.]
120. Procedure if owner fails to comply with notice
(1) If the person on whom a notice to remove a nuisance has been served as
aforesaid fails to comply with any of the requirements thereof within the time
specified, the medical officer of health shall cause a complaint relating to such
nuisance to be made before a magistrate, and such magistrate shall thereupon
issue a summons requiring the person on whom the notice was served to appear
before his court.
(2) If the court is satisfied that the alleged nuisance exists, the court shall
make an order on the author thereof, or the occupier or owner of the dwelling or
premises, as the case may be, requiring him to comply with all or any of the
requirements of the notice or otherwise to remove the nuisance within a time
specified in the order and to do any works necessary for that purpose.
(3) The court may by such order impose a fine not exceeding two hundred
shillings on the person on whom the order is made, and may also give directions
as to the payment of all costs incurred up to the time of the hearing or making of
the order for the removal of the nuisance.
(4) If the court is satisfied that the nuisance, although removed since the
service of the notice, was not removed within the time specified in such notice,
the court may impose a fine not exceeding two hundred shillings on the person
on whom such notice was served, and may, in addition to or in substitution for
such fine, order such person to pay all costs incurred up to the time of the
hearing of the case.
(5) If the nuisance, although removed since the service of the notice, in the
opinion of the medical officer of health is likely to recur on the same premises,
the medical officer of health shall cause a complaint relating to such nuisance to
be made before a magistrate, and the magistrate shall thereupon issue a
summons requiring the person on whom the notice was served to appear before
him.
(6) If the court is satisfied that the alleged nuisance, although removed, is
likely to recur on the same premises, the court shall make an order on the author
thereof or the occupier or owner of the dwelling or premises, as the case may be,
requiring him to do any specified work necessary to prevent the recurrence of the
nuisance and prohibiting its recurrence.
CAP. 242 [Rev. 2012]
Public Health
[Issue 1] 48
(7) In the event of the person on whom such order as is specified in
subsections (5) and (6) not complying with the order within a reasonable time,
the medical officer of health shall again cause a complaint to be made to a
magistrate, who shall thereupon issue a summons requiring such person to
appear before him, and on proof that the order has not been complied with may
impose a fine not exceeding two hundred shillings, and may also give directions
as to the payment of all costs up to the time of the hearing.
(8) Before making any order, the court may, if it thinks fit, adjourn the hearing
or further hearing of the summons until an inspection, investigation or analysis in
respect of the nuisance alleged has been made by some competent person.
(9) Where the nuisance proved to exist is such as to render a dwelling unfit,
in the judgment of the court, for human habitation, the court may issue a closing
order prohibiting the use thereof as a dwelling until in its judgment the dwelling is
fit for that purpose; and may further order that no rent shall be due or payable by
or on behalf of the occupier of that dwelling in respect of the period in which the
closing order exists; and on the court being satisfied that it has been rendered fit
for use as a dwelling the court may terminate the closing order and by a further
order declare the dwelling habitable, and from the date thereof such dwelling
may be let or inhabited.
(10) Notwithstanding a closing order, further proceedings may be taken in
accordance with this section in respect of the same dwelling in the event of any
nuisance occurring or of the dwelling being again found to be unfit for human
habitation.
[L.N. 256/1963, Fourth Sch., L.N. 41/1970, Sch.]
121. Penalty respecting nuisances
(1) Any person who fails to obey an order to comply with the requirements of
the medical officer of health or otherwise to remove the nuisance shall, unless he
satisfies the court that he has used all diligence to carry out such order, be guilty
of an offence and liable to a fine not exceeding one thousand five hundred
shillings for every day during which the default continues; and any person wilfully
acting in contravention of a closing order issued under section 120 shall be guilty
of an offence and liable to a fine not exceeding one thousand five hundred
shillings for every day during which the contravention continues.
(2) The medical officer of health may in such case enter the premises to
which any such order relates, and remove the nuisance and do whatever may be
necessary in the execution of such order, and recover in any competent court the
expenses incurred from the person on whom the order is made.
[L.N. 256/1963, Fourth Sch., L.N. 41/1970, Sch., Act No. 2 of 2002, Sch.]
122. Court may order health authority to execute works in certain cases
Whenever it appears to the satisfaction of the court that the person by whose
act or default the nuisance arises, or that the owner or occupier of the premises,
is not known or cannot be found, the court may at once order the health authority
to execute the works thereby directed, and the cost of executing the same shall
be a charge on the property on which the said nuisance exists.
[L.N. 256/1963, Fourth Sch., L.N. 41/1970.]
[Rev. 2012] CAP. 242
Public Health
49 [Issue 1]
123. Examination of premises
The health authority or any of its officers, or the medical officer of health, or
any sanitary inspector, or, on the order of a magistrate, any police officer of or
above the rank of Inspector, may enter any building or premises for the purpose
of examining as to the existence of any nuisance therein at all reasonable times;
and the health authority or any of its officers may if necessary open up the
ground of such premises and cause the drains to be tested, or such other work to
be done as may be necessary for the effectual examination of the said premises:
Provided that if no nuisance is found to exist the authority shall restore the
premises at its own expense.
[L.N. 256/1963, Fourth Sch., L.N. 41/1970, Sch.]
124. Demolition of unfit dwellings
(1) Where any such nuisance as is mentioned in section 118 is proved to
exist with respect to a dwelling, and the court is satisfied that such dwelling is so
dilapidated or so defectively constructed or so situated that repairs to or
alterations of the same are not likely to remove the nuisance and make such
dwelling fit for human habitation, the court may order the owner thereof to
commence to demolish the dwelling and any other structures on the premises on
or before a specified day, being at least one month from the date of issuing the
order, and to complete the demolition and to remove the materials which
comprised the same from the site before another specified day.
(2) The court shall give notice to the occupier of a dwelling in respect of
which such an order has been issued requiring him to move therefrom within a
time to be specified in such notice, and if any person fails to comply with such
notice or enter the dwelling or premises after the date fixed except for the
purpose of demolition he shall be guilty of an offence.
(3) If any person fails to comply with such an order for demolition, he shall be
guilty of an offence and liable to pay the daily fine provided in section 121, and
the health authority may cause the dwelling and any other structures on the
premises to be demolished, and may recover from the owner the expense
incurred in doing so after deducting the net proceeds of the sale of the materials,
which the health authority may sell by auction.
(4) No compensation shall be paid by the health authority to the owner or
occupier of any dwelling or other structure in respect of the demolition thereof as
aforesaid, and from the date of the demolition order no rent shall be due or
payable by or on behalf of the occupier in respect of such dwelling or structure.
(5) In this section, “the court” means a subordinate court of the first class.
[Act No. 36 of 1962, Sch., L.N. 256/1963, Fourth Sch., L.N. 41/1970, Sch.]
125. Duty of department as to overcrowding, etc.
It shall be the duty of the Medical Department—
(a) to collect, investigate and consider and publish the facts as to any
overcrowding or bad or insufficient housing in the various districts of
Kenya;
(b) to inquire into the best methods of dealing with any overcrowding or
bad housing so ascertained to exist;
CAP. 242 [Rev. 2012]
Public Health
[Issue 1] 50
(c) to make or publish such recommendations as may seem necessary
in respect of the result of any such investigation or inquiry.
126. Rules under Part
The Minister, on the advice of the board, may make rules and may confer
powers and impose duties in connexion with the carrying out and enforcement
thereof on local authorities, magistrates, owners and others as to—
(a) the inspection of land, dwellings, buildings, factories and trade
premises, and for securing the keeping of the same clean and free
from nuisance and so as not to endanger the health of the inmates
or the public health;
(b) the construction of buildings, the provision of proper lighting and
ventilation and the prevention of over-crowding;
(c) the periodical cleansing and whitewashing or other treatment of
dwellings, and the cleansing of land attached thereto, and the
removal of rubbish or ref-use therefrom;
(d) the drainage of land, streets or premises, the disposal of offensive
liquids and the removal and disposal of rubbish, refuse, manure and
waste matters;
(e) the standard or standards or purity of any liquid which, after
treatment in any purification works, may be discharged therefrom as
effluent;
(f) the keeping of animals or birds and the construction, cleanliness
and drainage of places where animals or birds are kept;
(g) the establishment and carrying on of factories or trade premises
which are liable to cause offensive smells or effluvia, or to discharge
liquid or other material liable to cause such smells or effluvia, or to
pollute streams, or are otherwise liable to be a nuisance or injurious
or dangerous to health, and for prohibiting the establishment or
carrying on of such factories or trade premises in unsuitable
localities or so as to be a nuisance or injurious or dangerous to
health;
(h) the subdivision and general lay-out of land intended to be used as
building sites, the level construction, number, direction and the width
of streets and thoroughfares, the limitation of the number of
dwellings or other buildings to be erected on such land, the
proportion of any building site which may be built upon and the
establishment of zones within which different limitations shall apply
and of zones within which may be prohibited the establishment or
conduct of occupations or trades likely to cause nuisance or
annoyance to persons residing in the neighbourhood;
(i) the inspection of the district of any local authority by that local
authority with a view to ascertain whether the lands and buildings
thereon are in a state to be injurious or dangerous to health, and the
preparation, keeping and publication of such records as may be
required.
[L.N. 188/1956, Sch., L.N. 173/1960, Sch.]
[Rev. 2012] CAP. 242
Public Health
51 [Issue 1]
126A. By-laws as to buildings and sanitation
(1) Every municipal council and every urban and area council may, and shall
if so required by the Minister for the time being responsible for local government
with the agreement of the Minister, make by-laws for all or any of the following
matters—
(a) as regards buildings—
(i) for controlling the construction of buildings, and the materials
to be used in the construction of buildings;
(ii) for controlling the space about buildings, the lighting and
ventilation of buildings and the dimensions of rooms intended
for human habitation;
(iii) for controlling the height of buildings, and the height of
chimneys (not being separate buildings) above the roof of the
buildings of which they form part;
(iv) for prohibiting the erection or use of temporary or movable
buildings, whether standing on wheels or otherwise, and for
prohibiting or restricting the use of tents or similar buildings for
business or dwelling purposes;
(v) for requiring and regulating adequate provision for the escape
of the occupants of any building in the event of an outbreak of
fire;
(vi) for preventing the occupation of a new or altered building until
a certificate of the fitness thereof for occupation or habitation
has been issued by such local authority;
(vii) to compel employers to provide housing for their employees;
(viii) to compel owners to repair or demolish unsafe dangerous or
dilapidated buildings;
(b) as regards works and fittings—
(i) for regulating sanitary conveniences in connexion with
buildings, the drainage of buildings (including the means for
conveying refuse water and water from roofs and from yards
appurtenant to buildings), the cleansing, drainage and paving
of courts, yards and open spaces used in connexion with
buildings and cesspools, and other means for the reception or
disposal of foul matter in connexion with buildings;
(ii) for regulating excavations of any kind in connexion with
buildings;
(iii) for regulating wells, tanks and cisterns for the supply of water
for human consumption in connexion with buildings;
(iv) for regulating stoves and other fittings in buildings (not being
electric stoves or fittings), in so far as by-laws with respect to
such matters are required for the purposes of health and the
prevention of fire;
(v) for regulating private sewers and communications between
drains and sewers and between sewers;
CAP. 242 [Rev. 2012]
Public Health
[Issue 1] 52
(vi) for regulating the erection and use of scaffolding and hoarding
during the construction, demolition, repair, alteration or
extension of any building;
(vii) for prohibiting, securing the removal of and regulating
projections and obstructions in front of buildings, and
projections over streets,
but no such by-law shall be inconsistent with or repugnant to any written law in
force in the same area made under any other provision of this Act.
(2) By-laws made under this section may include provisions—
(a) as to the giving of notices and the deposit of plans, sections,
specifications and written particulars; and
(b) as to the inspection of work the testing of drains and sewers, and
the taking by such local authority as aforesaid of samples of
materials to be used in the construction of buildings, or in the
execution of other works, and for the payment of such reasonable
charges and fees as the local authority may determine, for the doing
of any of the things aforesaid.
(3) By-laws under subparagraphs (i), (ii) and (iii) of subsection (1)(a) may be
made with respect to—
(a) structural alterations or extensions of buildings, and buildings so far
as affected by alterations or extensions;
(b) buildings or parts of buildings in cases where any material change,
within the meaning of subsection (4), takes place in the purposes for
which a building or, as the case may be, a part of a building is used,
and, so far as they relate to the matters mentioned in this subsection, may be
made to apply to buildings erected before the date on which the by-laws came
into force, but, save as aforesaid, shall not apply to buildings erected before that
date.
(4) For the purposes of subsection (3), there shall be deemed to be a
material change in the purposes for which a building, or a part of a building, is
used if—
(a) a building, or a part of a building, being a building or part which was
not originally constructed for occupation as a dwelling, or which
though so constructed has been appropriated to other purposes,
becomes used as a dwelling; or
(b) a building, or a part of a building, being a building or part which was
originally constructed for occupation as a dwelling by one family
only, becomes occupied by two or more families; or
(c) where by-laws contain special provisions with respect to buildings
used for any particular purpose, a building or a part of a building,
being a building or part not previously used for that purpose,
becomes so used.
(5) The procedure for the making, approval and publication of by-laws made
under this section shall be that prescribed in the Local Government Act (Cap. 265),
and for the purposes of the enforcement thereof and the disposal of fines
[Rev. 2012] CAP. 242
Public Health
53 [Issue 1]
imposed for contravention thereof such by-laws shall be deemed to be by-laws
made by the same local authority under that Act.
(6) Rules may be made under any other provision of this Act notwithstanding
that they may be inconsistent with or repugnant to any by-law made under this
section and in force in the area to which such rules apply, and to the extent, if
any, of such inconsistency or repugnancy as aforesaid, the rules shall prevail.
[L.N. 256/1963, Fourth Sch.]
126B. Power to relax requirements of building by-laws
Where a local authority considers that the operation of any building by-law
made by it under section 126A would be unreasonable in relation to any
particular case, it may, with the consent of the Minister for the time being
responsible for local government given with the agreement of the Minister, relax
the requirements of the by-law or dispense with compliance therewith:
Provided that the local authority shall give notice of any such proposed
relaxation of dispensation in such manner and to such persons, if any, as the
Minister for the time being responsible for local government may direct, and that
the Minister shall not give his consent before the expiration of one month from
the giving of the notice and, before giving his consent, shall take into
consideration any objection which may have been received by him.
[L.N. 256/1963, Fourth Sch.]
126C. Passing or rejection of plans and retention of plans, etc.
(1) Where plans of any proposed work are, in accordance with any building
by-laws made under section 126A, deposited with a local authority, the local
authority shall, subject to any other provisions of this Act, or any rule or By-law
made thereunder which expressly requires or authorizes it in certain cases to
reject plans, pass the plans unless they either are defective, or show that the
proposed work would contravene any of those rules or by-laws, and, if the plans
are defective or would contravene any of those rules or by-laws, such local
authority shall reject the plans.
(2) The local authority shall within the prescribed period from the deposit of
the plans give notice to the person by whom or on whose behalf they were
deposited whether or not they are passed, and—
(a) a notice of rejection shall specify the defects on account of which, or
the by-law or the provision of this Act or the rule (if any) made
thereunder for non-conformity with which, or under the authority of
which, the plans have been rejected; and
(b) a notice that plans have been passed shall state that the passing of
the plans operates as an approval thereof only for the purposes of
the requirements of the said building by-laws and of any such
provision of this Act or any rule made thereunder as is referred to in
subsection (1).
(3) Any question arising under this section between a local authority and the
person by whom or on whose behalf plans are deposited as to whether the plans
CAP. 242 [Rev. 2012]
Public Health
[Issue 1] 54
are defective, or whether the proposed work would contravene any of the said
building by-laws may, on the application of that person, be determined by a
subordinate court of the first class:
Provided that no such application shall be entertained unless it is made
before the proposed work has been substantially commenced.
(4) For the purposes of this section, the prescribed period in relation to the
passing or rejection of plans is one month, but building by-laws made under
section 126A by a local authority whose meetings are normally held not more
frequently than once a month, may provide that in the case of plans deposited
less than three clear days before a meeting of the local authority the prescribed
period shall be five weeks:
Provided that the local authority may, within the said period of one month or
five weeks, as the case may be, by notice in writing extend such period in the
case of any particular application for a further period of one month.
(5) Building by-laws made under section 126A may—
(a) require that plans and other documents to be deposited in
pursuance of the by-laws shall be deposited in such number of
copies as the local authority may stipulate and, if the by-laws
contain such a requirement the local authority may retain one or
more copy of any plans or other documents so deposited, whether
or not the plans are passed; and
(b) require the payment of such reasonable fee as the local authority
may determine for the examination by it of any plans or other
documents deposited with it pursuant to such by-laws; and
(c) stipulate the period within which a building shall be commenced and
completed.
[L.N. 256/1963, Fourth Sch.]
126D. Power to require removal or alteration of work in certain cases
(1) If any work, to which building by-laws made under section 126A are
applicable, contravenes any of those by-laws, the local authority which made
them, without prejudice to its right to take proceedings in respect of the
contravention, may by notice require the owner either to pull down or remove the
work or, if he so elects, to effect such alterations therein as may be necessary to
make it comply with the by-laws.
(2) In a case where the local authority is, by any provision in this Act other
than section 126C or by any rules made thereunder other than building by-laws
made under section 126A, expressly required or authorized to reject plans, then,
if any work to which such building by-laws are applicable is executed either
without plans having been deposited, or notwithstanding the rejection of the
plans, or otherwise than in accordance with any requirements subject to which
the local authority passed the plans, the local authority may by notice to the
owner either require him to pull down or remove the work, or if he so elects, to
comply with any other requirements specified in the notice, being requirements
which the local authority might have made under the provision or rule in question
as a condition of passing plans.
[Rev. 2012] CAP. 242
Public Health
55 [Issue 1]
(3) A notice under subsection (1) or subsection (2) may be served either
personally or by registered post or by attaching the same to such work or by
advertisement in not less than two consecutive issues of a newspaper circulating
in the area in which such work is situate.
(4) Where such local authority is unable to ascertain the name and address
of the owner of the work, the owner of the land upon which the work stands shall,
upon being required in writing so to do by the local authority within twenty-eight
days of the date of the service of such requirement, furnish the local authority
with full particulars of the name and address of the owner of such work, and if the
owner of the land without reasonable excuse fails to furnish the said particulars
within the time prescribed and if he in furnishing the particulars makes any
statement which proves to be false he shall be guilty of an offence and shall be
liable to a fine not exceeding one thousand shillings, and if he shall thereafter
continue to withhold the said particulars he shall be liable to a further fine not
exceeding thirty shillings for every day during which such offence shall continue.
(5) If a person to whom notice has been given under subsection (1) or
subsection (2) fails to comply with the notice before the expiration of twenty-eight
days, or such longer period as may be specified in the notice or as a subordinate
court of the first class may on his application allow, the local authority which gave
the notice may pull down or remove the work in question, and may if it thinks fit
sell the materials thereof or effect such alterations therein as it deems necessary.
(6) The amount of any expenses incurred by a local authority under
subsection (5), after giving credit for any amount realized by the sale of materials
if sold, shall be a civil debt recoverable summarily by the local authority from the
owner of the work and the owner of the land upon which the work is situate jointly
and severally and the right of a local authority to recover any such amount, or
any part thereof, from any person under this subsection shall not be barred by
reason only of the local authority having obtained judgment for the same, or any
part thereof, against any other person, and where any person liable therefor pays
to such local authority the full amount of any such expenses, he may recover
from any other person liable jointly therefor such contribution, if any, as a
subordinate court of the first class may determine to be just and equitable.
(7) Any surplus in the hands of the local authority shall be paid by it to the
owners of the work and the land on which the same is situate as those owners
agree; and if the owners do not agree as to the division of such surplus the local
authority shall be deemed by virtue of this subsection to be a trustee of the
surplus for such owners, and section 63 of the Trustee Act (Cap. 167) (which
relates to payment into court by trustees) shall have effect accordingly.
(8) The court, in determining for the purposes of this section the shares in
which any expenses shall be contributed by, or any surplus shall be divided
between, two or more persons, shall have regard to their respective interests in
the work and the land on which the same is situate, the right (if any) of the owner
of the work to remove the same, the respective obligations and liabilities of the
parties in respect of the maintenance and repair of the work, and all the other
circumstances of the case.
(9) By-laws made under section 126A may provide for compensation to be
payable by the local authority to the owner or occupier of any work pulled down
CAP. 242 [Rev. 2012]
Public Health
[Issue 1] 56
or removed, for such reasons or in such circumstances as may be specified in
the by-laws by such local authority under section 126A(3) but, save as aforesaid,
no compensation shall be payable for any work so removed or pulled down.
(10) No such notice as is mentioned in subsection (1) or subsection (2) shall
be given after the expiration of twelve months from the date of the completion of
the work in question, and, in any case where plans were deposited, it shall not be
open to the local authority to give such a notice on the ground that the work
contravenes any building by-laws made under section 126A, or, as the case may
be, does not comply with its requirements under any other provision of this Act or
rules made thereunder as aforesaid, if either the plans were passed by the local
authority, or notice of their rejection was not given within the prescribed period
from the deposit thereof, and if the work has been executed in accordance with
the plans and of any requirement made by the local authority as a condition of
passing the plans.
(11) Nothing in this section shall affect the right of a local authority, or of the
Attorney-General, or of any other person, to apply for an injunction for the
removal or alteration of any work on the grounds that it contravenes any by-law
or any provision in this Act, but if the work is one in respect of which plans were
deposited and the plans were passed by the local authority or notice of their
rejection was not given within the prescribed period after the deposit thereof, and
if the work has been executed in accordance with the plans, the court on granting
the injunction shall have power to order the local authority to pay to the owner of
the work such compensation as the court thinks just, but before making any such
order the court shall cause the local authority, if not a party to the proceedings, to
be joined as a party thereto.
[L.N. 256/1963, Fourth Sch.]
PART X – PROTECTION OF FOODSTUFFS
127. Construction and regulation of buildings used for storage of foodstuffs
(1) All warehouses, godowns or buildings of whatever nature used for the
storage of foodstuffs shall be constructed of such materials and in such manner
as shall in the opinion of the medical officer of health render such warehouse,
godown or building rat-proof.
(2) Where any warehouse, godown or building intended for the storage of
foodstuffs aforesaid has fallen into a state of disrepair, or does not in the opinion
of the medical officer of health afford sufficient protection against rat invasion by
reason of the materials used in the construction of the same being defective, the
medical officer of health may by written notice require the owner to effect such
repairs and alterations as the notice shall prescribe within a time to be specified
in the said notice, and if such requirement is not complied with the health
authority may enter upon the premises and effect such repairs and alterations,
and may recover all costs and expenses incurred from the owner.
(3) Where in the opinion of the medical officer of health and foodstuffs within
a warehouse, godown or building are insufficiently protected, the owner thereof
[Rev. 2012] CAP. 242
Public Health
57 [Issue 1]
shall observe all written instructions and directions of the medical officer of health
within a time to be specified in the said notice for the better protection of the
same:
Provided that in the case of any prosecution under this section the court
may in its discretion acquit the accused if it is satisfied that all reasonable steps
have been taken to exclude rats having regard to all the circumstances of the
case.
[L.N. 41/1970, Sch.]
128. Prohibition of residing or sleeping in kitchens or food stores
(1) No person shall reside or sleep in any kitchen or room in which foodstuffs
are prepared or stored for sale.
(2) If it appears to the medical officer of health that any such kitchen or room
is being so used contrary to the provisions of this section, or that any part of the
premises adjoining the room in which foodstuffs are stored or exposed for sale is
being used as a sleeping apartment under such circumstances that the foodstuffs
are likely to be contaminated or made unwholesome, he may serve upon the
offender or upon the owner of the house, or upon both, a notice calling for such
measures to be taken as will prevent the improper use of such kitchen and
premises within a time to be specified in the notice, and if such notice is not
complied with the party upon whom it was served shall be guilty of an offence.
PART XI – PUBLIC WATER SUPPLIES, MEAT, MILK AND OTHER
ARTICLES OF FOOD
129. Duty of local authority as to protection of water supplies
It shall be the duty of every local authority to take all lawful, necessary and
reasonably practicable measures—
(a) for preventing any pollution dangerous to health of any supply of
water which the public within its district has a right to use and does
use for drinking or domestic purposes (whether such supply is
derived from sources within or beyond its district); and
(b) for purifying any such supply which has become so polluted,
and to take measures (including, if necessary, proceedings at law) against any
person so polluting any such supply or polluting any stream so as to be a
nuisance or danger to health.
130. Rules for protection of water supplies
(1) The Minister, on the advice of the board, may make, and impose on local
authorities and others the duty of enforcing, rules in respect of defined areas—
(a) prohibiting bathing in, and prohibiting or regulating the washing of
clothes or other articles or of animals in, or in any place draining
into, any such water supply as is mentioned in section 129;
(b) prohibiting or regulating the erection of dwellings, sanitary
conveniences, stables, cattle-kraals, pig-styes, ostrich-pens, dipping
tanks, factories or other works likely to entail risk of harmful pollution
CAP. 242 [Rev. 2012]
Public Health
[Issue 1] 58
of any such water supply, or prohibiting or regulating the deposit in
the vicinity of, or in any place draining into, any such supply of any
manure, filth or noxious or offensive matter or thing,
and generally, for preventing the pollution dangerous to health of any supply of
water which the public within its district has a right to use and does use for
drinking or domestic purposes and for purifying any such supply which has
become so polluted, and for preventing the pollution of streams so as to be a
nuisance or a danger to health.
(2) Rules under this section shall be made with due regard to the interests of
agricultural or any other industries.
[L.N. 188/1956, Sch., L.N. 173/1960, Sch.]
131. Sale of unwholesome food prohibited
(1) No person shall sell or expose for sale or import or bring into any market
or have in his possession without reasonable excuse any food for man in a
tainted, adulterated, diseased or unwholesome state, or which is unfit for use, or
any food for any animal which is in an unwholesome state or unfit for their use,
and any medical officer of health, veterinary officer, sanitary inspector, meat
inspector or police officer of or above the rank of Inspector may seize any such
food, and any magistrate on the recommendation of the medical officer of health,
a sanitary inspector or a veterinary officer may order it to be destroyed, or to be
so disposed of as to prevent it from being used as food for man or animal as the
case may be.
(2) No person shall collect, prepare, manufacture, keep, transmit or expose
for sale any foodstuffs without taking adequate measures to guard against or
prevent any infection or contamination thereof.
132. Seizure of unwholesome foods
Any medical officer of health, or other person duly authorized by the health
authority in writing, may, at any time between the hours of 6 a.m. and 6 p.m.,
enter any shop or premises used for the sale or preparation for sale or storage
of food to inspect and examineany food found therein which he has reason to
believe is intended to be used as human food, and should such food appear to
such officer to be unfit for such use he may seize the same, and any magistrate
may order it to be disposed of as in section 131; the proof that such food was not
exposed or deposited for any such purpose shall rest with the person charged.
[L.N. 256/1963, Fourth Sch., L.N. 41/1970, Sch.]
133. Penalty respecting unwholesome food
Any person in whose possession there is found any food liable to seizure
under section 131 or section 132 shall further be guilty of an offence and liable to
a fine not exceeding two hundred thousand shillings or to imprisonment for a
term not exceeding three years or to both.
[Act No. 2 of 2002, Sch.]
134. Rules for protection of food
The Minister, on the advice of the board, may make rules regarding all or any
of the following matters—
(a) the inspection of dairy stock and of animals intended for human
consumption, and of dairies, stock-sheds or yards, milk-shops, milk-
[Rev. 2012] CAP. 242
Public Health
59 [Issue 1]
vessels and slaughterhouses, and of factories, stores, shops and
other places where any article of food is manufactured or prepared
or kept;
(b) the taking and examination of samples of milk, dairy produce, meat
or other articles of food and the removal or detention, pending
examination or inquiry, of animals or articles which are suspected of
being diseased or unsound or unwholesome or unfit for human
consumption, and the seizure and destruction or treatment, or
disposal so as not to endanger health, of any such article which is
found to be unwholesome or unsound or diseased or infected or
contaminated, and of diseased animals sold or intended or offered
or exposed for sale for human consumption; and such rules may
empower a medical officer of health, or in the case of meat a
veterinary officer, to detain, seize or destroy any diseased, unsound
or unwholesome article of food, but shall not confer on any other
person any power beyond that of detention of such article for the
purpose of examination by a medical officer of health, or in the case
of meat a veterinary officer;
(c) fixing standards of cleanliness of milk, and prescribing the warning
to be given to any cow-keeper, dairyman or purveyor of milk that
any milk sold or kept or transmitted or exposed for sale by him has
been found to be below any such standard, and the issue of orders
prohibiting the sale or the keeping or exposure for sale of milk from
any particular animal or animals, or requiring the closing of any dairy
stock-shed or yard or milk-shop the milk from which is found, after
analysis and official warning, to be below any such standard;
(d) the conveyance and distribution of milk and the labelling or marking
of receptacles used for the conveyance of milk;
(e) the veterinary inspection of dairy stock, the sampling and
bacteriological examination of milk and dairy produce and the
prevention of the sale, or the keeping, transmission or exposure for
sale, of milk from a diseased or infected animal;
(f) the duties of cow-keepers, dairymen and purveyors of milk in
connexion with the occurrence of infectious disease amongst person
residing or employed in or about their premises and the furnishing
by them of the names and addresses of their customers, and of
cow-keepers in connexion with reporting the occurrence, in animals
on the premises or any dairy cattle of diseases which are
communicable to man and of any disease of the udder;
(g) the inspection and examination of, and the regulation, inspection
and supervision of the manufacture, preparation, storage, keeping
and transmission of, any article of food intended for sale or for
export, and the prohibition of the manufacture, preparation storage,
keeping transmission, sale or export of any such article which is, or
contains an ingredient which is, diseased or unsound or unfit for
human consumption, or which has been exposed to any infection or
contamination;
(h) the establishment, locality, supervision, equipment, maintenance
and management of slaughterhouses and the disposal of the waste
CAP. 242 [Rev. 2012]
Public Health
[Issue 1] 60
products of slaughtering and the inspection of slaughterhouses and
the animals therein, and prohibiting, restricting or regulating the
slaughtering or animals;
(i) prohibiting the importation of any article of food which is not clean,
wholesome, sound and free from any disease or infection or
contamination, and the seizure and disposal by destruction or
otherwise of any such article so imported;
(j) the preparation, manufacture or importation and the storage and
sale of or trade in articles of food which are packed in air-tight
receptacles or are otherwise preserved, and the marking of any
such article or receptacle with the date of manufacture or
preparation;
(k) prohibiting the importation, sale, possession or use of vessels which
are intended to contain milk or any liquid or semi-solid article of food
and which are rusty or defectively soldered or are made of material
containing in any part likely to come in contact with the contents,
lead or other poisonous or injurious substance in such proportion as
to be likely to cause injury or danger to health, and fixing the
maximum proportions of such substances which may be used in
such vessels;
(l) in relation to food intended for sale or export, prescribing standards
of composition, strength and quality, for the prevention of
adulteration, misbranding, misdescription or reduction below a
prescribed standard and for securing the sale in a pure state and in
a condition which conforms with such standards.
[L.N. 188/1956, Sch., L.N. 173/1960, Sch.]
135. Orders for protection of food
The Minister, on the advice of the Board, may make orders—
(a) requiring the medical examination of any person in any premises in
which any milk or dairy produce or other article of food intended for
sale is collected, kept, sold or exposed for sale, or of any person
who has been engaged in the collection, preparation, keeping,
conveyance or distribution of any such milk or produce or article;
(b) prohibiting the registration as cow-keeper, dairyman or purveyor of
milk, or the employment in connexion with the collection,
preparation, storage, distribution or sale of milk, or dairy produce or
any article of food, of any person who has been proved to be a
carrier of the infection of typhoid or enteric fever or other infectious
disease;
(c) requiring the closing of any stock-shed or yard, dairy or milk-shop,
or the exclusion from any stock-shed or dairy premises of any
animal the milk from which is believed to have conveyed or to be
liable to convey any infectious disease;
(d) prohibiting the sale or exposure for sale of milk by any cow-keeper,
dairyman or purveyor of milk who has been three times convicted of
offences under any laws or rules regarding the milk trade.
[L.N. 187/1956, Sch., L.N. 172/1960.]
[Rev. 2012] CAP. 242
Public Health
61 [Issue 1]
135A. Powers of certain municipal councils respecting milk, etc.
(1) Every municipal council may with the approval of the Minister make by-
laws applicable to its area for all or any of the following purposes—
(a) for regulating, supervising and licensing purveyors of milk and ice-
cream makers and vendors;
(b) for regulating, inspecting, supervising and licensing dairies and milk-
shops;
(c) for regulating the conveyance and distribution and securing the
identification of the source of milk or milk products distributed,
offered for sale or sold within its area of jurisdiction;
(d) for prescribing the conditions subject to which any milk or milk
products, wherever produced or prepared, may be introduced,
distributed, stored, sold or used within its area of jurisdiction;
(e) for enabling such municipal council to certify the quality of any milk
and prohibiting the unauthorized use of any terms employed by the
municipal council in denoting such quality; and
(f) for prohibiting the introduction, distribution, storage, sale or use
within its area of jurisdiction of any milk or milk products from any
source within or without such area where it appears to such
municipal council or a committee thereof, on the certificate of its
medical officer of health or such other person as the municipal
council may authorize in that behalf, that the consumption of such
milk or milk products is likely to cause the outbreak or spread of any
infectious or contagious diseases,
but no such by-law or rule shall be inconsistent with or repugnant to any rule or
order under section 134 or section 135 in force in the area of jurisdiction of such
municipal council.
(2) The procedure for the making, approval and publication of by-laws or
rules made under this section shall be that prescribed in the Local Government
Act (Cap. 265) and for the purpose of the enforcement thereof, and the disposal
of fines imposed for contravention thereof, such by-laws or rules, as the case
may be, shall be deemed to be by-laws or rules made by the same municipal
council under this Act.
(3) Rules may be made under section 134 and orders may be made under
section 135 notwithstanding that they may be inconsistent with or repugnant to
any by-law or rule of a municipal council and in force in the area to which such
rules or orders shall prevail over such By-law or rules of the municipal council.
[L.N. 256/1963, Fourth Sch., L.N. 41/1970, Sch., Act No. 17 of 2006, s. 16.]
PART XII – PREVENTION AND DESTRUCTION OF MOSQUITOES
136. Breeding places of mosquitoes to be nuisances
For the purposes of this Act—
(a) all collections of water, sewage, rubbish, refuse, ordure or other fluid
or solid substances which permit or facilitate the breeding or
multiplication of animal or vegetable parasites of men or domestic
CAP. 242 [Rev. 2012]
Public Health
[Issue 1] 62
animals, or of insects or of other agents, which are known to carry
such parasites or which may otherwise cause or facilitate the
infection of men or domestic animals by such parasites;
(b) any collection of water in any well, pool, gutter, channel, depression,
excavation, barrel, tub, bucket or any other article, and found to
contain any of the immature stages of the mosquito;
(c) any cesspit, latrine, urinal, dung-pit or ash-pit found to contain any of
the immature stages of the mosquito,
shall be nuisances liable to be dealt with in the manner hereinbefore provided for
the treatment of nuisances.
137. Yards to be kept free from bottles, whole or broken, etc.
(1) The occupier or owner of any premises shall keep such premises free
from all bottles, whole or broken, whether fixed on walls or not, tins, boxes,
calabashes, earthenware vessels, shells or any other articles which are kept so
that they are likely to retain water.
(2) Any occupier or owner of any premises who fails to comply with the
provisions of subsection (1) shall be guilty of an offence and liable to a fine not
exceeding one hundred shillings.
138. Premises not to be overgrown
No person shall within a township permit any premises or lands owned or
occupied by him or over which he has control to become overgrown with bush or
long grass of such a nature as, in the opinion of the medical officer of health, to
be likely to harbour mosquitoes.
139. Wells, etc., to be covered
(1) It shall not be lawful for any person to keep, or for the occupier or owner
of any premises to allow to be kept thereon, any collection of water in any well,
barrel, tub, bucket, tank or other vessel intended for the storage of water, unless
such well, barrel, tub, bucket, tank or other vessel is fitted with a sufficient cover
and is properly protected or screened to the satisfaction of the medical officer of
health so as to prevent the ingress of mosquitoes into the same.
(2) Any person offending against the provisions of subsection (1) shall be
guilty of an offence and liable to a fine not exceeding one hundred shillings, and
after notice received from the medical officer of health to a further fine not
exceeding twenty shillings for each day during which he makes default.
140. Cesspits to be screened
The occupier or owner of any premises upon or attached to which is any
cesspit shall cause such cesspit to be properly protected or screened to the
satisfaction of the medical officer of health so as to prevent the ingress of
mosquitoes into the same, and in default he shall be guilty of an offence and
liable to a fine not exceeding one hundred shillings, and to a further fine not
exceeding twenty shillings for each day during which he continues to make such
default after notice received from the health authority to comply with the
provisions of this section.
[L.N. 256/1963, Fourth Sch., L.N. 41/1970, Sch.]
[Rev. 2012] CAP. 242
Public Health
63 [Issue 1]
141. Gutters may be required to be perforated
It shall be lawful for the medical officer of health by written notice to require
the occupier or owner of any premises upon or attached to which is any gutter,
pipe, groove or waterway used or intended for carrying off water from any roof or
other place to cause the same to be perforated by holes at least every two feet in
such a manner as to prevent the collection or accumulation of water therein, and
if any person duly served with such notice fails to comply with the provisions
thereof within such times as may be specified therein he shall be guilty of an
offence and liable to a fine not exceeding one hundred shillings, and to a further
fine not exceeding twenty shillings for each day during which he continues to
make such default.
142. Larvae, etc., may be destroyed
Where any of the immature stages of the mosquito are found on any premises
in any collection of water in any cesspit, well, pool, channel, barrel, tub, bucket,
tank or any other vessel, or in any bottle, whole or broken, whether fixed on a
wall or not, tin, box, calabash, shell or any other article, it shall be lawful for the
medical officer of health, health inspector or any person specially authorized in
writing in that behalf by the Director of Medical Services or the medical officer of
health to take immediate steps to destroy any such immature stages of the
mosquito by the application of oil or larvicide or otherwise, and to take such
action as is necessary to prevent the recurrence of the nuisance and to render
any pools or collections of water unfit to become breeding places for mosquitoes.
143. Mere presence of mosquito larvae an offence
Notwithstanding any provision of this Act, the occupier or owner of any house
or premises, or the owner or person having the charge of any vessel, timber,
cask or other article, in or about which there is any collection of water found by
the medical officer of health, health inspector or any other person appointed in
writing by the Director of Medical Services or the medical officer of health as an
inspector for the purpose to contain any of the immature stages of the mosquito
shall be guilty of an offence and liable in respect of each and every such
collection of water to a fine not exceeding one hundred shillings, or in default to
be imprisoned for seven days.
PART XIII – CEMETERIES
144. Dead to be buried in appointed cemeteries
(1) It shall be lawful for the Minister to select and appoint and to notify in the
Gazette sufficient and proper places to be the sites of and to be used as
cemeteries; and it shall be obligatory where such cemeteries exist to bury the
dead in such cemeteries in conformity with the provisions of rules made by any
local authority.
(2) Any person who is guilty of a breach of any such rule shall be guilty of an
offence and liable to a fine not exceeding one thousand five hundred shillings.
[L.N. 187/1956, Sch., L.N. 172/1960, Sch.]
CAP. 242 [Rev. 2012]
Public Health
[Issue 1] 64
145. Authorized cemeteries
All cemeteries now being used as such, and such other cemeteries as may be
authorized by the Minister, notice whereof shall be published in the Gazette, shall
be deemed authorized cemeteries.
[L.N. 187/1956, Sch., L.N. 172/1960, Sch.]
146. Permit to exhume
(1) Subject to the provisions of section 147, it shall not be lawful to exhume
any body or the remains of any body which may have been interred in any
authorized cemetery or in any other cemetery, burial ground or other place
without a permit granted in manner hereinafter provided.
(2) Such permit shall be granted only to the legal personal representative or
next of kin of the person buried, or to his or their duly authorized agent.
(3) Such permit may be granted by the Minister in respect of any body or the
remains of any body interred in any cemetery or burial ground or any other place.
(4) The permitting authority may prescribe such precautions as he may deem
fit as the condition of the grant of such permit, and any person who exhumes any
body or the remains of any body contrary to this Act, or who neglects to observe
the precautions prescribed as the condition of the permit, shall be guilty of an
offence and liable to a fine not exceeding one thousand five hundred shillings:
Provided that nothing herein contained shall be deemed to affect the right
of a magistrate to order the exhumation of a body or the remains of any body for
the purpose of holding an inquiry into the cause of death of any person.
[Act No. 28 of 1961, Sch.]
147. Exhumation needed for execution of public works may be ordered
(1) It shall be lawful for the Minister, whenever he deems it expedient for the
execution of any public work or any public purpose, to remove any body or the
remains of any body from any grave whether in an authorized cemetery or
elsewhere, and by order under his hand to direct such removal to be made in
such manner as he thinks fit.
(2) No such order shall be made in respect of any grave situated in an
authorized cemetery until six months’ notice of the intention to make it has been
given by notification in the Gazette; copies of such notice shall be posted at or
near the grave, and copies shall be sent by post in a registered letter to the legal
personal representative or next of kin of the person buried, if his or their address
can be ascertained; and such copies shall be accompanied by a translation in the
language of the race to which the deceased person belonged.
(3) When an order is made directing a removal from any grave aforesaid
elsewhere than in an authorized cemetery, due notice of such order shall, so far
as it is possible to do so, be given to the legal representative or next of kin of the
person buried before the work of removal is undertaken.
(4) The Government shall make proper and fitting arrangements for the re-
interment in an authorized cemetery of any body or remains of any body
removed under this section, and for the removal and re-erection of any
monument, all charges in connexion therewith being defrayed out of the public
funds.
[L.N. 187/1956, Sch., L.N. 172/1960, Sch.]
[Rev. 2012] CAP. 242
Public Health
65 [Issue 1]
148. Record of permits and orders for exhumation
(1) There shall be kept a record of every permit granted and of every order
made under section 146 or section 147.
(2) Such record shall contain particulars, so far as the same can be
ascertained, of the race, nationality, name, sex and age of the persons buried,
the date of burial and the place of original burial and of reburial or removal.
(3) Such record shall be open during office hours to inspection by any
person.
149. Closing of cemeteries
It shall be lawful for the Minister to notify in the Gazette that any cemetery or
burial ground shall, from a time in such notification to be specified, be closed,
and the same shall be closed accordingly, and whosoever, after the said
specified time, buries any body or the remains of any body in the said cemetery
or burial ground shall be guilty of an offence and liable to a fine not exceeding
one thousand five hundred shillings.
[L.N. 188/1956, Sch., L.N. 173/1960, Sch.]
150. Reimbursement of expenses to the board
(1) All reasonable expenses incurred by the board in consequence of any
default in complying with any order or notice issued under this Act shall be
deemed to be money paid for the use and at the request of the person on whom
the said order or notice was made, and shall be recoverable from him at the suit
of the board as a civil debt recoverable summarily.
(2) The provisions of this section shall apply to any orders or notices issued
under any rules by the local authority.
PART XIV – GENERAL
151. Basements not to be occupied without permission
It shall not be lawful to live in, occupy or use, or to let or sublet, or to suffer or
permit to be used, any basement for habitation, nor shall it be lawful, without the
written permission of the medical officer of health, to use such basement as a
shop, workshop or factory, or for the preparation or storage of food, and no
basement shall be used unless it is well lit and ventilated and is free from damp
and is rendered rat-proof to the satisfaction of the medical officer of health.
[L.N. 41/1970, Sch.]
152. Regulation of lodging-houses
The Minister, on the advice of the board, may make rules for the conduct and
inspection of lodging-houses, and no person shall open, or keep open, a lodging-
house unless the house is registered and the keeper thereof is licensed by the
local authority.
[L.N. 188/1956, Sch., L.N. 173/1960, Sch.]
153. Regulation of nursing homes, etc.
(1) The Minister, on the advice of the board, may make rules for the conduct
and inspection of nursing homes convalescent homes, private hospitals, private
CAP. 242 [Rev. 2012]
Public Health
[Issue 1] 66
mental hospitals, maternity homes, infirmaries or any institutions where invalids,
convalescents or children are treated or received upon payment of fees or
charges, and no person shall open, or keep open, any such premises unless the
premises and the keeper thereof are licensed by the board.
(2) The Director of Medical Services, on the advice of the board, may
authorize a medical practitioner to visit and inspect any such premises, as are
mentioned in subsection (1) and to report to the board upon any matter or thing
connected with such premises or the use thereof.
(3) Any person who knowingly obstructs an authorized medical practitioner in
any inspection authorized by the Director of Medical Services, under
subsection (2), shall be guilty of an offence.
(4) The board may refuse to grant a licence and may cancel any licence
which has been granted under this section on any of the following grounds—
(a) that the premises in respect of which a licence is sought or has been
granted are unsuitable or otherwise do not conform with the
requirements of any rules made under this section;
(b) that the granting or continuance of a licence would be contrary to
the public interest;
(c) that the person in respect of whom a keeper’s licence is sought or
has been granted has failed to satisfy the board that he or she is a
fit and proper person to be trusted to conduct or to continue to
conduct the premises for which the keeper’s licence is sought or has
been granted.
[L.N. 188/1956, Sch., L.N. 173/1960, Sch.]
154. Markets
For the purposes of this Act, the Minister may make rules for the
establishment, control and closing of all markets and market buildings.
[L.N. 187/1956, Sch., L.N. 172/1960, Sch.]
155. Board may apply for additional public latrines on unleased public land
When in the opinion of the local authority additional public latrine
accommodation is required in any locality upon unleased public land, the local
authority shall apply in writing to the Minister, specifying the site upon which it
desires the erection of a public latrine, and the accommodation to be provided by
such latrine, and the Minister shall, after due inquiry, give his decision on the
matter.
[Act No. 28 of 1961, Sch., L.N. 365/1964, Sch.]
156. Regulation of public washermen
Every local authority may by public notice prohibit the washing of clothes by
washermen in the exercise of their calling except at public wash-houses or at
such other places as it may appoint for the purpose.
157. Control of irrigated land, and rules for the regulation of standing or
running water
(1) Where it is shown to the satisfaction of the Minister, upon the advice of
the board, that the growing of any crop or the irrigation of any land being within
[Rev. 2012] CAP. 242
Public Health
67 [Issue 1]
the boundaries of a township or within three miles of such boundaries is
unhealthful or insanitary, the Minister may, after consultation with the Minister for
the time being responsible for Agriculture, by order, prohibit the growing of any
crop or the irrigation of any land within any area, within the boundaries of a
township or within three miles of such boundaries, and may cause any permit or
authorization issued for the diversion, abstraction or use of water for such
purpose to be cancelled upon such terms as may appear to him equitable.
(2) The Minister may make rules for ensuring that the health of the
inhabitants of a district may be safeguarded in respect of—
(a) the prevention of pools of standing water;
(b) the drainage and control of such pools when they exist;
(c) the inspection, repair and cleansing of open channels, canals and
drains.
[L.N. 188/1956, Sch., L.N. 173/1960, Sch., Act No. 28 of 1961, Sch.]
158. Supervision of importation or manufacture of vaccines, etc.
(1) The Minister may provide for the inspection, sampling and examination,
by officers of the Medical Department, of vaccines, vaccine lymphs, sera and
similar substances imported or manufactured in Kenya and intended or used for
the prevention or treatment of human diseases, and may prohibit the importation,
manufacture or use of any such substance which is considered to be unsafe or to
be liable to be harmful or deleterious.
(2) The Minister may make such rules as he may consider necessary for
properly carrying out the provisions of this section.
[L.N. 188/1956, Sch., L.N. 173/1960, Sch.]
PART XV – MISCELLANEOUS PROVISIONS
159. Notices, etc., may be printed or written
Notices, orders and other documents under this Act may be in writing or print,
or partly in writing and partly in print, and if the same require authentication by
the board, or a local authority, the signature thereof respectively by the secretary,
town clerk, medical officer of health, sanitary inspector or District Commissioner,
as the case may be, shall be sufficient authentication.
160. Service of notices, etc.
Notices, orders and other documents required or authorized to be served
under this Act may be served by delivering the same to or at the residence of the
person to whom they are respectively addressed, or where addressed to the
owner or occupier of premises by delivering the same, or a true copy thereof, to
some person on the premises, or if there is no person on the premises who can
be served by fixing the same on some conspicuous part of the premises; they
may also be served by post by a prepaid letter, and if served by post shall prima
facie be deemed to have been served at the time when the letter containing the
same would be delivered in the ordinary course of post, and in proving such
service it shall be sufficient to prove that the notice, order or other document was
properly addressed and put in the post.
CAP. 242 [Rev. 2012]
Public Health
[Issue 1] 68
161. Power and duties of officers of department
The Deputy Director of Medical Services, or any assistant director of medical
services, medical officer of health, port health officer or medical officer of the
department, may with the authority and on behalf of the Director of Medical
Services discharge any of the duties or functions of the Director of Medical
Services, and any duties imposed or powers conferred by this Act on medical
officers of health, port health officers, district surgeons or medical officers may be
carried out or exercised by the Director of Medical Services, the Deputy Director
of Medical Services or any assistant director of medical services or medical
officer designated by the Director of Medical Services for that purpose.
162. Defect in form not to invalidate notices, etc.
No defect in the form of any notice or order made under this Act shall
invalidate or render unlawful the administrative action, or be a ground for
exception to any legal proceedings, which may be taken in the matter to which
such notice or order relates, provided the requirements thereof are substantially
and intelligibly set forth.
163. Powers of entry and inspection of premises and penalties for obstruction
(1) Any medical officer of health or health inspector, district surgeon or port
health officer, or any police officer of or above the rank of Inspector, or any other
person generally or specially authorized in writing by the Director of Medical
Services, medical officer of health or municipal council, may, at any hour
reasonable for the proper performance of the duty, enter any land or premises to
make any inspection or to perform any work or to do anything which is required
or authorized by this Act or any other law to do, if such inspection, work or thing
is necessary for or incidental to the performance of his duties or the exercise of
his powers.
(2) Any person who fails to give or refuses access to any officer, inspector or
person mentioned in or authorized under subsection (1) if he requests entrance
on any land or premises, or obstructs or hinders him in the execution of his duties
under this Act, or who fails or refuses to give information that he may lawfully be
required to give to such officer, inspector or person, or who gives to such officer,
inspector or person false or misleading information knowing it to be false or
misleading, or who prevents the owner or any of his servants or workmen from
entering any land or dwelling or premises for the purpose of complying with any
requirement under this Act, shall be guilty of an offence.
[L.N. 41/1970, Sch.]
164. Penalty where not expressly provided
Any person who is guilty of an offence under or of any contravention of or
default in complying with any provision of, this Act shall, if no penalty is expressly
provided for such offence, contravention or default, be liable on conviction to a
fine not exceeding fifty thousand shillings, or to imprisonment for a term not
exceeding six months, or to both and, if the offence, contravention or default is of
a continuing nature, to a further fine not exceeding one thousand shillings for
each day it continues.
[Act No. 16 of 1977, Sch., Act No. 2 of 2002, Sch.]
[Rev. 2012] CAP. 242
Public Health
69 [Issue 1]
165. Liability of secretary or manager of company
Where a contravention of any of the provisions of this Act is committed by any
company or corporation, the secretary or manager thereof may be summoned
and shall be held liable for such contravention and the consequences thereof.
166. Proceedings against several persons
Where proceedings under this Act are competent against several persons in
respect of the joint act or default of such persons, it shall be sufficient to proceed
against one or more of them without proceeding against the others.
167. Prosecutions
(1) A health authority may, by any of its officers or by any person generally or
specially authorized in writing by the authority, prosecute for any contravention
of, offence against, or default in complying with, any provision of this Act or any
rule made or deemed to be made thereunder, if the contravention, offence or
default is to have been committed within or to affect his area.
(2) Where any officer or person has, under subsection (1), prosecuted any
person for any contravention of, offence against or default in complying with any
provision of this Act, or any rule made or deemed to be made thereunder, and
the accused has been convicted of that contravention, offence or default, all fines
and penalties imposed may be recovered by such officer or person as a civil debt
recoverable summarily.
[L.N. 41/1970, Sch.]
168. Power of municipal council outside its area
Nothing in any law specially governing any municipal council shall be
construed as preventing such municipal council from exercising any power or
performing any duty under this Act by reason only that in exercising such power
or performing such duty it must do some act or thing or incur expenditure outside
its area.
[L.N. 41/1970, Sch.]
168A. Power of municipal councils respecting mosquitoes, flies, etc.
(1) Every municipal council may, with the approval of the Minister, make by-
laws for preventing and abating conditions permitting or favouring the breeding of
mosquitoes and flies and, generally, for the prevention of malaria and other
insect-borne diseases.
(2) Section 135A(2) shall apply in respect of any by-laws made under this
section as it applies to by-laws may under that section.
[L.N. 256/1963, Fourth Sch., L.N. 41/1970, Sch.]
169. General power to make rules
The Minister shall have power to make rules generally for the carrying out of
the purposes of this Act.
[Act No. 39 of 1956, Sch., L.N. 188/1956, Sch., L.N. 173/1960, Sch.]
CAP. 242 [Rev. 2012]
Public Health
[Issue 1] 70
SCHEDULE
FORM NO. 1 (s. 107)
I, the undersigned, certify that in my opinion ......................................................
.................................................................... is not now in a fit and proper state to
be vaccinated, and I do recommend that the vaccination be postponed for the
period of six months from this date.
Dated the .......................................................................... , 20..........................
..............................................................
Medical Practitioner or
Public Vaccinator
FORM NO. 2 (s. 108)
I, the undersigned, certify that I have three times unsuccessfully vaccinated ....
...............................................................................................................................
[or that ........................................................................ has already had smallpox]
and I am of the opinion that the said .....................................................................
............................................................ is insusceptible of successful vaccination.
Dated the .......................................................................... , 20..........................
..............................................................
Medical Practitioner or
Public Vaccinator
FORM NO. 3 (s. 109)
I, the undersigned, certify that ............................................................................
............................................................. has been successfully vaccinated by me.
Dated the .......................................................................... , 20..........................
..............................................................
Medical Practitioner or
Public Vaccinator
[Rev. 2012] CAP. 242
Public Health
[Subsidiary]
71 [Issue 1]
CHAPTER 242
PUBLIC HEALTH ACT
SUBSIDIARY LEGISLATION
List of Subsidiary Legislation
Page
1. Public Health (Central Board of Health) Rules ............................................ 73
2. Infectious Diseases Declared to be Notifiable Diseases ............................. 75
3. Provisions of the Act which are Declared Alone to Apply to Particular
Notifiable Infectious Diseases ..................................................................... 77
4. Areas to which the Provisions of the Act as Regards the Notification of
Particular Diseases is Restricted ................................................................ 79
3. Public Health (Sleeping Sickness) Rules .................................................... 81
4. Public Health (Tsetse Fly Areas) Rules ...................................................... 83
5. Public Health (Rats and Mice Destruction) Rules ....................................... 85
6. Public Health (Rat Virus) Rules ................................................................... 87
7. Orders Under Section 36 ............................................................................ 89
8. Exemptions Under Section 57, Proviso ...................................................... 91
10. Public Health (Introduction of Persons and Things by Aircraft) Order ......... 93
11 Public Health (Port, Airport and Frontier Health) Rules, 1959 .................... 95
12. Tariff of Charges Prescribed ....................................................................... 129
13. Public Health (Drainage and Latrine) Rules ................................................ 131
14. Application of the Above Rules Under Rule 2 ............................................. 177
15. Public Health (Kisumu Density of Dwellings) Rules .................................... 179
16. Public Health (Mombasa Storage of Hides and Skins) Rules ..................... 181
17. Public Health (Kisumu Storage of Hides and Skins) Rules ......................... 183
18. Public Health (Tents and Caravan Sites) Rules, 1960 ................................ 185
19. By-laws Under Section 126A ...................................................................... 189
20. Public Health (Milk and Dairies) Rules ........................................................ 191
21. Application of the Above Rules Under Rule 2 ............................................. 209
22. Chemical Agents Approved Under Rule 14(g)(i) of the Above Rules ......... 211
23. Public Health (Meat Inspection) Rules ........................................................ 213
24. Abattoirs Declared to be Designated Under Rule 3 of the Above ............... 223
25. Public Health (Importation of Meat) Rules, 1962 ........................................ 225
26. Cemeteries Authorized Under Section 145 ................................................. 227
27. Public Health (Medical Officers of Health and Health Inspectors) Rules,
1963 ............................................................................................................ 229
28. Public Health (Public Mortuaries) Rules, 1991 ........................................... 233
29. Public Health (District Health Management Boards) Rules, 1992 .............. 235
30. Public Health (Fees) Rules, 2001 ................................................................ 237
CAP. 242 [Rev. 2012]
Public Health
[Issue 1] 72
Page
31. Notification of Authorized Cemetery ............................................................ 239
32. Notification of Authorized Cemetery ........................................................... 241
33 Public Health (Tobacco Products Control) Rules, 2006 .............................. 243
34. Declaration of a Cemetery, 2008 ................................................................ 249
[Rev. 2012] CAP. 242
Public Health
[Subsidiary]
73 [Issue 1]
PUBLIC HEALTH (CENTRAL BOARD OF HEALTH) RULES
[Cap. 130 of (1948), Sub. Leg. L.N. 306/1993.]
RULES UNDER SECTION 7
1. These Rules may be cited as the Public Health (Central Board of Health) Rules.
2. The board shall meet for the dispatch of business as often as may be necessary, but
not less than once in every quarter.
3. (1) The chairman may at any time, and shall on the request in writing of not less than
four members, call a special meeting of the board for a date within fourteen days of the
presentation of the request.
(2) The notice of any meeting shall be signed by the secretary and circulated among
all the members of the board.
4. All acts, matters or things authorized or required to be done by the board, and all
questions that may come before it, shall be done and decided by the majority of the
members who are present at any meeting at which not less than four members are
present.
5. The chairman shall have an original vote in common with the other members, and also
a casting vote if upon any question the vote is equal.
6. Minutes of the proceedings of every meeting of the board shall be regularly entered in
a book to be kept for that purpose, and minutes of proceedings of a meeting of the board
signed at the next ensuing meeting by the chairman of the meeting at which the minutes
are signed shall be received as evidence without further proof.
7. Every order, notice or other document requiring authentication by the board shall be
sufficiently authenticated if signed by the chairman or by any member of the board acting
as chairman and by the secretary.
8. There shall be paid to the members of the Board such allowances as the Director of
Personnel Management may from time to time authorize.
[L.N. 306/1993, r. 2.]
[Rev. 2012] CAP. 242
Public Health
[Subsidiary]
75 [Issue 1]
INFECTIOUS DISEASES DECLARED TO BE NOTIFIABLE DISEASES
[Cap. 130 of (1948), Sub. Leg. L.N. 49/2003.]
UNDER SECTION 17(2)(A)
Influenza,
Relapsing fever,
Blackwater fever,
Encephalitis lethargica,
Yellow fever,
Kala-azar,
Malaria, microscopically diagnosed within the municipality of Kitale,
Bacillary dysentery
Amoebic dysentery
within the municipality of Nairobi,
Severe Acute Respiratory Syndrome (SARS).
[Rev. 2012] CAP. 242
Public Health
[Subsidiary]
77 [Issue 1]
PROVISIONS OF THE ACT WHICH ARE DECLARED ALONE TO APPLY TO
PARTICULAR NOTIFIABLE INFECTIOUS DISEASES
[Cap. 130 of (1948), Sub Leg.]
UNDER SECTION 17(2)(B)
Only the provisions of Part VI of the Act apply in regard to the notification of the
following disease—
Influenza;
Measles;
Whooping cough.
[Rev. 2012] CAP. 242
Public Health
[Subsidiary]
79 [Issue 1]
AREAS TO WHICH THE PROVISIONS OF THE ACT AS REGARDS THE
NOTIFICATION OF PARTICULAR DISEASES IS RESTRICTED
[Cap. 130 of (1948), Sub. Leg.]
UNDER SECTION 17(2)(C)
The provisions of the Act are restricted, as regards the notification of yaws, to the
municipalities of Nairobi, Nakuru, Eldoret and Mombasa.
[Rev. 2012] CAP. 242
Public Health
[Subsidiary]
81 [Issue 1]
PUBLIC HEALTH (SLEEPING SICKNESS) RULES
[Cap. 130 of (1948), Sub. Leg.]
RULES UNDER SECTION 36
1. These Rules may be cited as the Public Health (Sleeping Sickness) Rules.
2. In these Rules, “the area” means the district or part of a district in which these Rules
are declared to be in force.
3. (1) No person shall, except with a written permit of an administrative officer, enter,
reside or remain in the area.
(2) Subject to these Rules, an administrative officer may issue the permit.
(3) The applicant for a permit shall present himself for medical examination by a
medical officer of health, and unless the medical officer of health certifies that his condition
justifies the issue of the permit the administrative officer shall refuse to issue it.
4. The administrative officer may at any time in his absolute discretion cancel any permit
granted under these Rules:
Provided that no such permit shall be cancelled unless at least seven days’
previous notice of his intention to do so is given to the permit holder.
5. Any medical officer of health may require any person whom he knows or suspects to
be infected with sleeping sickness within the area to submit himself for examination or
treatment or both, at such time and place as the medical officer of health may prescribe,
and any person who on being so required refuses or neglects to be so examined or
treated shall be guilty of an offence.
6. (1) Subject to the provisions of any law for the time being in force, any administrative
officer within the limits of the area may for the purpose of arresting or preventing the
outbreak or spread of sleeping sickness issue orders to be obeyed by any person residing
in or entering the area.
(2) Such orders may—
(a) direct the making and maintenance of protective clearings;
(b) direct what crops may or may not be planted in the area;
(c) prohibit or restrict the planting of crops in certain specified areas;
(d) direct persons resident within the area to move either temporarily or
permanently outside such area or from one place to another place within the
area.
(3) Any person who in disregard of any order issued under this section does any act
which he is prohibited from doing or omits to do any act which he is required to do
thereunder shall be guilty of an offence.
7. Any person who is guilty of an offence or contravenes any of the provisions of these
Rules shall be liable on conviction to a penalty not exceeding four hundred shillings or to
imprisonment for a term not exceeding one month or to both.
[Rev. 2012] CAP. 242
Public Health
[Subsidiary]
83 [Issue 1]
PUBLIC HEALTH (TSETSE FLY AREAS) RULES
[Cap. 130 of (1948), Sub. Leg.]
1. These Rules may be cited as the Public Health (Tsetse Fly Areas) Rules, and shall
apply to the areas specified in the Schedule.
2. In these Rules—
“clearing” means an area of land upon which there is no cut or uncut vegetation;
“employer” includes any company, syndicate, partnership or firm engaged in
prospecting, mining operations or any other work, and the manager of any company,
syndicate, partnership or firm;
“uncut vegetation” means vegetation exceeding one foot in height.
3. Any person who resides or works in any place for more than fourteen days, and any
employer who employs any person to work in any such place for more than fourteen days,
shall cause a clearing to be made.
4. Subject to rule 3 and save for the purpose of making a clearing, no person shall
reside, work, use any watering, bathing or landing place, stack timber or erect a building in
any place, and no employer shall permit any person employed by him to do any of such
things in any place, unless a clearing of at least three hundred yards separates such
person from any cut or uncut vegetation.
5. Any person who contravenes any of the provisions of these Rules shall be guilty of an
offence and liable to a fine not exceeding five hundred shillings or to imprisonment for a
term not exceeding two months or to both.
SCHEDULE
[Rule 1.]
1. The shore of Lake Victoria to a depth of half a mile between the mouth of the Sio River
on the Uganda boundary and the south side of Mohoru promontory on the Tanzania
boundary, except the portion of the head of the Kavirondo Gulf between the mouth of the
Kisiani River on the north shore and the mouth of the Awasi River about four miles west of
Kendu on the south shore.
2. All the islands in Lake Victoria within the Kenya boundary.
3. All areas within half a mile of all rivers and tributaries thereof running into Lake Victoria
except—
(a) the Nyando at the south-east corner and the Kisiani on the north shore, near
34° 40’ longitude, of the Kavirondo Gulf, and those between those two rivers;
(b) the Boha, Awatch and Nyendiwa on the north shore of the Kavirondo Gulf;
(c) the portion of the Yala from the mouth to its junction with Lake Kanyaboli, and
up-stream from its junction with the Nyarodi River;
(d) the Lambwe (South Kavirondo) south of a point two miles from its mouth; and
(e) such portions of the Kuja and tributaries as lie north of 0° 40’ S. latitude and
east of 34° 30’ E. longitude.
[Rev. 2012] CAP. 242
Public Health
[Subsidiary]
85 [Issue 1]
PUBLIC HEALTH (RATS AND MICE DESTRUCTION) RULES
[Cap. 130 of (1948), Sub. Leg.]
1. These Rules may be cited as the Public Health (Rats and Mice Destruction) Rules.
2. It shall be the duty of every local authority to cause to be made, from time to time,
inspection of its district with a view to ascertaining whether any lands or premises within
its district are infested with rats or mice, and to enforce the provisions of these Rules.
3. Any person who fails to take such steps as may from time to time be necessary and
reasonably practicable for the destruction of rats and mice on or in any land or premises of
which he is the owner or occupier, or for preventing such land or premises from becoming
infested with rats or mice, shall be guilty of an offence and liable to a fine not exceeding
two hundred shillings.
4. (1) Where a local authority is of opinion that the owner or occupier of any land or
premises in its district has failed to take such steps as are required by rule 3, such local
authority may either serve a notice on the owner or occupier requiring him to take such
steps or execute such works as are prescribed in the notice within a time specified therein,
or, after not less than twenty-four hours’ previous notice to the owner or occupier, enter
upon the land or premises and take such steps as are necessary and reasonably
practicable for the purpose of destroying the rats and mice on the land or premises or of
preventing the land or premises from becoming infested with rats or mice, and may
recover any reasonable expenses so incurred from the owner or occupier as a civil debt
recoverable summarily.
(2) Any person who fails to comply with the requirements of a notice served by a local
authority under this rule shall be guilty of an offence and liable to a fine not exceeding five
hundred shillings and in addition to a fine not exceeding sixty shillings for each day during
which he shall make default.
5. A medical officer of health, a sanitary inspector or any person duly authorized by the
local authority may enter any land or premises in the district of such local authority for the
purpose of ascertaining whether the steps required by rule 3 are being taken, or of
executing and enforcing these Rules in any other respect.
[Rev. 2012] CAP. 242
Public Health
[Subsidiary]
87 [Issue 1]
PUBLIC HEALTH (RAT VIRUS) RULES
[Cap. 130 of (1948), Sub. Leg.]
1. These Rules may be cited as the Public Health (Rat Virus) Rules.
2. The importation or the manufacture or use of any living bacterial preparations for the
destruction of rats is prohibited, except under a permit from the Director of Medical
Services and subject to such conditions as the Director of Medical Services may specify.
[Rev. 2012] CAP. 242
Public Health
[Subsidiary]
89 [Issue 1]
ORDERS UNDER SECTION 36
[Cap. 130 of (1948), Sub. Leg.]
The Public Health (Sleeping Sickness) Rules are in force within the following parts of
districts—
(a) the area in Lake Victoria from a point half a mile south of Sio Port to the
mouth of the Nzoia River and the land extending back from the lake water’s
edge for one mile;
(b) all the islands in Lake Victoria which are included in the districts of the local
authorities of Central Nyanza and South Nyanza, excepting the following
islands—
Mfangano;
Rusinga;
Sirigombe;
Gathi;
Kiwa;
Kimabono.
The Public Health (Sleeping Sickness) Rules (G.N. 457/1949, Sub. Leg.), excepting
rules 3 and 4 thereof, are in force within the following parts of districts—
(a) the area within a radius of ten miles of Kibigori;
(b) the area within a radius of ten miles of Chemilil;
(c) the area within a radius of ten miles of Muhoroni;
(d) the area within a radius of ten miles of Fort Ternan.
[Rev. 2012] CAP. 242
Public Health
[Subsidiary]
91 [Issue 1]
EXEMPTIONS UNDER SECTION 57, PROVISO
[Cap. 130 of (1948), Sub. Leg.]
All vessels engaged solely in the coasting trade and plying only between the ports of
Kenya are exempted from the provisions of section 58 of the Act and of rule 11 of the
Public Health (Port, Airport and Frontier Health) Rules.
[Rev. 2012] CAP. 242
Public Health
[Subsidiary]
93 [Issue 1]
PUBLIC HEALTH (INTRODUCTION OF PERSONS AND THINGS BY AIRCRAFT)
ORDER
[L.N. 467/1958.]
ORDERS UNDER SECTION 71(1)(d)
1. This Order may be cited as the Public Health (Introduction of Persons and Things by
Aircraft) Order.
2. All the provisions of Part VI of the Act are applied mutatis mutandis to persons,
animals, articles and things entering or introduced into, or departing or removed from,
Kenya by means of aircraft, subject to the following modifications (which are without
prejudice to any other modifications necessary to give full effect to the purposes of this
Order)—
(a) “master”, wherever it appears throughout the said Part, shall be read and
construed as meaning the officer for the time being in command of the
aircraft;
(b) “vessel”, wherever it appears throughout the said Part, shall be read and
construed as meaning “aircraft”;
(c) “port”, wherever it appears throughout the said Part, shall be read and
construed as meaning “airport”.
[Rev. 2012] CAP. 242
Public Health
[Subsidiary]
95 [Issue 1]
PUBLIC HEALTH (PORT, AIRPORT AND FRONTIER HEALTH) RULES, 1959
ARRANGEMENT OF RULES
Rule
1. Citation.
2. Interpretation.
3. Duties of health officer.
4. Duties of agents.
5. Procedure for grant of pratique.
6. Additional sanitary measures may be taken.
7. Removal of infected persons.
8. Suspect may be placed under surveillance.
9. Steps to be taken when ship or aircraft refuses to submit to measures required by
a health officer.
10. Aircraft lands elsewhere than airport.
11. Flag “Q”.
12. Restricted pratique.
13. Information and assistance.
14. List of passengers, crew and cargo
15. Control of sewage.
16. Aircraft to land at scheduled airport.
17. Access to the public.
18. Handling of food.
19. Medical examination before departure.
20. Sanitary measures in respect of luggage and animals.
21. Sanitary measures in respect of postal parcels.
22. Quarantine.
23. Flag “L” and warning lights.
24. Communication with quarantined ship or aircraft.
25. Quarantine of prohibited immigrant.
26. Places of isolation.
27. Orders or instructions by health officer.
28. Instructions to officers in command.
29. Isolation of infected persons, etc.
30. Plague.
31. Cholera.
32. Yellow fever.
33. Smallpox.
34. Typhus.
35. Relapsing fever.
36. Used clothing.
37. Disinfection and destruction of articles.
38. Certificate of disinfection.
39. Destruction of unsound food.
40. Prevention of nuisance in port.
CAP. 242 [Rev. 2012]
Public Health
[Subsidiary]
[Issue 1] 96
Rule
41. Nuisances on board ships or aircraft.
42. Removal of nuisance.
43. Prohibition of nuisance.
44. Maritime Declaration of Health.
45. Aircraft Health Declaration.
46. Certificates.
47. Vaccination certificates of armed forces.
48. Additional sanitary measures.
49. Recovery of expenses.
SCHEDULES
FIRST SCHEDULE – AIRPORTS
SECOND SCHEDULE – MEDICAL DEPARTMENT
THIRD SCHEDULE – INTERNATIONAL CERTIFICATE OF
VACCINATION OR REVACCINATION AGAINST
CHOLERA
FOURTH SCHEDULE – INTERNATIONAL CERTIFICATE OF
VACCINATION OR REVACCINATION AGAINST
YELLOW FEVER
FIFTH SCHEDULE – INTERNATIONAL CERTIFICATE OF
VACCINATION OR REVACCINATION AGAINST
SMALLPOX
SIXTH SCHEDULE – MARITIME DECLARATION OF HEALTH
SEVENTH SCHEDULE – NOTICE OF EXPECTED ARRIVAL OF A VESSEL
[Rev. 2012] CAP. 242
Public Health
[Subsidiary]
97 [Issue 1]
PUBLIC HEALTH (PORT, AIRPORT AND FRONTIER HEALTH) RULES, 1959
[L.N. 54/1960, L.N. 295/1979.]
RULES UNDER SECTION 73
1. Citation
These Rules may be cited as the Public Health (Port, Airport and Frontier Health)
Rules, 1959.
2. Interpretation
In these Rules, unless the context otherwise requires—
“aircraft” means an aircraft making an international voyage;
“airport” means an airport or aerodrome of entry or departure for international air
traffic; and for the purposes of these Rules means the airports specified in the First
Schedule;
“arrival” means—
(a) in the case of a seagoing vessel, arrival at a port;
(b) in the case of an aircraft, arrival at an airport;
(c) in the case of an inland navigation vessel, arrival either at a port or at a
frontier;
(d) in the case of a train or road vehicle, arrival at a frontier;
“baggage” means the personal effects of a traveller or of a member of the crew;
“crew” means the personnel of a ship or aircraft, train or road vehicle who are
employed for duties on board;
“Director” means the Director of Medical Services appointed under section 9 of
the Act;
“direct transit area” means a special area established in connexion with an
airport, approved by the health officer and under his direct supervision, for
accommodating direct transit traffic and for accommodating, in segregation,
passengers and crews breaking their air voyage without leaving the airport;
“frontier” means any inland border between Kenya and any adjoining territory;
“health administration” means the Medical Department;
“health officer” includes—
(a) a port health officer; and
(b) any medical practitioner appointed by or acting as such under the authority
and instructions of the Director at any frontier post;
“imported case” means a case introduced into Kenya;
“infected local area” means—
(a) a local area where there is a non-imported case of plague, cholera, yellow
fever or smallpox; or
(b) a local area where plague infection among rodents exists on land or on craft
which are part of the equipment of a port; or
(c) a local area where activity of yellow fever virus is found in vertebrates other
than man; or
CAP. 242 [Rev. 2012]
Public Health
[Subsidiary]
[Issue 1] 98
(d) a local area where there is an epidemic of typhus or relapsing fever;
“infected person” means a person who is suffering from a quarantinable disease,
or who is believed to be infected with such a disease;
“International Sanitary Regulations” means the International Sanitary
Regulations adopted by the Fourth World Health Assembly in 1951 and amended by
the Eighth and Ninth World Health Assemblies in 1955 and 1956 and any subsequent
amendment or addition thereto accepted by Government;
“international voyage” means—
(a) in the case of a ship or aircraft, a voyage between ports or airports in the
territories of more than on state, or a voyage between ports or airports in
the territory or territories of the same state if the ship or aircraft has relations
with the territory of any other state on its voyage but only as regards those
relations;
(b) in the case of a person, a voyage involving entry into the territory of a state
other than the territory of the state in which that person commences his
voyage;
“isolation”, when applied to a person or group of persons, means the separation
of that person or group of persons from other persons, except the health staff on duty,
in such a manner as to prevent the spread of infection;
“local area” means—
(a) the smallest area within a territory, which may be a port or an airport, having
a definite boundary and possessing a health organization which is able to
apply the appropriate sanitary measures permitted or prescribed by these
Rules; the situation of such an area within a larger area which also
possessed such a health organization shall not preclude the smaller area
from being a local area for the purposes of these Rules; or
(b) an airport in connexion with which a direct transit area has been
established;
“medical examination” includes visits to and inspection of a ship, an aircraft, a
train or a road vehicle, and the preliminary examination of persons on board, but does
not include the periodical inspection of a ship to ascertain the need for deratting; and
for the purposes of this definition “preliminary examination” may include the physical
examination of any person;
“officer in command” means—
(a) in respect of an aircraft, the captain or officer for the time being in charge of
the aircraft;
(b) in respect of a ship, the master or other officer in command, other than a
pilot of the ship;
“port” means a seaport or an inland navigation port which is normally frequented
by ships;
“quarantinable diseases” means plague, cholera, yellow fever, smallpox, typhus
and relapsing fever;
“relapsing fever” means louse-borne relapsing fever;
“ship” means a seagoing or an inland navigation vessel making an international
voyage;
“suspect” means a person who is considered by the health officer as having been
exposed to infection from a quarantinable disease and is considered capable of
spreading that disease;
[Rev. 2012] CAP. 242
Public Health
[Subsidiary]
99 [Issue 1]
“typhus” means louse-borne typhus;
“valid certificate”, when applied to vaccination, means a certificate conforming
with these Rules and in any of the forms set out in the Third, Fourth and Fifth
Schedules;
“vehicle” means a vehicle as defined in the Traffic Act (Cap. 403);
“yellow fever receptive area” means an area in which the virus of yellow fever
does not exist but where the presence of Aëdes aegypti or any other domiciliary or
peri-domiciliary vector of yellow fever would permit its development if introduced.
3. Duties of health officer
(1) Every health officer shall be responsible—
(a) for the medical examination, if he considers it necessary, of any ship,
aircraft, vehicle or train at any port, airport or frontier of Kenya;
(b) for the taking of such health measures or precautions as he may consider
necessary in connexion with those ships, aircraft, vehicles or trains;
(c) for the sanitary and health supervision of all ships, aircraft, vehicles or trains
at a port, airport or frontier post;
(d) for the proper inspection, carrying out and enforcement on ships, aircraft,
vehicles or trains, at a port, airport or frontier, of all measures for the
destruction of rodents and for preventing the migration or multiplication of
those rodents;
(e) for ensuring the prompt detection and investigation of any sickness or
mortality among rodents possibly due to plague;
(f) for the proper carrying out and enforcement of the provisions of the Act and
all rules made thereunder including these Rules.
(2) In the performance of his duties under these Rules, the health officer may
authorize such other person to perform such part of his duties on his behalf as he may
specify.
4. Duties of agents
Agents of ships shall, as early as possible, give notice in writing to the health officer of
the port of the expected arrival of every ship in the form shown in the Seventh Schedule.
5. Procedure for grant of pratique
Pratique may be granted by radio to any ship or aircraft in respect of which the health
officer for the intended port or airport of arrival is of the opinion, on the basis of information
received from it before its arrival, that its arrival will not result in the introduction or spread
of a quarantinable disease.
6. Additional sanitary measures may be taken
A health officer may apply such sanitary measures to the ship, aircraft, vehicle or train
on arrival as, in his opinion, are necessary, depending on the conditions which exist on
board the ship, aircraft, vehicle or train during the voyage or at the time of the medical
examination.
7. Removal of infected persons
A health officer may order the removal and isolation of any infected person from any
aircraft, ship, vehicle or train on its arrival.
CAP. 242 [Rev. 2012]
Public Health
[Subsidiary]
[Issue 1] 100
8. Suspect may be placed under surveillance
(1) A health officer shall have power to place under surveillance any infected person
or suspect on an international voyage arriving by whatever means in Kenya from an
infected local area, and a health officer shall have power to require that person to report to
him, if necessary, at specified intervals during the period of surveillance.
(2) In addition, a health officer shall have power to subject such person to medical
examination and to make such inquiries as he may consider necessary for ascertaining
his state of health.
(3) When a person under surveillance departs for another place within or outside
Kenya, he shall inform the health officer, who shall immediately notify the health officer,
medical officer of health or health administration of the place to which the person is
proceeding.
9. Steps to be taken when ship or aircraft refuses to submit to measures required
by a health officer
(1) Subject to paragraph (2), any ship or aircraft which is unwilling to submit to
measures required by a health officer shall be allowed to depart forthwith but shall not
during its voyage be permitted to call at any other port or airport in Kenya:
Provided that such ship or aircraft may be permitted to take on fuel, water and
stores in quarantine.
(2) A ship or aircraft arriving at a port or airport situated in a yellow fever receptive
area shall not be allowed to depart and shall be subject to all health measures prescribed
by a health officer, if—
(a) the aircraft is infected with yellow fever;
(b) the ship is infected with yellow fever, and Aëdes aegypti have been found
on board and medical examination shows that any infected person has not
been isolated in good time.
10. Aircraft lands elsewhere than airport
(1) If, for reasons beyond the control of the officer in command, an aircraft lands
elsewhere than at an airport, the officer in command shall make every effort to
communicate with the nearest medical officer of health or any other public authority
forthwith.
(2) As soon as a medical officer of health has been informed of the landing of an
aircraft in circumstances described above, he shall take such action as he considers
proper, and shall immediately communicate with the health administration.
(3) No person on board the aircraft shall leave its vicinity except for the purpose of
communicating with any such health officer or public authority, or with the permission of
such officer, and no cargo shall be removed from the vicinity of the aircraft.
(4) After any sanitary measures required by the medical officer of health and health
administration have been completed, the aircraft may proceed to the airport at which it
was due to land.
(5) The officer in command may take such emergency measures as may be
necessary for the health and safety of his passengers and crew.
11. Flag “Q”
The officer in command of every ship anchoring off or arriving at any port in Kenya
shall immediately hoist the flag known as flag “Q” unless pratique has been granted by
radio as hereinbefore provided and the said flag shall be kept flying until pratique has
been granted.
[Rev. 2012] CAP. 242
Public Health
[Subsidiary]
101 [Issue 1]
12. Restricted pratique
(1) Where restricted pratique has been granted to any ship under section 62 of the
Act, the health officer shall specify in writing to the officer in command thereof the
conditions and restrictions imposed, and the officer in command shall cause a copy
thereof to be posted in a conspicuous place on the vessel.
(2) Failure or refusal by the officer in command to observe or comply with any such
conditions or restrictions shall constitute an offence, and, in addition, the health officer for
the port may place the vessel in quarantine should he consider that course necessary in
the interests of public health.
13. Information and assistance
It shall be the duty of the officer in command of any ship or aircraft and of all other
officers and persons on board any ship or aircraft to give all such assistance and
information to the health officer as may be required by him in carrying out his duties under
these Rules.
14. List of passengers, crew and cargo
A health officer may require the officer in command of any ship or aircraft having or
suspected of having on board the infection of any infectious disease to furnish in respect
of such vessel or aircraft—
(a) a list of all passengers showing full particulars in respect of each passenger;
(b) a list of crew giving full particulars of each member;
(c) a list of all cargo and a full description thereof.
15. Control of sewage
A health officer may take all practicable measures to control the discharge from any
ship of sewage and refuse which might contaminate the waters of a port, river or canal.
16. Aircraft to land at scheduled airport
No aircraft arriving in Kenya from beyond the borders of Kenya shall make its first
landing in Kenya at any place other than one of the scheduled airports set out in the First
Schedule:
Provided that this Rule shall not apply to an aircraft commencing its voyage at any
airport in Uganda or Tanzania.
17. Access to the public
A health officer shall have power to prohibit any member of the crew of or any
passenger upon any ship, aircraft, vehicle or train arriving in Kenya from having access to
the public or from leaving the port, airport or frontier until authorized to do so by the health
officer.
18. Handling of food
(1) A health officer shall have power to medically examine any person whose duties
include the handling of food or drink for human consumption either on a ship or aircraft or
within a port or airport, and he may carry out such clinical, bacteriological or proto-
zoological examination of such person as he may consider necessary, and may prohibit
such person from carrying out the duties referred to above or any part thereof pending the
result of such examination.
(2) If, as a result of such examination, or from any other evidence, a health officer is
satisfied that such person is a carrier of infectious disease, he may, by written notice to
CAP. 242 [Rev. 2012]
Public Health
[Subsidiary]
[Issue 1] 102
the officer in command of the ship or aircraft and to the manager of the port or airport and
to such person, prohibit the employment of such person for any specific period of time in a
place where food or drink is handled.
19. Medical examination before departure
(1) A health officer shall have power to carry out a medical examination, when he
considers it necessary, of any person before his departure from Kenya on an international
voyage, and, subject to section 60 of the Act, any person who refuses to submit to such
medical examination shall be guilty of an offence.
(2) A health officer shall take all practicable measures—
(a) to prevent the departure of any infected person or suspect from Kenya, and
he may prohibit the embarkation or order the removal of such infected
person or suspect from any ship or aircraft;
(b) to prevent the introduction on board a ship, aircraft, train or vehicle of
possible agents of infection or vectors of a quarantinable disease.
(3) Notwithstanding the provisions of subparagraph (a) of paragraph (2), a person on
an international voyage who is placed under surveillance on his arrival in Kenya may be
allowed to continue his voyage, and, if he does so by air, the health officer shall record the
fact on the general declaration relating to the aircraft.
(4) A health officer shall have power to prohibit the departure of any person from
Kenya by any means who has not complied with the health regulations of the country to
which he is travelling, provided such health regulations are not in excess of the
requirements of the International Sanitary Regulations.
20. Sanitary measures in respect of luggage and animals
(1) A health office shall have power to submit to sanitary measures all goods or
baggage, including a passenger’s personal effects, if he has reason to believe that they
may have become contaminated by the infection of a quarantinable disease or may serve
as a vehicle for the spread of the disease.
(2) A health officer shall have power to submit to sanitary measures all live animals
entering or leaving Kenya.
(3) All baggage belonging to an infected person or suspect may be disinfected and
disinsected on the instructions of a health officer, and a health officer shall have power to
disinfect or disinsect the baggage of any other person where he has reason to believe that
that person may be carrying infected material or insect vectors of a quarantinable disease.
21. Sanitary measures in respect of postal parcels
A health officer shall have power to subject to sanitary measures all postal parcels if—
(a) they contain any fish, shell fish, fruit or vegetables to be consumed
uncooked, or beverages, which are not contained in sealed containers and
which the health officer has reason to believe come from a cholera-infected
area; or
(b) they contain linen, wearing apparel or bedding which has been used or
soiled.
22. Quarantine
Where the infection of plague, cholera, yellow fever, smallpox, typhus or relapsing
fever exists, or is suspected to exist, in any person animal or thing on board any ship,
aircraft, vehicle or train, the health officer may—
(a) notify the officer in command of the ship or aircraft, or the person in charge
of the vehicle or train, that he intends to place the ship, aircraft, vehicle or
train in quarantine; or
[Rev. 2012] CAP. 242
Public Health
[Subsidiary]
103 [Issue 1]
(b) require the officer in command to remove the ship or aircraft in quarantine to
another port or airport:
Provided that no officer, other than the health officer, shall require the removal of a
ship or aircraft, without the previous approval of the Director.
23. Flag “L” and warning lights
(1) Unless the officer in command of a ship elects to leave the port in terms of section 66
of the Act, the health officer shall then place the ship in quarantine and, in co-operation with
the port manager, shall fix the mooring place of the ship.
(2) The officer in command of every ship in quarantine shall cause the quarantine flag,
namely that known as flag “L” being a large flag of yellow and black, borne quarterly, to be
flown between sunrise and sunset in the most conspicuous position on his ship.
(3) During the hours between sunset and sunrise, a night signal shall be shown,
consisting of three lights, arranged at a distance of not less than six feet apart, in the form
of an equilateral triangle, of which the light at the apex of the triangle shall be white, and
the other lights, at the end of the base, shall be red in colour; the said night signal shall be
shown in the most conspicuous place on, and at a height of not less than 20 feet above,
the hull of the ship.
24. Communication with quarantined ship or aircraft
Except in the event of danger, no officer in command, or person in charge, of a ship,
aircraft, vehicle or train in quarantine shall allow any person on board to leave such ship,
aircraft, vehicle or train, or to send any article or thing out of the ship, aircraft, vehicle or
train, or to communicate with any other ship, aircraft, vehicle or train except with
permission of the health officer or other person duly authorized by him.
25. Quarantine of prohibited immigrant
(1) Whenever a health officer lands in quarantine any person who has not been
granted authority to enter Kenya after examination by an immigration officer, he shall
immediately inform the immigration officer of the name of that person, the name of the
ship or aircraft by which the person arrived and the name of the port or airport at which he
arrived, together with the place at which the person is being detained.
(2) A health officer shall give such immigration officer and the officer in command and
agents of such ship or aircraft due notice, in advance, of the release of such person from
quarantine, and, upon being so released, such person shall revert to the custody of the
officer in command and agents of such ship or aircraft and shall be subject to the order of
the immigration officer.
(3) All expenses incurred in connexion with the detention and maintenance, including
expenses of escort and identification of such person until permitted to enter Kenya, and
for his repatriation in the event of his being declared a prohibited immigrant, shall be
payable by the officer in command or owners of such ship or aircraft.
(4) Nothing in these Rules shall be construed as relieving the officer in command or
owners of any ship or aircraft of any liability imposed on them under the immigration laws
in force for the time being in Kenya.
(5) The expenses referred to in paragraph (3) shall be a civil debt and recoverable
summarily.
26. Places of isolation
(1) The boundaries of every place of isolation which may be established under these
Rules shall be demarcated by a fence or otherwise.
CAP. 242 [Rev. 2012]
Public Health
[Subsidiary]
[Issue 1] 104
(2) Any person leaving or attempting to leave such place without due authority shall
be guilty of an offence.
(3) Any person escaping or attempting to escape from any ship or aircraft in
quarantine or from any place of isolation shall be guilty of an offence, and may be arrested
and taken back thereto by any guard or any member of the police.
27. Orders or instructions by health officer
(1) A health office may, in respect of any ship, aircraft, vehicle or train in quarantine or
any place of isolation, give such orders or instructions as he may deem necessary for
safeguarding the health of persons so isolated, or the public health.
(2) Any person failing or refusing to comply with any lawful order or instructions so
given shall be guilty of an offence.
28. Instructions to officers in command
The officer in command of any ship or aircraft, or the person in charge of any vehicle
or train in quarantine, or having on board any infected person, or suspect, or any person
suffering, or suspected to be suffering, from any infectious disease, shall carry out the
orders of the health officer in regard to the isolation of such person, disinfection or
otherwise.
29. Isolation of infected persons, etc.
(1) All infected persons or suspects, animals, baggage or other articles of any
description shall, wherever possible, be removed from a ship or aircraft and isolated on
land and the infection eradicated with all possible speed.
(2) No ship or aircraft, vehicle or train shall be detained in quarantine after the removal
therefrom of all infected persons and the eradication of infection on board.
30. Plague
The following provisions shall apply to plague—
(a) for the purposes of these Rules the incubation period of plague shall be six
days;
(b) it shall be the duty of the officer in command of a ship or aircraft, in a port or
airport, infected by plague to take all necessary steps to prevent the
introduction of rodents on board such ship or aircraft;
(c) it shall be the duty of the officer in command of every ship to ensure that the
ship shall be—
(i) periodically deratted; or
(ii) permanently kept in such condition that the number of rodents on
board is negligible;
(d) a health officer shall have power to issue a deratting certificate or deratting
exemption certificate in the form set out in the Second Schedule; the
certificate shall be valid for a period of six months but this period may be
extended by the health officer in writing;
(e) if the officer in command fails to produce a valid certificate of the type
mentioned in paragraph (d), a health officer shall have power to make
inquiries and to inspect the ship and, if necessary, shall have power to
proceed in the following manner—
(i) he may derat the ship or cause deratting to be done under his
direction and control; it shall be a matter for the discretion of the
health officer as to which technique shall be employed to secure the
[Rev. 2012] CAP. 242
Public Health
[Subsidiary]
105 [Issue 1]
extermination of rodents on the ship; when deratting has been
satisfactorily completed the health officer shall issue a deratting
certificate;
(ii) a health officer shall have power to issue a deratting exemption
certificate if he is satisfied that the number of rodents on board is
negligible; the certificate shall be issued only if the inspection of the
ship has been carried out when the holds are emptied or when they
contain only ballast or other material unattractive to rodents and
which does not prevent a thorough inspection of the holds; a deratting
exemption certificate may be issued for an oil tanker with full holds;
(f) if a health officer is of the opinion that the conditions under which a deratting
was carried out were such that a satisfactory result could not be obtained,
he shall make a note to that effect on the existing deratting certificate;
(g) if a health officer has reason to suspect the presence of rats on board an
aircraft, he shall have power to order that the aircraft be deratted;
(h) before departure on an international voyage from a local area where there is
an epidemic of pulmonary plague, a health officer shall have power to place
in isolation, for a period of six days, every person suspected of having been
infected by the plague;
(i) for the purpose of this Rule, a ship or aircraft on arrival shall be regarded as
infected if—
(i) it has a case of human plague on board; or
(ii) a plague-infected rodent is found on board;
(iii) in the case of a ship, a case of human plague has occurred on board
more than six days after embarkation;
(j) for the purposes of this rule, a ship, on arrival, shall be regarded as suspect if—
(i) it has no case of human plague on board but such a case has
occurred on board within the first six days after embarkation;
(ii) there is evidence of an abnormal mortality among rodents on board,
of which the cause is not yet known;
(k) a health officer shall have power to carry out a medical examination of a
ship or aircraft coming from an infected local area, and, if he is satisfied that
the conditions specified in paragraphs (i) and (j) do not exist, such ship or
aircraft shall be regarded as healthy;
(l) on the arrival of an infected or suspected ship or an infected aircraft, a
health officer shall have power—
(i) to disinfect any suspect or order that he be kept under surveillance
for a period of not more than six days from the date of arrival;
(ii) to disinfect and if necessary disinfect—
(a) any baggage of any infected person or suspect; and
(b) any other article such as used bedding or linen and any part of
the ship or aircraft which he considers to be contaminated;
(m) if there is rodent plague on board the ship, the health officer shall order it to
be deratted, if necessary in quarantine:
Provided that the deratting shall be carried out in such manner and at such
time as to cause least inconvenience in the unloading of a ship;
(n) if a rodent which has died of plague is found on board an aircraft, the health
officer shall order that the aircraft be deratted, if necessary, in quarantine;
CAP. 242 [Rev. 2012]
Public Health
[Subsidiary]
[Issue 1] 106
(o) on arrival, it shall be the duty of a health officer to give free pratique to a
healthy ship or aircraft;
Provided that if it has come from an infected local area the health officer
shall have power—
(i) to place under surveillance any suspect who disembarks, for a period
of not more than six days, reckoned from the date on which the ship
or aircraft left the infected local area;
(ii) to order the destruction of rodents on board the ship or aircraft;
(p) if on arrival of a train or vehicle at a frontier a case of human plague is
discovered, the measures provided by this Rule may be applied by the
health officer, and he shall have power to disinsect and, if necessary,
disinfect any part of the train or vehicle which he considers has been
contaminated.
31. Cholera
The following provisions shall apply to cholera—
(a) for the purposes of these Rules, the incubation period of cholera shall be
five days;
(b) a health officer shall have power to apply the following measures to a
person on an international voyage who has come from an infected local
area within the incubation period—
(i) if such person is in possession of a valid certificate of vaccination
against cholera, the health officer may order that he be placed under
surveillance for a period of not more than five days reckoned from the
date of his departure from the infected local area;
(ii) if he is not in possession of such a certificate, the health officer may
order that he be placed in isolation for a like period;
(c) a ship shall be regarded as infected for the purposes of this rule if, on
arrival, it has a case of cholera on board, or if a case of cholera has
occurred during a period of five days before arrival;
(d) a ship shall be regarded as suspected for the purposes of this rule if a case
of cholera has occurred on board during the voyage, but no fresh case has
occurred during a period of five days before arrival;
(e) an aircraft shall be regarded as infected for the purposes of this rule if, on
arrival, it has a case of cholera on board and shall be regarded as
suspected if a case of cholera has occurred on board during the voyage but
has previously been disembarked before arrival in Kenya;
(f) even if a ship or aircraft has come from an infected local area or has on
board a person coming from such area, such ship or aircraft shall be
regarded as healthy on arrival if, on medical examination, the health officer
is satisfied the no case of cholera has occurred on board during the voyage;
(g) the health officer shall have power, on the arrival of an infected or
suspected ship or aircraft—
(i) to place under surveillance for a period of not more than five days,
reckoned from the date of disembarkation, any passenger or member
of the crew in possession of a valid certificate of vaccination against
cholera and isolate all others who disembark for a like period;
(ii) to disinfect any baggage of any infected person suspect and any
other article such as used bedding or linen and any part of the ship or
aircraft which he considers has been contaminated;
[Rev. 2012] CAP. 242
Public Health
[Subsidiary]
107 [Issue 1]
(iii) to disinfect and remove any water carried on board which he
considers to be contaminated and to disinfect the containers;
(h) a health officer shall have power to prohibit the discharge or unloading of
any waste water, waste matter, human excreta or other matter which is
considered to be contaminated without previous disinfection, and the health
officer shall have power to arrange for their safe disposal;
(i) in addition to the other measures provided by this Rule a health officer shall
have power to place under surveillance for a period of not more than five
days from the date of the arrival any passenger or member of the crew who
disembarks from a ship or aircraft;
(j) if, on the arrival of a train or vehicle at a frontier, a case of cholera is
discovered, a health officer shall have power—
(i) without prejudice to the measures provided for in paragraph (b), to
place under surveillance any suspect for a period of not more than
five days from the date of arrival;
(ii) to disinfect the baggage of the infected person and if necessary that
of any suspect, and any other article such as used bedding or linen
and any part of any train or vehicle which he considers has been
contaminated;
(k) on the arrival of an infected or suspected ship or aircraft or of a train or
vehicle on which a case of cholera has been discovered, or of any ship or
aircraft, train or vehicle coming from an infected local area, a health officer
may prohibit the unloading of, or may remove, any fish, shell-fish, fruit or
vegetables intended to be consumed uncooked, or beverages, unless such
food or beverages are in sealed containers and the health officer has no
reason to believe that they are contaminated; it shall be the duty of the
health officer to make arrangements for the safe disposal of any such food
or beverages removed under this rule;
(l) if such food or beverages forms part of the cargo in the hold of a ship or the
freight compartment of an aircraft, the health officer alone shall have power
to remove it:
Provided that the officer in command of an aircraft shall have the right to
require the removal of any such food or beverages in the aircraft;
(m) a health officer shall have power to require any person on an international
voyage who has come from an infected local area within the incubation
period of cholera and who has symptoms indicative of cholera to submit to
stool examination.
32. Yellow fever
The following provisions shall apply to yellow fever—
(a) for the purposes of these Rules, the incubation period of yellow fever shall
be six days;
(b) a health officer shall have power to prohibit the departure of any person on
an international voyage from an infected local area to a yellow fever
receptive area unless such a person is in possession of a valid certificate of
vaccination against yellow fever:
Provided that, if such person is in possession of such a certificate which is
not yet valid, the health officer may permit him to depart but, on arrival at a
yellow fever receptive area, such person may be isolated until his certificate
becomes valid or until the incubation period of the disease has expired;
CAP. 242 [Rev. 2012]
Public Health
[Subsidiary]
[Issue 1] 108
(c) (i) every person employed at an airport situated in an infected local area,
and every member of the crew of an aircraft using such airport, shall
be in possession of a valid certificate of vaccination against yellow
fever;
(ii) a health officer shall have power to disinsect every aircraft leaving an
airport situated in an infected local area and bound for a yellow fever
receptive area;
(iii) a health officer shall have power to disinsect every ship or aircraft
leaving a port or airport where Aëdes aegypti still exists and bound
for a port where Aëdes aegypti have been eradicated;
(d) a health officer shall have power to prohibit the departure of any person who
has come from an infected local area and is unable to produce a valid
certificate of vaccination against yellow fever and who is due to proceed on
an international voyage to an airport in a yellow fever receptive area at
which means for securing isolation is not available;
(e) (i) a ship shall be regarded as infected if, on arrival, it has a case of
yellow fever on board or if a case has occurred on board during the
voyage, and a ship shall be regarded as suspected if it has left an
infected local area less than six days before arrival or if arriving within
30 days of leaving such a port the health officer finds Aëdes aegypti
on board;
(ii) all other ships shall be regarded as healthy for the purposes of this
Rule;
(iii) an aircraft shall be regarded as infected if on arrival it has a case of
yellow fever on board, and an aircraft shall be regarded as suspected
if the health officer is not satisfied with a disinsecting carried out on
the aircraft and finds live mosquitoes on board;
(iv) all other aircraft shall be regarded as healthy for the purpose of this
rule;
(f) on arrival of an infected or suspected ship or aircraft, a health officer shall
have power—
(i) in yellow fever receptive areas to isolate any passenger or member of
the crew who disembarks and is not in possession of a valid
certificate of vaccination against yellow fever;
(ii) to inspect the ship or aircraft and destroy any Aëdes aegypti found on
board;
(iii) to order that a ship in a yellow fever receptive area be required to
keep at least 400 metres from land until such measures have been
carried out,
and when the measures required by the health officer have been effectively
carried out a ship or aircraft shall cease to be regarded as infected or
suspected and shall be given free pratique;
(g) on the arrival of a healthy ship or aircraft from an infected local area the
measures provided for in subparagraphs (ii) and (iii) of paragraph (f) may be
applied by the health officer, who shall thereupon give free pratique to the
ship or aircraft;
(h) the health administration shall have power to prohibit the landing of any
aircraft in a yellow fever receptive area coming from an infected local area
elsewhere than at airports specified by the health administration for that
purpose;
[Rev. 2012] CAP. 242
Public Health
[Subsidiary]
109 [Issue 1]
(i) on the arrival of a ship, aircraft, train or vehicle in a yellow fever receptive
area a health officer shall have power—
(i) to isolate any person coming from an infected local area who is
notable to produce a valid certificate of vaccination against yellow
fever until his certificate becomes valid or until the expiry of a period
of not more than six days reckoned from the date of his last possible
exposure to infection, whichever occurs first;
(ii) to disinfect the ship, aircraft, train or vehicle if it has come from an
infected local area;
(j) in a yellow fever receptive area it shall be the duty of the health
administration to provide mosquito-proof accommodation for the purposes
of isolating persons under this rule.
33. Smallpox
The following provisions shall apply to smallpox—
(a) for the purposes of these Rules, the incubation period of smallpox shall be
fourteen days;
(b) a health officer shall have power to prohibit the disembarkation of any
person on an international voyage who does not possess, on arrival, a valid
certificate of vaccination against smallpox:
Provided that a person who cannot produce the certificate may be
vaccinated by the health officer, and if that person refuses to be vaccinated
the health officer shall have power to place such person under surveillance
or in isolation for not more than fourteen days reckoned from the date of his
departure from the last territory visited before arrival;
(c) in the case of a person on an international voyage who, during the period of
fourteen days before his arrival, has visited an infected local area and, in
the opinion of a health officer, is not sufficiently protected by vaccination or
by a previous attack of smallpox, a health officer shall have power—
(i) to require that that person be vaccinated; or
(ii) to place that person under surveillance; or
(iii) to order that person to be vaccinated and then placed under
surveillance;
(iv) in the event of the person refusing to be vaccinated to order that he
or she be isolated:
Provided that the period of surveillance or isolation shall not be more
than fourteen days reckoned from the date of his departure from an
infected local area;
(d) for the purposes of paragraph (b), a valid certificate of vaccination against
smallpox shall be considered as evidence of sufficient protection;
(e) a ship or aircraft shall be regarded as infected for the purposes of this rule
if, on arrival, it has a case of smallpox on board or if such a case has
occurred on board during the voyage;
(f) any other ship or aircraft shall be regarded for the purposes of this rule as
healthy even although there may be suspects on board; but, in the event of
any suspect disembarking, he shall be subject to the measures provided for
in paragraph (g);
(g) on the arrival of an infected ship or aircraft, a health officer shall have
power—
(i) to offer vaccination to any person on board who in his opinion is not
sufficiently protected against smallpox;
CAP. 242 [Rev. 2012]
Public Health
[Subsidiary]
[Issue 1] 110
(ii) to isolate or place under surveillance any person disembarking for a
period of not more than fourteen days reckoned from the date of last
exposure to infection:
Provided that the health officer shall take into account the previous
vaccinations of the person and the possibility of his having been
exposed to infection in determining the period of the isolation or
surveillance;
(iii) to disinfect—
(i) any baggage of any infected person; and
(ii) any baggage or article such as used bedding or linen in any
part of the ship or aircraft which is considered by the health
officer to be contaminated;
(h) for the purposes of this Rule, a ship or aircraft shall continue to be regarded
as infected until every infected person has been removed and until the
measures required by the health officer under this rule have been effectively
carried out, and thereafter the ship or aircraft shall be given free pratique;
(i) a healthy ship or aircraft shall on arrival be given free pratique even when it
has come from an infected local area;
(j) if a case of smallpox is discovered on the arrival of train or road vehicle, a
health officer shall have power to remove the infected person and place him
under surveillance or isolation with or without vaccination as may be
necessary, any period of surveillance or isolation being reckoned from the
date of arrival, and a health officer shall have power to disinfect any part of
the train or vehicle which he considers to be contaminated.
34. Typhus
The following provisions shall apply to typhus—
(a) for the purposes of these Rules, the incubation period of typhus shall be
fourteen days;
(b) if a health officer or medical officer of health considers that a person
departing from an infected local area on an international voyage is liable to
spread typhus, he shall have power to order that such person may be
disinsected and also that the clothes which such person is wearing,
baggage and anything likely to spread typhus shall also be disinsected and
if necessary disinfected;
(c) a health officer shall have power, if he considers it necessary to disinsect
and put under surveillance for a period of not more than fourteen days,
reckoned from the date of disinsecting, any person on an international
voyage who has left an infected local area within the previous fourteen
days; a health officer shall also have power to disinsect and, if necessary
disinfect the clothes which such person is wearing, his baggage and any
other article likely to spread typhus;
(d) on arrival, a ship or an aircraft shall be regarded as healthy even if it has an
infected person on board:
Provided that a health officer shall have power—
(i) to order than an infected person may be removed and isolated;
(ii) to disinsect any suspect;
(iii) to disinsect the accommodation occupied by the infected person and
by any suspect, together with the clothes they are wearing, their
baggage and any other article likely to spread typhus, and such
articles may also be disinfected if necessary;
[Rev. 2012] CAP. 242
Public Health
[Subsidiary]
111 [Issue 1]
(e) if a case of typhus is discovered on the arrival of a train or vehicle, a health
officer shall have power to apply any of the measures prescribed by this rule
for a ship or aircraft.
35. Relapsing fever
The following provisions shall apply to relapsing fever—
(a) for the purposes of this Rule, the incubation period of relapsing fever shall
be eight days;
(b) the provisions of rule 34 with regard to typhus shall apply to relapsing fever:
Provided that, if a person is placed under surveillance, the period of the surveillance
shall not be more than eight days reckoned from the date of disinfection.
36. Used clothing
(1) Every consignment (excluding the personal effects of travellers) of bedding, blank-
ets, body linen or other articles of clothing which have been used, or any rags, flocks
made of rags, used sacks, carpets or any similar article which has been in use, and which
is landed at any port or airport in Kenya shall be declared as such to the customs
authorities at the port or airport and a certified statement submitted showing the place of
origin and precise composition of the consignment.
(2) Every consignment or part thereof intended for sale or disposal in Kenya shall be
accompanied by a sufficient certificate, furnished by the recognized public authority at the
port of shipment or place of origin of the consignment, to the effect that the articles
mentioned therein are clean and have been efficiently disinfected to the satisfaction of that
authority.
(3) Such certificate shall in addition state in detail the method of disinfection and the
apparatus used, and be accompanied by a certificate or other satisfactory evidence that
the consignment has not been opened, nor interfered with, since the issue of the
certificate.
(4) Every consignment, whether accompanied by a certificate or not, shall be detained
by the customs pending its inspection or examination by a health officer or by any person
authorized by him to do so on his behalf.
(5) For the purposes of this rule, “efficiently disinfected” means disinfected to the
satisfaction of a health officer.
(6) Failing the production of satisfactory certificates as provided for in paragraph (2) of
this Rule, or if, despite the production of such certificates, the articles are found to be dirty
or unclean, the whole of such consignment shall be disinfected at the port of entry to the
satisfaction of a health officer at the sole expense, risk and delay of the consignee.
(7) If in the opinion of a health officer a consignment, or any part thereof, cannot be
satisfactorily disinfected, he may destroy or order the destruction of the whole or any part
of the consignment:
Provided that—
(i) if the goods to be destroyed exceed one thousand shillings in value the
previous consent in writing of the Director must be obtained;
(ii) where the goods to be destroyed exceed one thousand shillings in value
such destruction shall not be carried out if the owner or consignee re-
exports the said goods within a period of four weeks of the destruction
order.
(8) In the case of a consignment intended for places outside Kenya, if unaccompanied
by a certificate in terms of paragraph (2), the consignment may be landed under such
CAP. 242 [Rev. 2012]
Public Health
[Subsidiary]
[Issue 1] 112
guarantees as the Commissioner of Customs and Excise may require, provided such
consignment will be conveyed to its destination outside Kenya without being opened,
unpacked or disposed of within Kenya:
Provided that the government of any East African Territory may request the
Government to apply the provisions of this Rule to all articles consigned to places within
its territory, in which event the same requirements shall be enforced in respect of all such
articles as if they had been consigned to a place within Kenya.
(9) The recognized authority for granting the certificate of disinfection mentioned in
paragraph (2) shall be—
(a) the port health or sanitary authority of any British port at which a
consignment was shipped; or
(b) the local health or sanitary authority for any area in the United Kingdom or
British colony at which the goods have been packed; or
(c) the port health or sanitary authority of the municipality or other local health
authority at any foreign port, or at any place abroad at which the goods
have been packed.
(10) All expenses in respect of any disinfection carried out by the health administration
under these Rules shall be paid by the owner or consignee or his agent, who shall also be
responsible for the cost of any transport, unpacking or repacking which may be necessary.
37. Disinfection and destruction of articles
A health officer shall have power—
(a) to cause to be disinfected any article or thing on board or landed from any
ship or aircraft which is infected or suspected to be infected;
(b) to prohibit the landing from any ship or aircraft of any infected article or thing
until it has been disinfected to his satisfaction:
Provided that any article or thing may be landed for the purpose of
disinfection with the written permission of a health officer and subject to
such conditions and restrictions as he may specify;
(c) to order the destruction of any article or thing which in the opinion of the
health officer cannot be satisfactorily disinfected, either by or at the expense
of the officer in command or agent of the ship or aircraft:
Provided that—
(i) if the value of such article or thing exceeds one thousand shillings the
previous consent of the Director must be obtained;
(ii) mail (excluding parcels conveyed by post) which is contained in clean
intact bags or packages shall not be liable to disinfection.
38. Certificate of disinfection
A health officer shall furnish, if so requested by the officer in command, owners or
agents of any vessel or aircraft, a certificate stating the measures taken and the reasons
therefor, or shall enter those particulars on the declaration of health to be furnished to the
officer in command of such ship or aircraft before it leaves Kenya.
39. Destruction of unsound food
A health officer, or other person duly authorized in writing by him, shall have power—
(a) to inspect and examine, detain, seize or remove for the purpose of
examination any article of food or drink on board any ship or aircraft and
within any airport, port or harbour; and
[Rev. 2012] CAP. 242
Public Health
[Subsidiary]
113 [Issue 1]
(b) if he is of the opinion that such food or drink is diseased or otherwise unfit
for human consumption, to order it to be treated or disposed of in order to
avoid danger to health;
(c) to order the destruction of such article:
Provided that if the value of the article exceeds one thousand shillings he shall first
obtain the previous consent of the Director, and any expenses incurred in connexion with
such treatment or destruction shall be payable by the owner of such article or his agent
and shall be recoverable as a civil debt.
40. Prevention of nuisance in port
(1) It shall be an offence if the officer in command of any ship causes or permits any
manure, excreta or refuse of any kind to be thrown overboard from any ship in any
harbour or port so as to constitute a nuisance in the opinion of a health officer or the port
manager.
(2) The officer in command of a ship shall cause any such things to be removed to a
place set apart for the purpose or otherwise disposed of as a health officer may direct.
(3) Carcasses of dead animals and other offensive things shall be separately
disposed of.
(4) In the case of a cattle ship or other ship which in the opinion of a health officer is in
a filthy condition or has a large quantity of manure or other offensive matter on board, a
health officer, after consultation with the port manager, may order the officer in command
to remove such ship to a specified distance beyond the harbour area and there to cleanse
his ship.
41. Nuisances on board ships or aircraft
(1) It shall be the duty of the officer in command of any ship or aircraft to prevent the
existence of any nuisance or danger to health on his ship or aircraft.
(2) In the event of any such nuisance or danger to health arising, a health officer shall
have power to order the officer in command of such ship or aircraft to remedy it forthwith
and to take such measures as he may specify to prevent its recurrence.
(3) Failure or refusal to carry out any such requirements shall be an offence, and, in
addition, the officer in command may be ordered to remove his ship or aircraft from the
port or airport until such nuisance or danger to health has been remedied.
42. Removal of nuisance
(1) Where any nuisance is caused by any article within any harbour, port or airport,
the health officer shall have power to order the owner thereof, or his agent, or consignee,
to remove the cause of the nuisance forthwith.
(2) If such person fails to do so, or cannot be found, the health officer, after
consultation with the Commissioner of Customs and Excise or port manager, may order or
cause the nuisance to be removed and, if necessary for that purpose, may cause such
article to be destroyed.
(3) Any expense incurred in so doing shall be payable by the owner of such article or
cargo or his agent or other responsible person and shall be recoverable as a civil debt.
43. Prohibition of nuisance
It shall be an offence for any person to cause a nuisance or foul any public latrine or
urinal within any port or airport.
CAP. 242 [Rev. 2012]
Public Health
[Subsidiary]
[Issue 1] 114
44. Maritime Declaration of Health
(1) The officer in command of a ship on an international voyage shall, before arriving
at its first port of call in Kenya, ascertain the state of health on board, and, on arrival, shall
complete and deliver to the health officer for the port a Maritime Declaration of Health,
which shall be countersigned by the ship’s surgeon if one is carried.
(2) The officer in command and the ship’s surgeon shall supply any further information
required by the health officer as to the health conditions on board during the voyage.
(3) A Maritime Declaration of Health shall be in the form set out in the Sixth Schedule.
(4) Any officer in command who fails to carry out any of the provisions of this rule shall
be guilty of an offence.
45. Aircraft Health Declaration
(1) The officer in command of an aircraft on landing at an airport, or his authorized
agent, shall complete and deliver to the health officer for the airport a copy of that part of
the Aircraft General Declaration which contains the following information—
(a) illness suspected of being of an infectious nature which has occurred on
board during the flight;
(b) any other condition on board which may lead to the spread of disease;
(c) detail of each disinsecting or other sanitary treatment (place, date, time,
method) during the flight; if no disinsecting has been carried out during the
flight details of the most recent disinsecting should be given.
(2) The officer in command of an aircraft, or his authorized agent, shall supply any
further information required by the health officer as to health conditions on board during
the voyage.
(3) Any officer in command of an aircraft who fails to carry out any of the provisions of
this rule shall be guilty of an offence.
46. Certificates
(1) For the purposes of these Rules, a deratting certificate shall be in the form in the
Second Schedule.
(2) For the purposes of these Rules, a certificate of vaccination or revaccination
against cholera shall be in the form in the Third Schedule.
(3) For the purposes of these Rules, a certificate of vaccination or revaccination
against yellow fever shall be in the form in the Fourth Schedule.
(4) For the purposes of these Rules, a certificate of vaccination or revaccination
against smallpox shall be in the form in the Fifth Schedule.
47. Vaccination certificates of armed forces
For the purposes of these Rules, a vaccination document issued by the armed forces
to an active member of these forces shall be accepted by the health administration in lieu
of a certificate in the forms referred to in rule 46, provided that—
(a) it embodies medical information substantially the same as that required by
such forms; and
(b) it contains a statement regarding the nature and the date of the vaccination
and to the effect that it is issued in accordance with the provisions of the
International Sanitary Regulations.
[Rev. 2012] CAP. 242
Public Health
[Subsidiary]
115 [Issue 1]
48. Additional sanitary measures
A health officer shall have power to prescribe and enforce such additional sanitary
measures as he may consider necessary in respect of—
(a) migrants;
(b) seasonal workers or persons taking part in periodic mass congregations;
(c) movements of troops;
(d) any ship, aircraft, train or vehicle carrying such persons.
49. Recovery of expenses
(1) All expenses incurred by Government—
(a) in dealing with any person on a ship, aircraft, train or vehicle or recently
landed from a ship, aircraft, train or vehicle, suffering or suspected to be
suffering from any infectious disease or from any other disease which the
health administration may have notified in the Gazette; or
(b) in connexion with the detention in quarantine of any ship, aircraft, train or
vehicle or the isolation, accommodation, care and treatment of any person
suffering from, or who has been exposed to infection from, any infectious
disease; or
(c) in eradicating any infectious disease in any ship, aircraft, train or vehicle or
in any article or thing on board any ship, aircraft, train or vehicle,
shall be payable by the master, owner or agent of such ship, aircraft, train or vehicle and
shall be recoverable as a civil debt.
(2) For the carrying out of the services mentioned in paragraph (1) of this Rule, a
health officer may require the officer in command, owner or agent of such ship, aircraft,
train or vehicle to furnish satisfactory security or guarantees in respect of payment thereof
or he may require payment thereof in advance.
FIRST SCHEDULE
[Rules 2 and 16, L.N. 295/1979, r. 2.]
AIRPORTS
1. Jomo Kenyatta International Airport — Nairobi.
2. Moi International Airport — Mombasa.
3. Wilson Airport — Nairobi.
4. Kisumu Airport.
CAP. 242 [Rev. 2012]
Public Health
[Subsidiary]
[Issue 1] 116
SECOND SCHEDULE
[Rules 30 and 46(1).]
MED. 272
MEDICAL DEPARTMENT
DERATTING CERTIFICATE*—CERTIFICATE DE DERATISATION*
DERATTING EXEMPTION CERTIFICATE*—CERTIFICAT D’EXEMPTION DE DERATISATION*
Issued in accordance with Article 52 of the International Sanitary Regulations
Delivre conformement a l’article 52 du Reglement Sanitaire International
(Not to be taken away by Port Authorities.)—(Ce certificat ne doit pas être retiré par les autorites
portuaires.)
PORT OF ..................................................... PORT DE ......................................................................
Date—Date ..........................................................................
THIS CERTIFICATE records the inspection and deratting*
exemption*
at this port and on the above
date.
LE PRESENT CERTIFICAT atteste l’inspection et
la dératisation*
exemption*
en ce port et a la date
ci-dessus.
ship *of the
inland navigation vessel
* ............... of
net tonnage for a sea-going vessel ..........
....tonnage for an inland navigation vessel †
tonnage net, dans le cas d’un navire de haute mer *
du navire .................de ..........
tonnage ..... dans le cas d’un navire de navigation interleure †
inspection *At the time of
deratting
*the holds were laden with .................... tons of .................. cargo.
l’inspection *les cales etaient chargees de ......................................... tonnes Au moment de
la deratisation de ..........................................................................................cargo.
(*Strike out the unnecessary indications—Rayer les mentions Inutiles.)
(†Specify whether applies to metric displacement or any other method of determining the
tonnage—Specifier s’il s’agit de deplacement métrique ou, sinon, de quel autre tonnage il s’agit.)
RECOMMENDATIONS MADE — OBSERVATIONS.— In case of exemption, state here the
measures taken for maintaining the vessel or inland navigation vessel, in such a condition that the
number of rats on board is negligible.—Dans le cos d’exemption indiquer ici les mesures prises
pour que le navire soit maintenu dans des conditions telles que le nombre de rats a bord soit
négligeable.
.............................................................................
Seal, Name, Qualification and Signature of
Inspector
Cachet, Nom, Qualit et Signature de l’inspecteur
THIS CERTIFICATE SHOULD BE KEPT ON THE SHIP
[Rev. 2012] CAP. 242
Public Health
[Subsidiary]
117 [Issue 1]
S
E
C
O
N
D
S
C
H
E
D
U
L
E
—
co
n
tin
u
e
d
D
E
R
A
T
T
IN
G
C
E
R
T
IF
IC
A
T
E
(
a
)
—
C
E
R
T
IF
IC
A
T
D
E
D
E
R
A
T
IS
A
T
IO
N
(
a
)
D
E
R
A
T
T
IN
G
E
X
E
M
P
T
IO
N
C
E
R
T
IF
IC
A
T
E
(
a
)
—
C
E
R
T
IF
IC
A
T
D
’E
X
E
M
P
T
IO
N
D
E
D
E
R
A
T
IS
A
T
IO
N
(
a
)
D
E
R
A
T
T
IN
G
—
D
E
R
A
T
IS
A
T
IO
N
B
y
fu
m
ig
a
tio
n
—
p
a
r
fu
m
ig
a
tio
n
F
u
m
ig
a
n
t—
G
a
z
u
til
is
é
..
..
..
..
..
..
..
..
..
..
..
..
..
..
..
..
..
R
a
t
H
a
rb
o
u
ra
g
e
R
e
fu
g
e
s
a
r
a
ts
H
o
u
rs
e
xp
o
su
re
—
E
xp
o
si
tio
n
(
h
e
u
re
s
)
..
..
..
..
B
y
ca
tc
h
in
g
,
tr
a
p
p
in
g
o
r
p
o
is
o
n
in
g
p
e
r
ca
p
tu
re
o
u
p
o
ls
o
n
C
u
.
ft
.
sp
a
ce
Q
u
a
n
tit
y
u
se
d
(e
)
R
a
ts
f
o
u
n
d
d
e
a
d
T
ra
p
s
se
t
o
r
p
o
is
o
n
s
p
u
t
o
u
t
R
a
ts
c
a
u
g
h
t
o
r
ki
lle
d
C
o
m
p
a
rt
m
e
n
ts
C
o
m
p
a
rt
im
e
n
ts
(b
)
R
a
t
In
d
ic
a
tio
n
s
(c
)
T
ra
ce
s
d
e
R
a
ts
D
is
co
ve
re
d
tr
o
u
vé
s
(d
)
T
re
a
te
d
su
p
p
ri
m
é
s
C
a
p
a
ce
s
(m
e
t.
cu
b
e
s
)
Q
u
a
n
tit
é
s
e
m
p
lo
yé
e
s
R
a
ts
tr
o
u
vé
s
m
o
rt
s
P
ie
g
e
s
o
u
p
o
is
o
n
s
m
ls
R
a
ts
p
ri
s
o
u
tu
é
s
1
2
3
4
5
6
7
8
9
H
o
ld
s
C
a
le
s
..
..
..
1
—
2
—
3
—
4
—
5
—
6
—
7
S
h
e
lte
r
d
e
ck
sp
a
ce
E
n
tr
e
p
o
n
t
B
u
n
ke
r
sp
a
ce
S
o
u
te
a
c
h
a
rb
o
n
CAP. 242 [Rev. 2012]
Public Health
[Subsidiary]
[Issue 1] 118
S
E
C
O
N
D
S
C
H
E
D
U
L
E
—
co
n
tin
u
e
d
D
E
R
A
T
T
IN
G
—
D
E
R
A
T
IS
A
T
IO
N
B
y
fu
m
ig
a
tio
n
—
p
a
r
fu
m
ig
a
tio
n
F
u
m
ig
a
n
t—
G
a
z
u
til
is
é
.
..
..
..
..
..
..
..
..
..
..
..
..
..
..
..
..
R
a
t
H
a
rb
o
u
ra
g
e
R
e
fu
g
e
s
a
r
a
ts
H
o
u
rs
e
xp
o
su
re
—
E
xp
o
si
tio
n
(
h
e
u
re
s
)
..
..
..
..
B
y
ca
tc
h
in
g
,
tr
a
p
p
in
g
o
r
p
o
is
o
n
in
g
p
e
r
ca
p
tu
re
o
u
p
o
ls
o
n
C
u
.
ft
.
sp
a
ce
Q
u
a
n
tit
y
u
se
d
(e
)
R
a
ts
f
o
u
n
d
d
e
a
d
T
ra
p
s
se
t
o
r
p
o
is
o
n
s
p
u
t
o
u
t
R
a
ts
c
a
u
g
h
t
o
r
ki
lle
d
C
o
m
p
a
rt
m
e
n
ts
C
o
m
p
a
rt
im
e
n
ts
(b
)
R
a
t
In
d
ic
a
tio
n
s
(c
)
T
ra
ce
s
d
e
R
a
ts
D
is
co
ve
re
d
tr
o
u
vé
s
(d
)
T
re
a
te
d
su
p
p
ri
m
é
s
C
a
p
a
ce
s
(m
e
t.
cu
b
e
s
)
Q
u
a
n
tit
é
s
e
m
p
lo
yé
e
s
R
a
ts
tr
o
u
vé
s
m
o
rt
s
P
ie
g
e
s
o
u
p
o
is
o
n
s
m
ls
R
a
ts
p
ri
s
o
u
tu
é
s
1
2
3
4
5
6
7
8
9
E
n
g
in
e
-r
o
o
m
a
n
d
sh
a
ft
a
lle
y
C
h
a
u
ff
e
ri
e
s,
tu
n
n
e
l d
e
l’
a
rb
re
F
o
re
p
e
a
k
a
n
d
st
o
re
-r
o
o
m
P
e
a
k
a
va
n
t
e
t
m
a
g
a
si
n
A
ft
e
rp
e
a
k
a
n
d
st
o
re
-r
o
o
m
P
e
a
k
a
rr
iè
re
a
t
m
a
g
a
si
n
L
ife
b
o
a
ts
C
a
n
o
ts
d
e
sa
u
ve
ta
g
e
C
h
a
rt
s
a
n
d
w
ir
e
le
ss
r
o
o
m
s
C
h
a
m
b
re
d
e
ca
rt
e
s
T
.S
.F
[Rev. 2012] CAP. 242
Public Health
[Subsidiary]
119 [Issue 1]
S
E
C
O
N
D
S
C
H
E
D
U
L
E
—
co
n
tin
u
e
d
D
E
R
A
T
T
IN
G
—
D
E
R
A
T
IS
A
T
IO
N
B
y
fu
m
ig
a
tio
n
—
p
a
r
fu
m
ig
a
tio
n
F
u
m
ig
a
n
t—
G
a
z
u
til
is
é
..
..
..
..
..
..
..
..
..
..
..
..
..
..
..
..
..
R
a
t
H
a
rb
o
u
ra
g
e
R
e
fu
g
e
s
a
r
a
ts
H
o
u
rs
e
xp
o
su
re
—
E
xp
o
si
tio
n
(
h
e
u
re
s
)
..
..
..
..
.
B
y
ca
tc
h
in
g
,
tr
a
p
p
in
g
o
r
p
o
is
o
n
in
g
p
e
r
ca
p
tu
re
o
u
p
o
ls
o
n
C
u
.
ft
.
sp
a
ce
Q
u
a
n
tit
y
u
se
d
(e
)
R
a
ts
f
o
u
n
d
d
e
a
d
T
ra
p
s
se
t
o
r
p
o
is
o
n
s
p
u
t
o
u
t
R
a
ts
c
a
u
g
h
t
o
r
ki
lle
d
C
o
m
p
a
rt
m
e
n
ts
C
o
m
p
a
rt
im
e
n
ts
(b
)
R
a
t
In
d
ic
a
tio
n
s
(c
)
T
ra
ce
s
d
e
R
a
ts
D
is
co
ve
re
d
tr
o
u
vé
s
(d
)
T
re
a
te
d
su
p
p
ri
m
é
s
C
a
p
a
ce
s
(m
e
t.
cu
b
e
s
)
Q
u
a
n
tit
é
s
e
m
p
lo
yé
e
s
R
a
ts
tr
o
u
vé
s
m
o
rt
s
P
ie
g
e
s
o
u
p
o
is
o
n
s
m
ls
R
a
ts
p
ri
s
o
u
tu
é
s
1
2
3
4
5
6
7
8
9
G
a
lle
y
C
u
is
in
e
s
P
a
n
tr
y
C
a
m
b
u
se
s
P
ro
vi
si
o
n
s
st
o
re
-
ro
o
m
s
so
u
te
s
a
v
iv
re
s
Q
u
a
rt
e
rs
(
cr
e
w
)
P
o
st
e
s
(e
q
u
ip
a
g
e
)
Q
u
a
rt
e
s
(o
ff
ic
e
rs
)
ch
a
m
b
re
s
(o
ff
ic
ie
rs
)
Q
u
a
rt
e
s
(c
a
b
in
p
a
ss
e
n
g
e
rs
)
C
a
b
in
e
s
(p
a
ss
a
g
e
rs
)
CAP. 242 [Rev. 2012]
Public Health
[Subsidiary]
[Issue 1] 120
S
E
C
O
N
D
S
C
H
E
D
U
L
E
—
co
n
tin
u
e
d
D
E
R
A
T
T
IN
G
—
D
E
R
A
T
IS
A
T
IO
N
B
y
fu
m
ig
a
tio
n
—
p
a
r
fu
m
ig
a
tio
n
F
u
m
ig
a
n
t—
G
a
z
u
til
is
é
..
..
..
..
..
..
..
..
..
..
..
..
..
..
..
..
..
R
a
t
H
a
rb
o
u
ra
g
e
R
e
fu
g
e
s
a
r
a
ts
H
o
u
rs
e
xp
o
su
re
—
E
xp
o
si
tio
n
(
h
e
u
re
s
)
..
..
..
..
.
B
y
ca
tc
h
in
g
,
tr
a
p
p
in
g
o
r
p
o
is
o
n
in
g
p
e
r
ca
p
tu
re
o
u
p
o
ls
o
n
C
u
.
ft
.
sp
a
ce
Q
u
a
n
tit
y
u
se
d
(e
)
R
a
ts
f
o
u
n
d
d
e
a
d
T
ra
p
s
se
t
o
r
p
o
is
o
n
s
p
u
t
o
u
t
R
a
ts
c
a
u
g
h
t
o
r
ki
lle
d
C
o
m
p
a
rt
m
e
n
ts
C
o
m
p
a
rt
im
e
n
ts
(b
)
R
a
t
In
d
ic
a
tio
n
s
(c
)
T
ra
ce
s
d
e
R
a
ts
D
is
co
ve
re
d
tr
o
u
vé
s
(d
)
T
re
a
te
d
su
p
p
ri
m
é
s
C
a
p
a
ce
s
(m
e
t.
cu
b
e
s
)
Q
u
a
n
tit
é
s
e
m
p
lo
yé
e
s
R
a
ts
tr
o
u
vé
s
m
o
rt
s
P
ie
g
e
s
o
u
p
o
is
o
n
s
m
ls
R
a
ts
p
ri
s
o
u
tu
é
s
1
2
3
4
5
6
7
8
9
Q
u
a
rt
e
rs
(s
te
e
ra
g
e
)
p
o
st
e
s
(e
m
ig
ra
n
ts
)
T
O
T
A
L
.
..
..
..
..
..
..
..
(a
)
S
tr
ik
e
o
u
t
th
e
u
n
n
e
ce
ss
a
ry
in
d
ic
a
tio
n
s—
R
a
ye
r
le
s
m
e
n
tio
n
s
in
u
til
e
s.
(b
)
In
ca
se
a
n
y
o
f
th
e
co
m
p
a
rt
m
e
n
t
e
n
u
m
e
ra
te
d
d
o
n
o
t
e
xi
st
o
n
th
e
sh
ip
o
r
in
la
n
d
n
a
vi
g
a
tio
n
ve
ss
e
l,
th
is
fa
ct
m
u
st
b
e
m
e
n
tio
n
e
d
—
L
o
rs
q
’u
n
d
e
s
co
m
p
a
rt
im
e
n
ts
é
n
u
m
é
ré
s
n
e
xi
st
e
p
a
s
su
r
le
n
a
vi
re
,
o
n
d
e
vr
a
le
m
e
n
tio
n
e
r
e
xp
re
ss
é
m
e
n
t.
(c
)
O
ld
o
r
re
ce
n
t
e
vi
d
e
n
ce
o
f
e
xc
re
ta
,
ru
n
s
o
r
g
n
a
w
in
g
—
tr
a
ce
s
a
n
ci
e
n
n
e
s
o
u
r
e
é
ce
n
te
s
d
’e
xc
ré
m
e
n
ts
,
d
e
p
a
ss
a
n
g
e
s
o
u
d
e
r
o
n
g
e
m
e
n
ts
.
(d
)
N
o
n
e
.
S
m
a
ll.
M
o
d
e
ra
te
o
r
L
a
rg
e
—
N
é
a
n
t.
P
e
u
.
P
a
ss
a
b
le
m
e
n
t
o
r
B
e
a
u
co
u
p
.
(e
)
S
ta
te
th
e
w
e
ig
h
t
o
f
su
lp
h
u
r
o
r
o
f
cy
a
n
id
e
sa
lts
o
r
q
u
a
n
tit
y
o
f
H
C
N
u
se
d
—
In
d
iq
u
e
r
le
s
p
o
id
s
d
e
so
u
fr
e
o
u
d
e
cy
a
n
u
re
o
u
la
p
ro
p
o
rt
io
n
d
’a
ci
d
e
cy
a
n
h
yd
ri
q
u
e
.
..
..
..
..
..
..
..
..
..
..
..
..
..
..
..
..
..
..
..
..
..
..
..
..
..
..
..
..
..
..
..
..
..
..
..
..
..
..
..
..
..
..
..
..
..
..
..
..
..
..
..
..
..
..
..
..
..
..
..
..
..
..
S
e
a
l,
N
a
m
e
,
Q
u
a
lif
ic
a
tio
n
a
n
d
S
ig
n
a
tu
re
o
f
In
sp
e
ct
o
r
C
a
ch
e
t,
N
o
n
,
Q
u
a
lit
é
e
t
S
ig
n
a
tu
re
d
e
l’
in
sp
e
ct
e
u
r
[Rev. 2012] CAP. 242
Public Health
[Subsidiary]
121 [Issue 1]
THIRD SCHEDULE
[Rules 2 and 46(2).]
Form of Certificate Issued by the Government of Kenya
Figure de Certificat émis par le Government de Kenya
INTERNATIONAL CERTIFICATE OF VACCINATION OR REVACCINATION
AGAINST CHOLERA
CERTIFICAT INTERNATIONAL DE VACCINATION OU DE REVACCINATION
CONTRE LE CHOLERA
This is to certify that ................... date of birth ....................... sex ...............
Je soussigné (e)
(certifie que)
né (e) le sexe
whose signature follows
dont la signature suit
...........................................................................................................
has on the date indicated been vaccinated or revaccinated against cholera.
a ete vacciné (e) au revacciné(e) contre le cholére a la date indiquée.
Date
Signature and professional status of
vaccinator
Signature et qualité professionnelle
du vaccinateur
Approved Stamp
Cachet d’authentification
1.
2.
1 2
3.
4.
3 4
5.
6.
5 6
7.
8.
(See overleaf) (Voyez sur l’autre côté)
This validity of this certificate shall extend for a period of six months, beginning six days after the
first injection of the vaccine or, in the event of a revaccination within such period of six months, on
the date of that revaccination.
The approved stamp mentioned above must be in a form prescribed by the health administration
of the territory in which the vaccination is performed.
Any amendment of this certificate, or erasure, or failure to complete any part of it, may render it
invalid.
La validité de ce certificat coure une période de six mois commençant six jours apres la preimire
injection du vaccin, ou, dans le cos d’une revaccination au cours de cette periode de six mois, le
jour de cette revaccination.
Le cachet d’authentification doit étre conform au modele present par l’administration sanitaire du
territoire où la vaccination est effectuée.
Toute correction ou rature sur le certificat ou remission d’une quelconque des mentions qu’il
comporte peut affecter sa validité.
CAP. 242 [Rev. 2012]
Public Health
[Subsidiary]
[Issue 1] 122
FOURTH SCHEDULE
[Rules 2 and 46(3).]
Form of Certificate issued by the Government of Kenya
Figure de Certificat émis par le Government de Kenya
INTERNATIONAL CERTIFICATE OF VACCINATION OR REVACCINATION
AGAINST YELLOW FEVER
CERTIFICAT INTERNATIONAL DEVACCINATION OU DE REV ACCINATION
CONTRE LE FIEVRE JAUNE
This is to certify that date of birth sex
Je soussigné(e) (certifie que)
.................
né (e) le
................
sexe
.................
whose signature follows
dont la signature suit
..........................................................................................................
has on the date indicated been vaccinated or revaccinated against yellow fever.
a ete vacciné(e) ou revacciné(e) contre la fièvre jaune à la date indiquee.
Signature and
professional status of
vaccinator
Origin and batch
No. of vaccine
Official stamp of
vaccinating centre
Date
Signature et qualité
professionelle du
vaccinateur
Origine du vaccin
employé et numero
du lot
Cachet officiel du
centre de vaccination
1.
2.
1 2
3.
4.
3 4
(See overleaf) (Voyez sur l’autre côté)
This certificate is valid only if the vaccine used has been approved by the World Health
Organization and if the vaccinating centre has been designated by the health administration for the
territory in which that centre is situated.
The validity of this certificate shall extend for a period of six years beginning ten days after the
date of vaccination or, in the event of a revaccination within such period of six years, from the date
of that revaccination.
Any amendment of this certificate, or erasure, or failure to complete any part of it, may render it
invalid.
Ce certificat n’est valable que si le vaccin employé a été approuvé par l’Organisation Mondiale de
la Santé et si le centre de vaccination a été habilité par l’administration sanitaire du territoire dans
lequel ce centre est situé.
La validité de ce certificat couvre une periode de six ans commencant dix jours après la date de
la vaccination ou, dans le cas ďune revaccination au cours de cette période de six ans, le jour de
cette revaccination.
Toute correction ou rature sur le certificat ou l’omission sune quelconque des mentions qu’il
comporte peut affecter sa validité.
[Rev. 2012] CAP. 242
Public Health
[Subsidiary]
123 [Issue 1]
FIFTH SCHEDULE
[Rules 2 and 46(3).]
Form of Certificate issued by the Government of Kenya
Figure de Certificat émis par le Government de Kenya
INTERNATIONAL CERTIFICATE OF VACCINATION OR REVACCINATION
AGAINST SMALLPOX
CERTIFICAT INTERNATIONAL DEVACCINATION OU DE REV ACCINATION
CONTRE LA VARIOLE
This is to certify that date of birth sex
Je soussigné(e)
(certifie que)
................. né(e) le
................ sexe
................
whose signature follows
dont la signature suit
..........................................................................................................
has on the date indicated been vaccinated or revaccinated against smallpox.
a été vacciné(e) ou revacciné(e) contre la variole à la date indiqueé.
Signature and
professional status of
vaccinator Approved stamp
Date
Show by “X” whether
Indiquer par “X” s΄ils΄agit de Signature et qualité
professionelle du
vaccinateur
Cache
ď authentification
1. Primary vaccination (1st attempt) Premovaccination (ler essal) 1.
(a) Performed (a) (a)
Effectuée
(b) Read as successful/Prise (b) (b)
or/ou
unsuccessful/pas de prise
2. Primary vaccination (2nd attempt) Premovaccination (2me essal) 2.
(a) Performed (a) (a)
Effectuée
(b) Read as successful/Prise (b) (b)
or/ou
unsuccessful/pas de prise
3. Revaccination
4. Revaccination
5. Revaccination
6. Revaccination
(See overleaf) (Voyez sur l’autre côté)
The validity of this certificate shall extend for a period of three years beginning eight days after
the date of a successful primary vaccination or, in the event of a revaccination, on the date of
revaccination.
CAP. 242 [Rev. 2012]
Public Health
[Subsidiary]
[Issue 1] 124
FIFTH SCHEDULE—continued
The approved stamp mentioned above must be in a form prescribed by the health administration
of the territory in which the vaccination is performed.
Any amendment of this certificate, or erasure, or failure to complete any part of it, may render it
invalid.
La validité de ce certificat couvre une période de trois ans commencant huit jours aprés la date
de la primovaccination effectuée avec succes (prise) ou, dans le cos dune revaccination, le jour de
cette revaccination.
Le cachet ďauthentification doit être conforme au modèle prescrit par l’administration sanitaire du
territoire où la vaccination est effectuée.
Toute correction ou rature sur le certificat ou remission sune quelconque des mentions qu’il
comporte peut affecter sa validité.
SIXTH SCHEDULE
[Rules 44(3).]
MARITIME DECLARATION OF HEALTH
(To be rendered by the masters of ships arriving from ports outside the territory)
Port of .................................................. Date ....................................................................
Name of ship ....................................... From ..................... To .......................................
Nationality ............................................ Master’s name ....................................................
Net Registered Tonnage ......................................................................................................................
Deratting or Certificate .................................. Dated ..................................................
Deratting Exemption
Issued at .................................................................................................
Number of Cabin ...................................... Number of crew .................................................
passengers
Deck ....................................................................................................................
List of ports of call from commencement of voyage with dates of departure: .......................................
...............................................................................................................................................................
...............................................................................................................................................................
Health Questions
Answer
Yes or No
1. Has there been on board during the voyage* any case or suspected
case of plague, cholera, yellow fever, smallpox, typhus or relapsing
fever? Give particulars in the Schedule ........................................... ....................................
2. Has plague occurred or been suspected among the rats or mice on
board during the voyage*, or has there been an abnormal mortality
among them? ................................................................................... ....................................
3. Has any person died on board during the voyage* otherwise than as
a result of accident? Give particulars in Schedule . .......................... ....................................
4. Is there on board or has there been during the voyage* any case of
disease which you suspect to be of an infectious nature? Give
particulars in Schedule .................................................................... ....................................
5. Is there any sick person on board now? Give particulars in
Schedule ......................................................................................... ....................................
Note.—In the absence of a surgeon, the Master should regard the following symptoms as ground
for suspecting the existence of an infectious nature: fever accompanied by prostration or
persisting for several days, or attended with glandular swelling; any acute skin rash or
eruption with or without fever; severe diarrhoea with symptoms of collapse; jaundice
accompanied by fever.
[Rev. 2012] CAP. 242
Public Health
[Subsidiary]
125 [Issue 1]
SIXTH SCHEDULE—continued
6. Are you aware of any other condition on board which may lead to
infection or the spread of disease? .................................................. ....................................
I hereby declare that the particulars and answers to the questions given in this Declaration of
Health (including the Schedule ) are true and correct to the best of my knowledge and belief.
Signed ................................................................
Master
Countersigned ....................................................
Ship’s Surgeon
Date ....................................................................
* If more than four weeks have elapsed since the voyage began, it will suffice to give particulars
for the last four weeks.
CAP. 242 [Rev. 2012]
Public Health
[Subsidiary]
[Issue 1] 126
S
IX
T
H
S
C
H
E
D
U
L
E
—
co
n
tin
u
e
d
S
C
H
E
D
U
L
E
T
O
T
H
E
D
E
C
L
A
R
A
T
IO
N
P
a
rt
ic
u
la
rs
o
f
e
ve
ry
c
a
se
o
f
ill
n
e
ss
o
r
d
e
a
th
o
cc
u
rr
in
g
o
n
b
o
a
rd
N
a
m
e
C
la
ss
o
r
ra
tin
g
A
g
e
S
e
x
N
a
tio
n
a
lit
y
P
o
rt
o
f
e
m
b
a
rk
a
tio
n
D
a
te
o
f
e
m
b
a
rk
a
tio
n
N
a
tu
re
o
f
ill
n
e
ss
D
a
te
o
f
its
o
n
se
t
R
e
su
lts
o
f
ill
n
e
ss
∗
D
is
p
o
sa
l
o
f
ca
se
†
∗
S
ta
te
w
h
e
th
e
r
re
co
ve
re
d
;
st
ill
il
l;
d
ie
d
.
†
S
ta
te
w
h
e
th
e
r
s
til
l o
n
b
o
a
rd
;
la
n
d
e
d
a
t
(g
iv
e
n
a
m
e
o
f
p
o
rt
)
b
u
ri
e
d
a
t
se
a
.
[Rev. 2012] CAP. 242
Public Health
[Subsidiary]
127 [Issue 1]
SEVENTH SCHEDULE
Notice of Expected Arrival of a Vessel
1. Name of the vessel.
2. Nationality.
3. Last port of call.
4. Date expected.
5. Approximate tonnage (specify whether net or gross).
6. Tonnage and description of cargo to be landed.
7. Approximate number of passengers to disembark.
8. Agents.
9. Remarks.
To the Port Health Officer,
Port of .................................................................
[Rev. 2012] CAP. 242
Public Health
[Subsidiary]
129 [Issue 1]
TARIFF OF CHARGES PRESCRIBED
[G.N. 1086/1949.]
UNDER SECTION 73(J)
The following charges, based on net tonnage, are payable by masters or owners or
agents of vessels in respect of the inspection of a vessel and the issue of a deratization
certificate or of a deratization exemption certificate by the Port Health Officer—
Sh. cts.
For ships of up to 300 tons ................................................................................... 10 50
For ships of from 301 tons to 1,000 tons .............................................................. 21 00
For ships of from 1,001 tons to 3,000 tons ........................................................... 42 00
For ships of from 3,001 tons to 10,000 tons ......................................................... 63 00
For ships of over 10,000 tons ............................................................................... 84 00
The above charges are in addition to any charges that may be made for any
fumigation or deratization by the port authorities.
[Rev. 2012] CAP. 242
Public Health
[Subsidiary]
131 [Issue 1]
PUBLIC HEALTH (DRAINAGE AND LATRINE) RULES
ARRANGEMENT OF RULES
Rule
1. Citation.
2. Application.
3. Interpretation.
Drainage and Sewerage Provisions, etc.
4. Local authority to enforce drainage of undrained buildings.
5. Two or more buildings may be drained by combined operation.
6. New buildings must be drained.
7. Local authority may require sinks, drains or other necessary appliances to be
provided to buildings.
8. Conversion of latrines into water-closets.
9. Where sewer available, local authority may require it to be used.
10. Maintenance of drains and drainage works.
11. Examination of drains, latrines, cesspools and septic tanks.
12. Local authority may test drains.
13. Stoppages in drains.
14. Penalty for unauthorized building over sewers or under streets.
15. Injurious matters not to be passed into sewers.
16. Power to prohibit the passing of solid matter, steam, chemical refuse, etc., into
sewers.
17. Brewery or manufacturing sewage.
18. Power to make inspection chamber in manufacturing premises.
19. Rain-water pipes not to communicate directly with a closed drain.
20. Notice to be given of intention to make a sewer connexion.
21. Sewer connexions not to be made without permission.
22. Drainage works in streets and other public places.
23. Local authority may arrange with owners to carry out private drainage works.
24. Owner outside district may arrange with local authority to connect to sewer.
25. Charges to cover supervision, etc.
26. Tins, bottles, etc., not to be allowed to enter drains.
27. Traps, gullies and ventilation pipes to be kept free from obstruction.
Construction of Drains
28. Excavation for and laying of drains.
29. Requirements for construction of closed drains.
30. Requirements for construction of drains.
31. Inlets to drains to be trapped.
32. No right-angled junctions to be made.
33. Drains to be trapped from cesspools and septic tanks, etc.
34. Drains not to be trapped from sewers.
35. Provision of inspection chambers on drains.
CAP. 242 [Rev. 2012]
Public Health
[Subsidiary]
[Issue 1] 132
Rule
36. Ventilation of drains.
37. No inlets to drains within buildings.
Soil-Pipes
38. Requirements for soil-pipes.
39. Anti-syphonage pipes to soil-pipes.
40. Connexion of lead pipe with an iron pipe.
41. Connexion of stoneware pipe with a lead pipe.
42. Connexion of lead pipe with a stoneware pipe.
43. Connexion of iron pipe with stoneware pipe.
44. Connexion of stoneware pipe, with an iron pipe.
Waste-Pipes and Waste-Water Fittings
45. Requirements for waste-pipes and waste-water fittings.
46. Rain-water pipes not to be used for conveying soil-water or waste-water.
47. Overflow pipe not to be connected with any drain or ventilating pipe.
Gully Traps
48. Gully traps.
Grease Traps
49. Grease traps.
Water-Closets, Slop-Hoppers, Urinals, etc.
50. Water-closets.
51. Urinals.
52. Slop-hoppers.
53. Traps and joints of soil-water fittings.
54. Requirements for construction of soil-water fittings.
55. Automatic water-flushing cisterns not to be provided without permission.
56. Automatic water-flushing cisterns.
57. Water-closets to be kept provided with sufficient supply of water.
58. Position and enclosure of soil-water fittings.
59. Window and ventilation for soil-water fitting.
60. Trough-closets to open to external air.
61. Conditions for construction of water-closets.
Septic Tanks and Sewage Filter Installations, etc.
62. Requirements as to septic tanks, etc.
Disposal of Sewage
63. Disposal of sewage.
Deposit of Drainage Plans, Giving of Notices, etc.
64. Notice to be given and plans deposited of new drainage works.
65. Addition to, partial construction, reconstruction or alteration of existing drainage
works.
66. Copy of plans, etc., to belong to local authority.
67. Approval of drainage plans.
68. Drainage work not to be commenced before approval obtained.
[Rev. 2012] CAP. 242
Public Health
[Subsidiary]
133 [Issue 1]
Rule
69. In default of local authority drainage work may be proceeded with.
70. Alteration and construction of drainage work in cases of urgency.
71. Works notice before drainage work is commenced.
72. Notice that work is completed and ready for testing.
73. Drainage work not to be covered up until tested and approved.
74. Certificate to be issued on completion of drainage.
75. Fresh notice to be given if work not proceeded with within one year.
76. Unauthorized drainage work.
Licensing of Plumbers and Drainlayers
77. Drainage work to be carried out by licensed plumbers and drainlayers.
78. Plumbers and drainlayers must satisfy local authority of their competency.
79. Register of licensed persons to be kept by local authority and signed by licensees.
80. Licence to be produced for inspection.
81. Cancellation of licence.
82. Date of effect.
Provision of Latrine Accommodation
83. New buildings must be provided with latrine accommodation.
84. Local authority to require latrine accommodation in existing buildings.
85. Latrines for factories and workshops, etc.
86. Latrines for hotels, boarding-houses, theatres, public halls, etc.
87. Temporary latrines for workmen.
88. Latrines for different races.
89. Improper use of latrines used in common.
90. Improper use of public latrines.
91. No latrine other than water-closet to be constructed within 200 feet of sewer.
92. No latrine other than water-closet or urinal inside dwelling.
93. Latrines other than water-closets and urinals to be protected against flies.
94. Local authority to enforce protection of latrines against flies.
Pail-Closets
95. Requirements as to pail closets.
Pit-Closets
96. Pit-closets not to be constructed without permit from local authority.
Miscellaneous
97. Notices may be printed or written.
98. Service of notices.
99. Defect in form not to invalidate notices.
100. Penalties
SCHEDULES
FIRST SCHEDULE – REQUIREMENTS REGARDING WATER-CLOSETS
SECOND SCHEDULE
CAP. 242 [Rev. 2012]
Public Health
[Subsidiary]
[Issue 1] 134
PUBLIC HEALTH (DRAINAGE AND LATRINE) RULES
[Cap. 130 of (1948), Sub. Leg. L.N. 138/1959, L.N. 92/1960.]
RULES UNDER SECTION 126
1. Citation
These Rules may be cited as the Public Health (Drainage and Latrine) Rules.
2. Application
The Minister may, by notice in the Gazette, declare that on and after a specified date
the whole of these Rules or specified provisions thereof shall apply to the whole or a
specified part of the district of any local authority, hereinafter referred to as the local
authority.
[L.N. 138/1959, r. 2.]
3. Interpretation
In these Rules, unless the context otherwise requires—
“closed drain” means any drain constructed of pipes or in the form of an enclosed
conduit;
“cement” and “Portland cement” mean Portland cement which conforms in
every respect with the current British Standard Specification for Ordinary Portland
Cement and Rapid Hardening Cement;
“drainage works” means the construction, installation, laying, connecting, fixing,
repair or removal of any pipe, drain, gully, cesspool, septic tank, sewage filter
installation or other works for the discharge, reception or disposal of sewage in
connexion with any premises, or of any waste-pipe, soil-pipe, trap, urinal, water-closet,
slop-hopper, sink, bath, lavatory basin, ventilation pipe or antisyphonage pipe, or any
drain fitting or water-flushing cistern, or any works connected with the discharge of
liquid or soiled matter into any drain, sewer, cesspool, septic tank, sewage filter
installation or other like receptacle for drainage, or otherwise connected with the
drainage of any premises;
“domestic building” includes any building in human use, or intended for human
use, whether for purposes of business or residence or amusement;
“dwelling-house” means a building or any part or portion of a building used, or
constructed, adapted or designed to be used, for human habitation, as a separate
tenancy, or by one family only, whether detached, semi-detached or separated by
party walls or by floors from adjoining buildings, together with such outbuildings as are
reasonably required to be used or enjoyed therewith;
“earth-closet” means a pail-closet furnished with means for sprinkling earth,
ashes or any other material for the purpose of absorbing or covering the excremental
matter;
“housemaid’s sink” means any fitting used or intended to be used in connexion
with the cleansing of toilet-ware but neither used nor intended to be used for the
reception of any excremental liquid or substance;
“latrine” includes privy, urinal, pail-closet, pit-closet, earth-closet, chemical-closet
and water-closet;
[Rev. 2012] CAP. 242
Public Health
[Subsidiary]
135 [Issue 1]
“latrine accommodation” includes a receptacle for human excreta, together with
the structure containing and including such receptacle and the fittings and apparatus
connected therewith;
“pail-closet” means latrine accommodation including a movable receptacle for
human excreta;
“pit-closet” means latrine accommodation situated over any hole or excavation in
the ground;
“plot” means any area of land being the subject of a separate conveyance,
assignment or lease;
“sanitary inspector” means a sanitary inspector appointed by Government or by
a local authority to act as such within the district of a local authority;
“sewage” means soil-water, waste waters and manufacturing or trade effluent;
“sewer” means any duct belonging to the local authority and constructed, acquired
or maintained for the purpose of conveying sewage;
“sewer connexion” means any pipe junction, saddle or other contrivance
constructed in any sewer belonging to the local authority for the purpose of receiving
the discharge from any drain, or the drainage from one or more buildings into such
sewer;
“slop-hopper” means any fitting intended for the reception of slop water from
bedrooms or other waste waters containing excremental liquid or substance;
“soil-pipe” means any pipe fixed on or in any building for the purpose of
conveying the discharges from any water-closet, slop-hopper, urinal or urinette, or any
waste waters containing excremental liquid or substance;
“soil-water” means discharges from water-closets, slop-hoppers, urinals and
urinettes, and all waters containing any excremental liquid or substance;
“soil-water fittings” means water-closets, slop-hoppers, urinals and urinettes, and
all water fittings adapted or designed for the reception of matters of an excremental
character which are or are to be connected to any system of drainage;
“water-closet” means latrine accommodation adapted or designed for the
reception of human excreta, of both a solid and liquid character, used or adapted or
intended to be used in connexion with a water carriage system, and comprising
provision for the flushing of the receptacle by means of an approved water supply;
“waste-pipe” means any pipe for conveying waste water of a non-excremental
character from baths, lavatory basins, sinks, housemaids’ sinks or butlers’ sinks;
“waste water” means discharge of a non-excremental character from baths,
lavatory basins, sinks, housemaids’ sinks or butlers’ sinks;
“waste-water fittings” means baths, lavatory basins, sinks, housemaids’ sinks
and butlers’ sinks.
Drainage and Sewerage Provisions, etc.
4. Local authority to enforce drainage of undrained buildings
(1) Where any building is without a drain sufficient for the effectual drainage of the
same, the local authority shall by written notice require the owner of such building within a
reasonable time therein specified to make a drain or drains emptying into any sewer
belonging to the local authority which is at a suitable level, and which is not more than two
hundred feet distant from any part of such building, but, if no such means of drainage are
within that distance, then emptying into such covered tank or other like receptacle for
CAP. 242 [Rev. 2012]
Public Health
[Subsidiary]
[Issue 1] 136
drainage not being under any building or in such other manner as the local authority may
direct; and the local authority may require any such drain or drains to be of such materials
and size, and to be laid at such level and in such manner and with such falls, as may
appear to the local authority to be necessary:
Provided that where, in the opinion of the local authority, greater expense would be
incurred in causing the drains of two or more buildings to empty into an existing sewer
pursuant to this rule than in constructing a new sewer and causing such drains to empty
therein, the local authority may construct such new sewer, or cause such new sewer to be
constructed, and require the owners of such buildings to cause their drains to empty
therein, and may apportion as they deem just the expenses of the construction of such
sewer, amongst the owners of the several buildings, and recover as a civil debt
recoverable summarily the sums apportioned from such owners.
(2) Any person who fails to comply with the requirements of any notice served under
this rule within the time specified shall be guilty of an offence, and the local authority may,
after the expiration of the time specified in the notice, do the work required, and may
recover as a civil debt recoverable summarily the expenses incurred by it in so doing from
the owner.
5. Two or more buildings may be drained by combined operation
If it appears to the local authority that two or more buildings which are to be connected
with any sewer belonging to the local authority either voluntarily or compulsorily may be
drained more economically or advantageously in combination than separately, and a
sewer of sufficient size belonging to the local authority already exists or is about to be
constructed at a suitable level and within two hundred feet of any part of such buildings,
the local authority may when the drains of such buildings are first laid order that such
buildings be drained by a combined system of drainage to be constructed either by the
local authority if it so decides or by the owners in such manner as the local authority
directs, and the costs and expenses of the construction of such combined system of
drainage and of the repair and maintenance thereof shall be apportioned between the
owners of such buildings in such manner as the local authority determines, and if paid by
the local authority may be recovered by it from such owners.
6. New buildings must be drained
(1) No persons shall erect a new building or re-erect any building, any two external
walls of which have been pulled down or burned down or which have fallen down to or
below the level of the ground floor, or occupy or, being the owner thereof, permit to be
occupied any building so newly erected or re-erected, unless a drain or drains have been
constructed of such materials and size, and laid at such level, in such manner and with
such fall, as may appear necessary to the local authority for the effectual drainage of such
building; and the drain or drains so to be constructed shall empty into any sewer belonging
to the local authority which is at a suitable level and which is within two hundred feet of
any part of the site of the building to be erected or re-erected; and if no such means of
drainage are within that distance then shall empty into such covered tank or other place,
not being under any building, as the local authority may direct.
(2) Any person who causes any building to be erected or re-erected or any drain to be
constructed in contravention of this Rule shall be guilty of an offence.
(3) Notwithstanding anything contained in these Rules, no person shall cause or
permit any subsoil, surface, storm-water or rain-water, or any drain for the conveyance of
such waters, to discharge into or communicate with any drain or sewer for the conveyance
of sewage or waste water, or into any cesspool, septic tank or other receptacle for
drainage except with the written permission or by the direction of the local authority, and
then only on the condition that such subsoil, surface, storm-water or rain-water drain shall
discharge directly into the open air over a trapped gully and above the level of the water
therein, and no person shall cause or permit any sewage or waste-water drain to
[Rev. 2012] CAP. 242
Public Health
[Subsidiary]
137 [Issue 1]
discharge into or communicate with any drain or sewer for the conveyance of subsoil,
surface, storm-water or rain-water except with the written permission or by the direction of
the local authority.
7. Local authority may require sinks, drains or other necessary appliances to be
provided to buildings
(1) If it appears to the local authority that any building built before or after the
commencement of these Rules is not provided with a proper sink or drain or other
necessary appliances for carrying off waste water from such building, the local authority
may give notice in writing to the owner of such building requiring him, in the manner and
within the time specified in such notice, to provide such sink, drain or other appliances.
(2) If the owner makes default in complying with such requirement to the satisfaction
of the local authority within the time specified in such notice, he shall be guilty of an
offence, and in case of default the local authority may, if it thinks fit, itself provide such
sink, drain or other appliances, and the expenses incurred by it in so doing shall be repaid
to it by such owner, and may be recovered as a civil debt recoverable summarily.
8. Conversion of latrines into water-closets
(1) If any privy, earth-closet, pail-closet, pit-closet or other closet not being a water-
closet, or the building served by such privy, earth-closet, pail-closet, pit-closet or other
closet not being a water-closet, is within two hundred feet of any sewer belonging to the
local authority which is at a suitable level, and if there is a sufficient water supply, the local
authority may, by written notice addressed to the owner of the same, require the said
owner within a reasonable time, to be specified in such notice, to convert the privy, earth-
closet, pail-closet, pit-closet or other closet not being a water-closet, into a water-closet
and to connect the same to the said sewer, all as the case may require, in a manner and
by the use of materials to be approved of by the local authority; and the local authority
may, if it thinks fit, by written notice addressed to the owner, order the removal of such
privy, earth-closet, pail-closet, pit-closet or other closet not being a water-closet, within a
period specified in such notice.
(2) Any such owner who fails to comply with the requirements of any notice served
under this Rule, and that within the time specified, shall be guilty of an offence, and the
local authority may, after the expiration of the time specified in the notice, do the work
required, and may recover as a civil debt recoverable summarily the expenses incurred by
it in so doing from the owner.
9. Where sewer available, local authority may require it to be used
(1) Where the drainage of a building discharges into any cesspool or septic tank or
into any other receptacle or place whatsoever not being a sewer belonging to the local
authority, and such building is within two hundred feet of a sewer belonging to the local
authority which is at a suitable level, the local authority may, by written notice addressed
to the owner of the building, require the said owner, within a reasonable time to be
specified in the notice, to cease to discharge or permit to be discharged into the said
cesspool, septic tank, other receptacle or place any sewage and other waste water, and to
cause all such sewage and other waste water to be discharged into the said sewer in a
manner and by the use of materials to be approved by the local authority; and the local
authority may, by written notice addressed to the owner, order such cesspool, septic tank,
receptacle or place to be removed, filled in or otherwise suitably dealt with to its
satisfaction, within a period specified in such notice.
(2) Any such owner who fails to comply with the requirements of any notice served
under this rule, and that within the time specified, shall be guilty of an offence.
CAP. 242 [Rev. 2012]
Public Health
[Subsidiary]
[Issue 1] 138
10. Maintenance of drains and drainage works
(1) The owner of any premises shall, at his own expense, maintain all drains and all
drainage works constructed upon or in connexion with such premises in an efficient
condition and in a proper state of repair to the satisfaction of the local authority.
(2) In all cases where two or more buildings owned by more than one owner are
drained by a combined system of drainage, such owners shall jointly and severally be
responsible for the duty of, and for any costs and expenses incidental to, maintaining and
repairing such combined system of drainage.
11. Examination of drains, latrines, cesspools and septic tanks
(1) If it appears to the local authority that any drain, latrine, cesspool or septic tank
constructed upon or in connexion with any premises is in a bad state of repair, or is
inefficient or is a nuisance or injurious or dangerous to health, the local authority may,
after having given twenty-four hours’ written notice to the occupier of such premises, or in
case of emergency without notice, cause such premises to be entered, the ground to be
opened and such drain, latrine, cesspool or septic tank to be examined.
(2) If the drain, latrine, cesspool or septic tank on examination is found to be in a
proper, sound and efficient condition, the local authority shall cause the ground to be
closed, and any damage done to be made good as soon as can be, and the expenses of
the works shall be defrayed by the local authority.
(3) If the drain, latrine, cesspool, or septic tank on examination appears to be in a bad,
defective or inefficient condition, or to require alteration or amendment, the local authority
shall forthwith give notice in writing to the owner of the premises requiring him forthwith or
within a reasonable time therein specified to carry out such works as may be necessary;
and if the owner of such premises fails to comply with the requirements of any notice
served under this Rule within the time specified he shall be guilty of an offence, and the
local authority may, if it thinks fit, after the expiration of the time specified in the notice,
carry out the work required, and may recover as a civil debt recoverable summarily the
expenses incurred by it in so doing from the said owner.
12. Local authority may test drains
(1) The local authority may, at any reasonable time, cause to be applied to any
covered drain or drains, soil-pipe or ventilating pipe, constructed upon or in connexion with
any premises, the smoke, air, chemical, coloured water or other test (not including a test
by water under pressure).
(2) If on the application of the test such drain or drains, soil-pipe or ventilating pipe, is
or are found to be defective, the local authority shall, by written notice served upon the
owner of such premises specifying generally the defect, require the said owner to do all
works necessary for remedying it within a reasonable time to be specified in the notice,
and if such owner fails to comply with the requirements of any notice served under this
Rule within the time specified he shall be guilty of an offence, and the local authority may,
if it thinks fit, after the expiration of the time specified in the notice, carry out the works
required, and may recover as a civil debt recoverable summarily the expenses incurred by
it in so doing from the owner.
(3) The owner and occupier of any premises shall give all reasonable facilities for the
application of any test as provided for in this rule, and any owner or occupier who fails to
do so shall be guilty of an offence.
13. Stoppages in drains
(1) Upon receipt of information as to a stoppage in any closed drain or drainage work
constructed upon or in connexion with any premises, the local authority may cause a
written notice of the stoppage as aforesaid to be served upon the owner of such premises
requiring him, forthwith, to cause the stoppage to be removed.
[Rev. 2012] CAP. 242
Public Health
[Subsidiary]
139 [Issue 1]
(2) If the said owner fails to comply forthwith with the requirements of any such notice
as aforesaid, or if such owner cannot immediately be found, the local authority may itself
cause the stoppage to be removed, and may recover as a civil debt recoverable
summarily the expenses incurred in so doing.
(3) Where two or more buildings owned by more than one owner are drained by a
combined system of drainage, the costs and expenses incidental to the removal of any
such stoppage as aforesaid shall be apportioned between the owners of such buildings in
the manner provided in rule 5:
Provided that where the stoppage takes place in a section of any drain used by one
occupier or owner only the costs and expenses incurred in its removal shall be borne by
the owner of the building served by such section.
14. Penalty for unauthorized building over sewers or under streets
Any person who, without the written consent of the local authority—
(a) causes any building newly to be erected over any sewer belonging to the
local authority; or
(b) causes any vault, arch or cellar newly to be constructed under the carriage-
way or foot-way of any street vested in the local authority,
shall be guilty of an offence, and the local authority may cause any building, vault, arch or
cellar constructed in contravention of the provisions of this rule to be altered, pulled down
or otherwise dealt with as it may think fit, and may recover as a civil debt recoverable
summarily any expenses incurred by it in so doing from the offender.
15. Injurious matters not to be passed into sewers
Any person who throws or suffers to be thrown, or passes into any sewer belonging to
the local authority or into any drain communicating therewith, any matter or substance by
which the free flow of the sewage or other liquid waste may be interfered with, or by which
any such sewer or drain may be injured, shall be guilty of an offence.
16. Power to prohibit the passing of solid matter, steam, chemical refuse, etc., into
sewers
(1) Where, in the opinion of the local authority, the introduction into any sewer
belonging to the local authority of any solid matter, suspended matter, mud, chemical or
manufacturing or trade or other refuse (inclusive of vapours or gaseous matters), or any
steam, condensing water, heated waters or other liquid (such water or other liquid being of
a higher temperature than one hundred and ten degrees of Fahrenheit), whether alone or
in combination with other matter or liquid, and whether directly or through any drain or
channel communicating with such sewer, either does or may cause a nuisance, or involve
danger to the health of persons entering the sewers, or others, or is or may be harmful to
the structure or materials of the sewers or other works of the local authority, or to the
ground used by the local authority, the local authority may by written notice served upon
the owner or occupier of any premises, absolutely prohibit from a date specified in such
notice, not being earlier than fourteen days from the date of service of such notice, any
such matter or matters as aforesaid being caused or permitted to fall, flow or enter, or to
be carried or washed, into any sewer belonging to the local authority either directly or
indirectly:
Provided that the local authority shall not be required to serve a notice upon the
same person more than once.
(2) Any person who fails to comply with the requirements of any such notice after
service thereof upon him shall be guilty of an offence.
CAP. 242 [Rev. 2012]
Public Health
[Subsidiary]
[Issue 1] 140
17. Brewery or manufacturing sewage
The local authority may, in its absolute discretion, refuse to admit into any sewer
belonging to the local authority any trade, brewery or manufacturing liquid waste, sewage
or effluent unless the same has been freed of the grosser objectionable matters, and then
only if the sewers in the vicinity belonging to the local authority are in the opinion of such
authority of sufficient capacity to convey the trade, brewery or manufacturing liquid waste,
sewage or effluent in addition to the ordinary domestic sewage flow of the areas served by
such sewers.
18. Power to make inspection chamber in manufacturing premises
The local authority shall, at its discretion, have power to construct, on any pipe or
channel conveying trade or manufacturing liquid waste, sewage or effluent to any sewer
belonging to the local authority, an inspection chamber, manhole, lamphole or other
similar opening, of such dimensions as it may think fit, on any premises from which the
liquid waste, sewage or effluent is derived, at the expense of the local authority without
payment of any compensation to the owner or occupier of such premises, and any duly
authorized officer of the local authority shall at all times have the right of access to such
chamber or other opening and may examine the character, gauge the flow and take
samples of the discharge from such premises.
19. Rain-water pipes not to communicate directly with a closed drain
No person shall construct or fix any rain-water pipe or trunk which may be provided in
connexion with any building for the purpose of conveying therefrom any water which may
fall on any roof or flat thereof so as to discharge directly into a closed drain, but shall
cause such rain-water pipe or trunk to be constructed or fixed so as to discharge directly
into the open air, into an open channel or over a properly trapped gulley, or into such gully
above the level of the water in the trap thereof:
Provided that this Rule shall not apply in any case where rainwater is intended to be
conveyed through a closed drain to any receptacle properly constructed and adapted for
the storage of such water and approved by the local authority.
20. Notice to be given of intention to make a sewer connexion
(1) The owner of any building who intends to cause any drain constructed or to be
constructed in connexion with such building to empty into a sewer belonging to the local
authority shall give at least three days’ notice in writing in the prescribed form to the local
authority of his intention to make a sewer connexion.
(2) So soon as the local authority is satisfied that the owner of the said building is
entitled to cause such drain to empty into the said sewer, and that the making of such
sewer connexion would not contravene any of the provisions of these Rules, the local
authority shall issue a written permit to such owner authorising the making of such sewer
connexion.
21. Sewer connexions not to be made without permission
(1) No person shall make any sewer connexion unless and until a written permit
authorizing the making of such sewer connexion has been issued by the local authority,
and no person shall make any sewer connexion otherwise than under the direction of and
in a manner to be approved of by the local authority.
(2) Any person making or attempting to make any sewer connexion in contravention of
the provisions of this Rule shall be guilty of an offence, and the local authority may close,
demolish or remove any sewer connexion made in contravention of the provisions of this
Rule, and may recover as a civil debt recoverable summarily from the person so offending
any expenses incurred by it in so doing.
[Rev. 2012] CAP. 242
Public Health
[Subsidiary]
141 [Issue 1]
22. Drainage works in streets and other public places
(1) Every person who carries out any drainage works in any street, sidewalk, sanitary
lane or other public place vested in the local authority shall, in the carrying out of such
works, comply with the following requirements—
(a) he shall not disturb the surface of any street, sidewalk, sanitary lane or
other public place vested in the local authority, without the previous consent
in writing of the local authority, nor otherwise than in accordance with such
conditions as it may determine;
(b) in any case where a sewer connexion is to be made, he shall cause such
sewer connexion to be made at such point in the sewer as may be indicated
by the local authority.
(2) Nothing contained in this rule shall be held to impose any liability whatsoever on
the local authority for any accident or damage to persons or property which may occur in
the carrying out of any such drainage works as aforesaid.
23. Local authority may arrange with owners to carry out private drainage works
It shall be lawful for the local authority to agree with any owner or occupier of any
premises that any drainage works which such owner or occupier desires or is required by
the local authority to construct shall be constructed by the local authority, and the cost of
constructing such drainage works shall be repaid by such owner or occupier to the local
authority, and in default of payment the local authority may recover the cost as a civil debt
recoverable summarily.
24. Owner outside district may arrange with local authority to connect to sewer
The owner of any premises without the district of the local authority may, with the
consent of the local authority and subject to the provisions of these Rules, cause any drain
constructed upon or in connexion with such premises to empty into any sewer belonging
to the local authority upon such terms and conditions as may be agreed upon between
such owner or occupier and the local authority:
Provided that no person shall cause any such drain to empty into any such sewer
until such terms and conditions have been agreed upon.
25. Charges to cover supervision, etc.
In all cases where, in accordance with these Rules, any work is carried out by the local
authority in respect of which the said authority is entitled to recover the cost from any
person under these Rules, there may be included in the cost so claimed and recoverable
such sum as the local authority shall determine to cover the cost of surveys, plans,
specifications, quantities, supervision and the use of tools and plant, and there shall also
be included in such cost any expenditure or labour involved in disturbing, making good
and remaking any made road, street or footway or ground affected.
26. Tins, bottles, etc., not to be allowed to enter drains
No occupier of any premises shall throw or introduce or allow others on the said
premises to throw or introduce into any cess-pool, drain, waste-pipe, soil-pipe or soil-water
fitting, constructed in connexion with such premises, any tins, bottles, refuse or other
matter liable to choke the same.
27. Traps, gullies and ventilation pipes to be kept free from obstruction
(1) The owner or occupier of any premises shall maintain all openings, whether for
ventilation or otherwise, to any drain, and also all traps, gullies and other drainage fittings,
on his premises in good order and proper repair and in a reasonably clean condition and
free from obstruction.
CAP. 242 [Rev. 2012]
Public Health
[Subsidiary]
[Issue 1] 142
(2) Any owner or occupier who fails to comply with the provisions of this Rule shall be
guilty of an offence.
Construction of Drains
28. Excavation for and laying of drains
Every person who constructs any drain in connexion with a building shall lay such
drain and carry out any excavation necessary for the construction of such drain in the
following manner—
(a) he shall cause the ground to be excavated to the required depth with all
possible expedition and to be done in a workmanlike manner;
(b) he shall cause to be erected and maintained during the progress of the work
all such fences, hoardings, struttings, shorings and lights (kept lighted
throughout the night) as may be necessary to or in consequence of any of
the works for the protection of the public or workmen or of any buildings or
property whatsoever near to or liable to be affected by the work;
(c) he shall cause any excavation to be commenced at the outfall end of each
drain and continued in straight sections, the bottom of the trench to be
accurately cut to the proper gradient for receiving the pipes, and the trench
to be made of sufficient width to afford room for the proper laying, bedding
and jointing of the pipes;
(d) he shall cause the laying of the pipes to be carefully performed and each
pipe to be laid to a true gradient and in such manner that the body of the
pipe shall have a firm bearing throughout its whole length and not upon the
socket only;
(e) he shall cause any excavation to be filled in with earth well rammed in six-
inch layers, fine material free from stones being packed round the pipes,
and the surface at ground level being made good to the satisfaction of the
local authority.
29. Requirements for construction of closed drains
Every person who constructs any closed drain in connexion with a building, other than
a drain constructed for the drainage of the subsoil of the site of such building or a drain
constructed for the drainage of storm-water only or water from any water supply fitting
only, shall, in the construction of such drain, comply with the following requirements—
(a) he shall cause such drain to be constructed of good sound cylindrical pipes
made of glazed stoneware or of heavy cast iron, or of other equally suitable
material which has been approved of by the local authority;
(b) he shall cause such drain to be of adequate size, to have an internal
diameter of not less than four inches and to be laid with a proper fall, and
with water-tight, socketed or other approved suitable joints;
(c) he shall, if such drain is constructed of stoneware pipes, if so required by
the local authority, cause such drain to be laid on an adequate and efficient
bed of good cement concrete at least three inches in thickness, or, if such
drain is constructed of approved metal pipes, he shall, if so required by the
local authority, cause such drain to be supported upon a sufficient number
of suitable piers constructed of good cement concrete:
Provided that where any such drain as aforesaid is to be laid on made or bad
ground, and where in the opinion of the local authority such a precaution is necessary, he
shall cause such drain to be laid on a bed of good cement concrete not less than six
inches in thickness and projecting on each side of the drain to an extent at least equal to
the external diameter of such drain, and shall cause good cement concrete to be filled in
[Rev. 2012] CAP. 242
Public Health
[Subsidiary]
143 [Issue 1]
so that it extends to the full width of the cement concrete bed already prescribed and so
that such drain is embedded to the extent of not less than half its diameter.
30. Requirements for construction of drains
(1) Gradient of drains.—Every person who constructs any such drain as is described
in rule 29 shall cause such drain to be laid with a proper and sufficient gradient:
Provided that—
(i) wherever practicable, he shall cause such drain to be laid with the following
minimum gradients—
(a) drains of 4 inches internal diameter—1 in 40;
(b) drains of 5 inches internal diameter—1 in 50;
(c) drains of 6 inches internal diameter—1 in 60;
(ii) wherever the foregoing minimum gradient of a drain is found to be
impracticable, the local authority may, if it considers such a precaution
necessary, require that special flushing tanks and inspection chambers shall
be provided to such drain.
(2) Jointing of cast-iron drain pipes.—If he constructs any such drain of cast-iron pipes
jointed with socket joints, such joints shall be not less than 2½ inches in depth, and shall
be made with tarred spun yarn and molten lead or lead wool properly caulked, and the
annular space for the lead, in the case of four-inch pipes, shall not be less than ¼ inch in
width and, in the case of five-inch and six-inch pipes, shall not be less than ⅜ inch in
width; and if such drain is jointed with flange joints he shall cause such joints to be
securely bolted together and some suitable insertion for jointing placed between the
flanges.
(3) Jointing of stoneware drain pipes.—If he constructs any such drain or stoneware
pipes, or pipes of material other than metal, such pipes shall be jointed with socket joints
properly put together with cement mortar (1 of sand to 2 of cement), a few turns of spun
yarn dipped in cement grout being first put round the end of the spigot, to ensure it being
concentric with the socket and tightly caulked in, or an approved composition joint may be
used.
(4) Invert of drain to be kept clear of obstruction.—He shall cause proper and efficient
means to be employed for keeping the invert of every such drain clear of cement or other
matter in the laying and jointing of pipes, and shall also cause every such drain to be so
laid that a badger, of one-quarter of an inch less diameter than the internal diameter of the
drain, passes freely through the said drain, and so that a fibrous mop of half the internal
diameter of the drain passes freely through such drain.
(5) Drains to be so constructed as to be watertight.—He shall cause every such drain
to be so constructed as to be watertight and to be capable of resisting a pressure of at
least two feet head of water; and for the purpose of applying such pressure he shall cause
all openings to be plugged, and he shall also ascertain the locality of any leaks or defects
which may be found to exist on the application of such pressure by the medical officer of
health or a sanitary inspector or other duly authorized officer, and shall cause any such
leaks or defects to be effectively repaired and made good so as to render such drain
watertight and capable of resisting such pressure as aforesaid.
(6) Sizes and weights of cast-iron drain pipes.—If he constructs any such drain of
cast-iron, only cast-iron pipes of good quality free from imperfections and well coated
internally and externally with Dr. Angus Smith’s or other approved rust preventative
CAP. 242 [Rev. 2012]
Public Health
[Subsidiary]
[Issue 1] 144
composition shall be used, and the weight of such cast-iron pipes in proportion to the
diameter shall not be less in any case than the following—
Internal
diameter
Thickness
of metal
Weight per 9 ft.
length
(including socket
and spigot)
in. in. lb.
4 ⅜ 160
5 ⅜ 190
6 ⅜ 230
(7) Size and thickness of stoneware drain pipes.—If he constructs any such drain of
stoneware, only the best glazed socketed stoneware pipes which are truly cylindrical in
section straight in shape and free from cracks or other imperfections shall be used, and
the thickness of the pipes, the depth of the sockets and the annular space for the cement
in proportion to the diameter shall not be less in any case than the following—
Internal
diameter
Thickness
of pipe
Depth of
socket
Annular space for
the cement
in. in. in. in.
4 ½ 1¾ 5/16
5 9/16 2 5/16
6 ⅝ 2 5/16
9 ¾ 2 7/16
(8) Joints of drains not to be built into walls or foundations.—He shall not construct
any such drain so that any joint of such drain is built into any wall or foundation, except in
any case where any other mode of construction is impracticable.
(9) (a) Drains in or under buildings.—He shall not construct any such drain inside or
so as to pass under a building, except in any case where any other mode construction is
impracticable.
(b) If he constructs any such drain so as to pass under a building he shall cause
such drain to be so laid in the ground that there is a distance equal at the least to the full
diameter thereof between the top of such drain at its highest point and the surface of the
ground under such building, and he shall cause such drain to be completely embedded in
and covered with good and solid cement concrete at least six inches thick all round:
Provided that, in any case where such drain is constructed of iron or other approved
metal pipes, he may cause such drain to be carried above ground and to be supported
upon a sufficient number of suitable piers constructed of iron or good cement concrete.
(c) He shall also cause any such drain to be laid in a direct line for the whole
distance beneath such building, and adequate means of access to be provided by means
of approved inspection chambers situated outside such building or, in the case of iron or
other approved metal pipes carried above ground, by means of approved inspection eyes
situated outside such building to be provided at each end of such portion thereof as is
beneath such building, and efficient ventilation of such drain by means of approved
ventilating shafts to be provided.
(10) Composition of concrete.—He shall cause all concrete used in connexion with the
laying and constructing of any such drain to be composed of clean gravel, hard brick
broken small or other suitable ballast, well mixed with good clean sand, and free from
earth, and Portland cement in the proportion of three parts of sand, one part of cement
and six parts of other material.
[Rev. 2012] CAP. 242
Public Health
[Subsidiary]
145 [Issue 1]
(11) Protection of drains under walls.—In every case where any such drain is laid
beneath a wall, he shall cause such drain to be protected at the part beneath the wall by
means of an arch, lintel or suitable metal support of sufficient size and strength to prevent
any disturbance or other injury to such drain, and constructed at least two inches clear
above the drain.
31. Inlets to drains to be trapped
(1) Every person who constructs any such drain as is described in rule 29 shall cause
every inlet to such drain, not being an inlet provided in pursuance of the rule in that behalf
as an opening for the ventilation of such drain, to be properly trapped by an efficient trap
so constructed as to be capable of maintaining a sufficient water seal.
(2) He shall not construct or fix in or in connexion with any such drain any trap of the
kind known as a bell-trap, a dip-trap, a D-trap or a U-trap or a running trap or any such
trap as becomes unsealed on the removal of the cover, or any trap of a type which has not
been approved by the local authority.
32. No right-angled junctions to be made
(1) No person who constructs any drain in connexion with a building shall construct
the several drains of such building in such a manner as to form in such drains any right-
angled junction either vertical or horizontal.
(2) He shall cause every branch drain or tributary drain to join another drain obliquely
in the direction of the flow of such drain, and as near as practicable to the invert thereof.
(3) He shall cause all bends and turnings to be truly curved, and when directly
reducing or enlarging the size of any drain he shall cause such alteration to be properly
tapered and to be of good shape.
(4) He shall also, so far as may be practicable, cause every such drain to be laid in a
direct line or in a series of direct lines.
33. Drains to be trapped from cesspools and septic tanks, etc.
(1) Every person who constructs any drain in connexion with a building shall, where
such drain communicates with a septic tank, cesspool or other like receptacle for
drainage, not being a sewer belonging to the local authority, if so required by the local
authority, cause to be provided and fixed in such drain a suitable and efficient intercepting
trap at a point as distant as may be practicable from such building and as near as may be
practicable to the point at which such drain may be connected with such septic tank,
cesspool or other like receptacle for drainage.
(2) He shall cause such intercepting trap to be of an approved pattern of good glazed
stoneware or of iron coated with approved material, to have the trap bend contracted in
size so as to be half an inch less than that of the pipe which discharges into it, to be
provided with a drop of not less than two inches from the invert of the drain to the surface
of the water seal, to have a water seal of not less than two inches in depth and to be fixed
truly level in a bed of good cement concrete.
34. Drains not to be trapped from sewers
No person shall provide or fix an intercepting trap in any drain which communicates
directly with a sewer belonging to the local authority.
35. Provision of inspection chambers on drains
Every person who constructs any closed drain in connexion with a building shall cause
adequate and efficient inspection chambers to be provided in the following positions and
manner—
(a) he shall, unless specially exempted by the local authority, cause an
inspection chamber to be provided at every point in such drain where two or
more drains converge;
CAP. 242 [Rev. 2012]
Public Health
[Subsidiary]
[Issue 1] 146
(b) he shall cause an inspection chamber to be provided at every point in any
such drain where there occurs any angle, bend or deviation from a direct
alignment;
(c) he shall cause access to be provided by means of inspection chambers to
every such drain in such manner that no part of any such drain is more than
thirty feet distant in the length of such drain from an inspection chamber;
(d) where any such drain communicates directly with a sewer belonging to the
local authority, he shall cause an inspection chamber to be provided to such
drain on the plot on which such building stands but, wherever practicable,
within four feet of the boundary of the said plot over which the drain is or is
to be constructed:
Provided that he may with the consent in writing of the local authority and
subject to such conditions as it may prescribe, but not otherwise, cause
such inspection chamber as aforesaid to be constructed on a street or
sidewalk;
(e) he shall cause an inspection chamber to be provided at any point where an
intercepting trap is fixed in such drain;
(f) he shall cause every inspection chamber to be of such internal dimensions
as the local authority requires:
Provided that no inspection chamber shall be less than two feet in length
where the depth of the half channel invert from the surface of the ground
adjoining such chamber is greater than eighteen inches;
(g) he shall cause every inspection chamber to be constructed of not less than
nine inches brickwork or stonework built in cement, or of good cement
concrete not less than four inches in thickness, to be so constructed as to
be watertight up to the level of the adjoining ground surface, and to be
rendered with cement plaster at least one half inch in thickness and
furnished with a smooth surface;
(h) he shall cause every inspection chamber to be fitted with a strong movable
air-tight cast-iron manhole cover of adequate size and approved design and
construction, fixed not lower than the surface of the adjoining ground;
(i) he shall cause the sides of the channels in every inspection chamber to be
brought up vertically to a height not less than the diameter of the drains, and
shall cause benching, constructed of good cement concrete, to be provided,
such benching to be sloped off from the tops of the channels at an angle of
thirty degrees from the horizontal and finished with a smooth cement
surface.
36. Ventilation of drains
Every person who constructs any closed drain in connexion with a building shall, for
the purpose of securing efficient ventilation of such drain, comply with the following
requirements—
(a) he shall provide at least one untrapped opening to such drain, which
opening shall be situated as far distant as may be practicable from the point
at which such drain communicates with a sewer, septic tank, cesspool or
other like receptacle for drainage with which such drain may lawfully
communicate, and shall also provide an untrapped opening at the upper
extremity of every branch drain which exceeds twenty feet in length and
which receives any soil-water or waste water; such untrapped opening shall
be obtained by carrying up a pipe or shaft, vertically, to such a height and in
such a position as to afford by means of the open end of such pipe or shaft
a safe outlet for foul air and so as effectually to prevent any escape of foul
air from such pipe or shaft into any building in the vicinity thereof, and in no
[Rev. 2012] CAP. 242
Public Health
[Subsidiary]
147 [Issue 1]
case to a less height than three feet above the eaves of any adjoining roof,
or to a less height than six feet above the top of any window, door or other
opening which is within a distance of twenty feet horizontally from such pipe
or shaft, or to a less height than ten feet above the adjoining ground level,
and such pipe or shaft, if unsupported for a length of more than five feet,
shall be properly stayed:
Provided that the soil-pipe of any water-closet, in every case where the
situation, sectional area, height and mode of construction of such soil-pipe
are in accordance with the requirements applicable to the pipe or shaft to be
carried up from such drain, may be deemed to provide the necessary
opening for ventilation which would otherwise be obtained by means of such
last-mentioned pipe or shaft;
(b) he shall cause any opening provided in accordance with the arrangements
hereinbefore specified to be furnished with a suitable grating or other cover
of approved pattern and material for the purpose of preventing any
obstruction in or injury to any pipe or drain by the introduction of any
substance through any such opening; and he shall, in every case, cause
such grating or cover to be so constructed and fitted as to secure the free
passage of air through such grating or cover by means of a sufficient
number of apertures, of which the aggregate extent shall be not less than
the sectional area of the pipe or drain to which such grating or cover may be
fitted;
(c) he shall not, except where unavoidable, cause any bend or angle to be
made in any pipe or shaft used in connexion with any of the arrangements
hereinbefore specified;
(d) he shall cause every pipe or shaft which may be used in connexion with any
of the arrangements hereinbefore specified to have an internal diameter of
not less than three-and-a-half inches;
(e) he shall cause every pipe or shaft used in connexion with any of the
arrangements hereinbefore specified to be constructed in the same manner
and of the same material and weight as if such pipe or shaft were a soil
pipe;
(f) in every case where any such drain communicates with a septic tank,
cesspool or other like receptacle for drainage, not being a sewer belonging
to the local authority, he shall provide a second opening, being not less than
twelve inches and not more than three feet above the level of the surface of
the ground adjoining such second opening, which shall communicate with
such drain by means of a suitable pipe or shaft situated, as far distant as
may be practicable from the first opening which has to be provided, in
pursuance of the rule in that behalf; and he shall also cause the point at
which such second opening communicates with the drain in every case to
be situated on that side of any intercepting trap which is the nearer to the
building;
(g) he shall cause every pipe or shaft which is constructed so as to provide any
such second opening as aforesaid to be constructed in the same manner
and of the same material and weight as if such pipe or shaft were a soil-
pipe, and to have an internal diameter of not less than three and a half
inches, and to be provided with an approved inlet valve at the point at which
it opens upon the external air.
37. No inlets to drains within buildings
No person shall construct any closed drain in connexion with a building in such a
manner that there is within such building any inlet to such drain, except such inlet as may
be necessary from the apparatus of any water-closet or soil-water fitting.
CAP. 242 [Rev. 2012]
Public Health
[Subsidiary]
[Issue 1] 148
Soil-Pipes
38. Requirements for soil-pipes
Every person who provides a soil-pipe in connexion with a building shall, in the
providing and fixing of such soil-pipe, comply with the following requirements—
Position of soil-pipes
(a) he shall not, except with the written permission of the local authority and
then only on such conditions as it may prescribe, cause or permit any such
soil-pipe to be fixed inside any building;
Material of soil-pipes
(b) he shall construct such soil-pipe either in drawn lead or heavy cast-iron or
other equally suitable material which has been approved of by the local
authority;
Size, weight and thickness of soil-pipes
(c) he shall construct such soil-pipe so that its weight, if the pipe is of lead, and
that its thickness and weight, if the pipe is of iron, in proportion to its length
and internal diameter, is as follows—
LEAD CAST IRON
Diameter Weight per ten feet
length, not less than—
Thickness of metal, not
less than—
Weight per 6 feet length
(including socket and
beaded spigot or flanges,
the socket not to be less
than ¼ inch thick) not less
than—
in. lb. in. lb.
3 ½ 65 3/16 48
4 74 3/16 54
Jointing of soil-pipes
(d) if he constructs such soil-pipe in drawn lead he shall cause such soil-pipe to
be constructed with proper wiped plumbers’ joints;
Mode of jointing
(e) if he constructs such soil-pipe of cast-iron with socket joints, he shall cause
such joints to be not less than 2½ inches in depth and to be made with
tarred spun yarn and molten lead or lead wool properly caulked, and he
shall also cause the annular space for the lead, in the case of 3½-inch and
4-inch pipes, to be not less than ¼ inch in width; and if he constructs such
soil-pipe with flanged joints he shall cause such joints to be securely bolted
together and some suitable insertion for jointing placed between the
flanges;
Soil-pipes not to be connected with waste-pipes or rain-water pipes
(f) he constructs such soil-pipe so that it is not connected with any rain-water
pipe or with any waste-pipe or waste-water fitting, and so that there is not
any trap in such soil-pipe or between the soil-pipe and any drain with which
it is connected;
Access for inspection to be provided at foot of soil-pipes
(g) he shall construct such soil-pipe so that the bend to which it may be
connected at the foot shall rest in a solid foundation of good cement
concrete and, unless an inspection chamber is provided to the drain to
[Rev. 2012] CAP. 242
Public Health
[Subsidiary]
149 [Issue 1]
which such soil-pipe is connected within a distance of six feet from the foot
of such soil-pipe, so that the bottom length of such soil-pipe, is provided
with an adequate opening, fitted with screw doors and fastenings, for the
purpose of access and inspection;
Size of soil-pipes
(h) he shall cause such soil-pipe to be circular and to have an internal diameter
of not less than 3½ inches, and to be continued up without diminution of its
diameter and (except where unavoidable) without any bend or angle being
formed in such soil-pipe, to such a height and in such a position as to afford
by means of the open end of such soil-pipe a safe outlet for foul air and so
as effectually to prevent any escape of foul air from such soil-pipe into any
building in the vicinity thereof, and in no case to a less height than three feet
above the eaves of any adjoining roof, or to a less height than six feet
above the top of any window, door or other opening which is within a
distance of twenty feet horizontally from such pipe or shaft or to a less
height than ten feet above the adjoining ground level, and, if unsupported
for a length of more than five feet, to be properly stayed; and he shall also
cause the open end of such soil-pipe to be furnished with a suitable grating
or other cover of approved pattern and material for the purpose of
preventing any obstruction in or injury to such soil-pipe by the introduction of
any substance through such open end, and he shall in every case cause
such grating or cover to be constructed and fitted so as to secure the free
passage of air through such grating or cover by means of a sufficient
number of apertures, of which the aggregate extent shall be not less than
the sectional area of the soil-pipe to which such grating or cover may be
fitted;
No right-angled junctions
(i) he shall not cause or permit any right-angled junctions to be made in such
soil-pipe, but shall cause every branch soil-pipe to join another soil-pipe
obliquely in the direction of the flow of such soil-pipe, and shall cause all
bends and turnings to be truly curved;
Inspection eyes to be provided at all bends and junctions
(j) he shall cause suitable provision for the purpose of access and inspection
to be provided to such soil-pipe, by means of an adequate opening with
screw doors and fastenings or with a screwed metallic cap or plug at every
junction or change of direction or gradient in such soil-pipe:
Provided that, where adequate means for through rodding has been
provided in any straight section of such soil-pipe by means of adequate
openings at the opposite ends of such section, the said provisions for
access and inspection may be omitted in the case of any junction in such
straight section as aforesaid;
Weights of branch soil-pipes
(k) he shall cause the weight of all branch soil-pipes leading from any soil-water
fitting to a soil-pipe or drain, if of lead, to be not less than 7 lb. per foot of
lead.
39. Anti-syphonage pipes to soil-pipes
(1) Any person who fixes any soil-water fitting, the soil-pipe of which is connected with
any soil-pipe receiving the discharge from any other soil-water fitting, shall cause the trap
of every such soil-water fitting to be ventilated into the external air at a point as high as the
top and open end of the soil-pipe, or into the soil-pipe at a point above the highest soil-
water fitting connected with such soil-pipe, and so that the ventilating pipe shall have in all
CAP. 242 [Rev. 2012]
Public Health
[Subsidiary]
[Issue 1] 150
parts an internal diameter of not less than two inches, and if more than fifty feet in length
not less than three inches in diameter, and if more than eighty feet in length not less than
four inches in diameter, and shall cause such ventilating pipe to be connected with the
arm of the soil-pipe or the trap of the soil-water fitting at an approved point not less than
three inches and not more than twelve inches from the highest part of the trap and on that
side of the water seal which is nearer to the soil-pipe.
(2) He shall cause the joint between the ventilating pipe and the arm of the soil-pipe or
the trap to be made in the direction of the flow.
(3) He shall construct such ventilating pipe in drawn lead or of heavy cast-iron or other
equally suitable material which has been approved of by the local authority.
(4) He shall construct such ventilating pipe so that if the pipe is of lead its weight shall
not be less than the weights specified for soil-pipes in paragraph (k) of rule 38, and if the
pipe is of cast-iron its thickness shall not be less than 3/16 inch.
(5) He shall in all cases cause the joints in and the connexion to such ventilating pipe
to be made in the same manner as if such ventilating pipe were a soil-pipe.
(6) Notwithstanding the foregoing provisions of this rule—
(a) where not more than two soil-water fittings are connected to an efficiently
ventilated vertical soil-pipe by means of branch soil-pipes not exceeding
four feet in length and meeting the vertical soil-pipe at an angle of not more
than fifteen degrees with the horizontal, it shall not be necessary to ventilate
the traps of such soil-water fittings.
(b) where three or more soil-water fittings are connected to an efficiently
ventilated vertical soil-pipe by means of a branch soil-pipe the end of which
is carried up above the eaves of the roof in the same manner as specified
for soil-pipes in paragraph (h) of rule 38 and such other additional
ventilating pipes or shafts as may be necessary are provided and carried up
as aforesaid, and which is or are in the opinion of the local authority
sufficient for the purpose of maintaining the seal in the traps of the soil-
water fittings connected to such branch soil-pipe, it shall not be necessary
to provide anti-syphonage pipes as specified in this rule.
40. Connexion of lead pipe with an iron pipe
Any person who connects a lead soil-pipe, waste-pipe, ventilating pipe or trap with an
iron pipe or drain shall insert between such lead soil-pipe, waste-pipe, ventilating pipe or
trap and such iron pipe or drain a flanged thimble of copper, brass or other suitable alloy,
which shall be not less than 1/8 inch in thickness and six inches in length, so that the lead
soil-pipe or trap projects slightly beyond the thimble, such projection being turned over the
thimble to protect the thimble from any contact with the contents of the pipe or drain, and
shall connect such lead soil-pipe, waste-pipe, ventilating pipe or trap with such thimble by
means of a wiped or over-cast metallic joint, and shall connect such thimble with such iron
or drain by means of a joint made with molten lead properly caulked in the manner
prescribed by paragraph (2) of rule 30:
Provided that it shall be sufficient if he connects the lead soil-pipe, waste-pipe,
ventilating pipe or trap with the iron pipe or drain in an equally suitable and efficient
manner, to be approved by the local authority.
41. Connexion of stoneware pipe with a lead pipe
Any person who connects stoneware or semi-vitrified ware trap or pipe with a lead soil-
pipe, waste-pipe, ventilating pipe or trap shall insert between such stoneware or semi-
vitrified ware trap or pipe and such lead soil-pipe, waste-pipe, ventilating pipe or trap a
socket of copper, brass or other suitable alloy, and shall insert such stoneware or semi-
vitrified ware trap or pipe into such socket, making the joint with Portland cement, in the
[Rev. 2012] CAP. 242
Public Health
[Subsidiary]
151 [Issue 1]
manner prescribed by paragraph (3) of rule 30, and shall connect such socket with the
lead soil-pipe, waste-pipe, ventilating pipe or trap, by means of a wiped or overcast
metallic joint:
Provided that it shall be sufficient if he connects the stoneware or semi-vitrified ware
trap or pipe with the lead soil-pipe, waste-pipe, ventilating pipe or trap in an equally
suitable and efficient manner, to be approved by the local authority.
42. Connexion of lead pipe with a stoneware pipe
Any person who connects a lead soil-pipe, waste-pipe, ventilating pipe or trap with a
stoneware or semi-vitrified ware pipe or drain shall insert between such lead soil-pipe,
waste-pipe, ventilating pipe or trap and such stoneware or semi-vitrified ware pipe or drain
a flanged thimble of copper, brass or other suitable alloy, so that the lead soil-pipe or trap
projects slightly beyond the thimble, such projection being turned over the thimble to
protect the thimble from any contact with the contents of the pipe or drain, and shall
connect such lead soil-pipe, waste-pipe, ventilating pipe or trap with such thimble by
means of a wiped or overcast metallic joint, and shall insert the flanged end of such
thimble into a socket in such stoneware or semi-vitrified ware pipe or drain, making the
joint with Portland cement, in the manner prescribed by paragraph (3) of rule 30:
Provided that it shall be sufficient if he connects the lead soil-pipe, waste-pipe,
ventilating pipe or trap with the stoneware or semi-vitrified ware pipe or drain in an equally
suitable and efficient manner, to be approved by the local authority.
43. Connexion of iron pipe with stoneware pipe
Any person who connects an iron soil-pipe, waste-pipe, ventilating pipe or trap with a
stoneware or semi-vitrified ware pipe or drain shall insert the beaded spigot end of such
iron soil-pipe, waste-pipe, ventilating pipe or trap into a socket on such stoneware or semi-
vitrified ware pipe or drain, making the joint with Portland cement, in the manner
prescribed by paragraph (3) of rule 30:
Provided that it shall be sufficient if he connects the iron soil-pipe, waste-pipe,
ventilating pipe or trap with the stoneware or semi-vitrified ware pipe or drain in an equally
suitable and efficient manner, to be approved by the local authority.
44. Connexion of stoneware pipe, with an iron pipe
Every person who connects a stoneware or semi-vitrified ware trap or pipe with an iron
soil-pipe, waste-pipe, trap or drain shall insert such stoneware or semi-vitrified ware trap
or pipe into a socket on such iron soil-pipe, waste-pipe, trap or drain, making the joint with
Portland cement, in the manner prescribed by paragraph (3) of rule 30:
Provided that it shall be sufficient if he connects the stoneware or semi-vitrified ware
trap or pipe with the iron soil-pipe, waste-pipe trap or drain in an equally suitable and
efficient manner, to be approved by the local authority.
Waste-Pipes and Waste-Water Fittings
45. Requirements for waste-pipes and waste-water fittings
Every person who provides a waste-pipe or a waste-water fitting in connexion with a
building shall, in the providing and fixing of such waste-pipe and such waste-water fitting,
comply with the following requirements—
Materials for waste-pipes
(a) he shall construct such waste-pipe of either lead, steel, cast-iron or wrought
iron, and shall not in any case construct such waste-pipe of either
galvanised sheet iron or zinc;
CAP. 242 [Rev. 2012]
Public Health
[Subsidiary]
[Issue 1] 152
Waste-pipes to be trapped
(b) he shall cause such waste-pipe to be properly trapped, at a point as near as
may be practicable to the point at which such waste-pipe is attached to any
waste-water fitting, by means of an efficient syphon trap:
Provided that a waste-pipe which does not exceed three feet in length and
which receives the discharge from one waste-water fitting only may be fixed
without a trap;
Traps for waste-pipes
(c) he shall cause every trap fixed in connexion with such waste-pipe to be
constructed of either lead, brass, gun-metal or iron, and to be of an
approved pattern, and to be provided on the side or underside with a
screwed movable plug; and he shall cause every such trap to be fixed in
such manner that the whole of the trap is easily accessible, and to be
provided with a water seal at least 2 inches in depth:
Provided that a trap fixed in connexion with a waste-pipe receiving the
discharge from a bath only may be provided with a water seal 1 ½ inches in
depth;
Provision as to trap
(d) he shall not fix in connexion with such waste-pipe any trap of the kind
known as a bell-trap, a dip-trap, a D-trap or a U-trap or running trap, or any
such trap as becomes unsealed on the removal of the cover; and he shall
cause every trap fixed in connexion with such waste-pipe to be of the same
internal diameter as the waste-pipe to which it is connected;
Iron waste-pipes
(e) if he constructs such waste-pipe of iron, he shall cause such waste-pipe to
be constructed either of cast-iron not less than 3/16 inch in thickness or of
wrought iron not less than ⅛ inch in thickness;
Fixing and weight of lead waste-pipes
(f) if he constructs such waste-pipe of lead, he shall cause such waste-pipe to
be fixed by means of proper lead tacks at not more than the following
distances apart—
(i) vertically—at 3 feet centres;
(ii) horizontally—at 2 feet 3 inches centres,
and every such waste-pipe, in proportion to its internal diameter, shall be of
the following minimum weight—
Internal diameter Per linear yard
1¼ inches ............................................................................. 7 lb.
1½ inches ............................................................................. 9 lb.
2 inches ................................................................................ 12 lb.
Waste-pipes to be fixed in accessible positions
(g) he shall cause such waste-pipe, wherever practicable, to be fixed above
floors, and, in any case where such waste-pipe is fixed below any floor, he
shall provide adequate and satisfactory means of access to such pipe for
the purpose of inspection and cleansing;
Disconnexion of waste-pipes
(h) he shall cause every such waste-pipe to be taken through an external wall
of such building at the nearest practicable point and so constructed and
[Rev. 2012] CAP. 242
Public Health
[Subsidiary]
153 [Issue 1]
fixed as to discharge in the open air, either separately or in conjunction with
a common waste-pipe receiving the discharge from two or more waste-
water fittings over an open channel communicating with or over a properly
trapped gully or into such gully above the level of the water in the trap
thereof:
Provided that, with the approval of the local authority and subject to such
conditions as it may impose with regard to the construction of a floor of
impervious materials, floor washings or a waste-pipe from a bath or a
lavatory basin may be permitted to discharge into an open channel
communicating with a trapped gulley inside a building where the waste
water from such trapped gully as aforesaid discharges by means of a proper
waste-pipe in the open air over a trapped gully in the manner already
provided for in this rule;
Sizes of waste-pipes
(i) he shall cause every such waste-pipe—
(i) from a sink, to have an internal diameter of not less than 1½ inches;
(ii) from a lavatory basin, to have an internal diameter of not less than
1¼ inches;
(iii) from a bath, to have an internal diameter of not less than 1½ inches;
(iv) which receives the discharge from two or more waste-water fittings,
to have an internal diameter of not less than 2 inches:
Provided that in the case of a common waste-pipe receiving the
discharge from lavatory basins only, and which lavatory basins do not
exceed four in number, such a common waste-pipe may be provided
with an internal diameter of not less than 1½ inches;
Fixing of waste-water fittings
(j) he shall cause every such waste-water fitting to be fixed as near as may be
practicable to an external wall of such building, and the outlet for waste-
water from such waste-water fitting shall be provided with a good and
efficient brass grate of approved type, well and securely fixed, the
aggregate extent of the apertures in which shall not be less than the
sectional area of the waste-pipe to which such waste-water fitting is fixed;
and he shall cause every such waste-water fitting to be constructed of
impervious materials having rounded corners or angles, and, if provided
with an overflow pipe, such overflow pipe shall be connected to the waste-
pipe receiving the discharge from such waste-water fitting on that side of the
water seal in the trap provided to such waste-pipe which is the nearer to the
waste-water fitting, and the upper end of such overflow pipe shall be so
arranged as to permit of the whole of the overflow being easily cleansed;
Anti-syphonage pipes for waste-pipes
(k) he shall cause every trap fixed in connexion with such waste-pipe to be
ventilated into the open air at a safe outlet for foul air by means of a pipe,
which shall be connected with the highest part of such trap and on that side
of the water seal which is nearer to the outgo, and which shall have in all
parts an internal diameter not less, in proportion to the internal diameter of
the trap which it ventilates, than the following—
Internal diameter of trap
Internal diameter of vent
pipe
1¼ inches ................................................................. 1 inch
1½ inches ................................................................. 1¼ inches
1¾ to 2 inches .......................................................... 1½ inches:
CAP. 242 [Rev. 2012]
Public Health
[Subsidiary]
[Issue 1] 154
Provided that—
(i) where not more than three waste-water fittings are connected to an
efficiently ventilated vertical waste-pipe the end of which is carried up
to a height of not less than twelve inches above the eaves of the roof,
by means of branch waste-pipes not exceeding twelve feet in length,
or, when four or more waste-water fittings are connected to such
ventilated vertical waste-pipe, by means of a branch waste-pipe the
end of which is carried up to a height of not less than twelve inches
above the eaves of the roof, and such additional ventilating pipes or
shafts as may be necessary are provided and carried up above the
eaves as aforesaid, and which are in the opinion of the local authority
sufficient for the purposes of preventing syphonic action from the
traps of the waste-water fittings, it shall be not necessary to ventilate
the traps as prescribed in this rule;
(ii) in the case of a waste-pipe not exceeding twelve feet in length and
which receives the discharge from one waste-water fitting only and
which is not connected with any other waste-pipe, it shall be not
necessary to ventilate the trap of the waste-water fitting;
Jointing of waste-pipes
(l) he shall cause the joints of every such waste-pipe, and the joints of every
ventilating pipe provided in connexion with any trap fixed to any such waste-
pipe to be made as follows—
(i) if such waste-pipe or ventilation pipe is constructed of lead or cast-
iron, the joints shall be made in the same manner as if such waste-
pipe or ventilation pipe were a soil-pipe;
(ii) if such waste-pipe or ventilation pipe is constructed of galvanized
wrought iron, the joints shall be made by the pipes being butted
closely together and secured by means of screwed joints and
couplings, the depth of the couplings being equal at the least to half
the diameter of such waste-pipe or ventilation pipe;
No right-angled junctions
(m) he shall not cause or permit any right-angled junctions to be made in such
waste-pipe, but shall cause every branch waste-pipe to join another waste-
pipe obliquely in the direction of the flow of such waste-pipe, and shall
cause all bends and turnings to be truly curved;
Separate system required for waste-pipes
(n) he shall cause every such waste-pipe and every ventilation pipe fixed in
connexion therewith to be kept entirely separate and distinct from any soil-
pipe or any ventilation pipe fixed in connexion with such soil-pipe.
46. Rain-water pipes not to be used for conveying soil-water or waste-water
No person shall cause any pipe used for the purpose of carrying off rain-water from the
roof of any building to be used for the purpose of carrying off soil-water or waste water, or
to be used as a ventilating pipe to any drain, soil-pipe or waste-pipe.
47. Overflow pipe not to be connected with any drain or ventilating pipe
No person shall cause any overflow pipe from any water supply cistern, flushing
cistern or water waste preventer, or from any safe under any soil-water fitting or waste-
water fitting, to be connected with any drain, soil-pipe, waste-pipe or ventilating pipe, but
shall cause such overflow pipe to discharge direct into the open air in a manner and in a
position to be approved of by the local authority.
[Rev. 2012] CAP. 242
Public Health
[Subsidiary]
155 [Issue 1]
Gully Traps
48. Gully traps
(1) Any person who provides and fixes a gully trap in connexion with the drainage of
any building shall cause such gully traps to be of good glazed stoneware, or other
approved material, and to be provided with a trap having a water seal of not less than 2½
inches in depth, and, except where otherwise required by the local authority to be of the
washout type with the bottom of the gully well rounded.
(2) He shall also cause every such gully trap to be fitted with a suitable grating with
open slots ½ inch wide, the aggregate area of which slots shall be equal to the sectional
area of the pipe or drain into which the gully trap discharges.
(3) He shall also cause such gully trap to be well and securely fixed in a bed of good
cement concrete.
Grease Traps
49. Grease traps
The local authority may, by written notice addressed to the owner of any hotel,
boarding-house, eating-house, restaurant or laundry, or of any factory, workshop or other
premises from which waste-water or sewage of a fatty or soapy character is or is to be
discharged into any drain or sewer, require such owner within a reasonable time, to be
specified in such notice, to provide and fix in connexion with the drainage of such
premises a proper and efficient grease trap of an approved pattern and constructed of
approved materials for the reception of all waste water from any kitchen or scullery
connected with such premises or any waste water or sewage of a fatty or soapy character
from such premises before such waste water or such sewage is discharged into the said
drain or sewer, and any such owner who fails to comply with the requirements of any such
notice, and that within the time specified, shall be guilty of an offence.
Water-Closets, Slop-Hoppers, Urinals, etc.
50. Water-closets
Every person who constructs a water-closet in connexion with a building shall, in the
construction of such water-closet, comply with the following requirements—
(a) he shall furnish such water-closet with a pan, basin or other suitable
receptacle of non-absorbent material, and of such shape, capacity and
mode of construction as to receive and contain a sufficient quantity of water,
and to allow all filth which may from time to time be deposited in such pan,
basin or receptacle to fall free of the sides thereof, and directly into the
water received and contained in such pan, basin or receptacle;
(b) he shall not construct or fix under such pan, basin or receptacle any
container or other similar fitting; and he shall not construct or fix in or in
connexion with the water-closet apparatus any trap of the kind known as a
D-trap;
(c) he shall cause every such water-closet, other than a water-closet of the kind
known as a trough-closet, to be of the wash-down type, to be self-cleansing
and to be provided with a trap having a water seal not less than 2 inches in
depth and, except in the case of an approved syphonic closet, the outlet of
the trap to be not less than 3½ inches or more than 4 inches internal
diameter; and he shall cause the pan and trap of such water-closet to be of
porcelain ware or well glazed stoneware, or the trap may be of strong case
lead;
CAP. 242 [Rev. 2012]
Public Health
[Subsidiary]
[Issue 1] 156
(d) he shall not fix or cause to be fixed any such water-closet, of the kind known
as a trough-closet, of a type which has not been tested by the local authority
and found, on testing, to be so designed and constructed as to secure the
complete clearing out of dejecta and paper according to the standard test
set out in the First Schedule to these Rules;
(e) if he constructs any water-closet of the kind known as a trough-closet, he
shall cause such water-closet to be provided with a trap having a water seal
not less than 2 inches in depth and the outlet to the trap to be not less than
3½ inches or more than 4 inches internal diameter, and he shall cause the
trough and trap to be of glazed stoneware or other suitable and impervious
material to be approved by the local authority:
Provided that no person shall construct a water-closet of the kind known as a
trough-closet except with the written permission of the local authority and subject to such
terms and conditions as it may prescribe.
51. Urinals
Every person who constructs a urinal shall, in the construction of such urinal, comply
with the following requirements—
(a) he shall cause such urinal to be constructed of smooth or glazed impervious
material, and to be fitted at floor level with a trap, which shall have a water
seal not less than 2 inches in depth, and the floor of such urinal to be
constructed of good cement concrete at least 4 inches in thickness or of
other approved impervious materials; and he shall also cause such floor,
whether the urinal be of the stall or the basin type, to be laid with a proper
fall towards such gully for a distance of at least 18 inches from the said gully
trap;
(b) if he constructs a urinal of the basin type, he shall cause the soil-pipe
connected to the basin of such urinal to discharge directly over such gully
trap, or into a proper smooth or glazed channel leading thereto;
(c) if he constructs a range of urinals, only one gully trap shall be provided to
such range, and communication between each urinal and gully trap shall be
provided by means of a smooth or glazed channel; and he shall also cause
the floor to be laid with a proper fall towards such channel for a distance of
at least 18 inches from the said channel;
(d) he shall cause every gully trap provided in connexion with such urinal to be
provided with a movable or hinged strong barred grate.
52. Slop-hoppers
Every person who constructs a slop-hopper in connexion with a building shall, in the
construction of such slop-hopper, comply with the following requirements—
(a) he shall cause such slop-hopper to be composed of porcelain ware, well
glazed stoneware or smooth enamelled cast-iron, and the outlet to be fitted
with a movable enamelled cast-iron grating with parallel slots of at least
one-half of an inch in width, such grating to be fixed just above the water
line of the trap of such slop-hopper, and the surface thereof shall not be less
than the outgo of the spigot of such slop-hopper;
(b) he may, if he so desires, provide a second grating to such slop-hopper to be
fitted above the aforesaid first grating; and, if he provides such a second
grating, he shall cause the width of the slots in such second grating to be
not less than one and a half inches in width, and such second grating shall
be hinged or movable;
[Rev. 2012] CAP. 242
Public Health
[Subsidiary]
157 [Issue 1]
(c) he shall not construct any such slop-hopper which is composed of two
pieces unless the junction of such two pieces is constructed above the
water line of the trap of such slop-hopper and the joint is of sufficient depth
and strength to secure its immobility;
(d) if he causes a housemaid’s sink to be attached to such slop-hopper, the
waste-pipe from such sink shall not exceed 2 feet in length, and shall be so
fixed as to discharge above the level of the water in the trap of such slop-
hopper;
(e) unless such slop-hopper is fixed on a floor of good cement concrete not less
than 4 inches in thickness, he shall cause such slop-hopper to be placed
upon a safe constructed in the same manner and of the same materials as if
the slop-hopper placed on such safe were a water-closet.
53. Traps and joints of soil-water fittings
Any person who constructs a soil-water fitting in connexion with a building shall, in the
construction of such soil-water fitting, comply with the following requirements—
(a) he shall cause such soil-water fitting to be provided with an efficient syphon
trap having a water seal at least 2 inches in depth;
(b) he shall, except in the case of an approved floor flange joint, cause the
junction of such trap with any soil-pipe to be above the level of the floor of
the apartment in which such soil-water fitting is fixed, and to be so situated
as to be readily accessible and exposed to view on all sides; and
notwithstanding anything contained in rules 40, 41, 42, 43 and 44 of these
Rules, he shall, when so required by the local authority, cause the joint
between the spigot of such trap and a soil-pipe to be made with bitumen or
other like material which is not liable to crack, and which will quickly set
hard and firm, but which is capable of removal by heating:
Provided that this Rule shall not apply in the case of a water-closet which is fixed in
the manner as described in subparagraph (ii) of paragraph (b) of rule 61 or in the case of
any joint or junction between a urinal and any gully trap connected therewith.
54. Requirements for construction of soil-water fittings
Any person who constructs any soil-water fitting in connexion with a building shall, in
the construction of such soil-water fitting, comply with the following requirements—
Separate water-flushing cistern and apparatus to be finished
(a) he shall furnish such soil-water fitting with an approved and separate water-
flushing cistern of adequate capacity, which shall be so constructed, fitted
and placed as to admit of a supply of water for use in such soil-water fitting
without any direct connexion between any service pipe upon such building
and any part of the apparatus of such soil-water fitting, other than such
water supply cistern; and he shall likewise furnish such soil-water fitting with
a suitable and approved apparatus for the effectual application of water to
any pan, basin or other receptacle with which such apparatus may be
connected and used, and for the effectual flushing and cleansing of such
pan, basin or other receptacle, and for the prompt and effectual removal
therefrom of any solid or liquid filth which may from time to time be
deposited therein;
Requirements as to cisterns
(b) he shall cause such water-flushing cistern to be fitted with a valveless
flushing syphon and a strong approved high pressure valve connected to
the water inlet, and shall also provide such cistern with an overflow pipe of
CAP. 242 [Rev. 2012]
Public Health
[Subsidiary]
[Issue 1] 158
drawn lead or galvanized wrought iron having an internal diameter of not
less than ¾ inch, which shall be carried through an external wall of such
building so as to discharge in the open air in an exposed position;
Capacity of water-flushing cisterns to water-closets
(c) he shall cause every such cistern provided in connexion with a water-closet
to have a capacity of at least 3 gallons:
Provided that in the case of any trough-closet such cistern shall have a
capacity of at least 5 gallons per seat of such trough-closet;
Capacity of water-flushing cisterns to urinals
(d) he shall cause every urinal or range of urinals fixed in any public place, or in
any hotel or other building which is not a private building, to be provided
with an automatic water-flushing cistern capable of discharging at least one
gallon of water per urinal for each two feet width of stand at intervals not
exceeding twenty minutes;
Materials for flushing pipes
(e) he shall cause the flushing pipe furnished to every such water-flushing
cistern to be either of drawn lead of the weights specified for waste-pipes, or
of copper, nickel or brass or of strong galvanized wrought iron, and to be
fixed vertically and properly connected to such cistern and the soil-water
fitting in an approved and workmanlike manner;
Size and length of flushing pipes to water-closets
(f) he shall, in the case of every flushing pipe of a water supply cistern
furnished to any water-closet, other than a trough-closet, cause the length
of the flush pipe, measured vertically from the discharge end to the bottom
of the water supply cistern, and the internal diameter of such pipe to be as
follows—
(i) for high level cisterns, 4 feet 6 inches or more in length, not less than
1¼ inches internal diameter;
(ii) for low level cisterns, 2 feet to 4 feet 6 inches in length, not less than
1½ inches internal diameter; 1 foot to 2 feet in length, not less than
1¼ inches internal diameter; flushing pipes under 1 foot in length, not
less than 2 inches internal diameter;
Size and length of flushing pipes to trough-closets
(g) he shall cause every water-flushing cistern provided to any trough-closet to
be fixed at such a level that the flushing pipe furnished to such cistern is not
less than 6 feet vertically in height, and has an internal diameter not less in
any case than the following—
(i) 1½ inches internal diameter, for cisterns with a capacity of less than
20 gallons;
(ii) 2 inches internal diameter, for cisterns with a capacity of 20 gallons to
30 gallons;
(iii) 2½ inches internal diameter, for cisterns with a capacity of more than
30 gallons;
Size and length of flushing pipes to urinals
(h) he shall cause the flushing pipe of any water-flushing cistern furnished to a
urinal to be fixed with such a length as to provide a vertical height of not
less than 3 feet between the discharge end of such pipe and the underside
of such water-flushing cistern, and to have an internal diameter of not less
than ¾ inch;
[Rev. 2012] CAP. 242
Public Health
[Subsidiary]
159 [Issue 1]
Materials to be used for water-flushing cisterns
(i) he shall cause every water-flushing cistern furnished in connexion with such
soil-water fitting to be constructed of such materials, in accordance with the
holding capacity of such cistern, as to comply with the following
requirements—
(i) water-flushing cisterns up to 3 gallons capacity shall be of strong
galvanized cast-iron or other material which has been approved of by
the local authority;
(ii) water-flushing cisterns over 3 gallons and up to 18 gallons capacity
may be constructed of galvanized sheet iron of No. 18 gauge;
(iii) water-flushing cisterns over 18 gallons capacity may be constructed
of galvanized sheet iron of No. 16 gauge:
Provided that every such cistern constructed of galvanised sheet iron shall be well
riveted and stayed together, and the joints made sound and watertight.
55. Automatic water-flushing cisterns not to be provided without permission
No person shall construct in connexion with a water-closet any automatic water-
flushing cistern, except with the written permission of the local authority and subject to
such terms and conditions as it may impose, and no such automatic water-flushing cistern
shall be of less holding capacity than 5 gallons.
56. Automatic water-flushing cisterns
Every person who constructs an automatic water-flushing cistern in connexion with a
urinal, and every person who, with the written permission of the local authority, constructs
an automatic water-flushing cistern in connexion with a water-closet, shall, in the
construction of such urinal or water-closet, and such automatic water-flushing cistern,
comply with the following requirements—
(a) he shall cause such urinal or range of urinals, or such water-closet, trough-
closet, or set of closets, to be erected in such a manner and in such a
position that the automatic water-flushing cistern and the stop cocks
connected thereto are easily accessible;
(b) he shall cause such cistern to be provided with two stop cocks, one of a
screw-down type for regulating, and the other for shutting off, the water
supply, and shall cause such cistern to be regulated in the supply of water,
and the water to be turned off at fixed hours, in accordance with any
instructions given by the local authority.
57. Water-closets to be kept provided with sufficient supply of water
The occupier of any premises on or for which any water-closet is for the time being
provided shall, in so far as he is able, cause such water-closet at all times to be properly
supplied with a sufficient quantity of water for the proper and efficient flushing thereof, and
where, by the act or default of such occupier, any such water-closet is at any time without
a proper and sufficient water supply as aforesaid such occupier shall be guilty of an
offence.
58. Position and enclosure of soil-water fittings
(1) Every person who constructs a soil water fitting in connexion with a building shall
construct such soil-water fitting in such a position that it is against or adjacent to an
external wall.
(2) He shall also cause every such soil-water fitting to be enclosed in a suitable
apartment constructed in such a manner and of such material as meet with the approval of
the local authority and, in the case of any water-closet, in accordance with paragraph (a)
of rule 61.
CAP. 242 [Rev. 2012]
Public Health
[Subsidiary]
[Issue 1] 160
(3) He shall not construct any such soil-water fitting or the apartment connected
therewith so that it is approached directly from any room used for the purpose of human
habitation, other than a bedroom, or used for the manufacture, preparation or storage of
food for man, or used as a factory, workshop, workplace or public building.
(4) He shall construct such soil-water fitting so that on any side on which it would
about on a room intended for human habitation, other than a bedroom, or used for the
manufacture, preparation or storage for food for man, or used as a factory, workshop,
workplace or public building, it is enclosed by a solid wall or partition of brick, stone,
concrete or other suitable materials, extending the entire height from the floor to the
ceiling.
59. Window and ventilation for soil-water fitting
(1) Every person who constructs a soil-water fitting in connexion with a building,
whether the situation of such soil-water fitting is or is not within or partly within such
building, shall construct in one of the walls of the apartment in which such soil-water fitting
is situated a window, the whole of which shall be made to open, of not less dimensions
than two square feet, exclusive of the frame, and opening directly upon the external air.
(2) Such apartment as aforesaid, in addition to such window shall also be provided
with adequate means of constant ventilation by at least one ventilating aperture, of not
less dimensions than 144 square inches, exclusive of any frame, built in an external wall
of such apartment.
60. Trough-closets to open to external air
Every person who, in connexion with a building, constructs any water-closet of the kind
known as a trough-closet shall construct such water-closet so that the entrance thereto
opens directly to the external air.
61. Conditions for construction of water-closets
Every person who constructs a water-closet in connexion with a building shall, in the
construction of such water-closet, comply with the following requirements—
(a) (i) he shall cause the apartment in which such water-closet is
constructed to be substantially built of brick, stone or cement concrete,
or of iron framed with iron or wood, and such apartment shall not be of
less size in any case than 5 feet by 3 feet inside measurements, and
not less than 6 feet 6 inches in height;
(ii) if such apartment is built of iron framed with iron or wood he shall
cause such apartment to have a brick wall at least 4½ inches in
thickness, or a stone wall at least 8 inches in thickness, or a cement
concrete wall at least 4 inches in thickness, built up at least 2 feet
above the level of the floor of the apartment and rendered with
cement plaster at least ¾ inch in thickness and finished with a
smooth surface;
(iii) he shall cause every such apartment as aforesaid to be provided with
proper doors and fastenings:
Provided that, in the case of a water-closet of the kind known as a
trough-closet, such doors and fastenings may with the written
consent of the local authority, be omitted;
(b) he shall cause such water-closet to be fixed in either of the following
manners but not otherwise—
(i) he shall—
(a) cause the whole of the pan and the trap of such water-closet to
be fixed entirely above the level of the floor of the apartment in
[Rev. 2012] CAP. 242
Public Health
[Subsidiary]
161 [Issue 1]
which such water-closet is constructed, and to be provided with
a seat of hardwood, hinged at the back, or some other suitable
type of seat which has been approved by the local authority;
(b) not cause or permit the pan of such water-closet to be
enclosed or cased round in any manner, but shall construct the
same in such a manner that the whole of the pan shall be fully
exposed to view;
(c) cause the floor of such apartment as aforesaid either to be
constructed of good cement concrete not less than 4 inches in
thickness or of other impervious materials to be approved by
the local authority, or in any case where the floor of such
apartment as aforesaid is constructed of wood or other
absorbent materials, shall when so required by the local
authority cause the pan of such water-closet to be placed upon
a safe, constructed of lead or of other suitable impervious
materials which have been approved by the local authority;
(d) cause such safe to be securely fixed and so constructed as to
be watertight, and shall provide the same with an overflow pipe
of drawn lead or galvanized wrought iron, having an internal
diameter of not less than ¾ inch which shall discharge direct
into the external air;
(ii) he shall cause the whole of the pan of such water-closet to be so
sunk below the level of the floor of the apartment in which such
water-closet is constructed that the upper face of the flushing rim of
such pan is at the level of the floor of the said apartment, and he shall
cause the whole of the pan and the trap of such water-closet to be
firmly embedded in good cement concrete at least 4 inches in
thickness; and he shall also cause the floor of the said apartment to
be constructed of good cement concrete at least 4 inches in
thickness, and to be so laid with a slope on all sides of the pan of
such water-closet that any liquid which may fall upon such floor will
flow into the pan of such water-closet.
Septic Tanks and Sewage Filter Installations, etc.
62. Requirements as to septic tanks, etc.
No person shall construct any septic tank, storage tank, sewage filter installation or
other works for the treatment, reception or disposal of sewage except with the written
permission of the local authority, and then only subject to the following conditions or such
other conditions as it may impose—
Distance from buildings and plot boundaries
(a) he shall not construct any such septic tank, storage tank, sewage filter
installation or other works for the treatment, reception or disposal of sewage
under any building nor, except with the consent of the local authority, within
40 feet of any building or any plot boundary, nor so that it has, by drain or
otherwise, any inlet for rain-water or other surface water or any outlet into or
means of communication with any sewer;
Situation and means of access
(b) he shall cause any such septic tank, storage tank, sewage filter installation
or other works for the treatment, reception or disposal of sewage to be
constructed in such a manner and in such a position as to afford ready
means of access thereto for the purpose of cleansing the same, and of
removing the contents thereof, and in such manner and in such a position
CAP. 242 [Rev. 2012]
Public Health
[Subsidiary]
[Issue 1] 162
as to admit of the contents thereof being removed therefrom and from the
premises to which such septic tank, sewage filter installation, or other works
for the treatment or disposal of sewage may belong, without being carried
through any building;
To be covered and ventilated
(c) he shall cause any such septic tank, storage tank, sewage filter installation
or other works for the treatment, reception or disposal of sewage to be
sufficiently covered over, to be adequately and efficiently ventilated and to
be so protected as to prevent any nuisance therefrom and so as to prevent
the breeding of mosquitoes in connexion therewith;
Disposal of effluents and filtrates
(d) he shall not commence the construction of any such septic tank, storage
tank, sewage filter installation or other works for the treatment, reception or
disposal of sewage until the local authority is satisfied that adequate and
satisfactory provision has been made for the periodic emptying and
cleansing of the same, or for the innocuous disposal of the effluent or filtrate
therefrom, as the case may be;
To be watertight
(e) he shall cause the walls, floors, and coverings of any septic tank, sewage
storage tank or effluent tank, and such parts of the walls of any enclosure
tank for the reception of filtering medium that may be necessary, to be
constructed of impervious materials and so as to be watertight.
Disposal of Sewage
63. Disposal of sewage
No person shall dispose of solid or liquid sewage or sewage effluent in such a manner
or in such a position as to cause or be likely to cause dampness in any building or part
thereof, or to endanger the purity of any water supply, or to create any nuisance:
Provided that nothing in this rule shall be deemed to prohibit the disposal of waste
water from baths, lavatory basins or kitchen sinks by a satisfactory method of surface
irrigation or sub-irrigation in such a manner that neither dampness of buildings, the
breeding of mosquitoes, the pollution of water supplies nor other form of nuisance is
caused thereby.
Deposit of Drainage Plans, Giving of Notices, etc.
64. Notice to be given and plans deposited of new drainage works
(1) Every person who intends to construct or to carry out any drainage works or works
connected in any way with the drainage of any premises shall deposit with the local
authority, at its offices, notice in writing of such intention; and he shall at the same time
deposit such plans, sections and particulars of the proposed works as may be required by
the local authority.
(2) He shall cause such plans and sections to be clearly and indelibly made on linen
to a scale of not less than 1 inch to every 16 feet, and shall, amongst other things, show
thereon every floor of any building in connexion with which such pipes or drains are to be
used, and the position, form, levels and arrangements of the several parts of such
building, including the roof thereof, and the size, gradient and position of every drain, and
the size, position and mode of construction of every septic tank, cesspool or other
receptacle for drainage, and every manhole or inspection chamber, and the size and
position of every gully, soil-pipe, waste-pipe, ventilating pipe and rain-water pipe, and of
[Rev. 2012] CAP. 242
Public Health
[Subsidiary]
163 [Issue 1]
any drain passing under such building, and the position of every bath, water-closet
apparatus, slop-hopper, slop-sink, urinal, lavatory basin or apparatus, sink and trap in
connexion with the foregoing.
(3) He shall also show thereon the position of all windows and other openings into the
building, within a distance of 20 feet from the open end of a soil-pipe or ventilating pipe.
(4) He shall at the same time deposit with the local authority, at its offices, a detailed
description in writing of the intended mode of constructing, jointing and fixing any such
drain, septic tank, cess-pool or other receptacle for drainage, manhole or inspection
chamber, gully, soil-pipe, waste-pipe, ventilating pipe, bath, water-closet apparatus, slop-
hopper, slop-sink, urinal, lavatory basin or apparatus, sink or trap.
(5) He shall at the same time deposit with the local authority, at its offices, a block
plan of the premises upon which any such building is or is to be situated, or any such work
is to be carried out, drawn to a scale of not less than 1 inch to every 16 feet, and he shall
show thereon—
(a) the block plan of such building;
(b) the position of the whole of the buildings on the premises, and so much of
the properties adjoining thereto as may be affected by the proposed work;
(c) the names of the streets or thoroughfares immediately adjoining the
premises, and the number or designation of the premises;
(d) the difference of the level between the lowest floor of such building and the
adjoining ground;
(e) the level of any yard, area or ground or open space belonging to such
premises;
(f) the lines of drainage, with the size, depth and inclination of the proposed
drainage, the fall of the ground and the depth of the connexion to any
sewer, septic tank, cesspool or other receptacle for drainage, and, so far as
can be ascertained without opening the ground, the lines, size, depth and
inclination of the existing drainage, the surface drains (if any) and the
arrangement for the ventilation of the drains, the existing pipes and drains
and the proposed pipes and drains, to be distinctly indicated by different
colours;
(g) the position, form and depth of every existing or proposed manhole or
inspection chamber, gully, junction, bend and intercepting trap, and any
connexion with a sewer, septic tank, cesspool or other receptacle for
drainage;
(h) the points of the compass:
Provided that, where the plans, sections and particulars deposited under paragraph (1)
clearly show the particulars herein before required to be shown on a block plan, it shall not be
necessary to deposit a block plan.
(6) The plans, sections, particulars and detailed description hereinbefore mentioned
shall be deposited with the local authority twenty-eight days at least before the work is
proposed to be commenced, and, in the case where a building is to be erected, before
commencing the erection of such building.
(7) Such person shall sign such plans, sections and particulars or cause the same to
be signed by his duly authorized agent.
65. Addition to, partial construction, reconstruction or alteration of existing
drainage works
Every person who makes any addition to, partially constructed entirely or partially
reconstructs or alter any such works as any described in rule 64 shall be deemed to have
CAP. 242 [Rev. 2012]
Public Health
[Subsidiary]
[Issue 1] 164
satisfied the provisions of that rule, if he causes a deposit to be made (in the manner
therein provided) of any such plans, sections and particulars of the proposed addition,
partial construction, entire or partial reconstruction or alteration as may be necessary for
the purpose of enabling the local authority to ascertain whether such addition, partial
construction, entire or partial reconstruction or alteration is in accordance with the
provisions of these Rules and any other regulations rules and by-laws of the local
authority relating thereto, and, in any case plants and sections have been previously
deposited in conformity with rule 64, it shall be sufficient for him to refer to such previous
deposit, and to give in writing the date thereof and to show the new work on the plans and
sections to be deposited and only so much of the existing work as will enable the local
authority to see the relative positions of the new and old work.
66. Copy of plans, etc., to belong to local authority
One copy of any plans, sections and particulars deposited in compliance with the
provisions of rules 64 and 65 shall remain the property of the local authority.
67. Approval of drainage plans
So soon as the local authority is satisfied that any such plans, sections or particulars
deposited in accordance with rules 64 and 65 do not contravene any of the provisions of
these Rules and any other regulations, rules and by-laws of the local authority relating
thereto, and are in other respects satisfactory, it shall cause its approval thereof to be
signified in writing.
68. Drainage work not to be commenced before approval obtained
No person shall begin to construct, install, connect, make any addition to, partially
construct, entirely or partially reconstruct or alter any such works as are described in
paragraph (1) of rule 64 until he has given notice of his intention and has deposited the
plans, sections and particulars required by rules 64 and 65 and the local authority has
either intimated its approval of such work or failed to intimate its disapproval thereof within
the period hereinafter described in that behalf, and, subject to rule 70 no person shall,
except with the written permission of the local authority, carry out such work as aforesaid
otherwise than in accordance with the approved plans.
69. In default of local authority drainage work may be proceeded with
If the local authority fails to intimate, within twenty-eight days of the receipt of any
plans or notice delivered in accordance with these Rules, to the person submitting such
plans its disapproval of the proposed work which the said person intends to carry out, the
person submitting the plans may proceed with such work in accordance with such plans,
but not so as to contravene any of the provisions of these Rules or any other regulations,
rules and by-laws of the local authority relating thereto.
70. Alteration and construction of drainage work in cases of urgency
Notwithstanding anything contained in any of the preceding rules of these Rules,
where, in the opinion of the medical office of health, in consequence of either an existing
nuisance or a case of infectious disease on any premises, the carrying out of any such
work as is described in paragraph (1) of rule 64 and rule 65 such premises is a matter of
urgency, the medical officer of health may serve a written notice upon the owner of such
premises, a copy of which shall be delivered forthwith to the local authority, certifying that
the carrying out of any such work as aforesaid is a matter of urgency, whereupon the
owner of such premises may proceed forthwith to carry out such work before any such
[Rev. 2012] CAP. 242
Public Health
[Subsidiary]
165 [Issue 1]
plans, sections or particulars as may be required under the said rules 64 and 65 have
been deposited with the local authority, and shall forthwith send to the local authority
notice in writing of his intention so to do:
Provided that—
(i) where, on a written certificate of urgency issued by the medical officer of
health, any such work as aforesaid is carried out on any premises, the
person carrying out such work shall, within 14 days from the date of the
commencement of such work, deposit the plans, sections and particulars
required by the said rules;
(ii) nothing contained in this rule shall be held to relieve the person carrying out
such work as aforesaid from the necessity of complying, in the carrying out
of such work, with the provisions of these Rules and any other regulations,
rules and by-laws of the local authority relating thereto.
71. Works notice before drainage work is commenced
(1) Every person who intends to carry out any such work as described in paragraph (1)
of rule 64 and rule 65 shall deliver to the local authority, at its offices, notice in writing of such
intention at least 24 hours before such person begins to carry out any such work as
aforesaid.
(2) The delivery of any notice and the deposit of any plans, sections or particulars as
provided in rules 64 and 65 shall not be deemed to be a notice under this Rule.
72. Notice that work is completed and ready for testing
(1) Every person who carries out any such work as is described in paragraph (1) of
rule 64 and rule 65 shall, as soon as such work is ready for testing, give notice in writing to
the local authority that such work is ready for testing, and he shall afford to any duly
authorized officer of the local authority every facility for inspection and for the purpose of
making such tests of the work as may be deemed necessary.
(2) Upon receipt of any such notice as aforesaid, the local authority shall within 48
hours cause such work to be inspected and tested.
73. Drainage work not to be covered up until tested and approved
No person shall proceed to cover up any such work as is described in paragragph (1)
of rule 64 and rule 65 until such work has been inspected, tested and approved by the
medical officer of health or other duly authorized officer of the local authority.
74. Certificate to be issued on completion of drainage
Where any person carries out any such work as is described in paragraph (1) of rule
64 and rule 65, and where, after completion, such work has been inspected, tested and
approved, the local authority shall issue to the owner of the premises upon which such
work has been carried out a certificate in writing that the said work, after completion,
inspection and testing, has been approved:
Provided that such certificate shall not in any way be held to impose any liability
whatsoever on the local authority or any of its officers or on Government for any loss or
damage that may be caused through any such work not being designed or carried out in a
proper, efficient and workmanlike manner, or through any such work being carried out
otherwise than in accordance with the approved plans and these Rules.
75. Fresh notice to be given if work not proceeded with within one year
If any person who is entitled to proceed with any drainage work under rules 67 and 69
fails to do so within the period of one year, the notice given by him shall be held to have
CAP. 242 [Rev. 2012]
Public Health
[Subsidiary]
[Issue 1] 166
lapsed, and he shall give fresh notice of his intention before proceeding to carry out such
work and that in the manner hereinbefore prescribed.
76. Unauthorized drainage work
(1) Any person who carries out or begins to carry out any works in contravention of
the provisions of these Rules shall be guilty of an offence, and whether proceedings have
been taken against the person offending or not the local authority may serve upon the
person so offending a notice in writing requiring him, within a time to be specified in such
notice, to execute such alteration upon or to carry out such additions to such works as
may be necessary to render such works in accordance with the provisions of these Rules,
or to cut into, lay open, remove or demolish the same.
(2) Local authority may order unauthorized work to be demolished.—Any person who
fails to comply with the requirements of any such notice as aforesaid within the time
specified therein shall be guilty of an offence, and the local authority may cause the said
works to be altered, cut into, laid open, removed, demolished or otherwise dealt with, and
may recover the expense of so doing as a civil debt recoverable summarily from the
person so offending.
Licensing of Plumbers and Drainlayers
77. Drainage work to be carried out by licensed plumbers and drainlayers
(1) No person shall construct or carry out any drainage works or any works connected
in any manner with the discharge of liquid or solid matter into any drain, cesspool, septic,
tank or sewer, or otherwise connected with the drainage of any premises, unless such
person is in lawful possession of a licence obtained from the local authority authorising
him so to do.
(2) Such licence shall be in the form of a plumber’s licence or drainlayer’s licence in
the Second Schedule, and any person to whom any such licence as aforesaid has been
issued by the local authority shall be empowered to construct or carry out the following
works only in respect of such licence—
Plumber’s licence
(a) every person to whom a plumber’s licence has been issued by the local
authority shall be entitled to carry out any plumbing work in connexion with
the construction, fixing, laying, repair or removal of pipes, valves, traps,
drains or other apparatus or appliance connected with the drainage of any
premises, but not to construct or lay any stoneware drain, inspection
chamber, cesspool, septic tank, sewage filter installation or other works for
the treatment or disposal of sewage;
Drainlayer’s licence
(b) every person to whom a drainlayer’s licence has been issued by the local
authority shall be entitled to construct or lay any stoneware drain, inspection
chamber, cesspool, septic tank, sewage filter installation or other works for
the treatment or disposal of sewage, but not to carry out the work of a
plumber:
Provided that nothing in this Rule shall be deemed to prohibit any workman carrying
out any such works as aforesaid, where such workman carries out such works under the
direction, supervision and control of a licensed plumber or a licensed drainlayer.
(3) Any person who contravenes any of the provisions of this rule shall be guilty of an
offence.
[Rev. 2012] CAP. 242
Public Health
[Subsidiary]
167 [Issue 1]
78. Plumbers and drainlayers must satisfy local authority of their competency
No plumber’s licence and no drainlayer’s licence shall be issued by the local authority
to any person until such person has satisfied the local authority as to his competency to
carry out the work of a licensed plumber or of a licensed drainlayer, and the local authority
may require any person who applies for a plumber’s licence or a drainlayer’s licence to
submit himself to examination by such a body of persons as the local authority may
appoint for the purpose of ascertaining whether such person as aforesaid is competent to
carry out the work of a licensed plumber or a licensed drainlayer in a satisfactory and
efficient manner.
79. Register of licensed persons to be kept by local authority and signed by
licensees
Before the local authority issues a plumber’s licence or a drainlayer’s licence to any
person, such person shall be required to sign a register, which shall be kept by the local
authority, containing a declaration that he accepts such licence subject to, and that he will
conform with, the conditions thereof and the provisions of these Rules and any other
regulations, rules and by-laws of the local authority relating to drainage works or any
works connected in any manner with the drainage of any premises.
80. Licence to be produced for inspection
Any person to whom a plumber’s licence or a drainlayer’s licence has been issued by
the local authority under these Rules shall, if called upon at any reasonable time to do so,
produce his licence for the inspection of any duly authorized officer of the local authority or
the medical officer of health or a sanitary inspector.
81. Cancellation of licence
The local authority may at any time cancel any licence issued to any plumber or
drainlayer under these Rules if the local authority is satisfied that such licensed plumber or
such licensed drainlayer has, either by himself or by his workmen, caused or permitted
any plumbing or drainlaying work to be carried out in a negligent or unworkmanlike
manner to the injury of any person or property, or contrary to any of the provisions of
these Rules or any other regulations, rules or by-laws of the local authority relating to
drainage works or any works connected in any manner with the drainage of any premises:
Opportunity for defence
Provided that, before any such licence is cancelled as aforesaid, the person whose
licence it is proposed to cancel shall be given an opportunity of appearing before the local
authority or before a committee appointed by the local authority, and of being heard in his
own defence.
82. Date of effect
Rules 77, 78, 79, 80 and 81 shall not come into force until after the expiration of a
period of six months from the date of the application of these Rules under rule 2.
Provision of Latrine Accommodation
83. New buildings must be provided with latrine accommodation
(1) It shall not be lawful newly to erect any domestic building or public building or to
re-erect any domestic building or public building of which any two external walls have
been pulled down or burned down or have fallen down to or below the level of the ground
floor, or to occupy or, being the owner thereof, permit to be occupied any such domestic
building or public building without proper and sufficient latrine accommodation so situated
as to be conveniently accessible to all persons to be employed or accommodated therein.
CAP. 242 [Rev. 2012]
Public Health
[Subsidiary]
[Issue 1] 168
(2) For the purposes of this Rule, in the case of a domestic building the whole or any
part or portion of which is designed or intended to be used as a dwelling-house, such a
domestic building shall not be deemed to be provided with proper and sufficient latrine
accommodation unless each and every dwelling-house in such domestic building is
provided with proper, sufficient and separate latrine accommodation so situated as to be
conveniently accessible to the inmates of such dwelling-house.
(3) Notwithstanding anything contained in this Rule, where, in the opinion of the local
authority, sufficient latrine accommodation can be so conveniently situated that it may be
used in common by the inmates of two or more dwelling-houses or the inmates of one or
more dwelling-houses and of any part of a domestic building not being a dwelling-house, it
shall be lawful for the local authority to require to be provided such latrine accommodation
as it may deem sufficient for the use of such occupants as aforesaid, and to allow such
latrine accommodation to be used in common by such occupants.
(4) Any person who causes any domestic building or public building newly to be
erected or to be re-erected, or who occupies, or being the owner thereof permits to be
occupied, any such newly erected or re-erected domestic building or public building, in
contravention of the provisions of this rule, shall be guilty of an offence.
84. Local authority to require latrine accommodation in existing buildings
(1) If a domestic building or a public building appears to the local authority to be
without proper and sufficient latrine accommodation so situated as to be conveniently
accessible to the inmates of or the persons employed or accommodated in such domestic
building or public building, the local authority shall, by written notice served upon the
owner or occupier of the domestic building or public building, require such owner or
occupier, within a reasonable time to be specified in such notice, to provide proper and
sufficient latrine accommodation so situated as to be conveniently accessible to the
inmates of or the persons employed or accommodated in such domestic building or public
building.
(2) Any owner or occupier who, on receipt of such written notice, fails to comply with
the requirements of such notice, and that within the time specified, shall be guilty of an
offence, and the local authority may, after the expiration of the time specified in the notice,
do the work required to be done, and may recover as a civil debt recoverable summarily
from the owner the expenses incurred by them in so doing.
(3) For the purposes of this rule, in the case of a domestic building the whole or any
part or portion of which is used as a dwelling-house, such a domestic building shall not be
deemed to be provided with proper and sufficient latrine accommodation unless each and
every dwelling-house in such domestic building is provided with proper, sufficient and
separate latrine accommodation so situated as to be conveniently accessible to the
inmates of such dwelling-house:
Provided that where, at the date of the application of these Rules under rule 2,
latrine accommodation has been and is used in common by the inmates of two or more
existing dwelling-houses, or the inmates of one or more existing dwelling-houses, and of
any part of an existing domestic building not being a dwelling-house, and if in the opinion
of the local authority such latrine accommodation may continue to be so used, the local
authority may permit such latrine accommodation to be used in common for such period of
time as it may think fit, and it need not require separate latrine accommodation to be
provided for each such dwelling-house.
85. Latrines for factories and workshops, etc.
(1) The owner or occupier of every factory, workshop, work-place or other premises
where persons are employed or in attendance provide such factory, workshop, workplace
or other premises as shall with proper and sufficient latrine accommodation, regard
aforesaid had to the number of persons employed in or in attendance being at such
[Rev. 2012] CAP. 242
Public Health
[Subsidiary]
169 [Issue 1]
factory, workplace, workshop or other premises as aforesaid and also, where persons of
both sexes are or are to be employed or in attendance, with proper accommodation for
persons of each sex, and such owner or occupier shall, in the provision of such latrine
accommodation, comply with the following requirements—
(a) in factories, workshops, workplaces or other premises as aforesaid where
females are employed or in attendance, he shall provide one water-closet
for every 25 females, or one pail closet for every 15 females;
(b) in factories, workshops, workplaces or other premises as aforesaid where
males are employed or in attendance, he shall provide one water-closet for
every 25 males or one pail-closet for every 15 males:
Provided that, where the number of males employed or in attendance
exceeds 100 and sufficient urinal accommodation is also provided, it shall
be sufficient if there is one water-closet for every 25 males up to the first
100 and one for every 40 thereafter, or one pail-closet for every 15 males
up to the first 105 and one for every 25 thereafter;
(c) he shall, in calculating the number of latrines required under paragraphs (a)
and (b) of this rule, reckon any number of persons less than 15, 25 or 40, as
the case may be, as 15, 25 or 40 respectively;
(d) he shall cause every latrine to be kept in a clean state;
(e) he shall cause every latrine to be under cover and so partitioned off as to
secure privacy, and if for the use of females to have proper doors and
fastenings;
(f) he shall cause all latrine accommodation to be so arranged and maintained
as to be conveniently accessible to all persons employed in such factory,
workshop, workplace or other premises as aforesaid at all times during their
employment;
(g) he shall, where persons of both sexes are employed, cause the latrines for
each sex to be so placed or so screened that the interior is not visible, even
when the door of any latrine is open, from any place where persons of the
other sex have to work or pass; and, if the latrines for one sex adjoin those
for the other sex, the approaches shall be separate;
(h) he shall, when so required by the local authority, cause every latrine which
is used at night to be provided with adequate lights kept lighted during the
night.
(2) If it appears to the local authority that the provisions of this Rule have not been
complied with in regard to any factory, workshop, workplace or other premises where
persons are employed or in attendance, the local authority shall serve a written notice
upon the owner or occupier of such factory, workshop, workplace or other premises as
aforesaid requiring such owner or occupier, within a time specified in such notice, to
provide proper and sufficient latrine accommodation in accordance with this rule, and any
such owner or occupier who fails to comply with the requirements of any such notice
which has been served upon him, and that within the time specified, shall be guilty of an
offence.
86. Latrines for hotels, boarding-houses, theatres, public halls, etc.
(1) The owner or occupier of every hotel, boarding-house, church or place of public
worship, theatre, public hall or public place of assembly for persons admitted by ticket or
otherwise shall provide such hotel, boarding-house, church or place of public worship,
theatre, public hall or public place of assembly as aforesaid with proper and sufficient
latrine accommodation, regard being had to the number of persons for whom
accommodation is or is to be provided in such hotel, boarding-house, church or place of
CAP. 242 [Rev. 2012]
Public Health
[Subsidiary]
[Issue 1] 170
public worship, theatre, public hall or public place of assembly as aforesaid and with
proper separate accommodation for persons of each sex, and such owner or occupier
shall, in the provision and maintenance of such latrine accommodation, comply with the
following requirements—
(a) in hotels and boarding-houses—
(i) he shall provide one water-closet for females for every 40 persons
who are or are to be accommodated therein, or one pail-closet for
females for every 30 persons who are or are to be accommodated
therein;
(ii) he shall provide one water-closet for males for every 40 persons who
are or are to be accommodated therein, or one pail-closet for males
for every 30 persons who are or are to be accommodated therein:
Provided that, where the number of persons who are or are to be
accommodated therein exceeds 120 and sufficient urinal
accommodation is also provided for males, it shall be sufficient if
there is one water-closet for males for every 40 persons who are or
are to be so accommodated up to the first 120, and one for every 60
thereafter, or one pail-closet for males for every 30 persons who are
or are to be so accommodated up to the first 120, and one for every
40 thereafter;
(iii) he shall, in calculating the number of latrines required under
paragraphs (i) and (ii) of this subparagraph, reckon any number of
persons less than 30, 40 or 60, as the case may be, as 30, 40 or 60
respectively;
(iv) he shall cause all latrine accommodation to be so arranged and
maintained as to be conveniently accessible at all times to all persons
who are accommodated in such hotel or boarding-house:
Provided that, in any case where any hotel or boarding-house is used
or intended to be used for the accommodation of persons of one sex
only, he shall provide such hotel or boarding-house with twice the
number of latrines specified in paragraphs (a) and (b);
(b) in churches or places of public worship, he shall provide such latrine
accommodation as the local authority may require;
(c) in theatres, public halls, or public places of assembly as aforesaid—
(i) he shall provide one water-closet for females for every 200 persons
who are or are to be accommodated therein, or one pail-closet for
females for every 150 persons who are or are to be accommodated
therein;
(ii) he shall provide one water-closet for males for every 200 persons
who are or are to be accommodated therein or one pail-closet for
males for every 150 persons who are or are to be accommodated
therein:
Provided that, where the number of persons who are or are to be
accommodated therein exceeds 150, he shall also provide proper
and sufficient urinal accommodation for males in addition to any such
water-closet as aforesaid;
(iii) he shall, in calculating the number of latrines required under
subparagraphs (i) and (ii), reckon any number of persons less than
150 or 200, as the case may be, as 150 or 200 respectively;
(iv) he shall cause all latrine accommodation to be so arranged and
maintained as to be conveniently accessible to all persons
[Rev. 2012] CAP. 242
Public Health
[Subsidiary]
171 [Issue 1]
accommodated in such theatre, public hall or public place of
assembly as aforesaid, at all times during which they are so
accommodated:
Provided that, notwithstanding anything contained in
subparagraphs (i) and (ii), in the case of race meetings, shows or
extraordinary gathering, it shall be lawful for the local authority to
require such latrine accommodation in excess of the provision
specified in those paragraphs, as the local authority may consider
necessary;
(d) in hotels, boarding houses, churches or places of public worship, theatres,
public halls or public places of assembly as aforesaid—
(i) he shall cause every latrine to be kept in a cleanly state;
(ii) he shall cause every latrine to be under cover and so partitioned off
as to secure privacy, and in the case of any water-closet or plain-
closet to have proper doors and fastenings;
(iii) he shall cause the latrines for each sex to be so placed or so
screened that the interior is not visible, even when the door of any
latrine is open, from any place where persons of the other sex have
to or are permitted to pass; and, if the latrines for one sex adjoin
those for the other sex, the approaches shall be separate;
(iv) he shall, when so required by the local authority, cause every latrine
which is used at night to be provided with adequate lights kept lighted
during the night.
(2) If it appears to the local authority that the provisions of this rule have not been
complied with in regard to any hotel, boarding-house, church, place of public worship,
theatre, public hall or public place of assembly as aforesaid, the local authority shall serve
a written notice upon the owner or occupier of such hotel, boarding-house, church, place
of public worship, theatre, public hall or public place of assembly as aforesaid requiring
such owner or occupier, within a time specified in such notice, to provide proper and
sufficient latrine accommodation in accordance with this rule, and any such owner or
occupier who fails to comply with the requirements of any such notice which has been
served upon him, and that within the time specified, shall be guilty of an offence.
87. Temporary latrines for workmen
Every contractor, builder or other person employing workmen for the demolition,
construction, reconstruction or alteration of any building or other work in any way
connected with a building shall, when so required by the local authority, provide in an
approved position, and thereafter maintain for such time as workmen are engaged
thereon, sufficient and convenient latrine accommodation for such workmen.
88. Latrines for different races
(1) Notwithstanding anything contained in rules 83, 84, 85, 86 and 87, where on any
premises persons of different races are or are to be employed, accommodated or in
attendance, it shall be lawful for the local authority to require proper, separate and
sufficient latrine accommodation to be provided for the sole use of persons of each race,
so situated as to be conveniently accessible to such persons.
(2) Such separate latrine accommodation which may lawfully be required by the local
authority to be provided shall be in accordance with the standards laid down in rules 85
and 86, as the case may be.
(3) For the purposes of this Rule, unless specially exempted by the local authority and
subject to such conditions as it may impose, in the case of any premises the whole or any
part or portion of which is used as one or more dwelling-houses the owner or occupier of
CAP. 242 [Rev. 2012]
Public Health
[Subsidiary]
[Issue 1] 172
such premises shall not be deemed to have provided proper, sufficient and separate
latrine accommodation for the sole use of persons of each race unless has been provided
for each dwelling-house.
(4) If it appears to the local authority that the provisions of this Rule have not been
complied with in regard to any premises on which persons of different races are
employed, accommodated or in attendance, the local authority shall serve a written notice
upon the owner or occupier of such premises requiring such owner or occupier, within a
time specified in such notice, to provide proper and sufficient latrine accommodation for
the sole use of persons of each race in accordance with this Rule, and any such owner or
occupier who fails to comply with the requirements of any such notice which has been
served upon him, and that within the time specified, shall be guilty of an offence.
89. Improper use of latrines used in common
With respect to any latrine used in common by the occupiers of two or more separate
dwelling-houses, domestic buildings or premises, or by other persons, if any such person
injures or improperly fouls such latrine or anything used in common therewith, he shall be
guilty of an offence.
90. Improper use of public latrines
Any person who injures or makes improper or unclean use of any public latrine or a
latrine provided in connexion with any church or place of public worship, theatre, public
hall or other public place of assembly shall be guilty of an offence.
91. No latrine other than water-closet to be constructed within 200 feet of sewer
(1) No person shall construct a latrine in connexion with a building, other than a water-
closet or a urinal, where any part of the site of such latrine or such building is within 200
feet of a sewer belonging to the local authority which is at a suitable level, and where
there is sufficient water supply.
(2) Any person who constructs a latrine so as to contravene any of the provisions of
this Rule shall be guilty of an offence, and the local authority may demolish and remove
such latrine, and may recover from such person as a civil debt recoverable summarily the
cost incurred in demolishing and removing the same.
92. No latrine other than water-closet or urinal inside dwelling
No person shall provide, construct, fix, retain or use any latrine other than a water-
closet or a urinal inside or under the same roof as any dwelling-house, and any person
who provides, constructs, fixes, retains or uses any such latrine so as to contravene the
provisions of this rule shall be guilty of an offence.
93. Latrines other than water-closets and urinals to be protected against flies
Every person who erects any latrine, not being a water-closet or a urinal, in connexion
with a building shall cause all reasonably practical measures to be used to prevent flies
gaining access to the apartment of such latrine, and any person who, in the erection of
any such latrine, fails to comply with the provisions of this rule shall be guilty of an offence.
94. Local authority to enforce protection of latrines against flies
If it appears to the local authority that all reasonably practical measures have not been
or are not being used to prevent flies gaining access to the apartment of any latrine, such
latrine not being a water-closet or a urinal, the local authority shall serve a written notice
upon the owner of such latrine requiring him, within a reasonable time to be specified in
such notice, to carry out such reasonably practical works as may be necessary to prevent
[Rev. 2012] CAP. 242
Public Health
[Subsidiary]
173 [Issue 1]
flies gaining access to the apartment of such latrine, and any owner who, on receipt of
such notice, fails to comply with the requirements of such notice, and that within the time
specified, shall be guilty of an offence.
Pail-Closets
95. Requirements as to pail-closets
Every person who constructs or provides a pail-closet in connexion with a building
shall, in the construction and provision of such pail-closet, comply with the following
requirements—
Distance of pail-closets from kitchens
(a) he shall not construct or provide such pail-closet within ten feet of any
kitchen;
Pail-closets to be away from dwelling-house
(b) he shall not construct or provide such pail-closet within any part of a
dwelling-house or under the same roof as any dwelling-house, but shall
construct such pail-closet so that the entrance opens directly on to the
external air, and so that on any side on which it would abut on any part of a
dwelling-house it is separated from such dwelling-house by a solid wall or
partition of brick, stone or concrete or other suitable materials extending the
entire height from the floor to the ceiling;
Pail-closet not to open on to certain rooms
(c) he shall not construct or provide such pail-closet so that it is approached
directly from any room used for the manufacture, preparation, storage or
sale of food for man, or used as a factory, workshop, workplace or public
building, but shall construct or provide such pail-closet so that on any side
on which it would abut on a room intended for the manufacture, preparation,
storage or sale of food for man, or used a factory, workshop, workplace or
public building it is enclosed by a solid wall or partition of brick, stone,
concrete or other suitable materials, extending the entire height from the
floor to the ceiling;
Ventilation lobby for pail-closets in buildings
(d) where the entrance to such pail-closet does not open directly into the
external air, he shall cause such pail-closet to be entirely separated and cut
off from any room used for the manufacture, preparation, storage or sale of
food for man, or used as a factory, workshop, workplace or public building,
by means of a passage or lobby provided with a window of not less
dimensions than two square feet, exclusive of the frame, and opening
directly into the external air; and such passage or lobby, in addition to such
window, shall also be provided with adequate means of constant ventilation
by at least one ventilating aperture, of not less dimensions than 144 square
inches, exclusive of any frame, built in an external wall of such passage or
lobby;
Pail-closets to be lighted and ventilated, and protected against flies
(e) he shall, whether the situation of such pail-closets is or is not within such
building, construct in one of the external walls of such pail-closet an opening
for light and ventilation of not less dimensions than two square feet, situated
as near to the top of such pail-closet as convenient and communicating
directly with the external air, which opening shall be properly and efficiently
covered with fly-proof gauze so as to prevent the entrance of flies;
CAP. 242 [Rev. 2012]
Public Health
[Subsidiary]
[Issue 1] 174
Siting of pail-closets
(f) he shall construct or provide such pail-closet in such a position, if
practicable, as to back on a sanitary lane, and in such a manner and in such
a position as to afford ready means of access to such pail-closet, for the
purpose of cleaning the same and of removing filth therefrom, and in such a
manner and in such a position as to admit of all filth being removed from
such pail-closet, and from the premises to which it may belong, without
being carried through any domestic building or public building;
Pail-closets to be built in accordance with a standard design
(g) he shall not construct or provide such pail-closet otherwise than in
accordance with a standard pattern approved by the local authority or with
plans and specification submitted to and approved by the local authority.
Pit-Closets
96. Pit-closets not to be constructed without permit from local authority
No person shall construct or provide latrine accommodation of the kind known as a pit-
closet or latrine accommodation situated over any hole or excavation in the ground which
hole or excavation is intended for the reception of human excreta, except where, in the
opinion of the local authority, the site of such proposed accommodation and the character
of the soil are in every respect suitable and satisfactory for such a purpose, and the local
authority has signified its approval thereof in writing, and then only subject to such
conditions as the local authority may prescribe.
Miscellaneous
97. Notices may be printed or written
Notices and other documents under these Rules may be in writing or in print, or partly
in writing and partly in print, and, if the same require authentication by the local authority,
the town engineer or the medical officer of health, the signature thereof respectively by the
town clerk, town engineer, medical officer of health, sanitary inspector or District
Commissioner, as the case may be, shall be sufficient authentication.
98. Service of notices
Notices and other documents required or authorized to be served under these Rules
may be served by delivering the same to or at the residence of the person to whom they
are respectively addressed, or where addressed to the owner or occupier of premises by
delivering the same, or a true copy thereof, to some person on the premises, or, if there is
no person on the premises who can be served, by fixing the same on some conspicuous
part of the premises; they may also be served by post by a prepaid letter, and if served by
post shall prima facie be deemed to have been served at the time when the letter
containing the same would be delivered in the ordinary course of post, and in proving such
service it shall be sufficient to prove that the notice or other document was properly
addressed and put in the post.
99. Defect in form not to invalidate notices
No defect in the form of any notice or other document made under these Rules shall
invalidate or render unlawful the administrative action, or be a ground for exception to any
legal proceedings, which may be taken in the matter to which such notice or other
document relates, provided the requirements thereof are substantially and intelligibly set
forth.
[Rev. 2012] CAP. 242
Public Health
[Subsidiary]
175 [Issue 1]
100. Penalties
Any person who is guilty of an offence under, or convention of, or default in complying
with, any provision of these Rules shall be liable on conviction to a fine not exceeding five
hundred shillings, and if the offence, contravention or default is of a continuing nature to a
further fine not exceeding sixty shillings for each day during which he makes default.
FIRST SCHEDULE
[Rule 50.]
REQUIREMENTS REGARDING WATER-CLOSETS
STANDARD TEST
1. Trap to be properly filled with water. Coloured fluid to poured into trap. Basin to be
soiled with plumbers’ soil or liquid mud. Flush.
Basin must be so cleared as to leave water in basin clear and clean at the completion
of one flush.
2. Trap to be properly filled with water. Four pieces of potato or apple to be placed in the
trap, none of which shall exceed two inches in diameter. A piece of cotton waste, sponge
or cloth to be placed in the trap, not to exceed two inches in diameter; also three pieces of
toilet paper, crumpled up, to be placed in the trap, and toilet paper be placed over water
surface and around sides of basin. Flush.
Basin must be completely cleared of all solids by one flush.
SECOND SCHEDULE
[Rule 77.]
OFFICES OF THE LOCAL AUTHORITY,
.............................................................................
.............................................................................
........................................................ , 20 ..............
PLUMBER’S LICENCE
PUBLIC HEALTH (DRAINAGE AND LATRINE) RULES
Licence No. ..........................................
Mr. ........................................................................ , of ..................................................................... .
is hereby licensed as a plumber under the Public Health (Drainage and Latrine) Rules, and is
entitled to carry out any plumbing work in connexion with the construction, fixing, laying, repair or
removal of pipes, valves, traps, drains or other apparatus or appliance connected with the drainage
of any premises, but not to construct or lay any stoneware drain, inspection chamber, cesspool,
septic tank, sewage filter installation or other works for the treatment or disposal of sewage.
.............................................................................
Local Authority
OFFICES OF THE LOCAL AUTHORITY,
.............................................................................
........................................................ , 20 ..............
CAP. 242 [Rev. 2012]
Public Health
[Subsidiary]
[Issue 1] 176
SECOND SCHEDULE—continued
DRAIN LAYER’S LICENCE
PUBLIC HEALTH (DRAINAGE AND LATRINE) RULES
Licence No. ..........................................
Mr. ........................................................................ , of ......................................................................
is hereby licensed as a drainlayer under the Public Health (Drainage and Latrine) Rules, and is
entitled to construct or lay any stoneware drain, inspection chamber, cesspool, septic tank, sewage
filter installation or other works for the treatment or disposal of sewage, but not in any way to
perform the work of a plumber.
.............................................................................
Local Authority
[Rev. 2012] CAP. 242
Public Health
[Subsidiary]
177 [Issue 1]
APPLICATION OF THE ABOVE RULES UNDER RULE 2
[Cap. 130 of (1948), Sub. Leg. G.N. 196/1951, G.N. 728/1951, G.N. 1113/1951, G.N. 1358/1951,
G.N. 136/1952, G.N. 187/1952, G.N. 350/1952, L.N. 99/1956, L.N. 506/1957, L.N. 514/1957, L.N.
519/1957, L.N. 87/1958, L.N. 111/1958, L.N. 245/1958, L.N. 63/1959, L.N. 127/1959, L.N. 483/1959,
L.N. 150/1960, L.N. 463/1960, L.N. 464/1960, L.N. 600/1962, L.N. 244/1963.]
The whole of the Public Health (Drainage and Latrine) Rules have been applied to the
following areas—
Kisumu Municipality.
[Cap. 130 of (1948), Sub. Leg. G.N. 187/1952.]
Eldoret Municipality.
Nakuru Municipality.
Nyeri Township.
[G.N. 728/1951, L.N. 483/1959.]
Nanyuki Township.
[G.N. 1358/1951, L.N. 483/1959.]
Malindi Township.
[G.N. 1113/1951.]
Voi Township.
[L.N. 99/1956, L.N. 111/1958.]
Thomson’s Falls Township.
[G.N. 136/1952, L.N. 506/1957.]
Kitale Municipality.
[L.N. 519/1957.]
Kabarnet Township.
[L.N. 63/1959.]
Karatina Township.
[L.N. 150/1960.]
The following part of the district of the Kiambu African District Council, namely the area
vested in the East African Railways and Harbours Administration, known as the Limuru
Siding and Godown Plots, comprising plots L.R. Nos. 7882/1-8.
[L.N. 463/1960.]
The district of the Naivasha Urban District Council.
[L.N. 464/1960.]
That part of the district of the Gilgil Rural and Urban Council which comprises Gilgil
Township.
[L.N. 464/1960.]
That part of the Ol Kalou Rural and Urban Council which comprises Ol Kalou
Township.
[L.N. 464/1960.]
City Council of Nairobi.
[L.N. 600/1962.]
Embu Township.
[L.N. 244/1963.]
CAP. 242 [Rev. 2012]
Public Health
[Subsidiary]
[Issue 1] 178
The following provisions of the Public Health (Drainage and Latrine) Rules have been
applied to the following areas—
Kakamega Township: all except rules 77 to 82.
[Cap. 130 of (1948), Sub. Leg.]
Kisii Township: all except rules 18, 24 and 77 to 82.
[G.N. 196/1951.]
Kericho Township: all except rules 77 to 82.
[G.N. 350/1952.]
All townships and trading centres within the County of Nakuru, and the
Lanet Planning Area: all except rules 77 to 82.
[L.N. 514/1957.]
Bungoma Township: all except rules 77 to 82.
[L.N. 87/1958.]
Ngong Township: all except rules 77 to 82.
[L.N. 245/1958.]
Kiambu Township: all except rules 77 to 82.
[L.N. 127/1959.]
Limuru Township: all except rules 77 to 82.
[L.N. 127/1959.]
[Rev. 2012] CAP. 242
Public Health
[Subsidiary]
179 [Issue 1]
PUBLIC HEALTH (KISUMU DENSITY OF DWELLINGS) RULES
[Cap. 130 of (1948), Sub. Leg.]
1. These Rules may be cited as the Public Health (Kisumu Density of Dwellings) Rules,
and shall apply to the Municipality of Kisumu.
2. In these Rules, unless the context otherwise requires—
“dwelling” means any house, room, shed, hut, cave, tent, vehicle, vessel or boat,
or any other structure or place whatsoever, any portion whereof is used by any human
being for sleeping or in which any human being dwells;
“dwelling-house” means a building or any part or portion of a building used or
constructed, adapted or designed to be used for human habitation, as a separate
tenancy, or by one family only, whether detached, semi-detached or separated by
party walls or by floors from adjoining buildings, together with such outbuildings as are
reasonably required to be used or enjoyed therewith;
“old bazaar” means and includes that area of the Municipality bounded on the
south-east and east by the Railway boundary, to its junction with Temple Road, thence
along Temple Road to its junction with Junction Road, thence along this road to its
junction with the Railway boundary;
“plot” means any area of land being the subject of a separate lease or
conveyance from the Government;
“subplot” means any portion of a plot, such portion being the subject of a
separate registered conveyance, assignment or sublease, and extends also to and
includes any portion of a plot being the subject of a separate sublease or upon which
any building is erected which is wholly in, or is constructed or adapted to be wholly in,
one occupation or is let or adapted to be let to a separate tenant.
3. No person shall erect a building or make any alteration or addition to a building on any
plot or subplot where such plot or subplot or such building as aforesaid, or any building or
part of a building on such plot or subplot, is intended to be used as a dwelling unless at
least half of the said plot or subplot is left unbuilt upon, unless the plot or subplot be so
denuded of buildings that, after erecting such building or making such alterations or
additions to a building as aforesaid, at least half of such plot or subplot shall be left unbuilt
upon.
4. No person shall use or, being the owner thereof, permit to be used any plot or subplot
or any building or part of a building on any plot or subplot as a dwelling where, on the
commencement of these Rules, such plot or subplot or such building or part of a building
as aforesaid was not being used as a dwelling, unless at least half of the said plot or
subplot has been left unbuilt upon or unless the said plot or subplot is so denuded of
buildings that at least half of such plot or subplot is left unbuilt upon.
5. On and after the 1st April, 1929, no person shall use or, being the owner thereof,
permit to be used as a dwelling any plot or subplot or any building or part of a building on
any plot or subplot, in the old bazaar, unless at least half of the said plot or subplot has
been left unbuilt upon or unless the said plot or subplot is so denuded of buildings that at
least half of such plot or subplot is left unbuilt upon.
6. Notwithstanding anything to the contrary contained in rules 3, 4 and 5 in the case of
buildings appearing in the opinion of the superintendent of conservancy to be constructed,
adapted or designed to be used entirely as hotels or residential clubs, the proportion of the
plot or subplot upon which such buildings stand or are to stand which shall be left unbuilt
upon may be reduced to one-third.
CAP. 242 [Rev. 2012]
Public Health
[Subsidiary]
[Issue 1] 180
7. (1) No person shall so erect, add to or alter a building in such a manner that on the
plot or subplot on which such building stands (such plot or subplot being not greater than
one thirty-fifth of an acre) there is more than one dwelling-house, or so that there is any
dwelling-house on any plot or subplot which is of less extent than one thirty-fifth of an
acre, or so that the number of dwelling-houses over the whole area of such plot or subplot
exceeds the number yielded by a ratio of thirty-five dwelling-houses to one acre.
(2) In determining the number of dwelling-houses which shall be permitted upon any
plot or subplot in accordance with the foregoing provisions, no regard shall be had to any
open spaces, streets or passages reserved or agreed to be reserved and abutting upon or
in the vicinity of such plot or subplot.
(3) Nothing contained herein shall be deemed to apply to any building which, in the
opinion of the superintendent of conservancy, is constructed, adapted or designed to be
used as a hotel or residential club, and which in his opinion is unlikely, on account of the
manner in which it may be used, to become a menace either to the health of the
inhabitants thereof or of the community.
8. No person shall so erect, add to or alter a building intended, adapted or designed to
be used wholly or partially for human habitation that any portion thereof which constitutes
a dwelling-house is without separate and independent access to a street, such street not
being a sanitary lane or a passage.
9. No person shall erect a building intended, adapted or designed to be used wholly or
partially for human habitation on any plot or subplot which has not a frontage of at least
fourteen feet upon a street, such street not being a sanitary lane or a passage.
10. The superintendent of conservancy shall have powers in every case to determine
whether any street is a sanitary lane or a passage, and his decision shall be final, but no
street measuring forty feet or more in width shall in any circumstances be deemed to be a
sanitary lane or a passage.
11. Any person guilty of an offence against, or contravention of, or default in complying
with, any of the provisions of these Rules shall be guilty of an offence, and liable to a fine
not exceeding five hundred shillings, and, if the offence, contravention or default is of a
continuing nature, to a further fine not exceeding sixty shillings for each day during which
he makes default.
[Rev. 2012] CAP. 242
Public Health
[Subsidiary]
181 [Issue 1]
PUBLIC HEALTH (MOMBASA STORAGE OF HIDES AND SKINS) RULES
[Cap. 130 of (1948), Sub. Leg.]
1. These Rules may be cited as the Public Health (Mombasa Storage of Hides and
Skins) Rules, and shall apply to the Municipality of Mombasa.
2. In these Rules—
“hides and skins” means the hide or skin of any animal which, in the opinion of
the local authority, is in such a state or condition as to be likely to give rise to any
noxious or offensive smell;
“hide and skin godown” means any building or part of a building used, or
constructed, adapted or designed to be used, for the storage, preparation, examination
or packing of hides or skins or both, or in any part of which any hide or skin or both are
dealt with in any manner;
“hide and skin godown area” means that area on the west side of Mombasa
Island included within the boundaries as follows: from high-water mark at the NW.
corner of plot 23 section III southerly along the western and south-western boundaries
of plot 23 section III to the junction of Hobley and Makupa Roads at survey
beacon 17F; thence southerly through beacon 31 on the southern boundary of plot 80
section II to beacon B88 on the southern boundary of plot 74 of section II, thence
through the north-west corner of plot 60 of section II, along the western boundaries of
plots 60 and 103 of section II and along the southern boundary of plot 103 of section II
to survey beacon B84; then southerly through plot 98 of section II and through survey
traverse beacon 570 to survey beacon URL on the southern boundary of plot 271 of
section II; thence through the NE. corner of plot 38 of section II in a southerly direction
along the western boundary Sheriffbhai Street to its junction with the Kilindini Road;
thence westerly along the northern boundary of Kilindini Road to the SW. corner of plot
57 of section I; thence along a straight line running due west to high-water mark in
Kilindini Harbour and thence northerly along high-water mark to the NW. corner of plot
23 section III, the point of commencement.
3. No person shall erect any building intended, adapted or designed to be used as a hide
and skin godown in any part of the Municipality of Mombasa except in the hide and skin
godown area; and no person shall use any existing building or part of an existing building
in the Municipality of Mombasa as a hide and skin godown unless such building or part of
a building is situated in the hide and skin godown area:
Provided that, subject to the provisions of rules 4, 5, 6 and 7, the provisions of this
rule shall not apply to the use of an existing building or part of an existing building as a
hide and skin godown where such building or part of a building, although not situated in
the hide and skin godown area, is in use as a hide and skin godown at the
commencement of these Rules.
4. (1) Where, at the commencement of these Rules, any existing building or part of an
existing building, not situated in the hide and skin godown area, is in use as a hide and
skin godown, the owner of such building or part of a building or the person using such
building or part of a building as a hide and skin godown may, within a period of thirty
days from the commencement of these Rules, make written application to the District
Commissioner for a certificate of registration in respect of such premises as a hide and
skin godown, whereupon the District Commissioner shall issue a certificate of registration
in respect of such premises as a hide and skin godown.
CAP. 242 [Rev. 2012]
Public Health
[Subsidiary]
[Issue 1] 182
(2) The District Commissioner, on the expiration of such period, may, in his discretion,
refuse to register any such premises as aforesaid as a hide and skin godown where
application for a certificate of registration as a hide and skin godown in respect of such
premises has not been made within such period.
5. No certificate of registration as a hide and skin godown in respect of any such
premises as are described in paragraph (1) of rule 4 shall be issued unless and until a
certificate in writing has been issued by the local authority that it has no objection.
6. Every certificate of registration as a hide and skin godown issued in respect of any
premises not situated within the hide and skin godown area shall be for a period of six
months only, and a fee of two shillings shall be paid to the District Commissioner in
respect of every such certificate of registration issued.
7. No person shall use any building or part of a building not situated within the hide and
skin godown area as a hide and skin godown unless and until a current certificate of
registration as a hide and skin godown in respect of such premises has been issued by
the District Commissioner.
8. Any person who uses any building or part of a building as a hide and skin godown so
as to contravene any of the provisions of these Rules shall be guilty of an offence and
liable to a fine not exceeding five hundred shillings and, if a continuing offence, to a daily
fine not exceeding forty shillings for each day during which the offence continues.
[Rev. 2012] CAP. 242
Public Health
[Subsidiary]
183 [Issue 1]
PUBLIC HEALTH (KISUMU STORAGE OF HIDES AND SKINS) RULES
[Cap. 130 of (1948), Sub. Leg.]
1. These Rules may be cited as the Public Health (Kisumu Storage of Hides and Skins)
Rules, and shall apply to the Municipality of Kisumu.
2. In these Rules—
“hides and skins” means the hide or skin of any animal whatsoever;
“hides and skins godown” means any building or part of a building used, or
adapted, or designed to be used, for the storage, examination or packing of dry hides
and skins;
“hides and skins godown area” means and includes that area in Kisumu
Municipality north-west of the Indian Bazaar, Section LXVIII, Plots No. 1 to No. 18 on
Land Office Plan No. 24699, and also Section LV/I B.E.A. Corporation Ginnery site
and Section LV/II, both on Plan No. 24699.
3. No person shall erect any building intended, adapted or designed to be used as a
hides and skins godown in any part of the Municipality of Kisumu, except in the hides and
skins godown area; and no person shall adapt any existing building or part of a building in
the Municipality of Kisumu as a hides and skins godown unless such building or part of a
building is situated in the hides and skins godown area.
4. After the expiry of a period of twelve months from the sale or the offering for sale of
any or all of the plots in the hides and skins godown area, no person shall use any
building or part of a building as a hides and skins godown unless such building or part
thereof is situated in the hides and skins godown area.
5. Any person who contravenes any of the provisions of these Rules shall be guilty of an
offence and liable to a fine not exceeding five hundred shillings and, if a continuing
offence, to a daily fine not exceeding forty shillings for each day during which the offence
continues.
[Rev. 2012] CAP. 242
Public Health
[Subsidiary]
185 [Issue 1]
PUBLIC HEALTH (TENTS AND CARAVAN SITES) RULES, 1960
[L.N. 128/1960, L.N. 484/1962.]
1. These Rules may be cited as the Public Health (Tents and Caravan Sites) Rules,
1960, and shall apply to such areas as the Minister may, by notice in the Gazette, direct.
2. In these Rules, unless the context otherwise requires—
“occupier”, in relation to a tent or caravan, includes any person who for the time
being is in charge thereof;
“offensive matter” includes both liquids and solids;
“owner”, in relation to land, includes any person or agent acting on his behalf for
the time being in direct control of the site whether he lives on the site or not;
“owner”, in relation to a tent or caravan, means the person who owns the tent or
caravan and includes any person or agent acting on his behalf.
3. (1) No tent shall be pitched, and no caravan shall be parked, for human habitation on
any land unless the owner of the land is the holder of a licence issued under these Rules
by the local authority after approval of suitable plans submitted by the owner, except in the
case of a single tent pitched, or a single caravan parked, for human habitation on a plot
containing a dwelling-house where—
(a) the owner of the land has notified the local authority of such pitching and
parking; and
(b) the length of time during which any tent is pitched or caravan parked for
habitation anywhere within the plot does not exceed a total of thirty days in
any one year.
(2) Where any tent is pitched or caravan parked for human habitation on any land in
contravention of paragraph (1), the owner of the land and the owner of the tent or caravan
shall each be guilty of an offence.
4. Every application for a licence under these Rules shall be in such form as the local
authority may require, and shall be accompanied by suitable plans submitted by the owner
of the land showing the situation in which it is proposed to pitch each tent and park each
caravan, details of the facilities which it is intended to provide under these Rules and such
other particulars as the local authority may require, and except with the written permission
of the local authority no tent may be pitched and no caravan parked for human habitation
otherwise than as shown in the plan submitted under this rule and approved by the local
authority.
5. Before applying for a licence, the owner shall advertise his intention so to apply, giving
such particulars as will enable neighbouring occupiers to ascertain whether they will be
affected by the proposal to which the application relates, in at least one newspaper
circulating in the area and in any other publication which the local authority may
determine, and the local authority shall give reasonable opportunity to all persons affected
by the proposal, to raise objections thereto, and, in deciding whether to issue a licence,
the local authority shall have regard to all objections made.
6. The local authority shall refuse a licence if—
(a) the proposed site is not adequately drained;
(b) the proposed site is unsuitable for tents or caravans;
(c) the proposal would be contrary to the planning or proposed planning of the
area;
CAP. 242 [Rev. 2012]
Public Health
[Subsidiary]
[Issue 1] 186
(d) there are in the opinion of the local authority already sufficient suitable sites
existing and licensed in the area;
(e) the local authority is not satisfied that the applicant intends or is able fully to
discharge his obligations under these Rules;
(f) the local authority is not satisfied that the applicant has provided adequate
sanitary facilities, water supply and ablution arrangements on the land;
(g) the local authority is of the opinion that, in view of the objections of persons
affected by the proposal, the application should not be granted;
(h) the site has not been approved under any law for the time being relating to
town and country planning.
[L.N. 484/1962, r. 2.]
7. (1) Licence shall be valid for a period of one year, and shall be in such form as the
local authority may decide.
(2) Licences may be renewed from time to time by the local authority if it is satisfied
that the licensee has observed the provisions of these Rules.
(3) A fee of ten shillings shall be charged by the local authority for every licence
issued and for every renewal thereof.
8. The local authority may, at any time on giving not less than forty-eight hours’ notice
thereof to the owner of the land, revoke a licence if it is satisfied that the provisions of
these Rules are not being observed, without prejudice to any prosecution for an offence
under these Rules.
9. (1) No tent shall be pitched, and no caravan shall be parked, for human habitation, so
that—
(a) the area of land surrounding the tent or caravan (including the land on
which it stands) and available for the exclusive use of the occupier of the
tent or caravan is less than one-twentieth of an acre;
(b) any two tents or caravans or any tent and caravan are less than twenty feet
apart; or
(c) any tent or caravan is less than twenty feet distant from the boundary of the
plot.
(2) The owner of any land on which a tent is pitched or a caravan parked for human
habitation in contravention of paragraph (1) of this rule shall be guilty of an offence.
10. (1) The occupier of a tent or caravan used for human habitation shall whenever it is
so used—
(a) cause all offensive matter to be removed therefrom at least once a day;
(b) cause every vessel, utensil or other receptacle used for holding or removing
any offensive matter to be cleansed immediately after it is emptied;
(c) not deposit or cause to be deposited any offensive matter within forty feet of
the tent or caravan or of any dwelling-house except in a proper receptacle,
pit or trench provided for that purpose and within the area in respect of
which a licence under these Rules has been issued;
(d) not deposit or cause to be deposited any offensive matter or any litter or
rubbish in any place so as to cause a nuisance or annoyance;
(e) deposit all refuse or litter in a suitable covered receptacle or place which he
shall provide for that purpose;
(f) keep in a wholesome condition any sanitary accommodation provided;
[Rev. 2012] CAP. 242
Public Health
[Subsidiary]
187 [Issue 1]
(g) cause its floor and internal surface to be cleaned as often as may be
necessary having regard to their nature.
(2) Any person who contravenes any of the provisions of paragraph (1) of this rule
shall be guilty of an offence.
11. (1) The owner or occupier of any tent or caravan used for human habitation and the
owner of the land who is aware that any inhabitant thereof is suffering from any infectious
disease shall report such disease to the medical officer of health of the area and shall take
all the precautions ordered by the medical officer of health for preventing the spread of
disease.
(2) Any person who contravenes the provisions of paragraph (1) shall be guilty of an
offence.
12. (1) The owner of a tent or caravan used for human habitation shall to the satisfaction
of the medical officer of health—
(a) provide it with suitable dry flooring;
(b) maintain it in good repair and order;
(c) maintain any sanitary accommodation provided in or to such tent or caravan
for the use of the occupants;
(d) keep the tent or caravan in a state of good repair;
(e) keep it reasonably weatherproof;
(f) provide it with adequate means of ventilation;
(g) take all necessary measures to keep the land free from vermin.
(2) Any person who contravenes any of the provisions of paragraph (1) of this rule
shall be guilty of an offence.
13. (1) The owner of a tent or caravan used for human habitation shall, if owing to the
occurrence of any infectious disease the medical officer of health orders the removal of
the tent or caravan from the plot, remove it within forty-eight hours of being ordered to do
so to some other place within the district to which it may lawfully be removed but
nevertheless shall not without the consent of the medical officer of health remove the tent
or caravan from any plot until it has been disinfected or disinfested as may be necessary
to the satisfaction of the medical office of health.
(2) Any person who contravenes any of the provisions of paragraph (1) of this rule
shall be guilty of an offence.
(3) Without prejudice to the prosecution of a person under this Rule, the local authority
may, if the owner fails to remove the tent or caravan within the time prescribed, cause the
tent or caravan to be removed, and may recover from the owner the expense in so doing,
and if the owner is prosecuted for and convicted of an offence under this rule the Court
before which he is convicted may order him to repay such expenses to the local authority.
14. (1) The owner of any tent or caravan which is let furnished shall maintain all fixtures,
fittings, utensils and articles let therewith in a good, clean and hygienic condition to the
satisfaction of the medical officer of health.
(2) Any person who contravenes the provisions of paragraph (1) shall be guilty of an
offence.
15. The owner of any land who allows any tent to be pitched or any caravan to be parked
thereon and to be used shall—
(a) provide on the site, in a suitable situation accessible to all occupiers,
sanitary and ablution accommodation with adequate and suitable piped
water supply, of such extent, situation and type as shall satisfy the medical
officer of health;
CAP. 242 [Rev. 2012]
Public Health
[Subsidiary]
[Issue 1] 188
(b) provide means of disposal of waste water to the satisfaction of the medical
officer of health, where the medical officer of health considers this
necessary having regard to all the circumstances;
(c) provide means for the effective disposal of all refuse to the satisfaction of
the medical officer of health;
(d) provide an adequate supply of water from a source approved by the medical
officer of health, and a supply of potable piped water at a rate of not less
than five gallons per head per day;
(e) provide water stand-pipes connected to piped water supplies in sufficient
numbers and in situations convenient to the occupiers;
(f) provide an adequate and accessible storage receptacle or receptacles for
potable water and keep them in good repair, clean and properly covered to
the satisfaction of the medical officer of health;
(g) keep all ditches, hedgerows and bushes clean of any litter or refuse;
(h) provide and maintain a register of the names and addresses of all persons
occupying tents or caravans on the site and the names and addresses of
the owners of all tents and caravans on the site, and keep such register
open to inspection by any authorized officer of the local authority at all
reasonable times;
(i) provide to the satisfaction of the local authority a means of access to and
from the site;
(j) ensure that no converted bus bodies or similar structures are permitted on
the site, and that all caravans on the site are properly mounted on wheels
and capable of being towed;
(k) not keep or suffer to be kept on such land any animals other than domestic
dogs and cats except with the written permission of the local authority;
(l) provide, to the satisfaction of the medical officer of health, a suitable hard
standing, of impervious material, for each tent or caravan:
Provided that, in the case of a camp established for the temporary use of national or
international organizations of a public nature approved by the Minister in that behalf by
notice in the Gazette, the local authority, on the advice of the medical officer of health,
may waive all or any of the requirements of this Rule.
(2) Any person who contravenes the provisions of paragraph (1) shall be guilty of an
offence against these Rules.
16. Any person who is guilty of an offence under these Rules shall be liable to a fine not
exceeding one thousand shillings and to a further fine not exceeding one hundred shillings
for each day during which he is in default after notice from the medical officer of health or
from the local authority.
[Rev. 2012] CAP. 242
Public Health
[Subsidiary]
189 [Issue 1]
BY-LAWS UNDER SECTION 126A
[L.N. 137/1965, Corr. No. 43/1965.]
These By-laws are not reproduced, since they are of local application. They may be
found in—
City of Nairobi (Building) (Amendment) By-Laws, 1965
[Rev. 2012] CAP. 242
Public Health
[Subsidiary]
191 [Issue 1]
PUBLIC HEALTH (MILK AND DAIRIES) RULES
ARRANGEMENT OF RULES
Rule
1. Citation.
2. Application.
3. Interpretation.
4. Dairies to be registered.
5. Local authority may register dairy outside district.
6. Provisions as to certificates of registration.
7. Application for registration.
8. Form of certificate of registration.
9. Premises to be suitable.
10. Dairy and cowshed requirements.
11. Milk not to be deposited in place where liable to become infected or contaminated.
12. Permitted number of cows to be painted on the doors of cowshed.
13. Dairies not to communicate with bedrooms, etc.
14. Thorough cleanliness to be maintained in dairies.
15. Requirements as to premises.
16. Occurrence of certain diseases in cattle to be notified.
17. Local authority may cancel certificate of registration in certain cases.
18. Milk purveyors to be licensed.
19. Licensed purveyor of milk to carry certificate of licence.
20. Provisions as to certificates of licence.
21. Application for certificate of licence.
22. Form of certificate of licence.
23. Licensed purveyors of milk must report changes as to employment.
24. Purveyor of milk to be healthy.
25. Delivery vehicles.
26. Local authority may cancel certificate of licence in certain cases.
27. Surplus milk from one or two milch cows sold to immediate neighbours.
28. Certain milk not to be sold.
29. Use of infected milk for feeding animals.
30. Infected persons not to enter dairies or handle milk or milk vessels.
31. Outbreak of disease to be notified.
32. Outbreak of sickness attributable to milk.
33. Power to forbid sale or use of milk in certain cases.
34. Milk receptacles to be provided with approved covers.
35. Milk receptacles to be cleaned and of approved pattern.
36. Cleansing of person and clothing whilst handling or conveying milk.
37. Presumption.
38. Revoked.
39. Comparative records of inspections and examinations.
40. Revoked.
CAP. 242 [Rev. 2012]
Public Health
[Subsidiary]
[Issue 1] 192
Rule
41. Offences.
42. Bovines not to be kept within thirty-five feet of a dwelling.
43. Information to be given when required as to place of production of milk.
44. Powers of entry and inspection.
45. Veterinary officer may enter premises and inspect milch cattle.
46. Veterinary officer may require milch cattle to be assembled for inspection.
47. Obstruction of officers.
48. Court may cancel certificate on conviction for offence.
49. General penalty.
50. Local authority may proceed against servant or agent.
51. Rules to apply mutatis mutandis to milk intended for human food other than cow’s
milk.
52. Rules not to apply to hotels, boarding houses, etc.
[Rev. 2012] CAP. 242
Public Health
[Subsidiary]
193 [Issue 1]
PUBLIC HEALTH (MILK AND DAIRIES) RULES
[Cap. 130 of (1948), Sub. Leg. L.N. 260/1956, L.N. 138/1959, L.N. 93/1960, L.N. 294/1979.]
RULES UNDER SECTION 134
1. Citation
These Rules may be cited as the Public Health (Milk and Dairies) Rules.
2. Application
The Minister may, by notice in the Gazette, declare that on and after a specified date
the whole of these Rules, or specified provisions thereof, shall apply to the whole or a
specified part of the district of any local authority (hereinafter referred to as the local
authority).
[L.N. 138/1959, r. 2.]
3. Interpretation
In these Rules—
“common carrier” means any person, including any government railway
administration and any railway company, engaged in the business of transporting for
hire property from place to place by land or inland navigation for all persons
indiscriminately;
“cowshed” means any shed, stable or other premises in which a cow or cows are
kept or accommodated;
“purveyor of milk” means any person, other than the Government, in possession
or occupation of or keeping any dairy, or who sells milk or exposes, deposits or
conveys milk for the purpose of sale, or who delivers milk or causes milk to be
delivered for or in the process of sale, whether on private premises or in any street or
other public place, and whether on his own account or as agent for or servant of any
other
person;
“registered dairy” or “registered premises” means any premises, or part
thereof, in respect of which a certificate of registration of such premises or part thereof
as a dairy has been issued by the local authority;
“registered dairyman” means any person to whom a certificate of registration of
any premises as a dairy has been issued by the local authority;
“sanitary inspector” means a sanitary inspector in the employment of the
Government and appointed by the Director of Medical Services to act as such within
the district of the local authority.
4. Dairies to be registered
(1) No person shall, within the district of the local authority, use any premises as a
dairy unless such premises have been first registered by such local authority as a
registered dairy and unless such person is in possession of a certificate to that effect in
force and current for the time being which has been issued to him by such local authority;
and any person using any premises as a dairy within the district of such local authority
without having the same first registered as such and without being in possession of a
certificate as aforesaid shall be guilty of an offence.
(2) For the purposes of these Rules, the person by whom the business of a dairy is
actually being carried on and supervised on any premises shall be deemed to be the
person using such premises as a dairy.
CAP. 242 [Rev. 2012]
Public Health
[Subsidiary]
[Issue 1] 194
5. Local authority may register dairy outside district
The local authority may, if it thinks fit and subject to the provisions of these Rules,
issue a certificate of registration as a dairy in respect of any premises situate outside its
district, where the person by whom the business of dairy is actually being or is to be
carried on and supervised on such premises makes written application to the local
authority for a certificate of registration of such premises as a dairy:
Provided that every such written application for a certificate of registration as a dairy
of any premises situate outside the district of the local authority shall be accompanied by
the consent in writing of the applicant and of the owner of such premises to the inspection
at all reasonable times by the medical officer of health or a sanitary inspector or any duly
authorized officer of the local authority of such premises, and to be subject to and observe
and comply with such provisions of these Rules and to such other rules and regulations of
the local authority as the local authority on the report of the medical officer of health may
consider necessary.
6. Provisions as to certificates of registration
(1) Every certificate of registration of any premises as a dairy issued under these
Rules shall expire on the 31st December of the year for which it has been granted:
Provided that the local authority issuing such certificate of registration shall have the
option in any case to grant such certificate for a period of six months, which shall be valid
till the 30th June or, if issued after the 30th June, till the 31st December, next following its
date only.
(2) In respect of every certificate of registration of any premises as a dairy issued
under these Rules, a fee shall be payable to the local authority; the fee for a certificate of
registration for a period of six months shall be five shillings and for an annual certificate of
registration ten shillings.
(3) A certificate of registration of any premises as a dairy shall not be issued to any
person other than the person by whom the business of a dairy is actually to be carried on
and supervised upon such premises, and a certificate so issued shall not be transferable
from the person to whom it was issued to any other person without the previous
permission in writing of such local authority, and no such certificate permission shall in any
case be transferable from the premises in respect of which it was granted to any other
premises.
7. Application for registration
Every person desiring a certificate of registration of any premises as a dairy under
these Rules shall make application to the local authority of the district in which such
premises are situate, either in writing or otherwise, and shall supply the following
information on request—
(a) the name, address and occupation of the applicant;
(b) the situation of the premises in respect of which the certificate of registration
is desired;
(c) a full description and particulars of the premises;
(d) any other information required by such local authority or medical officer of
health.
8. Form of certificate of registration
The certificate of registration of any premises as a dairy issued under these Rules
shall be in such as shall from time to time be determined by the local authority, and shall
specify—
(a) the name of the person to whom the certificate of registration is issued;
[Rev. 2012] CAP. 242
Public Health
[Subsidiary]
195 [Issue 1]
(b) the situation of the registered premises;
(c) the number of cowsheds (if any);
(d) the maximum number of cows allowed in each cowshed at any one time;
(e) the date when such certificate of registration expires.
9. Premises to be suitable
No certificate of registration of any premises as a dairy shall be issued by the local
authority to any person unless the premises in respect of which a certificate of registration
is applied for are, in the opinion of the local authority on the report of the medical officer of
health, suitable for the purpose of such registration in respect of drainage, lighting,
ventilation, locality, construction, accommodation and general sanitation, and unless the
requirements of these Rules and all such other regulations, orders or rules as may be
applicable to dairies are complied with in respect of the premises to be used as a dairy:
Provided that notwithstanding anything contained in these Rules it shall be lawful
for the local authority, on the report of the medical officer of health, to relax such
provisions of these Rules as it may deem fit, with respect to premises from which milk is
not supplied otherwise than in receptacles which are properly closed and sealed on
delivery to the premises and which remain properly closes and sealed during the whole
time from their delivery to the premises until their removal by the purchaser.
10. Dairy and cowshed requirements
No certificate of registration of any premises as a dairy under these Rules shall be
issued by the local authority unless the following are provided, and after the issue of such
certificate of registration there shall at all times during the period thereof be provided and
maintained by the registered dairyman—
Ventilation of cowsheds
(a) with respect to any cowshed—
(i) proper and effective ventilation of such cowshed by means of a
sufficient number of ventilating apertures of adequate size and
suitable construction in the proportion of not less than three square
feet of ventilating aperture per animal;
Lighting of cowsheds
(ii) proper and effective lighting of such cowshed in the proportion of
three square feet per animal by means of unobstructed windows,
cap-able of being fully opened, and so placed as to secure proper
lighting of every part of such cowshed;
Air and floor space in cowsheds
(iii) in such cowshed for each animal an air space of not less than five
hundred cubic feet and a floor space of not less than fifty square feet,
and such internal arrangements as ensure that all animals
accommodated therein may be kept in clean and healthy conditions;
Floors of cowsheds
(iv) when so required by the local authority, an impervious floor of cement
concrete, or other equally suitable material, or of stone set in mortar
with joints grouted and flushed level with cement, such floor to be
properly graded to a manure channel, not less than twelve inches
wide and from four to six inches deep, with rounded corners, and with
a fall in the floor of the channel towards the outlet of two inches in
every ten feet;
CAP. 242 [Rev. 2012]
Public Health
[Subsidiary]
[Issue 1] 196
Drainage of cowsheds
(v) when so required by the local authority, for the reception and carrying
off of the liquid manure of such cowshed, a properly trapped gully
fixed outside such cowshed and connected to a public sewer, where
such is available, and where such is not available drain the liquid
manure shall be carried off by a suitable drain or pipe, and
adequately and efficiently disposed of without creating a nuisance
and to the satisfaction of the medical officer of health, the junction of
the manure channel and the said drain or pipe being suitably
protected;
Milking room or enclosure for cowsheds
(vi) when so required by the local authority, a room or suitable enclosure
in which to milk cattle, such room or enclosure to be adequately
protected against dust, to be well lighted and ventilated, to be
provided with an impervious floor suitably graded towards a
satisfactory outlet, and to be adequately and efficiently drained;
Manure receptacle for cowsheds
(vii) when so required by the local authority, a suitable receptacle in which
to deposit manure and other refuse, which shall be at least fifty feet
distant from any milking shed, milk store or place in which milk
vessels or utensils are stored and from any dwelling, such receptacle,
when so required by the local authority, to be effectively protected
against flies;
(b) with respect to all dairies—
Wholesome and adequate water supply for dairies
(i) a wholesome and conveniently accessible water supply in sufficient
quantity for all purposes connected with such dairy, including the
cleansing of all utensils and appliances;
Impervious floor for dairies
(ii) when so required by the local authority, an impervious floor to the
whole or any part of such dairy premises constructed to the
satisfaction of the local authority;
General requirements for dairies
(iii) proper and sufficient lighting and ventilation and proper
accommodation and arrangements for safeguarding the milk and milk
products from contamination by flies, vermin, dust or other impurities;
Storage for milk vessels
(iv) suitable and sufficient accommodation outside any dwelling or
cowshed, stable or other place where animals are accommodated, for
the washing and storing when not in use of all milk receptacles and
dairy utensils;
Sterilizing of milk vessels
(v) suitable apparatus and arrangements for the sterilizing of all bottles,
cans and other receptacles for milk, and dairy utensils;
Store room for milk
(vi) when so required by the local authority, a room, known as a milk
room, to be used solely for the purpose of straining, bottling, canning
or keeping therein milk and clean milk vessels only; such room to be
[Rev. 2012] CAP. 242
Public Health
[Subsidiary]
197 [Issue 1]
adequately protected against dust and effectively protected against
flies, and to be provided with an impervious floor properly graded to a
suitable outlet;
Drainage of dairies
(vii) proper, sufficient and effective drainage of such premises;
Refuse bin to be provided.
(viii) a proper and sufficient refuse bin fitted with a good and efficient lid of
such a pattern and constructed of such materials as meet with the
approval of the local authority;
Accommodation and facilities for persons living or working in dairies
(ix) suitable and sufficient housing, washing and sanitary accommodation
for any person or persons living in or employed on such dairy
premises.
11. Milk not to be deposited in place where liable to become infected or contaminated
No registered dairyman shall, upon his registered premises, deposit, store or keep or
permit to be deposited, stored or kept, any milk intended for sale—
(a) in any room or place where such milk would be liable to become infected or
contaminated by impure air, or by any offensive, noxious or injurious gas,
emanation, exhalation, effluvium or substance;
(b) in any room used as a kitchen or as a living, sleeping or work room;
(c) in any room or building or part of a building communicating directly, by door,
window or otherwise, with any sanitary convenience or urinal, or with any
room used as a sleeping room or in which there may be any person
suffering from any infectious or contagious disease, or which may have
been used by any person suffering from any such disease and which may
not have been properly disinfected thereafter to the satisfaction of the
medical officer of health;
(d) in any room or building or part of a building in which there may be any direct
inlet to any sewer, drain or cesspool;
(e) in any milk vessel not properly covered so as effectually to prevent the
contamination of the milk contained therein; or
(f) in any milk vessel which has not been thoroughly cleansed and sterilized
since the last occasion of use and which is not in a thoroughly clean
condition at the time of use.
12. Permitted number of cows to be painted on the doors of cowshed
In the case of any cowshed connected with a registered dairy, the registered dairyman
shall paint and maintain, or cause to be painted or maintained, on the door or on the
outside wall and close to the door of every cowshed, in legible figures not less than three
inches square, the maximum number of cows permitted by his certificate of registration to
be stabled or accommodated in such cowshed at any one time, and no registered
dairyman shall stable or accommodate or permit to be stabled or accommodated in any
such cowshed on his registered premises any bovine in excess of the maximum number
of cows as specified in his certificate of registration permitted to be stabled or
accommodated in such cowshed.
CAP. 242 [Rev. 2012]
Public Health
[Subsidiary]
[Issue 1] 198
13. Dairies not to communicate with bedrooms, etc.
No dairy shall communicate directly with any bedroom, sanitary convenience or urinal,
and no dairyman shall use or permit to be used such dairy for keeping, storing, purveying
or selling kerosene oil, fish or any other substance which, in the opinion of the medical
officer of health, would be injurious to the milk or milk products.
14. Thorough cleanliness to be maintained in dairies
Every registered dairyman shall, upon his registered premises—
(a) at all times maintain the whole of his registered premises in a thorough state
of cleanliness and ventilation;
(b) cause the floor of every cowshed, and the floor of every room or enclosure
in which milk or milk products are deposited, stored or sold, or in which milk
vessels or utensils are stored, to be thoroughly cleansed before ten o’clock
in the morning of each day and every day;
(c) cause every place and the surroundings thereof where milking takes place
to be kept in a thorough state of cleanliness, and cause adequate
precautions to be taken to prevent contamination of milk by flies, dust or
otherwise;
(d) cause the manure from any cowshed to be removed at least twice in every
twenty-four hours from such cowshed, and cause the manure so removed
from such cowshed to be entirely removed from his registered premises at
least once in every forty-eight hours and suitably disposed of;
(e) cause adequate measures to be taken to prevent liquid manure from
overflowing on to or saturating the ground under or around any cowshed;
(f) cause the ceiling or inner surface of the roof (except a roof constructed of a
material such as to render lime-washing unsuitable), exposed roof-timber,
posts and stalls, and the inner surface of every wall of such dairy, including
any cowshed (excepting so much as may be painted or tarred or covered
with a material such as to render lime-washing unsuitable and as may be
otherwise properly cleansed), to be thoroughly cleansed down and then
lime-washed at least four times in each year, viz., in the months of January,
April, July and October, and at such other time as may be required by the
medical officer of health, and cause all ceilings, walls and ledges of such
premises to be swept down and kept free from dust, dirt and cobwebs at all
times;
(g) cause all vessels, utensils and appliances used in such dairy, including any
cowshed, to be kept in good repair and effectively clean to the satisfaction
of the medical officer of health, and for the latter purposes to be cleaned
and sterilized in accordance with the following provisions, and to be stored
in such manner to remain clean until used—
(i) all vessels, utensils and appliances shall, as soon after use as is
practicable, be thoroughly rinsed and washed with or without
detergents and, before use again, shall be scalded with boiling water
or steam or otherwise effectively cleansed with a chemical agent
approved by the Minister;
(ii) if any agent or detergent has been used for cleansing any vessels for
milk, dairy utensils or appliances, the person using such agent or
detergent shall use all reasonable precautions to remove all trace
thereof from such vessels or milk and dairy utensils, before they are
again brought into contact with milk;
[Rev. 2012] CAP. 242
Public Health
[Subsidiary]
199 [Issue 1]
(h) take all proper and necessary precautions for preventing the infection of
contamination by dust, dirt, flies, vermin, effluvia or otherwise of any milk or
milk product, produced, stored, kept or deposited in such dairy, including
any cowshed.
[L.N. 193/1960, r. 3.]
15. Requirements as to premises
Every registered dairyman shall comply with the following requirements upon his
registered premises—
No sleeping or birds, etc., in dairies or cowsheds
(a) he shall not use or permit to be used any cowshed, or any room or rooms
used or adapted to be used for the keeping or storing of milk, milk products
or milk vessels or utensils, as a sleeping apartment for any human being or
for the accommodation of any poultry, pigeons or other birds, or for any
purposes injurious to the proper preservation of the cleanliness of the
building or of the milk, milk products or milk vessels or utensils therein or in
any manner likely to cause contamination of milk or milk products;
Keeping milk in cowsheds, etc.
(b) he shall not keep or store or permit to be kept or stored any milk or milk
products in any cowshed or stable;
Milk to be removed forthwith
(c) he shall, immediately after the process of milking, forthwith remove or cause
to be removed all milk to a proper milk room or such other room or place as
has been provided and adapted for the storage of milk;
Milk bottles not to be filled in cowsheds, etc.
(d) he shall not fill or permit to be filled in any cowshed, stable or sleeping
apartment any bottle, vessel or container intended for use in distributing or
purveying milk;
Only bovines to be kept in cowsheds
(e) he shall not use or permit to be used any cowshed for the keeping therein of
animals other than bovines, and each bovine, so far as air space is
concerned, shall count as a cow for the purposes of these Rules;
Accommodation to be kept clean
(f) he shall cause all housing, washing and sanitary accommodation provided
for or used by any person or persons living or employed on such dairy
premises to be maintained at all times in a clean and sanitary condition;
No grooming or sweeping during milking
(g) he shall not carry out or permit to be carried out in any cowshed any
grooming or sweeping or any feeding with dusty forage while, or
immediately before, milking is in progress;
No swine to be kept within one hundred feet of a dairy
(h) he shall not keep or permit to be kept any swine within one hundred feet of
any dairy or any cowshed or dwelling upon such registered premises, and
when a swine is kept on the said premises beyond that distance he shall
cause the styes and such other accommodation as may be provided for
such swine to be maintained in a thoroughly clean and sanitary condition,
and the drainage therefrom shall be disposed of in such manner as is
approved by the medical officer of health;
CAP. 242 [Rev. 2012]
Public Health
[Subsidiary]
[Issue 1] 200
Abstract of rules to be exhibited
(i) he shall, if so required by the local authority, affix or cause to be affixed and
maintained in such registered premises in a conspicuous and easily
accessible place a copy of these Rules or any prescribed abstract thereof
which may be supplied to him for that purpose by the local authority;
Grooming of cows, etc.
(j) he shall ensure that all cows kept by him are groomed daily and kept free
from accumulation of manure, mud or other filth;
Hairs on flanks, etc., to be clipped
(k) he shall ensure that the long hairs upon the flanks, udders and tails of all
cows kept by him are clipped and kept short;
Udders to be washed
(l) he shall ensure that the udders and teats of all cows kept by him are
washed clean and dried with a clean cloth immediately before milking, and
that the first stream from each teat is rejected;
Provision for washing hands
(m) he shall provide and keep or cause to be provided and kept at all times on
such registered premises a receptacle for clean water, and also soap and a
nailbrush for the purpose of cleansing the hands of every person employed
or engaged in milking cows, or in handling, conveying or selling milk;
Cleanliness of hands and clothing whilst milking
(n) he shall ensure that every person who milks a cow on such premises
washes his hands with soap and clean water, using a nailbrush,
immediately before commencing to milk such cow, and wears a clean
overall of a type to be approved by the medical officer of health, whilst so
employed, or is clad solely in a pair of clean shorts or trousers;
Cleanliness of hands and clothing whilst handling milk
(o) he shall ensure that every person employed or engaged on such premises
in handling, conveying or selling milk is clean as to his person, hands and
clothing whilst so employed or engaged.
16. Occurrence of certain diseases in cattle to be notified
Every dairyman shall forthwith notify or cause to be notified to the local authority in
respect of any cows or other animals in or on his dairy premises the occurrence recently
or at the time being in any such cow or other animal of any infectious or contagious
disease or any disease of, inflammation of, swelling of or discharge from the udder, or any
general wasting disease.
17. Local authority may cancel certificate of registration in certain cases
(1) If, at any time during the currency of a certificate of registration of any premises as
a dairy issued under these Rules, the sanitary conditions of the premises in respect of
which it has been issued are found to be such as are likely to render the milk liable to
contamination or infection in such a way as to be dangerous to the health of the
consumers, or in the opinion of the medical officer of health of the registered dairyman is
not carrying out any of the provisions of these Rules, the local authority by whom the
certificate of registration of such premises was issued may forthwith cancel such
certificate of registration, and refuse to issue a new certificate until the premises in respect
of which it was issued have been cleansed or placed in good sanitary condition, or until
the provisions of these Rules have been complied with.
[Rev. 2012] CAP. 242
Public Health
[Subsidiary]
201 [Issue 1]
(2) Such local authority may in like manner cancel the certificate of registration if the
milk is purveyed or delivered or distributed or conveyed from such premises in or into the
district of such local authority under conditions which render the milk liable to
contamination or infection, and may refuse to issue a new certificate until such conditions
have been rectified.
(3) Such local authority also may cancel the certificate of registration if the registered
dairyman refuses to allow any duly authorized officer to make an inspection of the
premises at any time during the currency of such certificate of registration, in accordance
with these Rules.
18. Milk purveyors to be licensed
No person shall, within the district of the local authority, carry on or be engaged in the
trade or business of a purveyor of milk without being first licensed as such and in
possession of a certificate to that effect in force and current for the time being from such
local authority, and any person who carries on or is engaged in the trade or business of a
purveyor of milk within the district of the local authority without complying with the
provisions of this rule shall be guilty of an offence:
Provided that, notwithstanding anything contained in these Rules, a person may
convey milk through the district of such local authority without being licensed as aforesaid
where such person proves to the satisfaction of such local authority that the milk so
conveyed is not for sale and not intended for sale within the district of such local authority,
or that he is conveying milk within the district solely in the capacity of a common carrier.
19. Licensed purveyor of milk to carry certificate of licence
(1) Every licensed purveyor of milk shall carry upon his person his certificate of
licence as a purveyor of milk whilst in any manner engaged in his business as a purveyor
of milk, and every licensed purveyor of milk shall, on request being made to him by the
medical officer of health or a sanitary inspector or any duly authorized agent of such
official or any duly authorized officer of the local authority, or any police officer of or above
the rank of Inspector, exhibit to any such officer or agent as aforesaid, for the purpose of
inspection, his certificate of licence as a purveyor of milk.
(2) Every licensed purveyor of milk who fails to carry upon his person his certificate of
licence as aforesaid, or who omits or refuses to exhibit his certificate of licence when
requested as aforesaid, shall be guilty of an offence.
20. Provisions as to certificates of licence
(1) Every certificate of licence issued to any person as a purveyor of milk under these
Rules shall expire on the 31st December of the year for which it has been granted.
(2) A fee of one shilling shall be payable to the local authority in respect of every
certificate of licence as a purveyor of milk issued under these Rules.
(3) No certificate of licence as a purveyor of milk shall in any case be transferable
from the licensee to any other person, and such certificate shall only be valid in the district
of the local authority issuing such certificate of licence.
21. Application for certificate of licence
(1) Every person desiring a certificate of licence as a purveyor of milk under these
Rules shall make personal application to the medical officer of health of the district in
which he intends to carry on the trade or business of a purveyor of milk, and shall supply
the following information on request—
(a) the name, address and occupation of the applicant;
(b) the name and address of the person (if any) by whom he is employed or to
be employed as a purveyor of milk;
CAP. 242 [Rev. 2012]
Public Health
[Subsidiary]
[Issue 1] 202
(c) the source of the applicant’s intended milk supply;
(d) the name and address of the person, if any, from whom the applicant
intends to purchase his milk supply;
(e) any other information required by the medical officer of health.
(2) Every such applicant shall, if so required by the medical officer of health, submit
himself to a medical examination.
22. Form of certificate of licence
The certificate of licence of any person as a purveyor of milk issued under these Rules
shall be in such form as shall from time to time be determined by the local authority, and
shall specify—
(a) the name of the person, including his registration number under the
Registration of Persons Act (Cap. 107) (if any), to whom the certificate of
licence is issued;
(b) the name and address of the person (if any) by whom he is employed or to
be employed as a purveyor of milk;
(c) any endorsement as to change in condition of employment as a purveyor of
milk;
(d) the date when such certificate of licence expires.
23. Licensed purveyors of milk must report changes as to employment
(1) Every licensed purveyor of milk shall, in the event of the occurrence of any of the
following circumstances in the carrying on of his trade or business as a purveyor of milk,
at once report the same to the local authority issuing his certificate of licence—
(a) any change of employer;
(b) any change from the condition of a purveyor of milk as an employee to that
of a purveyor of milk on his own account;
(c) any change from the condition of a purveyor of milk on his own account to
that of a purveyor of milk as an employee.
(2) On the report of any licensed purveyor of milk, to such local authority, of the
occurrence of any of the circumstances as are hereinbefore provided, such local authority
shall cause the certificate of such licensee to be endorsed accordingly, and any licensed
purveyor of milk who fails to report to such local authority the occurrence of any of the
aforesaid circumstances, or who continues to carry on the trade or business of a purveyor
of milk without having his certificate of licence endorsed in accordance with these Rules,
shall be guilty of an offence.
24. Purveyor of milk to be healthy
No certificate of licence of any person as a purveyor of milk shall be issued by the local
authority to any person where the medical officer of health has certified in writing that the
applicant for such a certificate is not a fit and suitable person, on medical grounds, to be
engaged in the trade or business of a purveyor of milk, or where such applicant has
refused to submit himself for medical examination when so required by the medical officer
of health.
25. Delivery vehicles
Every licensed purveyor of milk who himself or by his servant sells or distributes or
delivers for sale or in the process of sale milk from any vehicle or any carrier shall have
conspicuously inscribed on such vehicle or carrier his name and address, and he shall
[Rev. 2012] CAP. 242
Public Health
[Subsidiary]
203 [Issue 1]
further cause such vehicle or carrier to be kept in a thoroughly clean condition, and shall
not use it or permit it to be used for any purpose which may lead to the contamination or
infection of the milk carried or conveyed therein.
26. Local authority may cancel certificate of licence in certain cases
If, at any time during the currency of a certificate of licence to any person as a
purveyor of milk issued under these Rules, the person to whom the certificate of licence
has been issued—
(a) makes default in complying with any of the provisions of these Rules
relating to purveyors of milk;
(b) when required by any duly authorized officer to supply information which, by
virtue of his office and the powers conferred upon him under these Rules,
such officer is entitled to require, withholds or refuses such information or
knowingly gives false or misleading information;
(c) is certified by a medical officer of health to be not a fit and proper person, on
medical grounds, to be engaged in the trade or business of a purveyor of
milk; or
(d) refuses to submit himself to a medical examination when so required by the
medical officer of health,
the local authority issuing such certificate of licence may cancel the same and refuse to
issue a new certificate.
27. Surplus milk from one or two milch cows sold to immediate neighbours
Nothing contained in rules 4 and 18 shall be deemed to apply to any person selling or
supplying to his immediate neighbours the surplus milk of any milch cows kept for the
production of milk for his own use and consumption, where such person keeps not more
than two such cows.
28. Certain milk not to be sold
No dairyman, and no purveyor of milk, shall sell or prepare, expose, deposit, convey,
deliver or mix with any other milk, or permit to be prepared, exposed, deposited, conveyed
or delivered or mixed with any other milk for sale, milk—
(a) which has been or is likely to have been contaminated or exposed to any
infection or is in a condition likely or liable to prove unwholesome or
injurious or dangerous to the health of man;
(b) when presenting any marked deviation from the normal composition or
ordinary characters or appearances as regards colour, odour, taste or
general conditions;
(c) when produced by any animal manifestly the subject of constitutional, acute
or infectious or contagious disease, or suffering from any disease of,
inflammation of, swelling of or discharge from the udder, or any general
wasting disease, or by any animal not completely recovered from the febrile
state and other conditions incidental to parturition; or
(d) when produced by any animal at the time being or recently in any cowshed
or on any premises in which any animal is suffering or has recently suffered
from any infectious or contagious disease, or from any animal which has
otherwise recently been exposed to the infection of any such disease,
whether such animal is so suffering or not, until such time as the medical
officer of health certifies in writing that such milk is not likely to be
unwholesome, injurious or dangerous for human consumption.
CAP. 242 [Rev. 2012]
Public Health
[Subsidiary]
[Issue 1] 204
29. Use of infected milk for feeding animals
Nothing contained in rule 28 shall be taken as preventing the use of any such milk for
the purpose of feeding animals, provided that such milk has in every such case first been
thoroughly boiled, and has not been produced by any animal suffering from anthrax.
30. Infected persons not to enter dairies or handle milk or milk vessels
Every dairyman and every purveyor of milk shall by inquiry keep himself informed of
any sickness occurring amongst his employees or in any premises in which he or his
employees reside, and it shall not be lawful for any dairyman or purveyor of milk—
(a) knowingly to allow any person suffering from any contagious or infectious
disease, or who is living in any premises in which there is a case of
infectious or contagious disease, or who has recently been in contact with a
person so suffering, to milk cows or other animals or in any way to take part
in the production or distribution or storage of milk or milk products or to
enter his dairy premises; or
(b) if he himself is so suffering, or has recently been in contact with an infected
person or living in any infected premises as aforesaid, to milk cows or other
animals or in any way to take part in the production or distribution or storage
of milk or milk products, or to enter any dairy premises, until in each case all
danger therefrom of the communication of infection to the milk or milk
products or their contamination has, in the opinion of the medical officer of
health, ceased.
31. Outbreak of disease to be notified
Every dairyman and every purveyor of milk shall inform the medical officer of health
without delay of the occurrence of any infectious or contagious disease amongst any
persons residing or engaged or employed upon his dairy premises or amongst any of his
employees, and shall comply with all requirements of the medical officer of health for
disinfecting the premises and preventing the spread of such disease.
32. Outbreak of sickness attributable to milk
(1) Whenever the medical officer of health of any district is of opinion that the outbreak
or spread of sickness or disease within his district may be attributable to milk soldor
produced or purveyed or distributed by any dairyman or purveyor of milk, such dairyman
or purveyor of milk shall, on being required by the medical officer of health, exhibit for
inspection all invoices, accounts, books and other documents relating to the supply of
such milk, and shall furnish forthwith to such medical officer of health—
(a) a full and complete list of the names and addresses of the customers or
persons supplied with milk by such dairyman or purveyor of milk; and
(b) a full and complete list of the names and addresses of the persons from
whom and of the situation of the places from which, during a period to be
specified by the medical officer of health, the milk or any part of the milk
sold or distributed by such dairyman or purveyor of milk was obtained.
(2) Any dairyman or purveyor of milk who fails to comply with the provisions of
paragraph (1) shall be guilty of an offence.
33. Power to forbid sale or use of milk in certain cases
If it appears to the medical officer of health, or to the local authority on the certificate of
such medical officer of health, that the consumption of any milk or milk products from any
source within or outside the district of such local authority or such medical officer of health
is likely to cause the outbreak or spread of infectious or contagious disease, such local
authority or such medical officer of health may forthwith prohibit the introduction or
[Rev. 2012] CAP. 242
Public Health
[Subsidiary]
205 [Issue 1]
distribution or storage or sale or use within their district of such milk or milk products for a
period to be specified by such local authority or such medical officer of health, and any
person introducing or distributing or storing or selling or using within the district of such
local authority or such medical officer of health any milk or milk products in contravention
of any such prohibition shall be guilty of an offence.
34. Milk receptacles to be provided with approved covers
Every registered dairyman and every licensed purveyor of milk shall provide and fit, or
cause to be provided and fitted, proper and efficient covers, lids or stoppers, of a material
and of a pattern to be approved by the local authority, to all bottles, cans, churns or other
receptacles used or intended to be used for receiving, storing, conveying, delivering or
distributing milk for sale or intended for sale.
35. Milk receptacles to be clean and of approved pattern
No registered dairyman, and no licensed purveyor of milk, shall—
(a) use or permit to be used for receiving the milk from any animal any
receptacle which is not of a material or pattern approved by the local
authority; or
(b) sell, or offer or expose or deposit for sale, or have in his possession for the
purpose of sale or delivery or distribution for or in the process of sale, any
milk in a bottle or can or churn or other receptacle which is not of a material
and pattern approved by the local authority, or which by reason of its
condition cannot be rendered clean and sanitary by washing by steam or
boiling water or an approved chemical agent, or which has not been
thoroughly cleansed and sterilised with steam or boiling water or an
approved chemical agent before each occasion of use or refilling, or which
is unclean; or
(c) use or permit to be used in connexion with any approved receptacle for milk
any stopper, lid or cover which is not of a material or pattern approved by
the local authority, or which is unclean or liable, owing to its condition, to
cause contamination of the milk contained in such receptacle, or which has
not been thoroughly cleansed or sterilised in the manner described in
paragraph (b) before each occasion of use.
[L.N. 93/1960, r. 4.]
36. Cleansing of person and clothing whilst handling or conveying milk
Every dairyman and every purveyor of milk shall ensure that, when he himself or when
on his behalf any other person handles, conveys, distributes, delivers or sells milk, he
shall be clean as to his hands, person and clothing whilst so employed or engaged, and
any dairyman or purveyor of milk who fails to ensure that the provisions of this Rule are
complied with shall be guilty of an offence.
37. Presumption
Any milk found in the possession of any dairyman or purveyor of milk, or in any dairy
premises, or in any vehicle or carrier or milk vessel in the possession or use of any
dairyman or purveyor of milk, shall be deemed to be intended for sale for human
consumption until the contrary shall have been proved to be the case by such dairyman or
purveyor of milk.
38. Revoked by L.N. 294 of 1979, r. 2.
39. Comparative records of inspections and examinations
(1) The local authority may from time to time compile comparative records of—
(a) the results of inspection made by the medical officer of health, or sanitary
inspector, of all or any dairies registered by such local authority, the record
CAP. 242 [Rev. 2012]
Public Health
[Subsidiary]
[Issue 1] 206
of such inspections to be ascertained by such methods as the medical
officer of health may from time to time decide upon;
(b) the result of chemical and bacteriological examinations, made by the
Government analyst and Government bacteriologist respectively, of the milk
sold within the district of such local authority, or exposed, deposited or
conveyed for the purpose of sale within the district of such local authority, or
delivered for or in the process of sale within the district of such local
authority, by all or any purveyors of milk, or dairymen, whether such milk is
produced at a dairy situated within or without the district of the local
authority, and whether the said purveyors of milk or dairymen are carrying
on or are engaged in the business of purveyors of milk or dairymen within or
outside the district of such local authority.
(2) Such local authority may from time to time publish such comparative records,
together with the names of the respective dairymen and purveyors of milk, or such
portions of such comparative records with names as such local authority may deem
necessary, for public information, either by publication in any newspaper circulating within
the district of such local authority or by affixing the same to any notice board or boards of
such local authority, or by such other means as such local authority may from time to time
decide.
40. Revoked by L.N. 294 of 1979, r. 2.
41. Offences
Where a dairyman or a purveyor of milk is charged with an offence under these Rules,
he shall be entitled, upon information duly laid by him, to have any other person whom he
charges as the actual offender brought before the court at the time appointed for hearing
the charge; and if, after the commission of the offence has been proved, the dairyman or
the purveyor of milk proves to the satisfaction of the court—
(a) that he has used due diligence to enforce the execution of these Rules; and
(b) that the said other person has committed the offence in question without his
knowledge, consent or connivance,
that other person shall be convicted of the offence, and the dairyman or the purveyor of
milk shall be exempt from any fine, and the person so convicted shall, in the discretion of
the court, be also liable to pay any costs incidental to the proceedings.
42. Bovines not to be kept within thirty-five feet of a dwelling
(1) No person shall stable or otherwise accommodate any bovine animal within thirty-
five feet of a dwelling, such distances being measured in a straight line from the nearest
point of the stable or other place where such bovine is accommodated to the nearest point
of the dwelling.
(2) No person shall stable or otherwise accommodate any bovine animal within one
hundred feet of a dwelling (such distance being measured in a straight line from the
nearest point of the stable or other place where such bovine is accommodated to the
nearest point of the dwelling) unless the stable or other place where such bovine is or is to
be accommodated has been established as premises for or accommodating of a bovine
animal at the time of the application of this Rule.
(3) For the purposes of this Rule, where the owner or occupier of any stable or other
place where a bovine animal was accommodated at the time of the application of this Rule
fails to give written notice to the local authority within sixty days from the date of the
application of this Rule that he is the owner or occupier of premises established at the
time of the application of this Rule for the stabling or accommodating of a bovine animal,
such
[Rev. 2012] CAP. 242
Public Health
[Subsidiary]
207 [Issue 1]
stable or other place as aforesaid shall not be deemed to have been established as
premises for the stabling or accommodating of a bovine animal at the time of the
application of this rule.
43. Information to be given when required as to place of production of milk
Any dairyman, or any purveyor of milk, or any producer or consignee of any milk or
milk products, or any servant or agent of any such person or persons, who, when required
by the medical officer of health or sanitary inspector or any other person duly authorized
by the local authority to give information as to the place or places in which was produced
any milk or milk products stored, deposited, exposed, conveyed, distributed or intended to
be distributed for the purpose of sale, offered for sale, sold or in course of delivery for or in
the process of sale, withholds or refuses such information or knowingly gives false or
misleading information shall be guilty of an offence.
44. Powers of entry and inspection
The medical officer of health, sanitary inspector or any other person duly authorized by
the local authority may enter any dairy premises or any grazing ground where cows are
grazed, at any hour reasonable for the proper performance of the duty, for the purpose of
inspecting the premises and the cows, milk, milk products, receptacles for milk and
utensils kept therein, and the provisions made for keeping the same in good, clean and
sanitary condition, and of ascertaining whether the requirements of these Rules are being
observed, and the medical officer of health may examine any person resident on or
employed or engaged in or about any such premises for the purpose of ascertaining
whether such person is suffering from any infectious or contagious disease.
45. Veterinary officer may enter premises and inspect milch cattle
(1) A veterinary officer may enter at any time upon any premises in which any cow for
the production of milk for sale is kept or housed or milked and examine any cow or other
animal therein, and may milk any such cow or demand that any such cow be milked in his
presence, and may carry away any sample or samples of milk so obtained for the purpose
of examination, and, should there be reason to believe or suspect that any such cow or
animal is suffering from any contagious or infectious or other disease liable to render milk
produced by such cow or animal unwholesome or injurious or dangerous for human
consumption, may carry out such investigations including the inoculation of any such cow
or animal, as he may deem necessary to determine whether such cow or animal is
suffering from disease.
(2) Any dairyman who by the wilful act or default of himself or his servant fails to
render such veterinary officer all reasonable assistance in any such examination or
investigation as aforesaid, or in obtaining any sample or samples of milk as hereinbefore
provided, shall be guilty of an offence.
46. Veterinary officer may require milch cattle to be assembled for inspection
(1) A veterinary officer may, by written notice, require the owner or keeper of any
cows which are kept or used for production of milk for sale to assemble all such cows
upon his premises, under proper control, for the purpose of veterinary inspection, at a time
to be specified in the said notice, which shall not in any case be less than twenty-four
hours from the time of the service of such notice.
(2) Any such owner or keeper who by the wilful act or default of himself or his servant
fails to comply with such notice, and to render the said veterinary officer all reasonable
assistance, shall be guilty of an offence.
CAP. 242 [Rev. 2012]
Public Health
[Subsidiary]
[Issue 1] 208
47. Obstruction of officers
Any person wilfully obstructing the medical officer of health, veterinary officer, sanitary
inspector or any duly authorized agent of such officer, or any duly authorized officer of the
local authority, in the performance of his duties under these Rules shall be guilty of an
offence.
48. Court may cancel certificate on conviction for offence
On the conviction of any registered dairyman or licensed purveyor of milk for an
offence under these Rules, the court may, on the application of such local authority or
medical officer of health, cancel his certificate of registration or of licence, as the case may
be, and order that no new certificate shall be granted under these Rules to such person
for a period not exceeding two years from the date of such cancellation, and thereupon
such person shall become disqualified to hold a certificate during such period of
cancellation.
49. General penalty
Any person who is guilty of an offence under these Rules shall, where no penalty is
expressly prescribed, be liable to a fine not exceeding five hundred shilling or to
imprisonment for a term not exceeding two months or to both.
50. Local authority may proceed against servant or agent
Where it appears to a local authority that an offence has been committed in respect of
which proceedings might be taken under these Rules against a dairyman or a purveyor of
milk, the local authority shall, if reasonably satisfied that the offence of which complaint is
made was due to an act or default of a servant or agent of such dairyman or purveyor of
milk without his knowledge, consent or connivance, and that he has used due diligence to
enforce the execution of these Rules, take proceedings against the servant or agent
without first proceeding against such dairyman or purveyor of milk.
51. Rules to apply mutatis mutandis to milk intended for human food other than
cow’s milk
The foregoing rules of these Rules shall mutatis mutandis apply to the sale or
production, collection, storing, keeping, preparation, delivery, conveying, transmission or
exposure for sale of milk intended for human consumption from any animal other than a
cow, and to the keeping of any such animal for the production of such milk.
52. Rules not to apply to hotels, boarding houses, etc.
Nothing in these Rules shall be deemed to apply to hotels, boarding-houses or other
like premises, where milk is sold or prepared for sale only to persons dwelling on the
premises, or to apply to persons so selling or preparing milk.
[Rev. 2012] CAP. 242
Public Health
[Subsidiary]
209 [Issue 1]
APPLICATION OF THE ABOVE RULES UNDER RULE 2
[Cap. 130 of (1948), Sub. Leg., G.N. 433/1949, G.N. 729/1951, G.N. 1242/1951, G.N. 1413/1951,
G.N. 163/1952, G.N. 819/1952, G.N. 577/1954, L.N. 24/1956, L.N. 25/1956, L.N. 218/1959,
L.N. 540/1960, L.N. 396/1961, L.N. 217/1964, L.N. 178/1965, L.N. 285/1966, L.N. 349/1966, L.N.
255/1967, L.N. 24/1976.]
The whole of the Public Health (Milk and Dairies) Rules have been applied to the
following areas—
Eldoret Municipality;
[Cap. 130 of (1948), Sub. Leg.]
Kisumu Municipality;
Nairobi Municipality;
Nakuru Municipality;
[G.N. 433/1949.]
Kitale Municipality;
Nyeri Township;
[G.N. 729/1951.]
Nanyuki Township;
[G.N. 1242/1951.]
Machakos Township;
[G.N. 1413/1951.]
Kapsabet Township;
[G.N. 163/952.]
Kericho Township;
[G.N. 577/1954.]
County of Nairobi;
[L.N. 24/1956.]
The district of the Nyanza North Rural District Council;
[L.N. 25/1956.]
The district of the Thomson’s Falls Urban District Council;
[L.N. 218/1959.]
Kiambu Township;
[L.N. 540/1960.]
Limuru Trading Centre, within the district of the Kiambu African District Council;
Malindi Township;
[L.N. 396/1961.]
The County of Nyandarua;
The County of Murang’a;
[L.N. 217/1964.]
Kisii Urban Council area;
[L.N. 178/1965.]
The County of Nyeri;
Meru Urban Council area;
Karatina Urban Council area;
[L.N. 285/1966.]
CAP. 242 [Rev. 2012]
Public Health
[Subsidiary]
[Issue 1] 210
Kakamega Urban Council area;
[L.N. 349/1966.]
Narok Township;
Nairagie Ngare Trading Centre;
Kilgoris Trading Centre;
Ololunga Trading Centre;
[L.N. 255/1967.]
The County Council of Kwale;
The County Council of Kilifi;
The County Council of Taita/Taveta;
The County Council of Kiambu;
The County Council of Trans Nzoia;
The County Council of Elgeyo Marakwet;
The County Council of Nandi;
The County Council of Kipsigis;
The County Council of Nakuru;
The County Council of Laikipia;
The County Council of Wareng.
[L.N. 24/1976.]
The following provisions of the Public Health (Milk and Dairies) Rules have been
applied to the following areas—
Mombasa Municipality: all except rule 27;
[Cap. 130 of (1948), Sub. Leg.]
Kakamega Township: rules 3, 18-24, 26, 28, 30-38, 40, 43, 44, 47 and 48;
Embu Township: rules 3, 18-24, 26, 28, 30-38, 40, 43, 44, 47 and 48;
[G.N. 819/1952.]
Kisii District: the whole of the rules, except rules 12, 25 and 42;
[L.N. 178/1965.]
The County of Kirinyaga: the whole of the Rules, except rule 27.
[L.N. 285/1966.]
[Rev. 2012] CAP. 242
Public Health
[Subsidiary]
211 [Issue 1]
CHEMICAL AGENTS APPROVED UNDER RULE 14(G)(I) OF THE ABOVE RULES
[L.N. 218/1964, L.N. 345/1964, L.N. 260/1965.]
Benzalkonium Chloride.
[L.N. 218/1964.]
Iosan.
[L.N. 345/1964.]
Mikotox.
[L.N. 260/1965.]
[Rev. 2012] CAP. 242
Public Health
[Subsidiary]
213 [Issue 1]
PUBLIC HEALTH (MEAT INSPECTION) RULES
[L.N. 14/1956.]
1. These Rules may be cited as the Public Health (Meat Inspection) Rules.
2. In these Rules, unless the context otherwise requires—
“carcass” includes any part of a carcass and its viscera;
“code of practice” means the code of practice of meat inspection set forth in the
Schedule;
“designated place” means any abattoir, slaughterhouse or other places declared
to be such under rule 3;
“health inspector” means any health inspector appointed by the Government
holding the certificate of the Royal Sanitary Institute (England), or the Royal Sanitary
Association of Scotland, for inspectors of meat and other foods;
“inspecting officer” means any medical officer of health, veterinary officer or
health inspector, and includes any other person duly authorized by any of the said
persons to assist him for the purposes of these Rules;
“medical officer of health” means the medical officer of health for the area in
which the designated place concerned is situated;
“veterinary office” means a veterinary surgeon in the service of the Government.
3. The Minister may, by notice in the Gazette, declare any abattoir, slaughterhouse or
other place where livestock is slaughtered for the purpose of human consumption to be a
designated place for the purpose of these Rules.
4. Except in an emergency, any person who slaughters at a designated place any
livestock which has not previously been inspected by a veterinary officer in accordance
with the code of practice shall by guilty of an offence against these Rules.
5. Any person who parts with the possession or control of the carcass of any livestock
slaughtered at a designated place, being a carcass which has not before such parting with
possession or control been inspected in accordance with the code of practice by a medical
officer of health, veterinary officer or health inspector, shall be guilty of an offence unless it
is shown to the satisfaction of a medical officer of health, veterinary officer or health
inspector that the carcass is not intended for human consumption.
6. It shall be lawful for the medical officer of health or any veterinary officer or health
inspector to detain and to order the disposal or destruction of any livestock or carcass
which, in his opinion, is unfit for human consumption.
7. Any person, other than an inspecting officer, who attaches, removes or alters any tag,
token or mark, used in the process of inspection of any livestock or carcass under the
code of practice, from such livestock or carcass shall be guilty of an offence.
8. Any person who removes or disposes of any livestock or carcass which has been so
marked or tagged except with consent or in accordance with the instruction of a medical
officer of health, veterinary officer or health inspector shall be guilty of an offence.
9. Any person who obstructs or hinders an inspecting office acting in the course of his
duties as such shall be guilty of an offence.
CAP. 242 [Rev. 2012]
Public Health
[Subsidiary]
[Issue 1] 214
10. Any person who is guilty of an offence under these Rules shall be liable to a fine not
exceeding two thousand shillings.
11. These Rules shall not apply so as to interfere with the operation or effect of the
Animal Diseases Act (Cap. 364) or anything lawfully done thereunder.
SCHEDULE
[Rule 2.]
CODE OF PRACTICE OF MEAT INSPECTION
1. Ante-mortem inspection
(1) All cattle, sheep, swine and goats shall be inspected ante-mortem except in
cases of emergency.
(2) No animal which has entered the yards or lairages shall be removed therefrom,
whether for slaughter or otherwise, unless permission in writing has been granted by the
inspecting officer.
(3) The ante-mortem inspection shall be carried out if possible on the unloading
ramp or in lairages, provided the latter have ample natural light.
(4) During the inspection the following details shall be noted—
(a) disease symptoms which may influence the general health of the animal or
depreciate the meat;
(b) the presence of notifiable infectious diseases or symptoms which may
suggest that such disease is developing; and
(c) species, sex, colour, age, behavior and body temperature.
(5) In particular attention shall be paid to the following—
(a) condition of nutrition;
(b) manner of standing and walking;
(c) reaction to environment;
(d) hide, skin and hair;
(e) digestive system (lips, mouth, anus, rumination, quality of faeces and
appetite);
(f) vulva, vagina and mammary gland; and
(g) respiratory system (nasal openings and respiration).
2. Suspect animals
(1) Every animal suspected on ante-mortem inspection shall be set apart and tagged
as a “SUSPECT”, and slaughtered either in the casualty block or when the killing of the
normal animals has been completed.
(2) Any inspecting officer carrying out the ante-mortem inspection shall notify in
writing the officer in charge or the officers on the killing floor of the reason why the animal
has been classed as “SUSPECT”.
3. Condemned animals
Any animal showing on ante-mortem inspection a disease or condition that would
necessitate condemnation of the carcass on post-mortem inspection shall be tagged as
“CONDEMNED”.
[Rev. 2012] CAP. 242
Public Health
[Subsidiary]
215 [Issue 1]
4. Killing of condemned animals
Animals tagged as “CONDEMNED” shall, if not already dead be killed in the post-
mortem room only, and shall not be conveyed into any department of the establishment
used for edible products.
Post-mortem Inspection
5. General provisions: Preparation for inspection
(1) The post-mortem inspection shall follow as soon as possible after the slaughter
of the animal, except in cases of emergency slaughter.
(2) The carcass shall not be cut up into quarters until the inspecting officer has
carried out his examination.
(3) All hair, scurf and dirt, and hoofs and claws, shall be removed from pig
carcasses, and the carcasses shall be thoroughly washed and cleaned before any incision
is made for inspection or evisceration.
(4) When a carcass is to be dressed with the skin or hide left on, the skin or hide
shall be thoroughly washed and cleaned before any incision is made for the purpose of
removing any part thereof or evisceration, except that where calves are slaughtered by the
Jewish or Mohammedan method the heads shall be removed from the carcasses before
washing of the carcass.
(5) No serious membrane shall be removed nor shall any evidence of disease be
modified or obliterated by washing, scraping or stripping or in any other manner before
inspection by an authorized officer.
(6) (a) The organs of the abdomen, pelvis and thorax shall be removed and the
tongue in calves and pigs.
(b) The head and feet may be cut off, if so desired, from cattle, sheep and goat
carcasses.
(c) Ears, eyes, sexual organs, the navel in pigs and the anus shall be removed
immediately.
(7) If several animals of the same species are slaughtered together, the parts and
organs removed from a carcass shall be kept beside that carcass or otherwise marked to
enable their identification with the carcass from which they have been removed.
(8) No part or organ shall be removed without the knowledge and permission of the
inspecting officer before the inspection of the carcass and viscera is fully completed.
6. Duties of inspecting officer
(1) Every inspecting officer shall possess at least two knives, which shall be kept in
clean condition; and knives which are soiled by diseased matter shall not be used until
they have been properly cleaned and disinfected.
(2) Every inspecting officer shall incise all the organs and parts of a carcass as
provided herein; and if the routine incisions are not sufficient to reach a diagnosis the
inspecting officer may incise other parts or demand the cutting up of the carcass.
(3) When incising diseased parts, every inspecting officer shall avoid contaminating
the healthy parts of the carcass or organs, and the floor and other parts of the premises.
(4) (a) Any carcass, organ or part retained for further inspection or bacteriological
examination shall be marked by the inspecting officer with a label stating “RETAINED”.
(b) The carcass, organ or part shall be removed to a detention room, where it will
remain until a final decision has been reached.
(c) The identity of every such retained carcass, organ or part shall be maintained
until the final inspection has been completed.
CAP. 242 [Rev. 2012]
Public Health
[Subsidiary]
[Issue 1] 216
(5) Where a slaughtered animal is found by the inspecting officer to be free from
disease, well nourished and in sound and wholesome condition, the carcass shall be
passed as fit for consumption, and shall be stamped by the inspecting officer with the
official mark of approval.
(6) The remainder of a carcass from which diseased parts have been taken by or
under the personal supervision of an inspecting officer shall be passed as fit for
consumption and stamped by the inspecting officer with the official mark of approval.
7. General principles of post-mortem inspection
(1) The carcass shall be examined visually to ascertain the following—
(a) condition of nutrition;
(b) evidence of bruising, haemorrhage, injuries or discoloration;
(c) efficiency of bleeding;
(d) local or general dropsy (oedema);
(e) abnormalities, swellings or deformities of bones, joints, muscles or other
tissues; and
(f) conditions of serous membranes (pleura and peritoneum).
(2) Viscera shall be examined either in situ or as they are removed from the carcass.
(3) Lymph nodes shall be examined by palpation and deep multiple, longitudinal
incisions (and if required they shall be removed for detailed inspection).
(4) The carcass muscles shall be inspected by viewing and incision.
(5) Any carcass, organ or part demanding a more detailed examination shall be
retained in accordance with the provisions of subparagraph (4) of paragraph 6.
(6) Any incision or excision shall be made if possible in such manner as not to impair
the market value of the carcass, organ or part.
8. Detailed instructions for routine inspection
A visual inspection, alone or together with palpation or incision of the following parts
or organs shall be carried out as a routine measure—
(a) blood—(note: colour, clotting, staining ability and presence of foreign matter);
(b) head—(pharynx, tongue, lips, sub-maxillary and retro-pharyngeal lymph
nodes);
(c) lungs—(trachea, bronchial and mediastinal lymph nodes);
(d) heart—(peri-, ecto- and endocardium—routine incision of heart muscle in
accordance with paragraph 9);
(e) diaphragm;
(f) liver—(surface and substance, bile ducts and lymph nodes);
(g) stomach and intestines—(omentum, mesentery and messenteric lymph
nodes);
(h) kidneys—(surface and substance, and if necessary renal lymph nodes);
(i) spleen—(incision only if necessary);
(j) uterus—(ovaries, vagina and vulva);
(k) testicles;
(l) mammary gland (supramammary lymph nodes);
(m) feet;
[Rev. 2012] CAP. 242
Public Health
[Subsidiary]
217 [Issue 1]
(n) muscles (routine incisions, see “detailed inspection of cattle, calves, etc.” in
paragraph 9);
(o) fat, connective tissue, bones, joints and tendon sheets; and
(p) carcass lymph nodes (routine inspection in accordance with paragraph 9).
9. Detail of inspection methods in cattle, calves, pigs and sheep
(1) CATTLE—visual inspection of gums and palate; visual inspection, palpation and
incision of tongue (ventral aspect-root), which should be loosened but not detached;
extensive incisions into the external and internal muscles of mastication, parallel to the
lower jaw; visual inspection of heart after opening of pericardium—if necessary an incision
into the heart muscle shall be made from the base to the apex (further incisions shall be
made if cysticercus bovis is suspected); visual inspection of oesophagus; visual inspection
of the muscles exposed during splitting of carcass; the following routine inspection shall
be made into each side: three incisions into the muscles of the shoulder proximal to the
elbow joint, one incision into the abductor muscle of the hind-quarter parallel to the
symphysis pelvis; any other incision or excision shall be permissible, without mutilation of
the carcass, if the presence of cysticercus bovis is suspected; the prescapular, external
and internal iliac, supramammary and renal lymph nodes shall be incised, the stomach,
intestines and mesenteric lymph nodes shall be viewed, the latter if necessary incised; the
liver shall be visually inspected, palpated and incised (an incision shall be made across
the thin left lobe); the adrenal glands shall be examined by observation; the udder shall be
incised and examined by observation and palpation; the outer surface of the uterus and
the substance of the uterus and of the ovaries shall be examined; if considered necessary,
the former shall be incised.
(2) CALVES—in addition to the foregoing, the navel and joints shall be examined by
observation and if necessary incised; the presence, consistency and colour of the fat
around the kidneys shall be noted; the skeletal muscles shall be viewed to ascertain their
colour and consistency; visual inspection and if necessary incision of all parts known to be
predilection sites for cysticercus bovis regardless of age of calf; visual inspection of
visceral surface of the liver.
(3) PIGS—the carcass shall be split before inspection; the sub-maxillary and
retropharyngeal lymph nodes shall be exposed and incised; lips and gums shall be
viewed; the tongue shall be detached from the head bones, palpated, viewed and incised;
the pericardium shall be opened up and the heart visually inspected and incised by one
cut stretching from the base to the apex; the leaf fat shall be detached and the kidneys
exposed (this may be omitted in export pigs for overseas); all exposed muscles shall be
visually inspected, especially the neck, loin and ham muscles as well as the fleshy part of
the diaphragm; the prescapular iliac, superficial inguinal and supramammary lymph nodes
shall be examined by palpation and if necessary incised; the gastro-splenic and
mesenteric lymph nodes shall be incised; incisions into the shoulder muscles may be
omitted.
(4) SHEEP AND GOATS—the lips, gums, tongue and nasal cavities shall be
examined as practicable; the prescapular, superficial inguinal, supramammary and
precrural lymph nodes shall be examined in detail; the lungs shall be viewed, palpated
and their basic lobes incised; the liver shall be viewed and palpated, and an incision shall
be made into the thickest portion of the organ or across the thin left lobe; the mammary
gland shall be examined by observation and palpation.
10. Inspection of lymph nodes and organs in “SUSPECT” carcasses
All carcass lymph nodes and organs shall be examined in detail in carcasses marked
“SUSPECT” during ante-mortem inspection and in carcasses derived from an emergency
slaughter.
CAP. 242 [Rev. 2012]
Public Health
[Subsidiary]
[Issue 1] 218
11. Bacteriological examination of carcasses from an emergency slaughter
(1) No carcass derived from an animal judged “SUSPECT” during ante-mortem
inspection or slaughtered in emergency shall be passed fit for human consumption unless
it has been proved by bacteriological examination to be free from infection with food
poisoning organisms, or if any of the following diseases or conditions have been
established—
(a) sheep pox, erysipelas, swine fever;
(b) bone fractures (without perforation of hide or skin);
(c) external injuries (without affecting the general health); foreign body in the
oesophagus (without perforation); prolapse of the uterus, bladder or rectum
provided slaughter has taken place immediately after the accident and no
complication or fever was recorded.
(2) Carcasses from which samples have been taken for bacteriological examination
shall be “RETAINED” under lock and key until a final decision can be reached.
12. Diseases and conditions rendering carcass unfit for human consumption
The carcass and viscera shall be judged unfit for human consumption if affected with
or showing lesions of any of the following diseases or conditions—
(i) anthrax;
(ii) abscesses, multiple;
(iii) anaplasmosis and redwater, save where the carcass is in good condition;
(iv) actinomycosis and actinobacillosis, generalized;
(v) blackleg;
(vi) bluetongue;
(vii) cystercercosis, generalized;
(viii) caseous lymphadenitis, if the carcass is in poor condition or the lesions are
either multiple, acute and actively progressive, or inactive but widespread;
(ix) decomposition, generalized;
(x) dropsy, generalized;
(xi) emaciation, pathological;
(xii) erysipelas, acute;
(xiii) east coast fever, save where the carcass is in good condition;
(xiv) foot-and-mouth disease;
(xv) heartwater, save if carcass in good condition and not feverish;
(xvi) immaturity, unborn or stillborn carcass;
(xvii) jaundice, if discoloration of the carcass is still present after 24 hours of
cooling, or if the carcass is in poor condition, or dropsical, or if an unpleasant
taste or smell is noted when carrying out the boiling or frying test;
(xviii) leptospirosis;
(xix) lukaemia;
(xx) mammitis, acute, septic;
(xxi) metritis, acute, septic;
(xxii) malignant catarrh;
(xiii) Nairobi sheep disease;
(xiv) paratyphus of pigs;
(xxv) parturient paresis, carcass judged according to its merits;
(xxvi) pneumonia, acute, septic;
[Rev. 2012] CAP. 242
Public Health
[Subsidiary]
219 [Issue 1]
(xxvii) pleurisy, acute, diffuse, septic;
(xxviii) pericarditis, acute, septic;
(xxix) peritonitis, acute, diffuse, septic;
(xxx) pigment formation, generalized;
(xxxi) polyarthritis;
(xxxii) rabies;
(xxxiii) rinderpest;
(xxxiv) salmonellosis, generalized;
(xxxv) sarcocystosis (misheriana), if the meat is watery and discoloured;
(xxxvi) septicaemia and pyaemia;
(xxxvii) tetanus;
(xxxviii) transit fever, save when carcass is in good condition;
(xxxix) trichinosis;
(xl) trypanosomiasis, save where the carcass is in good condition and does not
show lesions of fever and dropsy;
(xli) tuberculosis, if the carcass is emaciated or fevered owing to an acute blood
infection, or the lesions are generalized, extensive or acute or actively
progressive;
(xlii) tumours, generalized or malignant;
(xliii) unpleasant odour or taste; or
(xliv) swine fever.
13. Blood unfit for human consumption
Blood shall be unfit for human consumption when—
(i) the carcass and organs are condemned;
(ii) the carcass or organs are found to be affected with any infectious disease;
(iii) it is contaminated by stomach contents or other extraneous matter.
14. Affected part unfit for human consumption
(1) An organ or part of a carcass shall be unfit for human consumption if affected
with or showing lesions of the following diseases conditions—
(i) tuberculosis—
(a) the head, including the tongue shall be condemned if the
retropharyngeau, parotid and submaxillary lymph nodes, or any two of
these, show lesions;
(b) the mesentery and associated part of the intestines shall be
condemned if the mesenteric lymph nodes alone show lesions;
(c) the trachea as well as the larynx shall be condemned if the lungs or
associated lymph nodes show lesions;
(d) if muscle lymph nodes show lesions, all long bones in the respective
drainage area shall be removed and opened up; if a lesion is exposed,
all skeletal bones shall be destroyed and the muscles sterilized,
provided the carcass is in good condition; otherwise total condemnation
of the carcass shall be enforced;
(e) in the absence of any symptoms of an acute blood infection, and if
there are no lesions in the long bones, but muscle lymph nodes show
slight chronic lesions, the affected part only shall be sterilized;
CAP. 242 [Rev. 2012]
Public Health
[Subsidiary]
[Issue 1] 220
(ii) sarcocystosis (misheriana):
the affected muscles only shall be condemned, provided the infestation
is localised and the meat normal;
(iii) liver fluke, bladder worms, round worms, tape worms, etc:
Provided the affected part shall not be rejected when the lesions are
slight and not numerous and the part is not changed in structure and
appearance;
(iv) abscesses, abrasions, bruises, injuries, tumours, etc.:
Provided that the affected parts together with the surrounding tissues
shall be removed if the lesions are localized or encapsulated and the
regional lymph nodes or the general system does not show any
symptoms indicating spread of secondary infection;
(v) pleuro-pneumonia—
the lungs and pleura shall be condemned;
(vi) actinomycosis and actinobacillosis—
the affected parts and the corresponding lymph nodes shall be
condemned;
(vii) inflammation—
the diseased part only shall be condemned if the area is small and
localised and the regional lymph nodes or general system not involved;
(viii) malformations—
the affected parts shall be condemned;
(ix) diamond skin lesions (skin erysipelas);
the affected part or the whole skin shall be stripped and condemned;
(x) degeneration—
the affected organ or muscle shall be condemned;
(xi) pigmentation, calcification, infiltration haemorrhage or watery—
the affected parts shall be condemned;
(xii) decomposition superficial, moulds superficial, maggots, etc.—
the affected parts together with the surrounding tissues shall be
condemned;
(xiii) contamination (pus or inflammatory exudate)—
the contaminated part together with the surrounding tissues shall be
condemned;
(xiv) arthritis—
the affected parts shall be condemned.
15. A carcass conditionally fit for human consumption
A carcass shall be deemed conditionally fit for human consumption if infested with
cysteicercus bovis under the following conditions—
(a) any carcass showing 1-6 cysts or degenerated cysts shall be retained for 14
days in a temperature not above —10° C., or sterilized by heat in accordance
with paragraph 16 of this Schedule, and then released unconditionally for
sale on the market;
(b) any carcass of which the head or tongue, or thoracic or abdominal viscera,
are infested with one or more active cysts shall be retained, and treated and
released in accordance with subparagraph (a);
[Rev. 2012] CAP. 242
Public Health
[Subsidiary]
221 [Issue 1]
(c) any carcass showing 7-20 cysts shall be retained and treated in accordance
with subparagraph (a), but released condi-released conditionally as “contract”
meat only.
16. Treatment of conditionally fit carcass
Carcasses which have been declared conditionally fit shall be processed by either of
the following methods—
(a) sterilization by heat treatment, carried out by steaming, boiling or rendering—
(i) steaming, which entails heating by steam under moderate pressure
(7 lb. per square inch) in an autoclave for a period of not less than one
hour;
(ii) boiling, which entails heating in a closed or open vat at a temperature
of 76.6° C. for a period of not less than 2½ hours;
(iii) rendering, which entails cooking of pork fat and tallow for a time
sufficient to render them effectively into lard or tallow, provided all parts
of the product are heated to a temperature not lower than 76.6° C. for
a period not less than 30 minutes;
carcasses or parts subjected to heat treatment, preferably by steaming, shall
be cut up into pieces not greater than 6 inches in thickness; the sterilization
shall be regarded as adequate when the deeper portions of the meat have
assumed a grey colour in the case of beef or a greyish-white colour in the
case of pork, and where the muscle juice which exudes when the meat is cut
has lost its reddish tint; and the heat treatment shall be carried out during
regular hours of work under the direct supervision of an inspecting officer; or
(b) freezing, as a means of sterilization of carcasses affected with cysticercus
bovis, shall be carried out in a cold storage room the temperature of which
shall be maintained at a constant level of not more than —10° C. for a period
of at least fourteen days; and—
(i) before any carcass infested with cysticercus bovis is placed in cold
storage for sterilization all obviously diseased parts shall be removed
and a tag shall be securely affixed to each side;
(ii) a record of every carcass placed in cold storage for sterilization shall
be kept;
(iii) the thermograph recordings of the temperature of separate cold
storage room reserved for the sterilisation of carcasses infested with
cysticercus bovis shall be preserved for a period of at least one month
from the date on which such carcass was removed therefrom and shall
be available for inspection; and
(iv) the cold storage room in which carcasses infested with cysticercus
bovis are held shall be kept under lock and key, and shall be under
personal supervision of the inspecting officer in charge or his deputy.
17. Carcasses declared conditionally fit but not treated
Carcass and parts declared conditionally fit for human consumption which have not
been submitted to the treatment prescribed in paragraph 16 shall be regarded as unfit for
human consumption.
18. Diseases and conditions not provided for
Judgment and procedure in diseases and conditions not dealt with in this code shall
be within the discretion of the inspecting officer.
CAP. 242 [Rev. 2012]
Public Health
[Subsidiary]
[Issue 1] 222
19. Disposal of carcasses and parts unfit for consumption
(1) Carcasses and parts judged unfit for human consumption shall be moved to the
disposal plant not later than 24 hours after judgment.
(2) Where a disposal plant is not available, carcasses and parts unfit for human
consumption shall be destroyed by burning.
20. Inspection records
(1) Every inspecting officer shall keep a daily record book of slaughter and
condemnation.
(2) In public abattoirs and meat production plants, a record book shall be maintained
in which shall be recorded daily all slaughtering and condemnations carried out on the
premises; this record shall be closed at the end of the calendar year, and an annual report
shall be made to the Director of Veterinary Services and the Director of Medical Services
during the month of January.
(3) Daily record books and annual reports shall be kept for at least three years
before being destroyed.
[Rev. 2012] CAP. 242
Public Health
[Subsidiary]
223 [Issue 1]
ABATTOIRS DECLARED TO BE DESIGNATED UNDER RULE 3 OF THE ABOVE
[L.N. 26/1956.]
The Kenya Meat Commission Abattoir, Athi River,
The Kenya Meat Commission Abattoir, Mombasa,
The Uplands Bacon Factory (Kenya) Ltd. Abattoir, Uplands.
[Rev. 2012] CAP. 242
Public Health
[Subsidiary]
225 [Issue 1]
PUBLIC HEALTH (IMPORTATION OF MEAT) RULES
[L.N. 545/1962.]
1. These Rules may be cited as the Public Health (Importation of Meat) Rules.
2. In these Rules, unless the context otherwise requires—
“authorized officer” means a health officer as defined in the Public Health (Port,
Airport and Frontier) Rules;
“competent authority” means an authority having power under the laws in force
in any country to examine articles of food and to certify as to their fitness for human
consumption;
“importer” means any person who brings any meat or meat products or causes
any meat or meat products to be brought into Kenya, whether as owner or as a person
for the time being possessed of or beneficially interested in the meat or meat products,
and “import” shall be construed accordingly;
“meat” means flesh or other edible part of an animal, and includes meat which has
been cured or smoked, but does not include meat which has been cooked or otherwise
treated or prepared or which has been packed in air-tight containers;
“meat product” means any of the articles specified in the First Schedule;
“place of export” includes a factory or place of preparation and the port or airport
of departure of the consignment of meat.
3. No person shall import any meat or meat product unless such meat or meat product is
accompanied by a certificate that it has been examined by a competent authority at the
place of export and found at the time of examination to be wholesome; the certificate shall
be in the form specified in the Second Schedule.
4. Any person who imports any meat or meat product in contravention of rule 3 shall be
guilty of an offence and shall be liable on conviction to the penalties prescribed in
section 164 of the Act.
5. An authorized officer at the port or airport of entry may require the importer of any
meat or meat products to produce a certificate of examination as required by rule 3 in
regard to such meat or meat products.
FIRST SCHEDULE
[Rule 2.]
1. Cooked or dried meat.
2. Intestines and other parts prepared in the form of sausage casings.
3. Pies, sausages and other parts prepared or manufactured articles of food containing
any meat or cooked or dried meat other than fat.
4. Rendered animal fats except in margarine.
CAP. 242 [Rev. 2012]
Public Health
[Subsidiary]
[Issue 1] 226
SECOND SCHEDULE
[Rule 3.]
Date .....................................................
No. .......................................................
I, ........................................................................................................................................................
duly appointed by .................................................................................................................................
hereby certify that the fresh/frozen/cured meat or meat product herein described not being canned
meat is derived from ........................................................... (name of animal) which was subjected to
ante-mortem and post-mortem inspection at the time of slaughter and that no evidence was found of
any disease or condition which would render the meat or meat product unwholesome.
I further certify that to the best of my knowledge and belief all necessary precautions for
prevention of danger to public have been taken in the dressing, preparation and packing of the said
meat or meat product according to the appropriate public health regulations in the country of origin.
Description of meat or
meat product
Number of pieces Weight
Shipped by ........................................................................................................................................
Address .............................................................................................................................................
Destination ........................................................................................................................................
Identification marks on meat or meat product ...................................................................................
.............................................................................
Signature
.............................................................................
Official Title
[Rev. 2012] CAP. 242
Public Health
[Subsidiary]
227 [Issue 1]
CEMETERIES AUTHORIZED UNDER SECTION 145
These are not included in the Laws of Kenya as they are of local application only
(L.N. 559/1962).
[Rev. 2012] CAP. 242
Public Health
[Subsidiary]
229 [Issue 1]
PUBLIC HEALTH (MEDICAL OFFICERS OF HEALTH AND HEALTH
INSPECTORS) RULES, 1963
[L.N. 153/1963, L.N. 23/2007.]
RULES UNDER SECTION 169
1. These Rules may be cited as the Public Health (Medical Officers of Health and Health
Inspectors) Rules, 1963.
2. In these Rules, unless the context otherwise requires—
“health inspector” means any health inspector or sanitary inspector appointed by
a local authority and includes any chief health inspector, senior health inspector, health
inspector or public health inspector appointed by the Director of Medical Services to
act as such in any district;
“medical officer of health” includes a deputy medical officer of health.
3. No person shall be appointed a medical officer of health or a health inspector under
section 9(1A) of the Act unless he is in possession of the qualifications hereinafter
prescribed—
(a) in respect of appointment as a medical officer of health—
(i) registration as a medical practitioner; and
(ii) possession of a registered diploma in public health or its equivalent,
save that the Minister may in any particular case, if he thinks fit, dispense
with the qualification specified in subparagraph (ii) of this paragraph;
(b) in respect of appointment as assistant medical officer of health, registration
as a medical practitioner and such other qualifications as the Minister may
from time to time specify;
(c) in respect of appointment as health inspector—
(i) possession of—
(a) a certificate or diploma of the Public Health Inspectors
Education Board; or
(b) a certificate of the Royal Sanitary Association of Scotland; or
(c) a certificate of any authority superseded by such Board of
Association; or
(d) a certificate or diploma of the Royal Society of Health as Health
Inspector; or
(e) a degree in public health or environmental health from a
recognized university; or
(f) any other recognized qualification as Health Inspector which
the Minister may from time to time specify; and
(ii) in addition, where duties may include inspection of meat and other
foods, possession of a certificate or diploma of the Royal Society of
Health or of the Royal Sanitary Association of Scotland as an
Inspector of Meat and other Foods, unless this is already
incorporated with one of the above statutory qualifications.
[L.N. 23/2007, r. 2.]
CAP. 242 [Rev. 2012]
Public Health
[Subsidiary]
[Issue 1] 230
4. (1) A local authority shall, before appointing any medical officer of health, assistant
medical officer of health or health inspector, submit to the Minister a statement in such
form and containing such particulars relating to the appointment as may from time to time
be required by the Minister.
(2) A local authority shall, as soon as the approval of Minister has been given to the
proposals contained in the statement so submitted, cause to be inserted in some
newspaper or newspaper circulating locally and, if appropriate, overseas, at least six-
weeks before the date on which it is proposed that the appointment shall be considered by
the local authority, an advertisement specifying the local authority by which the
appointment is to be made, together with details of the emoluments and any travelling or
other prerequisites proposed to be awarded, and stating the address to which application
for the appointment should be sent.
5. The local authority shall pay to every medical officer of health, assistant medical officer
of health and health inspector so appointed such salary and other emoluments as may
from time to time be approved by the Minister after consultation with the Minister for the
time being responsible for Local Government.
6. A medical officer of health, assistant medical officer of health or health inspector shall
not, except with the written consent of the local authority employing him and with the
agreement of the Minister, engage in any private practice, or in any private work arising
out of or in any way connected with the discharge of his duties.
7. A medical officer of health, assistant medical officer of health or health inspector shall
not be appointed for a limited time only, but shall be appointed to hold office until he
resigns or is removed with the approval of the Minister and not otherwise:
Provided that a medical officer of health or health inspector may be appointed for a
imited period specified by a contract or subject to such period of probation and to
retirement at such age as the local authority with the consent of the Minister may
prescribe.
8. (1) No person appointed to be medical officer of health or health inspector shall be
removed from office unless such removal has been authorized by a resolution passed by
a majority of the whole council of the local authority, and has been approved by the
Minister of which at least three months’ notice has been given to the officer except when
the officer is removed for disciplinary reasons:
Provided that a local authority may, with the approval of the Minister, suspend a
medical officer of health or health inspector from the discharge of his duties, and in the
event of his removal being duly authorized such officer shall be deemed to have been
removed from office as from the date of his suspension.
(2) During the period of his suspension the officer shall receive such allowances as
the local authority may determine, subject to the approval of the Minister; and any
emoluments withheld during suspension shall be restored to the officer in the event of the
officer being restored to duty.
(3) In this Rule a “medical officer of health” includes, in addition to a deputy medical
officer of health, an assistant medical officer of health.
9. A medical officer of health, assistant medical officer of health or health inspector shall
not be appointed unless he agrees, as one of his terms of engagement, to give at least
three months’ prior notice before resigning his office or in default to forfeit such sum as
may be agreed upon at the date of his appointment as liquidated damages.
10. A medical officer of health shall—
(a) perform all the duties imposed on a medical officer of health by any law or
by any directions from time to time made or given by the Minister, and by
any instructions of the local authority applicable to his office;
[Rev. 2012] CAP. 242
Public Health
[Subsidiary]
231 [Issue 1]
(b) forward weekly to the Minister by post a return, in such form as the Minister
may from time to time require, of the number of cases of infectious diseases
notified to him during the week ended on the preceding Saturday night, or
such further information and at such intervals of time as the Minister may
from time to time require; and shall at the same time forward a duplicate of
the return to the medical officer of health of every district adjoining the area
of the local authority for which he is appointed;
(c) report at once and confirm by telegram to the Minister any case of plague,
cholera, smallpox, yellow fever, louse-borne typhus, louse-borne relapsing
fever or any serious outbreak of disease in the area of the local authority
which may be notified to him or which may otherwise come or be brought to
his knowledge, and shall also notify the medical officer of health of every
district adjoining the area of the local authority by copies of such telegram or
telegrams;
(d) as soon as practicable after the 31st December in each year render a
comprehensive annual report to the local authority, submitting a copy of
such report to the Minister, on all matters affecting the public health,
including any such special information as may from time to time be called
for by the Minister;
(e) advise the local authority in regard to all matters affecting the public health,
and generally direct and control the functions of his department in the
promotion of the public health.
11. A health inspector, as regards the area of the local authority for which he is
appointed, shall—
(a) perform under the general direction of the medical officer of health all the
duties imposed on a health inspector by law, and observe and execute any
directions or instructions of the local authority or of the Minister applicable to
his office;
(b) by inspection of his area, both systematically and at intervals as occasion
requires, and in response to such complaints as may be received, keep
himself informed of the sanitary circumstances of the areas and of
nuisances therein that require abatement, and take such action as may be
deemed necessary to ensure their abatement;
(c) advise the medical officer of health with regard to the adequacy and safety
of public water supplies within his area;
(d) from time to time and forthwith upon complaints visit and inspect shops and
places kept or used for the preparation and sale of any articles of food for
sale or keeping for sale as regulated by law, and examine any article of food
therein, and take such proceedings as may be deemed necessary;
(e) give immediate notice to the medical officer of health of the occurrence
within his area of any infectious or epidemic disease or other serious
outbreak of illness which may come to his notice; and whenever it appears
to him that the intervention of such officer is necessary in consequence of
the existence of any nuisance injurious to health, or of any overcrowding in
a house, or any other conditions affecting the health of the area, forthwith
inform the medical officer of health thereof;
(f) if directed by the medical officer of health to do so, superintend the removal
of any patient suffering from infectious disease to an infectious diseases
hospital, and superintend the work of disinfection after the occurrence of
cases of infectious disease;
(g) maintain adequate records of inspections carried out and the action taken
by him in the execution of his duties;
CAP. 242 [Rev. 2012]
Public Health
[Subsidiary]
[Issue 1] 232
(h) at all reasonable times, when requested by the medical officer of health,
render to him such information as the medical officer of health may require
with respect to any matter to which the duties of a health inspector relate;
(i) as soon as practicable after the 31st December in each year, submit to the
medical officer of health a full report on the sanitary circumstances of his
area during the year and such other particulars as he may deem fit or as
may be required by the medical officer of health.
12. With the consent of the Minister, a local authority may add to or vary the duties
prescribed in rules 10 and 11 of these Rules assigned respectively to a medical officer of
health in such manner as may appear to be expedient.
13. Nothing in these Rules shall prevent the local authority from making, with the
sanction of the Minister, and subject to such conditions as he may prescribe, a temporary
arrangement for the performance of all or any of the duties of a medical officer of health,
and any person appointed by virtue of such arrangement to perform these duties or any of
them shall, subject to the terms of his appointment, have all the powers and liabilities of a
duly appointed medical officer of health:
Provided that any person temporarily undertaking the duties of medical officer of
health shall be a medical practitioner.
[Rev. 2012] CAP. 242
Public Health
[Subsidiary]
233 [Issue 1]
PUBLIC HEALTH (PUBLIC MORTUARIES) RULES, 1991
[L.N. 205/1991, L.N. 535/1991.]
1. These Rules may be cited as the Public Health (Public Mortuaries) Rules, 1991 and
shall come into operation on the 1st July, 1991.
2. For the purposes of these Rules, “public mortuary” means a mortuary within a
Government medical institution where dead bodies are kept before burial.
3. (1) Subject to these Rules, no person shall keep the dead in a public mortuary for
more than ten days.
(2) Any person who fails to comply with the requirements of this Rule shall pay to the
Medical Officer of Health a penalty of one hundred shillings for each day the body remains
uncollected.
[L.N. 535/1991, r. 2.]
4. Where it is not practicable to remove the dead body within ten days after death due to
legal reasons the Medical Officer of Health must be informed in writing by the next of kin
within that period and the Medical Officer of Health shall give his ruling in writing.
5. Any person who fails to comply with any provisions of these Rules shall be guilty of an
offence and shall be liable to a fine not exceeding two thousand shillings or to
imprisonment for a term not exceeding six months or to both.
[Rev. 2012] CAP. 242
Public Health
[Subsidiary]
235 [Issue 1]
PUBLIC HEALTH (DISTRICT HEALTH MANAGEMENT BOARDS) RULES, 1992
[L.N. 162/1992, L.N. 170/1998.]
1. These Rules may be cited as the Public Health (District Health Management Boards)
Rules, 1992.
2. In these Rules—
“Board” means the District Health Management Board established under rule 3;
“Council” means a municipal or county established under the Local Government Act;
“hospital” includes a dispensary and health centre.
3. (1) The Minister may by notice in the Gazette, establish a District Health Management
Board for any District or for such areas as may be specified in the notice.
(2) A notice under this section shall specify the area in which the Board concerned
shall have jurisdiction.
(3) Each Board shall consist of not less than seven nor more than nine members
constituted as follows—
(a) a chairman appointed Minister from the members of the Board;
(b) the area District Commissioner or his representative;
(c) the following persons appointed by the Minister—
(i) one person with experience in finance and administration from within
the District;
(ii) two persons nominated by Non-Governmental Organisations
recognized by the Minister, one whom shall represent the interests of
religious and the other private services;
(iii) one person nominated by the Local Authority having jurisdiction over
the area;
(iv) not more than three persons to represent community interests; and
(v) the area Medical Officer of Health who shall be the secretary to the
Board.
(4) The members of the Board, other than the ex officio members, shall hold office for
a period of three years but shall be eligible for re-appointment.
(5) The Board shall exercise its powers and perform its duties notwithstanding any
vacancy in its membership.
(6) The Minister shall appoint one member of a Board to be the chairman and the
Board shall appoint the vice-chairman.
4. (1) The Board shall appoint from among its members three committees to deal with—
(a) finance and general purposes;
(b) quality of curative services; and
(c) public health care services.
(2) The Board may from time to time appoint from among the members of the public
ad hoc committees to provide technical and specialist advice to the Board.
CAP. 242 [Rev. 2012]
Public Health
[Subsidiary]
[Issue 1] 236
5. The functions of the Board shall be as follows—
(a) to superintend the management of hospital services;
(b) to support public health care programmes;
(c) to prepare and submit to the Minister for approval estimates of revenue and
development expenditures;
(d) to submit recommendations to the Minister on areas to levy user charges
under the cost sharing programme as provided for under the Exchequer and
Audit (Health Services Fund) Regulations, 1990;
(e) to tender advice to the Minister on plans for development or promotion of
the health services in the District and to carry out such plans if approved;
(f) to supervise, monitor and evaluate the management of the district health
services;
(g) to develop and implement plans for human resources development;
(h) to facilitate the development and establishment of systems, structures and
resources in the district in support of public health services;
(i) to ensure delivery of quality health services by all providers;
(j) to approve plans and budgets, secure the necessary finances and oversee
the implementation of quarterly or annual work plans;
(k) to submit such statistical, financial and other reports as the Minister may
require; and
(l) to fulfil such other functions as the Minister may prescribe;
[L.N. 170/1998, r. 2.]
6. (1) The Board shall hold meetings quarterly, and the committees of the Board shall
hold meetings at least once every two months.
(2) The meeting shall be presided over by the chairman or in his absence by the vice-
chairman.
(3) The quorum shall be five members one of whom shall be the secretary of the
Board.
(4) Subject to these Rules and save as otherwise may be prescribed, a Board shall
regulate its own procedure.
7. (1) A sitting allowance in an amount to be determined by the Minister shall be payable
to the members of the Board and its committees for all meetings attended.
(2) The members of the Board and its committees shall be entitled to reimbursement
of their costs of travel on official business upon production of receipts or mileage claim in
accordance with the existing regulations.
8. (1) A member shall vacate his position on the Board in the following circumstances—
(a) if the member is absent without reasonable explanation from not less than
four consecutive meetings of the Board;
(b) in the case of a member of Non-Governmental Organization, if he ceases to
hold the office by virtue of which his nomination was made;
(c) if the member is convicted of a criminal offence carrying the penalty of
imprisonment;
(d) if the member ceases to reside or practice in the District;
(e) if the Minister in his discretion resigns his appointment to the Board.
(2) The Minister may appoint another person eligible under these Rules to take place
of any person who vacates his position under paragraph (1).
[Rev. 2012] CAP. 242
Public Health
[Subsidiary]
237 [Issue 1]
PUBLIC HEALTH (FEES) RULES, 2001
[L.N. 112/2001.]
1. These Rules shall be cited as the Public Health (Fees) Rules, 2001.
2. The fees specified in the second column shall be payable for the services specified in
the first column of the schedule.
SCHEDULE
Services Fees
KSh.
(a) Inspection of new schools for licensing ...................................................... 3,000
(b) Approval of building plans—
(i) residential, single storey .................................................................. 1,000
(ii) residential, multi-storey ................................................................... 2,000
(iii) commercial, single storey ................................................................ 3,000
(iv) commercial, multi-storey ................................................................. 5,000
(c) Issuance of building occupation certificate ................................................. 1,000
(d) Vetting of land change of user applications / part development plan .. 1,000
(e) Issuance of health clearance for registered hotels and restaurants
camping settes, borders, commercial villain, cottages and other premises
used for accommodation, etc., for purposes of licensing under the Hotels
and Restaurants Act (Cap. 494) licensing .................................................. 2,000
(f) Annual health certificate for fish landing sheds .......................................... 1,500
(g) Issuance of health clearance for purposes of liquor licensing .................... 1,000
(h) Routine water or food sample analysis ....................................................... 1,000
(i) Disinfection, disinsecting or deratting of premises, aircrafts, vehicles and
ships ...........................................................................................................
30
per m2
(j) Issuance of health certificate for food export or import ............................... 1,000
(k) Vaccinations—
(i) Typhoid ........................................................................................... 400
(ii) Yellow Fever ................................................................................... 600
(iii) Cholera ............................................................................................ 400
[Rev. 2012] CAP. 242
Public Health
[Subsidiary]
239 [Issue 1]
NOTIFICATION OF AUTHORIZED CEMETERY
[L.N. 114/2003.]
IN EXERCISE of the powers conferred by section 144(1) of the Public Health Act
(Cap. 242), the Minister for Health declares the parcel of land specified in the Schedule to
be an authorized cemetery for a public cemetery:
Provided that such use shall be in conformity with the by-laws in relation thereto made
by the Town Council of Makuyu.
SCHEDULE
All that piece of land comprising Land Reference No. Makuyu/Kambiti/Block 2/430,
measuring approximately 0.2023 hectares, situated in Kambiti Location, Maragua District.
[Rev. 2012] CAP. 242
Public Health
[Subsidiary]
241 [Issue 1]
NOTIFICATION OF AUTHORIZED CEMETERY
[L.N. 153/2003.]
IN EXERCISE of the powers conferred by section 144(1) of the Public Health Act
(Cap. 242), the Minister for Health declares the parcel of land specified in the Schedule to
be an authorized cemetery for the exclusive use of the Missionary Benedictine Sisters:
Provided that such use shall be in conformity with the by-laws in relation thereto
made by the City Council of Nairobi.
SCHEDULE
All that piece of land comprising L.R. No. 25519 (original number 1159/314),
measuring approximately 0.4000 hectares, situated in Windy Ridge in the city of Nairobi,
and which is more particularly delineated in Land Survey Plan No. 237802, deposited at
the Survey Records Office, Nairobi.
[Rev. 2012] CAP. 242
Public Health
[Subsidiary]
243 [Issue 1]
PUBLIC HEALTH (TOBACCO PRODUCTS CONTROL) RULES, 2006
ARRANGEMENT OF RULES
PART I – PRELIMINARY
Rule
1. Citation.
2. Interpretation.
PART II – IMPORTATION, DISTRIBUTION, SALE AND ADVERTISING OF
TOBACCO PRODUCTS
3. Restriction on importation, sale and distribution.
4. Restriction on advertising.
5. Meaning of “clearly and prominently printed or broadcast”.
PART III – SMOKING IN PUBLIC PLACES
6. Smoking in public places.
7. Smoking in public vessels.
8. Display of signs in non-smoking areas.
9. Owner to ensure no smoking.
10. Public awareness campaigns.
11. Powers of the health officer.
12. Penalty.
13. Revocation of L.N. 122/1984 and L.N. 56/1990.
SCHEDULES
FIRST SCHEDULE
SECOND SCHEDULE – PUBLIC PLACES IN WHICH SMOKING IS
PROHIBITED
CAP. 242 [Rev. 2012]
Public Health
[Subsidiary]
[Issue 1] 244
PUBLIC HEALTH (TOBACCO PRODUCTS CONTROL) RULES, 2006
[L.N. 44/2006.]
PART I – PRELIMINARY
1. Citation
These Rules may be cited as the Public Health (Tobacco Products Control) Rules, 2006.
2. Interpretation
In these Rules, unless the context otherwise requires—
“advertisement” includes any commercial statement, communication,
representation or reference designed to or that have or are likely to have the effect of
promoting or publicising a tobacco product or encourage their use, or draw attention to
the nature, properties, advantages or uses of the product and includes the use in any
advertisement or promotion aimed at the public of a tobacco product manufacturer’s
company name where the name or any part of the name is used as or is included in a
tobacco product trade mark, and includes product stacking and product displays of any
kind or size;
“cigarette” means any product which consists wholly or partly of cut, shredded or
manufactured tobacco, or of any tobacco derivative or substitute, rolled up in paper
and capable of being used immediately for smoking;
“health officer” means any of the officers appointed under section 9 of the Act;
“media” means broadcast, print, electronic and any other avenues of
communicating to the public;
“Medical Department” means the Department established under section 10 of the Act;
“package” means the container, receptacle or wrapper in which tobacco products
are sold or distributed including the carton in which multiple packages are stored;
“public place” means any indoor, enclosed or partially enclosed area which is
open to the public or any part of the public and includes a workplace and a public
conveyance as well as the areas within five metres of any doorways or entrances of
the public place, workplace or conveyance;
“public vessel” means a public service vehicle, train, aircraft or any other means
of public transport domestically or internationally, whether publicly or privately owned
or operated;
“side stream” means smoke or other emissions released from a tobacco product
or the smoke exhaled by a person smoking a tobacco product;
“smoking” means inhaling or exhaling the smoke of any tobacco product and
includes the holding of, or control over any ignited tobacco product or device
containing an ignited tobacco product;
“tobacco product” means a product composed, in whole or in part, of tobacco,
including tobacco leaves and any extract of tobacco leaves intended for use by
smoking, inhalation, chewing, sniffing or sucking and includes cigarette papers, tubes,
and filters;
“workplace” means any place in which persons perform duties of employment or
work and includes private offices, common areas, and any other area which generally
is used during the course of employment or work.
[Rev. 2012] CAP. 242
Public Health
[Subsidiary]
245 [Issue 1]
PART II – IMPORTATION, DISTRIBUTION, SALE AND ADVERTISING OF
TOBACCO PRODUCTS
3. Restriction on importation, sale and distribution
(1) No person shall import, sell or distribute any tobacco product in Kenya unless the
package containing the product displays the warning set out in the First Schedule.
(2) The warning referred to in subrule (1) shall—
(a) be in both the English and Kiswahili languages;
(b) be clearly and prominently printed on all the packages of the tobacco
product comprising not less than 50% of the total surface area of the
package, parallel to the top edge of the package and located on the upper
portion of the front and rear panels of the package directly on the package
underneath the cellophane or other clear wrapping;
(c) be displayed on a principal display surface in a manner that ensures that
none of the words of the warning will be severed when the package is
opened;
(d) bear text that is black on a white background or white on a black
background in a manner that contrasts by typography, layout or colour with
all other printed material on the package.
(3) Any person who contravenes the provisions of this section shall be guilty of an
offence.
4. Restriction on advertising
(1) No person shall advertise any tobacco product unless such advertising—
(a) contains the warning as set out in the First Schedule;
(b) is, subject to paragraph (a), approved in writing by the Director of Medical
Services;
(2) The warning referred to in subrule (1) shall—
(a) be in the English and Kiswahili languages or such other languages as may
be applicable;
(b) be clearly and prominently printed or broadcast in the language applicable; and
(c) appear at the end of each broadcasted advertisement.
(3) any person who contravenes the provisions of this section shall be guilty of an
offence.
5. Meaning of “clearly and prominently printed or broadcast”
For purposes of this Part, a warning shall be deemed to be clearly and prominently
printed or broadcast if each word—
(a) is displayed on both the front and back of the cigarette packet or container;
(b) is of identical type;
(c) is white on a black background or black on a white background;
(d) is identically displayed; and
(e) is in boldface type.
CAP. 242 [Rev. 2012]
Public Health
[Subsidiary]
[Issue 1] 246
PART III – SMOKING IN PUBLIC PLACES
6. Smoking in public places
(1) No person shall smoke a tobacco product or hold a lighted tobacco product in an
enclosed indoor area of a public place specified in Part A of the Schedule.
(2) Notwithstanding the provisions of subrule (1), the Minister may by notice in the
Gazette prohibit or restrict smoking in specified outdoor public spaces where persons are
likely to congregate within close proximity to one another or where smoking may pose a
fire or other hazard;
(3) Any person who contravenes any of the provisions of this Rule shall be guilty of an
offence.
7. Smoking in public vessels
(1) No person shall smoke a tobacco product or hold a lighted tobacco product in a
public vessel.
(2) Any person who contravenes any of the provisions of this rule shall be guilty of an
offence.
8. Display of signs in non-smoking areas
(1) The owner or manager of a public place or any public vessel in which smoking is
prohibited under these Rules shall post clearly legible signs stating that smoking is
prohibited.
(2) The sign posted under subrule (1) shall—
(a) be at least 30cm by 25cm in dimension;
(b) bear text covering at least sixty percent of the sign and consisting only of
the words “NO SMOKING”;
(c) bear a sign of a cigarette in a red circle with a red line passing through the
cigarette diagonally from top left to bottom right or such other pictorial
representation;
(d) be in both English and Kiswahili languages separately;
(e) be displayed prominently all over the premises.
(3) Any person who contravenes any of the provisions of this rule shall be guilty of an
offence.
9. Owner to ensure no smoking
(1) The owner or manager of a public place or any public vessel in which smoking is
prohibited under these Rules shall take reasonable steps to ensure that smoking does not
take place in the place or vessel.
(2) Without prejudice to the generality of subrule (1), the owner or manager of the
premises may—
(a) ask the person who is smoking to immediately cease smoking;
(b) demand that the person smoking should leave the premises or vessel;
(c) seek the assistance of a health officer, police officer or such other officers
as may be lawfully authorized to enforce these Rules.
(3) A person who contravenes any of the provisions of this rule shall be guilty of an
offence.
[Rev. 2012] CAP. 242
Public Health
[Subsidiary]
247 [Issue 1]
10. Public awareness campaigns
(1) The Medical Department shall, in collaboration with other departments and
agencies, promote public awareness campaigns in the mass media relating to measures
to safeguard the health of non-smokers from second-hand smoke.
(2) Nothing in these rules shall serve to limit the powers of a local authority to make
by-laws for the protection of non-smokers from environmental and side stream smoke.
11. Powers of the health officer
A health officer may, in these Rules, exercise any or all of the powers conferred upon
him by the Act.
12. Penalty
Any person who is guilty of an offence under these Rules shall be liable upon
conviction to a fine not exceeding fifty thousand shillings or to imprisonment to a term not
exceeding six months or both.
13. Revocation of L.N. 122/1984 and L.N. 56/1990
The Public Health (Warning on Cigarette Smoking) Rules, 1982 (L.N. 122/1984, Sub.Leg.)
and the Public Health (Warning on Cigarette Advertisement) Rules, 1990 (L.N. 56/1990, Sub.
Leg.) (are revoked.
FIRST SCHEDULE
[Rules 3 and 4.]
“SMOKING KILLS”
“UVUTAJI SIGARA UNAUWA”
SECOND SCHEDULE
[Rule 6.]
PUBLIC PLACES IN WHICH SMOKING IS PROHIBITED
1. Offices and work places including corridors, lounges, eating areas, reception areas,
lifts, escalators, foyers, stairwells, toilets, laundries, amenity areas of such places.
2. Court buildings.
3. Factories.
4. Hospitals, clinics and other health institutions.
5. Educational institutions.
6. Children homes, residential houses and such other premises in which children are
cared for.
CAP. 242 [Rev. 2012]
Public Health
[Subsidiary]
[Issue 1] 248
7. Places of worship.
8. Prisons.
9. Police stations and cells.
10. Public vessels.
11. Airports, railway stations, airfields and other public transport terminals.
12. Markets, shopping malls and other retail establishments.
13. Cinemas, theatres and such other halls of performance.
14. Sports stadiums.
[Rev. 2012] CAP. 242
Public Health
[Subsidiary]
249 [Issue 1]
DECLARATION OF A CEMETARY, 2008
[L.N. 47/2008.]
IN EXERCISE of the powers conferred by section 144(1) of the Public Health Act
(Cap. 242), the Minister for Public Health and Sanitation appoints the land parcel,
particularly of which are set out in the schedule, to be an authorized cemetery.
SCHEDULE
Land Parcel No. Acreage Location
Nkuene/Taita/256 0.514 hectare Imenti South District
LAWS OF KENYA
PUBLIC HEALTH ACT
CHAPTER 242
Revised Edition 2012 [1986]
Published by the National Council for Law Reporting
with the Authority of the Attorney-General
www.kenyalaw.org
[Rev. 2012] CAP. 242
Public Health
3 [Issue 1]
CHAPTER 242
PUBLIC HEALTH ACT
ARRANGEMENT OF SECTIONS
PART I – PRELIMINARY
Section
1. Short title.
2. Interpretation.
PART II – ADMINISTRATION
3. Central Board of Health.
4. Appointments to be gazetted.
5. Filling vacancies.
6. Substitute members.
7. Rules as to meetings of board, etc.
7A. Committees.
7B. Establishment of district health management boards.
8. Functions of board.
9. Appointment and duties of officers.
10. Functions of Medical Department.
11. Power to direct inquiries.
12. Powers of persons directed to make inquiries.
13. General duties of health authorities.
14. Proceedings on complaint to board of municipal councils.
15. Minister to be consulted over municipal council by-laws.
16. Provisions of Act in relation to other Acts.
PART III – NOTIFICATION OF INFECTIOUS DISEASES
17. Application of Part.
18. Notification of infectious diseases.
19. Fees for certificates.
20. Manner of sending notices and certificates.
PART IV – PREVENTION AND SUPPRESSION OF INFECTIOUS DISEASES
A—General Provisions
21. Inspection of infected premises and examination of persons suspected to be
suffering from infectious disease.
22. Health authority to cause premises to be cleansed and disinfected.
23. Destruction of infected bedding, etc.
24. Provision of means of disinfection.
25. Provision of conveyance for infected persons.
26. Removal to hospital of infected persons.
27. Isolation of persons who have been exposed to infection.
28. Penalty for exposure of infected persons and things.
CAP. 242 [Rev. 2012]
Public Health
[Issue 1] 4
Section
29. Penalty for failing to provide for disinfection of public conveyance.
30. Penalty for letting infected house.
31. Duty of person letting house lately infected to give true information.
B—Hospitals
32. Power of municipal council to provide hospital.
33. Recovery of cost of maintaining patient in hospital.
34. Power to provide temporary supply of medicine.
C—Special Provisions Regarding Formidable Epidemic, Endemic or
Infectious Diseases
35. Formidable epidemic, endemic or infectious diseases.
36. Rules for prevention of disease.
37. Health authority to see to execution of rules.
38. Power of entry.
39. Repealed.
40. Notification of sickness or mortality in animals suspected of plague.
41. Medical officers of health to report notification of formidable epidemic diseases by
telegraph.
42. Director of Medical Services may requisition buildings, equipment, etc.
PART V – VENEREAL DISEASES
43. Venereal diseases.
44. Persons suffering from venereal disease to have themselves treated until cured.
45. Duties of medical practitioners.
46. Duties of parents or guardians of infected children.
47. Infection by employees.
48. Duties of medical officers of health and district surgeons to report, and powers of
magistrates.
49. Conveyance of infection an offence.
50. Detention in hospital of infected person.
51. Medical examination of inhabitants of localities where venereal disease believed
prevalent.
52. Examination of females.
53. Rights of persons detained in hospital.
54. Secrecy of proceedings.
55. Publication of advertisements of cures.
PART VI – PORTS AND INLAND BORDERS OF KENYA
56. Interpretation of Part.
57. Application of Act as regards vessels.
58. No communication between vessels and shore before granting of pratique.
59. Notification of infectious disease or death on board of vessel.
60. Powers of port health officer.
61. Notification to medical officers of health at ports.
62. Granting of restricted or conditional pratique to and quarantining of vessels.
63. Declaration of infected places, ports of entry, etc.
64. Master of vessel from proclaimed place to take precautionary measures.
[Rev. 2012] CAP. 242
Public Health
5 [Issue 1]
Section
65. Removal of quarantined vessels.
66. Master of vessel may decline to submit to quarantine or removal.
67. Removal of patient from vessel and treatment on shore.
68. Surveillance or isolation of persons who have been exposed to infection.
69. Burial of the bodies of persons dying on board of vessel.
70. Clearance papers may be withheld from vessels pending inquiry into offence.
71. Powers to enforce precautions at frontiers.
72. Agreements with either governments regarding reciprocal notification of outbreaks.
73. Rules concerning port health matters.
74. Orders, rules and penalties under Part.
75. Protection of Government.
PART VII – LEPROSY
76. Interpretation of Part.
77. Establishment of leper asylums.
78. Duty to notify suspected case of leprosy within specified area.
79. Magistrate to isolate suspect on notification.
80. Magistrate to arrange for medical examination.
81. Discharge of suspect if not affected.
82. Interim reception order in doubtful case.
83. Interim reception order and reports to be sent to Minister.
84. Voluntary submission to treatment of persons affected with leprosy.
85. Where Minister satisfied that person detained under interim reception order is
affected with leprosy.
86. Where Minister not satisfied that person detained under interim reception order is
affected with leprosy.
87. Minister may order discharge from asylum at any time.
88. Appointment of superintendent of asylum.
89. Duties of superintendents.
90. Intercourse of persons detained in asylums.
91. Suspects and detained lepers deemed to be in lawful custody.
92. Visiting of persons detained.
93. Cost of erection and maintenance of asylum to be defrayed out of public funds.
94. Superintendent may recover certain sums from inmates and allow private building.
95. Court may appoint manager of detained persons.
96. Cleansing and disinfecting of residence of persons isolated.
97. Photographing of persons confined in asylums.
98. Penalties for contravention of Part.
99. Rules under Part.
100. Examination and report of one medical practitioner to suffice temporarily where two
not available.
101. Police officer to execute orders under Act.
102. Private asylums.
CAP. 242 [Rev. 2012]
Public Health
[Issue 1] 6
PART VIII – PREVENTION OF THE SPREAD OF SMALLPOX
Section
103. Interpretation of Part.
104. Vaccination of children.
105. Vaccination of persons entering Kenya.
106. Emergency vaccination of population in area threatened with smallpox.
107. Person unfit for vaccination.
108. Person insusceptible of successful vaccination.
109. Certificate to be given for successful vaccination.
110. No fee to be charged by public vaccinator, and certificate to contain description of
person vaccinated.
111. Vaccination of inmates of institutions.
112. School children to be vaccinated.
113. Prohibited methods of inoculation.
114. Rules.
PART IX – SANITATION AND HOUSING
115. Nuisances prohibited.
116. Local authorities to maintain cleanliness and prevent nuisances.
117. Health authorities to prevent or remedy danger to health from unsuitable dwellings.
118. What constitutes nuisance.
119. Notice to remove nuisance.
120. Procedure if owner fails to comply with notice.
121. Penalty respecting nuisances.
122. Court may order health authority to execute works in certain cases.
123. Examination of premises.
124. Demolition of unfit dwellings.
125. Duty of department as to overcrowding, etc.
126. Rules under Part.
126A. By-laws as to buildings and sanitation.
126B. Power to relax requirements of building by-laws.
126C. Passing or rejection of plans and retention of plans, etc.
126D. Power to require removal or alteration of work in certain cases.
PART X – PROTECTION OF FOODSTUFFS
127. Construction and regulation of buildings used for storage of foodstuffs.
128. Prohibition of residing or sleeping in kitchens or food stores.
PART XI – PUBLIC WATER SUPPLIES, MEAT, MILK AND OTHER
ARTICLES OF FOOD
129. Duty of local authority as to protection of water supplies.
130. Rules for protection of water supplies.
131. Sale of unwholesome food prohibited.
132. Seizure of unwholesome foods.
133. Penalty respecting unwholesome food.
[Rev. 2012] CAP. 242
Public Health
7 [Issue 1]
Section
134. Rules for protection of food.
135. Orders for protection of food.
135A. Powers of certain municipal councils respecting milk, etc.
PART XII – PREVENTION AND DESTRUCTION OF MOSQUITOES
136. Breeding places of mosquitoes to be nuisances.
137. Yards to be kept free from bottles, whole or broken, etc.
138. Premises not to be overgrown.
139. Wells, etc., to be covered.
140. Cesspits to be screened.
141. Gutters may be required to be perforated.
142. Larvae, etc., may be destroyed.
143. Mere presence of mosquito larvae an offence.
PART XIII – CEMETERIES
144. Dead to be buried in appointed cemeteries.
145. Authorized cemeteries.
146. Permit to exhume.
147. Exhumation needed for execution of public works may be ordered.
148. Record of permits and orders for exhumation.
149. Closing of cemeteries.
150. Reimbursement of expenses to the board.
PART XIV – GENERAL
151. Basements not to be occupied without permission.
152. Regulation of lodging-houses.
153. Regulation of nursing homes, etc.
154. Markets.
155. Board may apply for additional public latrines on unleased public land.
156. Regulation of public washermen.
157. Control of irrigated land, and rules for the regulation of standing or running water.
158. Supervision of importation or manufacture of vaccines, etc.
PART XV – MISCELLANEOUS PROVISIONS
159. Notices, etc., may be printed or written.
160. Service of notices, etc.
161. Power and duties of officers of department.
162. Defect in form not to invalidate notices, etc.
163. Powers of entry and inspection of premises and penalties for obstruction.
164. Penalty where not expressly provided.
165. Liability of secretary or manager of company.
166. Proceedings against several persons.
167. Prosecutions.
CAP. 242 [Rev. 2012]
Public Health
[Issue 1] 8
Section
168. Power of municipal council outside its area.
168A. Power of municipal councils respecting mosquitoes, flies, etc.
169. General power to make rules.
SCHEDULE
[Rev. 2012] CAP. 242
Public Health
9 [Issue 1]
CHAPTER 242
PUBLIC HEALTH ACT
[Date of Commencement: 6th September, 1921.]
An Act of Parliament to make provision for securing and maintaining health
[Cap. 130 of (1948), Act No. 39 of 1956, L.N. 187/1956, L.N. 188/1956, L.N. 172/1960,
L.N. 173/1960, Act No. 28 of 1961, Act No. 36 of 1962, Act No. 44 of 1962, L.N. 142/1963,
L.N. 256/1963, L.N. 2/1964, L.N. 365/1964, Act No. 21 of 1966, L.N. 41/1970, Act No. 14 of 1971,
Act No. 16 of 1977, Act No. 15 of 1990, Act No. 2 of 2002, Act No. 17 of 2006, Act No. 12 of 2012.]
PART I – PRELIMINARY
1. Short title
This Act may be cited as the Public Health Act.
2. Interpretation
In this Act, unless the context otherwise requires—
“adult” means a person of eighteen years of age or over;
“approved” and “prescribed” means respectively approved or
prescribed by the Minister or the board or by the appointed officers or by the
regulations framed under this Act as the case may be;
“basement” means any cellar, vault or underground room;
“board” means the Central Board of Health constituted under section 3;
“building” includes any structure whatsoever for whatever purpose used;
“burial” means burial in earth, interment or any other form of sepulture, or
the cremation or any other mode of disposal of a dead body, and “buried”
has a corresponding meaning;
“child” means a person under eighteen years of age;
“commercial area” means any area in any municipality, township or
district which the Minister may, by order, define;
“dairy” means any farmhouse, cow-shed, milk-shop, milk-store or other
place from which milk is supplied on, or for, sale, or in which milk is kept or
used for purposes of sale or in which only surplus milk is manufactured into
butter or cheese, or in which vessels used for the sale of milk are kept, but
does not include premises from which milk is not supplied otherwise than in
receptacles which are properly closed and sealed on delivery to the premises
and which remain properly closed and sealed during the whole time from their
delivery to the premises until their removal by the purchaser;
“dairyman” includes any cow-keeper, purveyor of milk or occupier of a
dairy, and, in cases where a dairy is owned by a corporation or company, the
secretary or other person actually managing the dairy;
“drain” means any drain used for the drainage of one building only, or of
premises within the same curtilage and made merely for the purpose of
CAP. 242 [Rev. 2012]
Public Health
[Issue 1] 10
communicating therefrom with a cesspool or other like receptacle for
drainage, or with a sewer into which the drainage of two or more buildings or
premises occupied by different persons is conveyed;
“drainage authority” means the Ministry of Works or any other authority
that the Minister may appoint for any particular area;
“dwelling” means any house, room, shed, hut, cave, tent, vehicle, vessel
or boat or any other structure or place whatsoever, any portion whereof is
used by any human being for sleeping or in which any human being dwells;
“factory” means any building or part of a building in which machinery is
worked by steam, water, electricity or other mechanical power, for the
purposes of trade;
“food” means any article used for food or drink other than drugs or water,
and any article intended to enter into or be used in the preparation of such
food, and flavouring matters and condiments;
“guardian” means any person having by reason of the death, illness,
absence or inability of the parent or any other cause the custody of a child;
“health authority”, in relation to the area of a municipality, means the
municipal council of the municipality concerned, and, in relation to any other
area, means the Minister;
“infected” means suffering from, or in the incubation stage of, or
contaminated with the infection of, any infectious or communicable disease;
“infectious disease” means any disease (not including any venereal
disease except gonorrhoeal ophthalmia) which can be communicated directly
or indirectly by any person suffering therefrom to any other person;
“isolation” means the segregation and the separation from and
interdiction of communication with others, of persons who are or are
suspected of being infected; “isolated” has a corresponding meaning;
“keeper of a lodging-house” means any person licensed to keep a
lodging-house;
“land” includes any right over or in respect of immovable property;
“latrine” includes privy, urinal, earth-closet and water-closet;
“lodging-house” means a building or part of a house including the
veranda thereof, if any, which is let or sublet in lodgings or otherwise, either
by storeys, by flats, by rooms or by portions of rooms;
“magistrate” means any magistrate empowered to hold a subordinate
court of the first, second or third class;
“meat inspector” means any person employed by a health authority to
inspect any meat;
“medical officer of health” means—
(a) the Director of Medical Services; and
(b) in relation to the area of any municipality, the duly appointed
medical officer of health of the municipality including a public officer
seconded by the Government to hold such office; and
[Rev. 2012] CAP. 242
Public Health
11 [Issue 1]
(c) in relation to any other area a medical officer of health appointed by
the Minister for that area;
“medical observation” means the segregation and detention of persons
under medical supervision;
“medical surveillance” means the keeping of a person under medical
supervision; persons under such surveillance may be required by the medical
officer of health or any duly authorized officer to remain within a specified area
or to attend for medical examination at specified places and times;
“the Minister” means the Minister for the time being responsible for
matters relating to Health;
“occupier” includes any person in actual occupation of land or premises
without regard to the title under which he occupies and in case of premises
subdivided and let to lodgers or various tenants the person receiving the rent
payable by the lodgers or tenants whether on his own account or as an agent
for any person entitled thereto or interested therein;
“offensive trade” includes the trades of blood-boiler, bone-boiler, fell-
monger, soap-boiler, tallow-melter and tripe-boiler, and any other noxious or
offensive trade, business or manufacture whatsoever;
“this Act” includes any rules or order made thereunder;
“owner”, as regards immovable property, includes any person, other than
the Government, receiving the rent or profits of any lands or premises from
any tenant or occupier thereof or who would receive such rent or profits if
such land or premises were let whether on his own account or as agent for
any person, other than the Government, entitled thereto or interested therein;
the term includes any lessee or licensee from the Government and any
superintendent, overseer or manager of such lessee or licensee residing on
the holding;
“parent” means the father and the mother of a child, whether legitimate or not;
“premises” includes any building or tent together with the land on which
the same is situated and the adjoining land used in connexion therewith, and
includes any vehicle, conveyance or vessel;
“public building” means a building used or constructed or adapted to be
used either ordinarily or occasionally as a place of public worship or as a
hospital, college, school, theatre, public hall or as a public place of assembly
for persons admitted by ticket or otherwise, or used or adapted to be used for
any other public purpose;
“public latrine” means any latrine to which the public are admitted on
payment or otherwise;
“rules” includes regulations and by-laws made or deemed to be made
under this Act;
“slaughterhouse” means any premises set aside for the purpose of the
slaughter of animals for human consumption;
“stock” means all domesticated animals of which the flesh or milk is used
for human consumption;
CAP. 242 [Rev. 2012]
Public Health
[Issue 1] 12
“street” means any highway, road or sanitary lane, or strip of land
reserved for a highway, road or sanitary lane, and includes any bridge,
footway, square, court, alley or passage whether a thoroughfare or not, or a
part of one;
“trade premises” means any premises (other than a factory) used or
intended to be used for carrying on any trade or business;
“veranda” includes any stage, platform or portico projecting from the main
wall of any building;
“veterinary officer” means a veterinary surgeon in the employment of the
Government;
“workshop” means any building or part of a building in which manual
labour is exercised for purposes of trade.
[L.N. 187/1956, Sch., L.N. 172/1960, Sch., Act No. 28 of 1961, Sch., Act No. 36 of 1962, Sch.,
L.N. 256/1963, Fourth Sch., Act No. 21 of 1966, First Sch., L.N. 41/1970, Sch.]
PART II – ADMINISTRATION
3. Central Board of Health
(1) There shall be established a Central Board of Health (hereinafter referred
to as the board), having its seat at Nairobi, which shall consist of the Director of
Medical Services (who shall be chairman), a sanitary engineer, or such person
as may be appointed by the Minister to perform the duties of sanitary engineer, a
secretary, and such other person or persons not exceeding six (three of whom
shall be medical practitioners) as are appointed from time to time by the Minister.
(2) In the absence of the Director of Medical Services the board shall elect a
chairman from the members present.
[L.N. 187/1956, Sch., L.N. 172/1960, Sch.]
4. Appointments to be gazetted
The names of all members appointed to the board shall be forthwith notified in
the Gazette and any number of the Gazette containing a notice of any such
appointment shall be deemed sufficient evidence thereof for all purposes.
5. Filling vacancies
The Minister shall, as soon as possible, fill up vacancies occurring in the
board, but the board shall continue to exercise its powers as long as there shall
remain on the board at least five members of whom the Director of Medical
Services is one.
[L.N. 187/1956, Sch., L.N. 172/1960, Sch.]
6. Substitute members
If any member of the board is at any time prevented by absence or other
cause from acting, the Minister may appoint some other person to replace such
member until he returns or is able to resume his functions.
[L.N. 187/1956, Sch., L.N. 172/1960, Sch.]
[Rev. 2012] CAP. 242
Public Health
13 [Issue 1]
7. Rules as to meetings of board, etc.
The Minister may make rules as to the convening and holding meetings of the
board, the quorum thereof, the procedure thereat, allowances payable to
members thereof and the circumstances in which any member shall vacate his
membership.
[L.N. 188/1956, Sch., L.N. 173/1960, Sch.]
7A. Committees
The board may appoint committees, whether of its own members or
otherwise, to carry out general or specific functions as may be specified by the
board and may delegate to any such committee such of its powers as the board
may deem appropriate.
[Act No. 15 of 1990, s. 2.]
7B. Establishment of district health management boards
(1) There shall be established a district health management board in each
district which shall be charged with responsibility of overseeing the running of
Government health institutions in that district.
(2) The Minister may make rules as to the composition of the district health
management boards, the convening and holding of meetings of the boards, the
procedure thereat, allowances payable to members thereof and the
circumstances in which any member shall vacate his membership.
[Act No. 15 of 1990, s. 2.]
8. Functions of board
The functions of the board shall be to advise the Minister upon all matters
affecting the public health, and particularly upon all matters mentioned in
subsection (2) of section 10.
[Act No. 28 of 1961, Sch., L.N. 256/1963, 4th Sch.]
9. Appointment and duties of officers
(1) There shall from time to time be appointed a Director of Medical Services,
a Deputy Director of Medical Services, assistant directors of medical services,
medical officers of health, assistant medical officers of health, medical officers,
pathologists, health inspectors, port health officers and such other officers as
may be deemed necessary.
(2) Notwithstanding subsection (1), any municipal council may, with the
approval of the Minister, and shall if so directed by the Minister for the time being
responsible for Local Government with the approval of the Minister, appoint for its
area a medical officer of health and such deputy and assistant medical officers of
health and such health inspectors as it may deem necessary.
(3) The Minister, in consultation with the Minister for the time being
responsible for Local Government, may prescribe the qualifications to be held by,
the mode and terms of engagement of, and the duties to be performed by, all or
any of the officers and inspectors referred to in subsection (1).
(4) Every medical officer and every medical officer of health appointed under
this section shall be a medical practitioner.
CAP. 242 [Rev. 2012]
Public Health
[Issue 1] 14
(5) The officers appointed under this section shall carry out such duties in
relation to public health as the Director of Medical Services may respectively
assign to them.
(6) The Director of Medical Services or Deputy Director of Medical Services
or any assistant director of medical services, medical officer of health, assistant
medical officer of health, port health officer or health inspector acting on his
authority and behalf shall also make any necessary inquiries and inspections in
regard to or advise local authorities on any matter incidental to public health.
[Act No. 44 of 1962, Sch., L.N. 365/1964, Sch., L.N. 41/1970, Sch.]
10. Functions of Medical Department
(1) There shall be a department, to be known as the Medical Department,
which shall be under the control of the Director of Medical Services.
(2) The functions of the Medical Department shall be, subject to the
provisions of this Act, to prevent and guard against the introduction of infectious
disease into Kenya from outside; to promote the public health and the prevention,
limitation or suppression of infectious, communicable or preventable disease
within Kenya; to advise and direct local authorities in regard to matters affecting
the public health; to promote or carry out researches and investigations in
connexion with the prevention or treatment of human diseases; to prepare and
publish reports and statistical or other information relative to the public health;
and generally to carry out in accordance with directions the powers and duties in
relation to the public health conferred or imposed by this Act.
(3) It shall be the duty of the department to obtain and publish periodically
such information regarding infectious disease and other health matter in Kenya,
and such procurable information regarding epidemic disease in territories
adjacent to Kenya or in other countries, as the interests of the public health may
require.
11. Power to direct inquiries
The Minister may, on the advice of the board or of the Medical Department,
cause to be made such inquiries as he may see fit in relation to any matters
concerning the public health in any place.
[Act No. 28 of 1961, Sch.]
12. Powers of persons directed to make inquiries
When an inquiry is directed to be made by the Minister, the person directed to
make the same shall have free access to all books, plans, maps, documents and
other things relevant to the inquiry, and shall have in relation to witnesses and
their examination and the production of documents similar powers to those
conferred upon magistrates by the Criminal Procedure Code (Cap. 75), and may
enter and inspect any building, premises or place the entry or inspection whereof
appears to him requisite for the purpose of such inquiry.
[Act No. 28 of 1961, Sch.]
13. General duties of health authorities
It shall be the duty of every health authority to take all lawful, necessary and,
under its special circumstances, reasonably practicable measures for preventing
the occurrence or dealing with any outbreak or prevalence of any infectious,
[Rev. 2012] CAP. 242
Public Health
15 [Issue 1]
communicable or preventable disease, to safeguard and promote the public
health and to exercise the powers and perform the duties in respect of the public
health conferred or imposed on it by this Act or by any other law.
[L.N. 256/1963, Fourth Sch., L.N. 41/1970, Sch.]
14. Proceedings on complaint to board of municipal councils
(1) Whenever complaint is made to the board that the public health in any
locality is endangered by the failure or refusal on the part of any municipal
council to exercise its powers or perform the duties devolving upon it under this
Act or any other Act which it is its duty to enforce, the Minister on the
recommendation of the board, if satisfied after due inquiry that the municipal
council has been guilty of the alleged default, may make an order directing the
municipal council to perform its duty in the matter of such complaint, and
prescribing a time for such performance.
(2) If the duty is not performed within the time prescribed in the order, the
Minister may appoint some person to perform the duty, and shall by order direct
that the expense of performing the same, together with a reasonable
remuneration to the person appointed for superintending such performance, and
amounting to a sum specified in the order, shall be paid by the municipal council
in default, and any order made for the payment of such expenses and costs may
be recovered in a court of competent jurisdiction.
(3) Any person appointed under this section to perform the duty of a
defaulting municipal council shall, in the performance and for the purposes of that
duty, have all the powers of such municipal council, other than the powers of
levying rates vested in any municipal council pursuant to the provision of any Act
in that behalf; and the Minister may from time to time by order change any
person so appointed.
[L.N. 187/1956, Sch., L.N. 172/1960, Sch., Act No. 28 of 1961, Sch., L.N. 256/1963, Fourth Sch.,
L.N. 41/1970, Sch.]
15. Minister to be consulted over municipal council by-laws
The Minister for the time being responsible for Local Government shall, before
approving any by-law made by a municipal council affecting public health, obtain
the agreement of the Minister for the time being responsible for Health.
[L.N. 187/1956, Sch., L.N 172/1960, Sch., L.N. 256/1963, Fourth Sch., L.N. 41/1970, Sch.]
16. Provisions of Act in relation to other Acts
(1) Except as is specially provided in this Act, the provisions of this Act shall
be deemed to be in addition to and not in substitution for any provisions of any
other Act which are not in conflict or inconsistent with this Act.
(2) If the provisions of any earlier Act are in conflict or inconsistent with this
Act, the provisions of this Act shall prevail.
PART III – NOTIFICATION OF INFECTIOUS DISEASES
17. Application of Part
(1) The provisions of this Act, unless otherwise expressed, shall, so far as
they concern notifiable infectious diseases, apply to smallpox, plague, cholera,
scarlatina or scarlet fever, typhus fever, diphtheria or membranous croup,
measles, whooping-cough, erysipelas, puerperal fever (including septicaemia,
CAP. 242 [Rev. 2012]
Public Health
[Issue 1] 16
pyaemia, septic pelvic cellulitis or other serious septic condition occurring during
the puerperal state), enteric or typhoid fever (including para-typhoid fever),
epidemic cerebro-spinal meningitis or cerebro-spinal fever, acute poliomyelitis,
leprosy, anthrax, glanders, rabies, malta fever, sleeping sickness or human
trypanosomiasis, beri-beri, yaws and all forms of tuberculosis which are clinically
recognizable apart from reaction to the tuberculin test.
(2) The Minister may, by notice in the Gazette—
(a) declare that any infectious disease other than those specified in
subsection (1) shall be notifiable diseases under this Act;
(b) declare that only such provisions of this Act as are mentioned in
such notice shall apply to any notifiable infectious disease;
(c) restrict the provisions of this Act, as regards the notification of any
disease, to any area defined in such notice.
[L.N. 187/1956, Sch., L.N. 172/1960, Sch., L.N. 41/1970, Sch.]
18. Notification of infectious diseases
(1) Where an inmate of any building used for human habitation is suffering
from any notifiable infectious disease, unless such building is a hospital in which
persons suffering from any notifiable infectious disease are received, the
following provisions shall have effect—
(a) the head of the family to which such inmate (in this Act referred to
as the patient) belongs, and in his default the nearest relatives of the
patient present in the building or in their default the person in charge
of or in attendance on the patient, and in default of any such person
the occupier of the building, shall, as soon as he becomes aware
that the patient is suffering from any notifiable infectious disease to
which this Act applies, send notice thereof to the nearest medical
officer of health;
(b) every medical practitioner attending on or called in to visit the
patient shall forthwith on becoming aware that the patient is
suffering from any notifiable infectious disease to which this Act
applies send the nearest medical officer of health a certificate
stating the name of the patient, the situation of the building and the
notifiable infectious disease from which, in the opinion of such
medical practitioner, the patient is suffering; and shall also inform
the head of the household or the occupier of the premises or any
person in attendance on such patient of the infectious nature of the
disease and the precautions to be taken to prevent its conveyance
to others;
(c) in any case in which a medical practitioner has been called in, the
obligation to notify an infectious disease shall rest on such medical
practitioner only;
(d) every medical practitioner who becomes aware, by post-mortem
examination or otherwise, that any person has died of a notifiable
infectious disease shall immediately furnish a written certificate
thereof to the nearest medical officer of health, and shall also inform
the head of the household or the occupier of the premises or any
[Rev. 2012] CAP. 242
Public Health
17 [Issue 1]
person who has been in attendance on such diseased person of the
infectious nature of the disease and the precautions to be taken to
prevent its conveyance to others.
(2) Every person required by this section to give a notice or certificate and
who fails to give the same shall be guilty of an offence and liable to a fine not
exceeding eighty shillings:
Provided that if a person is not required to give notice in the first instance,
but only in default of some other person, he shall not be guilty of an offence if he
satisfies the court that he had reasonable cause to suppose that the notice had
been duly given.
19. Fees for certificates
The health authority shall pay to every medical practitioner, other than a
Government medical officer, for each certificate duly sent by him in accordance
with this Act a fee of four shillings if the case occurs in his private practice.
[L.N. 256/1963, Fourth Sch., L.N. 41/1970, Sch.]
20. Manner of sending notices and certificates
A notice or certificate to be sent to a medical officer of health in pursuance of
this Act may be sent by being delivered to the officer or being left at his office or
residence, or may be sent by post addressed to him at his office or his residence.
PART IV – PREVENTION AND SUPPRESSION OF INFECTIOUS
DISEASES
A—General Provisions
21. Inspection of infected premises and examination of persons
suspected to be suffering from infectious disease
A medical officer of health may at any time enter and inspect any premises in
which he has reason to believe that any person suffering or who has recently
suffered from any infectious disease is or has recently been present, or any
inmate of which has recently been exposed to the infection of any infectious
disease, and may medically examine any person in such premises for the
purpose of ascertaining whether such person is suffering or has recently suffered
from any such disease.
22. Health authority to cause premises to be cleansed and disinfected
(1) Where any medical officer of health is of opinion that the cleansing and
disinfecting of any building or part thereof, and of any articles therein likely to
retain infection, would tend to prevent or check infectious disease, it shall be his
duty to give notice in writing to the owner or occupier of such building or part
thereof, specifying the steps to be taken to cleanse and disinfect such building or
part thereof and articles within a time specified in such notice.
(2) If the person to whom notice is so given fails to comply therewith, he shall
be guilty of an offence and liable to a fine not exceeding two hundred shillings for
every day during which he continues to make default; and the health authority or
medical officer of health may cause such building or part thereof and articles to
be cleansed and disinfected, and may recover the expenses incurred from the
owner or occupier in default as a civil debt recoverable summarily.
CAP. 242 [Rev. 2012]
Public Health
[Issue 1] 18
(3) Where the owner or occupier of any such building or part thereof is from
poverty or otherwise unable, in the opinion of the health authority or the medical
officer of health, effectually to carry out the requirements of this section, such
authority may, without enforcing such requirements on such owner or occupier,
with or without his consent, enter, cleanse and disinfect such building or part
thereof and articles, and defray the expenses thereof.
[L.N. 256/1963, Fourth Sch., L.N. 41/1970, Sch.]
23. Destruction of infected bedding, etc.
Any health authority may direct the destruction of any building, bedding,
clothing or other articles which have been exposed to infection from any
infectious disease, or in the opinion of the medical officer of health are infected,
and may give compensation for the same.
[L.N. 256/1963, Fourth Sch., L.N. 41/1970, Sch.]
24. Provision of means of disinfection
Any health authority may provide a proper place, with all necessary apparatus
and attendance, for the disinfection of bedding, clothing or other articles which
have become infected, and may cause any articles brought for disinfection to be
disinfected free of charge, and any such direction shall be sufficient authority for
a medical officer of health or sanitary inspector or person authorized thereto to
destroy the same.
[L.N. 256/1963, Fourth Sch., L.N. 41/1970, Sch.]
25. Provision of conveyance for infected persons
Any health authority may provide and maintain a carriage or carriages suitable
for the conveyance of persons suffering from any infectious disease, and may
pay the expenses of conveying therein any person so suffering to a hospital or
other place of destination.
[L.N. 256/1963, Fourth Sch., L.N. 41/1970, Sch.]
26. Removal to hospital of infected persons
Where, in the opinion of the medical officer of health, any person certified by a
medical practitioner to be suffering from an infectious disease is not
accommodated or is not being treated or nursed in such manner as adequately
to guard against the spread of the disease, such person may, on the order of the
medical officer of health, be removed to a hospital or temporary place which in
the opinion of the medical officer of health is suitable for the reception of the
infectious sick and there detained until such medical officer of health or any
medical practitioner duly authorized thereto by the local authority is satisfied that
he is free from infection or can be discharged without danger to the public health.
[L.N. 256/1963, Fourth Sch., L.N. 41/1970, Sch.]
27. Isolation of persons who have been exposed to infection
Where, in the opinion of the medical officer of health, any person has recently
been exposed to the infection, and may be in the incubation stage, of any
notifiable infectious disease and is not accommodated in such manner as
adequately to guard against the spread of the disease, such person may, on a
certificate signed by the medical officer of health, be removed, by order of a
magistrate and at the cost of the local authority of the district where such person
[Rev. 2012] CAP. 242
Public Health
19 [Issue 1]
is found, to a place of isolation and there detained until, in the opinion of the
medical officer of health, he is free from infection or able to be discharged without
danger to the public health, or until the magistrate cancels the order.
28. Penalty for exposure of infected persons and things
Any person who—
(a) while suffering from any infectious disease, wilfully exposes himself
without proper precautions against spreading the said disease in
any street, public place, shop, inn or public conveyance, or enters
any public conveyance without previously notifying the owner,
conductor or driver thereof that he is so suffering; or
(b) being in charge of any person so suffering, so exposes such
sufferer; or
(c) gives, lends, sells, transmits or exposes, without previous
disinfection, any bedding, clothing, rags or other things which have
been exposed to infection from any such disease,
shall be guilty of an offence and liable to a fine not exceeding thirty thousand
shillings or to imprisonment for a term not exceeding three years or to both; and
a person who, while suffering from any such disease, enters any public
conveyance without previously notifying the owner or driver that he is so suffering
shall in addition be ordered by the court to pay such owner and driver the amount
of any loss and expenses they may incur in carrying into effect the provisions of
this Act with respect to disinfection of the conveyance:
Provided that no proceedings under this section shall be taken against
persons transmitting with proper precautions any bedding, clothing, rags or other
things for the purpose of having the same disinfected.
[Act No. 2 of 2002, Sch.]
29. Penalty for failing to provide for disinfection of public conveyance
Every owner or driver of a conveyance shall immediately provide for the
disinfection of such conveyance after it has to his knowledge conveyed any
person suffering from an infectious disease; and if he fails to do so he shall be
guilty of an offence and liable to a fine not exceeding forty thousand shillings; but
no such owner or driver shall be required to convey any persons so suffering until
he has been paid a sum sufficient to cover any loss or expenses incurred by him
in carrying into effect the provisions of this section.
[Act No. 2 of 2002, Sch.]
30. Penalty for letting infected house
(1) Any person who knowingly lets for hire any dwelling or premises or part
thereof in which any person has been suffering from an infectious disease
without having the same and all articles therein liable to retain infection efficiently
disinfected to the satisfaction of a medical officer of health as testified by a
certificate signed by him shall be guilty of an offence and liable to a fine not
exceeding eighty thousand shillings.
(2) This section shall apply to any owner or keeper of an hotel or boarding-
house who lets any room or part thereof to any person.
[Act No. 2 of 2002, Sch.]
CAP. 242 [Rev. 2012]
Public Health
[Issue 1] 20
31. Duty of person letting house lately infected to give true information
Any person letting for hire or showing for the purpose of letting for hire any
dwelling or premises or part thereof who, on being questioned by any person
negotiating for the hire of such house as to the fact of there being or within six
weeks previously having been therein any person suffering from any infectious
disease, knowingly makes a false answer to such question shall be guilty of an
offence and liable to a fine not exceeding one thousand shillings.
B—Hospitals
32. Power of municipal council to provide hospital
(1) Any municipal council with the sanction of the board may provide for the
use of the inhabitants of its area hospitals or temporary places for the reception
of the sick, and for that purpose may—
(a) themselves build such hospitals or places of reception; or
(b) contract for the use of any such hospital or part of a hospital or
place of reception; or
(c) enter into any agreement with any person having the management
of any hospital, for the reception of the sick inhabitants of their area,
on payment of such annual or other sum as may be agreed on.
(2) Deleted by L.N. 41/1970, Sch..
[L.N. 41/1970, Sch.]
33. Recovery of cost of maintaining patient in hospital
Any expenses incurred by a municipal council in maintaining in a hospital, or
in a temporary place for the reception of the sick (whether or not belonging to
such hospital), a patient who is not a pauper shall be deemed to be a debt due
from such patient to the municipal council, and may be recovered from him after
his discharge from such hospital or place of reception, or from his estate in the
event of his dying in such hospital or place.
[L.N. 41/1970, Sch.]
34. Power to provide temporary supply of medicine
Any municipal council may, with the sanction of the board, themselves provide
or contract with any person to provide a temporary supply of medicine and
medical assistance for the poorer inhabitants of their district, but may at their
discretion charge for the same.
[L.N. 41/1970, Sch.]
C—Special Provisions Regarding Formidable Epidemic, Endemic or
Infectious Diseases
35. Formidable epidemic, endemic or infectious diseases
The provisions of this Act, unless otherwise expressed, in so far as they
concern formidable epidemic, endemic or infectious disease, shall be deemed to
apply to smallpox, plague, Asiatic cholera, yellow fever, sleeping sickness or
human trypanosomiasis and any other disease which the Minister may, by order,
declare to be a formidable epidemic disease for the purpose of this Act.
[Act No. 28 of 1961, Sch.]
[Rev. 2012] CAP. 242
Public Health
21 [Issue 1]
36. Rules for prevention of disease
Whenever any part of Kenya appears to be threatened by any formidable
epidemic, endemic or infectious disease, the Minister may make rules for all or
any of the following purposes, namely—
(a) the speedy interment of the dead;
(b) house to house visitation;
(c) the provision of medical aid and accommodation, the promotion of
cleansing, ventilation and disinfection and guarding against the
spread of disease;
(d) preventing any person from leaving any infected area without
undergoing all or any of the following, namely, medical examination,
disinfection, inoculation, vaccination or revaccination and passing a
specified period in an observation camp or station;
(e) the formation of hospitals and observation camps or stations, and
placing therein persons who are suffering from or have been in
contact with persons suffering from infectious disease;
(f) the destruction or disinfection of buildings, furniture, goods or other
articles, which have been used by persons suffering from infectious
disease, or which are likely to spread the infection;
(g) the removal of persons who are suffering from an infectious disease
and persons who have been in contact with such persons;
(h) the removal of corpses;
(i) the destruction of rats, the means and precautions to be taken on
shore or on board vessels for preventing them passing from vessels
to the shore or from the shore to vessels, and the better prevention
of the danger of spreading infection by rats;
(j) the regulation of hospitals used for the reception of persons
suffering from an infectious disease and of observation camps and
stations;
(k) the removal and disinfection of articles which have been exposed to
infection;
(l) prohibiting any person living in any building or using any building for
any other purposes whatsoever, if in the opinion of the medical
officer of health any such use is liable to cause the spread of any
infectious disease; and any rule made under this paragraph may
give the health officer or a medical officer of health power to
prescribe the conditions on which such a building may be used;
(m) any other purpose, whether of the same kind or nature as the
foregoing or not, having for its object the prevention, control or
suppression of infectious diseases,
and may by order declare all or any of the rules so made to be in force within any
area specified in the order, and such area shall be deemed an infected area, and
to apply to any vessels, whether on inland waters or on arms or parts of the sea
within the territorial jurisdiction of Kenya.
[Act No. 28 of 1961, Sch., L.N. 41/1970, Sch.]
CAP. 242 [Rev. 2012]
Public Health
[Issue 1] 22
37. Health authority to see to execution of rules
The health authority of any area within which or part of which any rules made
under section 36 of this Act are in force shall do and provide all such acts,
matters and things as may be necessary for mitigating any such disease, or
aiding in the execution of such rules, or for executing the same, as the case may
require; and the health authority or the medical officer of health may from time to
time direct any prosecution or legal proceedings for or in respect of the wilful
violation or neglect of any such rules.
[Act No. 28 of 1961, Sch., L.N. 256/1963, Fourth Sch., L.N. 41/1970, Sch.]
38. Power of entry
The Director of Medical Services and his officers shall have power of entry on
any premises or vessels for the purpose of executing or superintending the
execution of any rules made under section 36 of this Act.
[Act No. 28 of 1961, Sch.]
39. Deleted by L.N. 41/1970, Sch.
[L.N. 187/1956, Sch., L.N. 172/1960, Sch.]
40. Notification of sickness or mortality in animals suspected of plague
(1) Every person who becomes aware of any unusual sickness or mortality
among rats, mice, cats, dogs or other animals susceptible to plague or other
formidable epidemic diseases not due to poison or other obvious cause shall
immediately report the fact to the medical officer of health.
(2) Any person who fails so to report shall be guilty of an offence.
[L.N. 41/1970, Sch.]
41. Medical officers of health to report notification of formidable epidemic
diseases by telegraph
Every medical officer of health shall immediately report to the Director of
Medical Services by telegraph or other expeditious means particulars of every
notification received by such medical officer of health of a case or suspected
case of any formidable epidemic disease, or of any unusual sickness or mortality
in animals made under section 40 of this Act.
[L.N. 41/1970, Sch.]
42. Director of Medical Services may requisition buildings, equipment, etc.
(1) Where an outbreak of any formidable epidemic disease exists or is
threatened, it shall be lawful for the Director of Medical Services to require any
person owning or having charge of any land or any buildings or dwellings, not
occupied, or any person owning or having charge of tents, transport, bedding,
hospital equipment, drugs, food or other appliances, materials or articles urgently
required in connection with the outbreak, to hand over the use of any such land
or building or to supply or make available any such article, subject to the
payment of a reasonable amount as hire or purchase price.
(2) Any person who, without reasonable cause, fails or refuses to comply with
any such requirement shall be guilty of an offence.
[Rev. 2012] CAP. 242
Public Health
23 [Issue 1]
PART V – VENEREAL DISEASES
43. Venereal diseases
The provisions of this Act, unless otherwise expressed, in so far as they
concern venereal diseases, shall be deemed to apply to syphilis, gonorrhoea,
gonorrhoeal ophthalmia, soft chancre, venereal warts and venereal granuloma.
44. Persons suffering from venereal disease to have themselves treated
until cured
(1) Every person who knows or has reason to believe that he is suffering from
any venereal disease shall forthwith consult a medical practitioner with respect
thereto, and shall place himself under treatment by that medical practitioner or by
some other medical practitioner, or shall attend for treatment at any hospital or
other place available for the treatment of venereal diseases.
(2) Every person undergoing treatment for any venereal disease as aforesaid
shall, until cured or free from such disease in a communicable form, continue to
submit himself to treatment at such intervals as may be prescribed by any such
medical practitioner.
(3) Any person who fails to comply with any provision of this section shall be
guilty of an offence.
45. Duties of medical practitioners
Every medical practitioner who attends or advises any patient in respect of
any venereal disease from which the patient is suffering shall—
(a) direct the attention of the patient to the infectious nature of the
disease and to the penalties prescribed by this Act for infecting any
other person with such disease;
(b) warn the patient against contracting marriage unless and until he
has been cured of such disease or is free from such disease in a
communicable form; and
(c) give to the patient such printed information relating to the treatment
of venereal disease and to the duties of persons suffering therefrom,
as may be supplied to the medical practitioner by the Medical
Department.
46. Duties of parents or guardians of infected children
(1) Every parent or guardian of a child who knows or has reason to believe
that such child is suffering from any venereal disease shall cause such child to
be treated for such disease by a medical practitioner until such child is cured or
free from such disease in a communicable form.
(2) Every parent or guardian of any such child who fails or neglects to have
that child treated as aforesaid shall be guilty of an offence and liable to a fine not
exceeding one thousand shillings or to imprisonment for a term not exceeding
three months or to both.
CAP. 242 [Rev. 2012]
Public Health
[Issue 1] 24
47. Infection by employees
(1) Every person who, while suffering from any venereal disease in a
communicable form, accepts or continues in employment in or about any factory,
shop, hotel, restaurant, house or other place in any capacity entailing the care of
children or the handling of food or food utensils intended for consumption or use
by any other person shall be guilty of an offence, unless he proves that he did not
know or suspect, and had no reasonable means of knowing or suspecting, that
he was so suffering.
(2) Every person shall be guilty of an offence who employs or continues to
employ any person suffering from any venereal disease in a communicable form
if, by reason of such employment, such person is required or is permitted to have
the care of children orto handle any food or food utensils intended for
consumption or use by any person other than the person employed, unless the
defendant proves that he did not know or suspect, and had no reasonable means
of knowing or suspecting, that the person so employed by him was suffering from
such disease.
48. Duties of medical officers of health and district surgeons to report,
and powers of magistrates
(1) It shall be the duty of every medical officer of health in his official capacity
and of every Government medical officer and district surgeon who knows or has
reason to believe that any person is suffering from any venereal disease in a
communicable form and is not under treatment by a medical practitioner or is not
attending for medical treatment regularly and as prescribed by such medical
practitioner to give notice to such person of the requirements of this Act in regard
to attendance for treatment of persons suffering from venereal disease, and, if
thereafter such person does not comply with those requirements, to report the
matter to the magistrate.
(2) Upon receipt of any such report the magistrate shall make such further
inquiry, or shall make such order or orders, or shall institute such proceedings, as
he may deem necessary for the proper enforcement of the provisions and for the
attainment of the objects of this Part.
(3) An order under this section may require the person named therein—
(a) to furnish a certificate by a medical practitioner as to whether he is
or is not suffering from a venereal disease in a communicable form;
or
(b) to attend at a specified time and place for examination by a medical
practitioner named in the order; or
(c) to attend regularly for medical treatment at times and at a place
specified in such order; or
(d) to proceed or be removed to and to remain or be detained under
treatment in a special hospital or place of accommodation provided
or established under this Part, either for a specified time or until
cured or free from the disease in a communicable form.
(4) Any person who fails to comply with any order made under this section, or
who escapes or attempts to escape from any hospital in which he has been
ordered to remain or to be detained, shall be guilty of an offence.
[Rev. 2012] CAP. 242
Public Health
25 [Issue 1]
49. Conveyance of infection an offence
Every person who wilfully or by culpable negligence infects any other person
with venereal disease or does or permits or suffers any act likely to lead to the
infection of any other person with any such disease shall be guilty of an offence
and liable to a fine not exceeding four thousand shillings or to imprisonment for a
term not exceeding six months or to both.
50. Detention in hospital of infected person
(1) Where any person sentenced to imprisonment under this Act or any other
law is suffering from a venereal disease in a communicable form, he may, by
order of the magistrate, be removed to a special hospital or place of
accommodation, and be detained under treatment therein until the expiry of his
sentence, and the magistrate, on the representation of the medical practitioner
treating such person, and if satisfied that the public health cannot otherwise
adequately be safeguarded and that such person when released is unlikely to
undergo treatment by a medical practitioner for such disease, may order that he
be detained in such hospital or place either for a specified period after the expiry
of his sentence or until he is cured or free from the disease in a communicable
form.
(2) Any person so detained in a hospital or other place of accommodation
who escapes or attempts to escape therefrom shall be guilty of an offence.
51. Medical examination of inhabitants of localities where venereal
disease believed prevalent
(1) Where the Minister on a report by a medical officer has reason to believe
that a person is suffering from venereal disease, he may issue an order requiring
the examination by a medical practitioner of such person.
(2) Any person who refuses to comply with such order or with any lawful
instructions given thereunder or who obstructs any medical practitioner or other
duly authorized officer in the carrying out of such order shall be guilty of an
offence.
[L.N. 187/1956, Sch., L.N. 172/1960, Sch.]
52. Examination of females
Where any order is made under this Part requiring the medical examination of
any female and such female desires to be examined by a woman medical
practitioner, such examination shall be made by a woman medical practitioner if
one is reasonably available.
53. Rights of persons detained in hospital
(1) Any person detained in hospital under this Part shall be entitled to
arrange, at his own expense, for his examination by any medical practitioner, and
a report of such examination shall be furnished to the magistrate, who may
thereupon cause to be made any further examination of such person which he
may deem necessary.
(2) No person shall be detained in hospital under this Part who is not, or is no
longer, suffering from a venereal disease in a communicable form.
CAP. 242 [Rev. 2012]
Public Health
[Issue 1] 26
54. Secrecy of proceedings
(1) Inquiries and proceedings before a magistrate or any court of law under
this Part shall be secret and conducted in camera, and the records thereof shall
be kept in the manner and form prescribed by rule, subject to the provisions of
section 48 of this Act, anything to the contrary notwithstanding in any other law.
(2) Any person publishing or divulging the name of any person dealt with
under this Part, or the nature, proceedings or contents of any report, certificate,
document or order in connexion therewith or any other matter coming to his
knowledge in connexion with anything arising under this Part to any unauthorized
person, and any person who without lawful justification or excuse falsely alleges
that any person is suffering or has suffered from venereal disease, shall be guilty
of an offence.
55. Publication of advertisements of cures
(1) No person shall publish any advertisement or statement intended to
promote the sale of any medicine, appliance or article for the alleviation or cure
of any venereal disease or disease affecting the generative organs or functions,
or of sexual impotence, or of any complaint or infirmity arising from or relating to
sexual intercourse.
(2) Any person who publishes any such advertisement or statement by
printing it in any newspaper or exhibiting it to public view in any place or
delivering or offering or exhibiting it to any person in any street or public place or
in any public conveyance, or who sells, offers or shows it or sends it by post to
any person, shall be guilty of an offence.
(3) For the purposes of this section, “advertisement” and “statement” include
any paper, document or book containing any such advertisement or statement,
as the case may be.
(4) This section shall not apply to publications by the Medical Department or
by any municipal council, public hospital or other public body in the discharge of
its lawful duties or by any society or person acting with the authority of the
Minister first obtained, or to any books, documents or papers published in good
faith for the advancement of medical science.
(5) Deleted by Act No. 14 of 1971, Sch.
[Act No. 28 of 1961, Sch., L.N. 41/1970, Sch., Act No. 14 of 1971, Sch.]
PART VI – PORTS AND INLAND BORDERS OF KENYA
56. Interpretation of Part
For the purposes of this Part—
“master” in relation to any vessel means the person (other than a pilot)
having at the time command or charge of that vessel;
“oversea vessel” means a vessel other than one plying only between
ports or places in Kenya;
“port health officer” means any medical practitioner appointed by or
acting as such under the authority and instructions of the Director of Medical
Services.
[Rev. 2012] CAP. 242
Public Health
27 [Issue 1]
57. Application of Act as regards vessels
The provisions of this Act as regards vessels, except where otherwise
expressly stated, shall apply to every vessel of whatsoever kind anchoring off or
arriving in any port or being elsewhere within territorial waters:
Provided that the Minister may, subject to such conditions or limitations as
may be prescribed by him, exempt from any such provisions any warship of
Kenya or of any foreign country, or any vessel engaged solely in the coasting
trade and plying only between ports of Kenya.
[L.N. 187/1956, Sch., L.N. 172/1960, Sch., Act No. 21 of 1966, First Sch.]
58. No communication between vessels and shore before granting of
pratique
(1) Except in case of danger, no master of a vessel arriving at any port or
place in Kenya and no person on board thereof shall communicate or attempt to
communicate with the shore or with any other vessel or any boat, and no person
from the shore or from any other vessel or boat shall communicate with such
vessel, otherwise than by signal, until pratique has been granted to such vessel
in accordance with rules made under this Part:
Provided that nothing in this subsection shall prevent any port officer, pilot
or other duly authorized officer from coming alongside or boarding any such
vessel.
(2) No fee shall be payable in respect of the examination by the port health
officer of, and the granting of pratique to, any vessel arriving at any port or place
in Kenya.
59. Notification of infectious disease or death on board of vessel
(1) The provisions of this Act in respect of the notification of the occurrence of
cases of infectious disease in man, or of sickness or mortality in rodents or other
animals susceptible to plague, shall apply to every vessel at any port or place in
Kenya, but, wherever it is therein required that notification be made to the health
authority or medical officer of health, such notification shall be made to the port
health officer.
(2) No fee shall be payable to any ship surgeon or other medical officer of a
vessel or shipping company in respect of the notification of any case of infectious
disease on board of any vessel.
(3) For all purposes of this Act, every vessel shall be deemed to be a dwelling
or premises, and the master thereof shall be deemed to be the head of the
household or the owner or occupier of the premises.
(4) It shall be the duty of the master to report to the port health officer the
death of any person who has died from any cause whatever on the vessel during
the voyage just completed, or while the vessel is in port, and also the cause of
death.
[L.N. 41/1970, Sch.]
60. Powers of port health officer
(1) The port health officer may at any time board any vessel and inspect any
part thereof or anything therein, and may medically examine any person on
CAP. 242 [Rev. 2012]
Public Health
[Issue 1] 28
board and require any such person to answer any question for the purpose of
ascertaining whether or not infection exists or has recently existed on board.
(2) Any person who refuses to allow any such officer to board any vessel or
to make any inspection or medical examination as aforesaid, or otherwise
obstructs or hinders any such officer in the execution of his duty, or who fails or
refuses to give any information which he may lawfully be required to give, or who
gives false or misleading information to any such officer knowing it to be false or
misleading, shall be guilty of an offence and liable to a fine not exceeding two
thousand shillings.
61. Notification to medical officers of health at ports
Upon the occurrence on any vessel of any case of or death from any notifiable
infectious disease, or of such other disease as the Minister may prescribe, or of
any sickness or mortality among rodents or other animals on any vessel or within
the harbour area suspected to be due to any formidable epidemic disease, the
port health officer shall forthwith inform the medical officer of health of the area in
or adjoining which the port is situated of the occurrence and the measures taken
or intended to be taken in connexion therewith.
[L.N. 187/1956, Sch., L.N. 172/1960, Sch., L.N. 256/1963, Fourth Sch., L.N. 41/1970, Sch.]
62. Granting of restricted or conditional pratique to and quarantining of
vessels
In the case of any vessel having, or suspected on reasonable grounds of
having, on board in any person, animal or thing the infection of any infectious
disease, the port health officer, acting in accordance with instructions and with
rules made under this Part, may grant or continue pratique to such vessel subject
to such conditions or restrictions as may be deemed necessary, or, if he deems it
necessary so to do, may withhold or withdraw pratique and place the vessel in
quarantine:
Provided that, when pratique restrictions are imposed or any vessel is
placed in quarantine or when any person on board of or landed from any vessel
is compulsorily detained, isolated or removed, the port health officer shall
immediately report, by telegraph or other expeditious means, the action taken by
him and the reasons therefor to the Director of Medical Services and the nearest
medical officer of health.
63. Declaration of infected places, ports of entry, etc.
(1) The Minister may, by order—
(a) declare that any place beyond or within Kenya is infected with a
formidable epidemic disease or that a formidable epidemic disease
is liable to be brought or carried from or through that place, and
thereupon, and for so long as such order remains in force, that place
shall be a proclaimed place within the meaning of this Act;
(b) declare any port in Kenya to be a first port of entry for all or for any
particular class or description of overseas vessels coming from a
proclaimed place, and require masters of such vessels bound for
Kenya to enter a port so declared before entering any other port of
Kenya, except in case of danger or for other sufficient reason;
[Rev. 2012] CAP. 242
Public Health
29 [Issue 1]
(c) prohibit, restrict or regulate the immigration or importation into
Kenya of any person, animal, article or thing likely, in his opinion, to
introduce any infectious disease, or impose restrictions or conditions
as regards the examination, detention, disinfection or otherwise of
any such animal, article or thing.
(2) Any person who contravenes or fails to comply with an order made under
subsection (1) shall be guilty of an offence and liable to a fine not exceeding two
thousand shillings.
[Act No. 28 of 1961, Sch.]
64. Master of vessel from proclaimed place to take precautionary
measures
(1) The master of any vessel bound for any port or place in Kenya which
comes from or calls or touches at any proclaimed place shall, while his vessel is
at that place and during the voyage to Kenya, take in respect of the vessel and
her crew, passengers and cargo all such precautionary measures as may be
prescribed by the order.
(2) Any master of a vessel failing so to do and thereafter entering any port of
Kenya shall, unless he satisfies the court that he was unaware of the measures
required to be taken by him and that he took all reasonable means to ascertain
whether it was his duty to take any such measures, be guilty of an offence and
liable to a fine not exceeding two thousand shillings.
(3) Where a vessel has arrived from a proclaimed place and the prescribed
precautionary measures have not been taken, any measures considered
necessary by the port health officer, acting on the instructions of the Director of
Medical Services, may be carried out with respect to the vessel and her crew,
passengers and cargo, at the expense of the owner of the vessel.
[Act No. 28 of 1961, Sch.]
65. Removal of quarantined vessels
Where a vessel has been placed in quarantine at any port or place in Kenya,
the Minister may, for the purpose of more effectually dealing with the infection on
board, require the master thereof to remove such vessel, at his own risk and
expense, to any other port or place within territorial waters.
[L.N. 187/1956, Sch., L.N. 172/1960, Sch.]
66. Master of vessel may decline to submit to quarantine or removal
(1) Where the master of a vessel has been informed by the port health officer
or other duly authorized officer of the intention of placing that vessel in
quarantine or of requiring him to move that vessel in quarantine to another port or
place in Kenya and where such master declines to submit to quarantine or
refuses to remove the vessel as aforesaid, he shall immediately inform such
officer accordingly and shall forthwith hoist the quarantine signal, as defined in
rules made under this Part, on the vessel and remove the vessel from the
neighbourhood of any wharf or landing place or any other vessel, and shall leave
the port with all possible dispatch after notifying the port health officer of the next
intended port of call of the vessel.
CAP. 242 [Rev. 2012]
Public Health
[Issue 1] 30
(2) Any vessel dealt with in the manner described in subsection (1) may,
before leaving the port, take on board, subject to such precautions as may be
prescribed by the port health or other duly authorized officer, any coal, water,
provisions or stores.
67. Removal of patient from vessel and treatment on shore
(1) Where any person on board of any vessel is suffering from any infectious
or other disease and, in the opinion of the port health officer, is not
accommodated or is not being nursed or treated in such manner as to guard
adequately against the spread of the disease or to promote recovery, the port
health officer may cause such person to be removed to a hospital or place of
isolation on shore and there accommodated and treated for such period as may
be considered necessary in the interests of the patient or to prevent spread of
infection.
(2) All reasonable expenses necessarily incurred in dealing with a patient
under this section shall be a charge against the master or agent of the vessel,
and may be recovered from either or both of them by the Government.
68. Surveillance or isolation of persons who have been exposed to infection
(1) Where any person on board of any vessel is believed to have been
recently exposed to the infection, and may be in the incubation stage of any
notifiable infectious disease, the port health officer may require such person to
remain on board such vessel, or alternatively to land and proceed direct to his
place of destination and there report himself to the medical officer of health for
medical surveillance by such medical officer of health until considered to be free
from infection.
(2) Where in the opinion of the port health officer any such person cannot
otherwise be properly kept under medical surveillance or the public health cannot
be otherwise adequately safeguarded, such person may be removed to a place
of isolation on shore and there detained until considered free from infection.
(3) The port health officer shall notify to the medical officer of health of the
district in or adjoining which the port is situated, and to the medical officer of
health of the district where such person’s place of destination is, the fact that
such person is believed to have been recently exposed to infection and has been
allowed to land and proceed to his destination.
(4) Any person who refuses or fails to comply with, or wilfully obstructs the
execution of, any requirement lawfully made under this section shall be guilty of
an offence and liable to a fine not exceeding one thousand shillings or to
imprisonment for a term not exceeding three months or to both.
69. Burial of the bodies of persons dying on board of vessel
Where there is any dead body on board any vessel at any port or place in
Kenya, it shall be the duty of the master of such vessel to cause such body to be
properly buried; any reasonable and necessary expenses thereby incurred may
be recovered by the master from any person legally liable for the same.
[Rev. 2012] CAP. 242
Public Health
31 [Issue 1]
70. Clearance papers may be withheld from vessels pending inquiry into
offence
Whenever the port health officer has reasonable grounds for believing that the
master of any vessel has committed an offence under this Act or fails or refuses
to pay any charges lawfully made thereunder, the Commissioner of Customs and
Excise or any officer authorized thereto by the Commissioner may, on the
request of the port health officer, withhold clearance papers from such vessel
pending the institution of proceedings in any competent court:
Provided that clearance papers shall not be withheld for more than thirty-six
hours (Sundays and public holidays excepted), unless such proceedings have
been commenced before the expiry of that period.
71. Powers to enforce precautions at frontiers
(1) When it is considered necessary for the purpose of preventing the
introduction of infectious disease into Kenya, the Minister may, by order—
(a) regulate, restrict or prohibit the entry into Kenya at its inland borders
or any part thereof or any persons, or of persons of any specified
class or description or from any specified locality or area;
(b) regulate, restrict or prohibit the introduction into Kenya at its inland
borders, or any specified part thereof, of any animal, article or thing;
(c) impose requirements or conditions as regards the medical
examination, detention, quarantine, disinfection, vaccination,
isolation or medical surveillance or otherwise of persons entering, or
the examination, detention or disinfection or otherwise of such
persons as aforesaid or of articles or things introduced into Kenya at
its inland border or any part thereof;
(d) apply with or without modifications any particular provisions of this
Part to persons, animals, articles or things entering or introduced
into or departing or removed from Kenya by means of aircraft.
(2) Any person who contravenes or fails to comply with an order made under
subsection (1) shall be guilty of an offence and liable to a fine not exceeding one
thousand shillings or to imprisonment for a period not exceeding three months or
to both.
[Act No. 28 of 1961, Sch.]
72. Agreements with either governments regarding reciprocal notification
of outbreaks
(1) The Minister may enter into agreements with the Government of any
foreign country, providing for the reciprocal notification of outbreaks of any
formidable epidemic or other disease of any other matter affecting the public
health relations of Kenya with other countries.
(2) The terms or a summary of every such agreement shall be notified in the
Gazette.
[L.N. 365/1964, Sch., Act No. 21 of 1966, First Sch.]
CAP. 242 [Rev. 2012]
Public Health
[Issue 1] 32
73. Rules concerning port health matters
The Minister may make rules—
(a) prescribing the powers and duties of port health officers and the
procedure to be followed in the examination of, and the granting of
pratique to, vessels, and requiring every master of a vessel on
arrival at any port or place in Kenya to furnish a declaration of health
in respect of the existence or suspected existence on board, in any
person, animal or thing, of any infectious disease, or any other
disease which the Minister may notify in the Gazette, prescribing the
form of declaration, and empowering any port health officer or other
duly authorized officer to require the master of any vessel to verify
upon oath the statements in the declaration and to administer the
necessary oaths; such rules may prescribe modified requirements or
procedure in respect of vessels arriving at a second or subsequent
port of call in Kenya on the same voyage;
(b) requiring the master of any vessel having or suspected of having on
board the infection of any infectious disease, or which has recently
touched at any port or place which is a proclaimed place or is
infected with any formidable epidemic disease or is situated near
any place which is so infected, to furnish lists of passenger, crew or
cargo, and prescribing the information to be given in any such list;
(c) prescribing the measures which shall be taken by masters of
vessels to prevent the migration of rodents to or from vessels;
(d) prescribing the measures which shall be taken for the disinfection of,
or the destruction of rats, mice or insects in, vessels, the disposal of
bilge or other water on board, the cleansing of vessels, the provision
of a supply of pure water on board, and for preventing the pollution
of the water of the port with excreta and manure or any infective or
offensive matter;
(e) as to the grant, refusal or withdrawal of pratique to vessels and the
detention in quarantine of vessels having or suspected of having on
board in any person, animal or thing, the infection of any infectious
disease, or of persons suffering from, or who have recently been
exposed to the infection of, any such disease;
(f) as to the prohibition or restriction of intercourse of persons on or
from the land with vessels, where deemed necessary in order to
prevent the spread of infectious disease;
(g) requiring the disinfection of any article or thing contaminated, or
believed to be contaminated, with the infection of any infectious
disease, on board of or landed from any vessel, or, if such article or
thing is of such a nature that it cannot be so disinfected, prohibiting
the landing or providing for the destruction thereof;
(h) requiring the vaccination, before landing from any vessel, of any
person who may have recently been exposed to the infection of
smallpox and who does not produce evidence to the satisfaction of
the port health officer of successful vaccination during the five years
immediately preceding;
[Rev. 2012] CAP. 242
Public Health
33 [Issue 1]
(i) appointing such sanitary anchorages as may be necessary for the
purposes of this Act:
Provided that until other provisions are made the sanitary station at
Zanzibar shall be a sanitary station for the purposes of any rules
made or deemed to be made under this Act;
(j) providing for the recovery from masters or owners or agents of
vessels of all reasonable and necessary expenses incurred by the
Government, or of charges in accordance with a prescribed tariff of
charges, or for the furnishing by them of guarantees in respect of
the payment of such expenses or charges—
(i) in dealing with any person who is on board or has recently
been landed and who is suffering, or suspected to be
suffering, from any infectious disease or from any other
disease which the Minister may notify in the Gazette;
(ii) in connexion with the detention in quarantine of any vessel
infected with, or the isolation, accommodation, care and
treatment of any person suffering from, or who has been
exposed to the infection of, any infectious disease, and the
detention and repatriation of any such person if he is
prohibited from entering Kenya under any law relating to
immigration;
(iii) in eradicating the infection of any infectious disease in any
vessel, or in any article or thing on board of any vessel, or in
any article or thing which though landed therefrom, was
infected before it was landed;
and the Minister may, by notice in the Gazette, prescribe tariffs of
charges which shall be payable by masters or owners or agents of
vessels in respect of any of the services aforesaid, but every such
tariff, shall be fixed as nearly as may be on the basis of average
cost;
(k) as to the departure from Kenya, whether by land or sea, of all
persons or of persons of any specified class or description, or of
persons from any specified locality or place, and as to the
restrictions to be imposed on persons leaving Kenya, in relation to
medical examination, disinfection or otherwise;
(l) as to the exportation or removal from Kenya, whether by land or
sea, of any article or thing considered likely to convey the infection
of any infectious disease, and the examination, detention,
disinfection or otherwise of any such article;
(m) for securing and maintaining cleanliness and efficient sanitation and
preventing or remedying any nuisance or danger to health from
overcrowding or otherwise on board of any vessel or within any port
or harbour;
(n) as to the inspection of food on board vessels or at any port of Kenya
and the destruction or safe disposal of any diseased or unsound or
unwholesome meat or food intended for human consumption, or of
any article of food or drink likely to convey any infectious disease, if
such article is on board any vessel or within any port or harbour, and
providing for the recovery of any expense incurred by the
Government in so doing;
CAP. 242 [Rev. 2012]
Public Health
[Issue 1] 34
(o) as to the disinfection of any second-hand clothing, bedding, rags or
any similar article imported by sea, and the recovery from the owner
thereof or his agent of all expenses incurred by the Government in
connexion therewith,
and generally for better carrying out the provisions and attaining the objects and
purposes of this Part.
[L.N. 187/1956, Sch., L.N. 188/1956, Sch., L.N. 172/1960, Sch., L.N. 173/1960, Sch.]
74. Orders, rules and penalties under Part
(1) Any order or rule made under this Part may provide exemptions
therefrom, may define the disease to which any particular provision shall apply
and may impose duties in connexion therewith on masters or owners or agents of
vessels or on persons in charge of railway trains or of vehicles, or on employers
of labour, labour recruiting agents or others.
(2) Any person contravening any provision of this Part, or of any order or rule
thereunder, shall be guilty of an offence and liable, save as hereinbefore and in
subsection (3) provided, to a fine not exceeding one thousand shillings or to
imprisonment without the option of a fine for a term not exceeding three months
or to both.
(3) If the master of a vessel contravenes any provision of this Act or any rule
thereunder relating to pratique or quarantine, or makes any false statement or
false answer to any question in any declaration of health, knowing the same to
be false, he shall be guilty of an offence and liable to a fine not exceeding four
thousand shillings or to imprisonment without the option of a fine for a term not
exceeding twelve months or to both.
[Act No. 28 of 1961, Sch.]
75. Protection of Government
Wherever under this Part powers are exercised by the Minister or other officer
in accordance therewith and with the rules, and by reason of the exercise of such
powers—
(a) any vessel, person, article or thing is delayed or removed or
detained; or
(b) any article or thing is damaged or destroyed; or
(c) any person is deprived of the use of any article or thing,
the Government shall not be liable to pay compensation, provided due care and
reasonable precautions have been taken to avoid unnecessary delay or damage
or destruction.
[Act No. 28 of 1961, Sch.]
PART VII – LEPROSY
76. Interpretation of Part
For the purposes of this Part—
“asylum” means any building or collection of buildings erected and
established under section 77 and used for the treatment or detention of
persons affected with leprosy, together with the land surrounding such
buildings and set apart and defined under the said section for the occupation
of such persons;
[Rev. 2012] CAP. 242
Public Health
35 [Issue 1]
“leprosy” means all forms of disease caused by the Bacillus leprae of
Hansen;
“specified area” means a local area specified in an order made by the
Minister under section 77(3).
[Act No. 28 of 1961, Sch., L.N. 365/1964, Sch.]
77. Establishment of leper asylums
(1) It shall be lawful for the Minister to erect and establish from time to time
asylums for the detention of persons removed thereto under this Act, and for the
purpose of acquiring sites for the erection and establishment of asylums to
appropriate and set apart any unalienated public land, and to order the fencing
and enclosing of any land so appropriated and set apart.
(2) The establishment of any asylum and boundaries of any land
appropriated and set apart for such purpose shall be notified and defined by
notice in the Gazette.
(3) For the purpose of preventing the spread of leprosy, the Minister may, by
order, direct that, from a date named therein until further order, all persons
affected with leprosy found within any local area specified in such order shall be
removed to and detained in an asylum.
[Act No. 28 of 1961, Sch., L.N. 365/1964, Sch.]
78. Duty to notify suspected case of leprosy within specified area
(1) Whenever it comes to the knowledge of any person that some other
person within a specified area outside an asylum and not exempted under
section 102 from the provisions of this Act is affected with or is suspected of
being affected with leprosy, such first-named person shall forthwith report such
fact or suspicion upon oath to a magistrate of the district in which he is residing.
(2) Any person who neglects to act in accordance with subsection (1) shall be
guilty of an offence.
[L.N. 365/1964, Sch.]
79. Magistrate to isolate suspect on notification
Every magistrate to whom a report is made under section 78 shall issue an
order requiring a police officer to take steps that the person mentioned in such
report be detained in a place of isolation in a manner prescribed by rules under
this Act until he has been examined as in section 80 provided.
80. Magistrate to arrange for medical examination
A magistrate who has issued such isolation order as aforesaid shall cause the
person to be examined as soon as possible by two medical practitioners, one of
whom shall if possible be a medical officer, and obtain a report from them of such
examination.
81. Discharge of suspect if not affected
If such medical practitioners aforesaid report that the person alleged to be
affected with leprosy is not so affected, the magistrate shall forthwith discharge
him from detention in isolation.
CAP. 242 [Rev. 2012]
Public Health
[Issue 1] 36
82. Interim reception order in doubtful case
(1) If such medical practitioners aforesaid report that the person alleged to be
affected with leprosy is so affected, or that it is doubtful whether he is so affected
or not, the magistrate shall order him as in this section described to be removed
to an asylum therein to be detained in accordance with the provisions of this Act.
(2) Any such order as is in this section described shall be termed an interim
reception order and shall be addressed to the superintendent of some asylum,
and shall be delivered to a police officer, together with the report mentioned in
section 80.
(3) An interim reception order shall authorize any police officer to conduct the
person named therein to the asylum named in such order, and shall further
authorize the reception and detention of such person in such asylum until the
Minister has transmitted to the superintendent of the asylum an order of further
detention or discharge as hereinafter provided.
[Act No. 28 of 1961, Sch.]
83. Interim reception order and reports to be sent to Minister
Any superintendent who has received any person into an asylum under an
interim reception order shall as soon thereafter as possible transmit to the
Minister—
(a) the interim reception order;
(b) the reports of the medical practitioners mentioned in section 80.
[Act No. 28 of 1961, Sch.]
84. Voluntary submission to treatment of persons affected with leprosy
If any person within a specified area suspects that he is affected with leprosy
and desires to submit himself to treatment therefor or to be placed in isolation in
accordance with this Act, he may for such purpose present himself to a
magistrate of the district in which he is residing, and such magistrate shall
thereupon, having ordered such person to be detained in isolation as in section
79 is provided, require two medical practitioners (one of whom shall if possible be
a medical officer) to examine such person; and if such medical practitioners
report that such person is not affected with leprosy the provisions of section 81 of
this Act shall apply in the case of such person; and if such medical practitioners
report that such person is affected with leprosy or that it is doubtful whether such
person is so affected or not the provisions of section 82 and 83 shall apply to
such case.
[L.N. 365/1964, Sch.]
85. Where Minister satisfied that person detained under interim reception
order is affected with leprosy
(1) Whenever the Minister is satisfied that any person detained under an
interim reception order as aforesaid is affected with leprosy, he shall make and
sign an order (herein described as a detention order), which shall be addressed
to the superintendent of some asylum.
(2) A detention order shall authorize the detention in accordance with this Act
of the person named therein, and shall be in force until cancelled by the Minister.
[Rev. 2012] CAP. 242
Public Health
37 [Issue 1]
(3) The medical officer appointed to an asylum shall, at least once a year,
and more often if so required by the Minister, transmit to the Minister a report as
to the condition of each person detained in the asylum, and if on consideration of
such report the Minister considers further detention of any person unnecessary
he may cancel the detention order and direct such person to be discharged.
[Act No. 28 of 1961, Sch.]
86. Where Minister not satisfied that person detained under interim
reception order is affected with leprosy
(1) Whenever the Minister is not satisfied that a person detained under an
interim reception order is affected with leprosy, he shall submit all medical
reports transmitted to him under this Act concerning such person to the Director
of Medical Services, and may direct any further medical examination he may
consider necessary of such person.
(2) If on consideration of the report of the Director of Medical Services or of
the further medical examination (if any) he is satisfied that such person is
affected with leprosy, he shall make and sign a detention order as in section 85
provided.
(3) If on consideration of the report of the Director of Medical Services
aforesaid or of the further medical examination (if any) he is not satisfied that a
person detained under an interim reception order is affected with leprosy, he
shall transmit an order to the superintendent of the asylum in which such person
is detained directing his discharge therefrom.
[Act No. 28 of 1961, Sch.]
87. Minister may order discharge from asylum at any time
The Minister may, notwithstanding anything in this Act contained, at any time
on sufficient reason to him appearing, issue an order to the superintendent of any
asylum directing the discharge of any person from detention therein or the
removal of any person detained therein to another asylum for detention under
this Act, or, with the consent of such person, to a private asylum which has been
named in a notice issued by the Minister under subsection (1) of section 102.
[Act No. 28 of 1961, Sch.]
88. Appointment of superintendent of asylum
(1) The Minister may appoint from time to time superintendents, who shall
have the direction and management of any asylum to which they are respectively
appointed but shall in carrying out their powers and duties be subject to the
supervision and directions of the Director of Medical Services.
(2) The Director of Medical Services may from time to time, subject to any
rules made under this Act, appoint medical officers, attendants, guards and other
officers to any asylums and remove such officers.
[L.N. 365/1964, Sch.]
89. Duties of superintendents
It shall be the duty of every superintendent to inspect from time to time in
accordance with rules made hereunder the asylum to which he has been
appointed and the persons detained therein, and to cause proper food and
necessary comforts to be supplied to such persons, and to cause the premises to
CAP. 242 [Rev. 2012]
Public Health
[Issue 1] 38
be properly and cleanly kept, and to perform such other duties and exercise such
powers as may be imposed and conferred upon him by this Act or by any rules
made thereunder.
90. Intercourse of persons detained in asylums
(1) No person shall be permitted to enter any asylum except in accordance
with the rules made in that behalf under this Act.
(2) Except as in this Act provided and save as may be provided by any rules
made thereunder, no communication or intercourse shall be allowed between
persons detained in any asylum and any person not detained therein who is not
an officer or attendant thereof.
91. Suspects and detained lepers deemed to be in lawful custody
(1) Every person placed in isolation or during the course of removal to or
while detained in an asylum under this Act shall be deemed to be in lawful
custody until discharged therefrom under this Act, and while in such custody shall
be subject to the provisions of this Act any rules made thereunder.
(2) Any person who escapes from such lawful custody may be pursued,
arrested without warrant and taken back into custody by any person whomsoever
and wheresoever he may be found.
92. Visiting of persons detained
Every person detained in lawful custody under this Act shall be permitted to
receive visits from relatives, friends or legal advisers at such reasonable times and
subject to such restrictions as may be determined by rules made under this Act.
93. Cost of erection and maintenance of asylum to be defrayed out of
public funds
The cost of the erection, establishment and maintenance of asylums, of the
removal of persons thereto, of the maintenance of persons detained therein
(save in so far as such cost of maintenance may be otherwise defrayed in
accordance with section 94, of the salaries and wages of superintendents,
attendants or other officers of asylums and of the disinfecting and cleansing of
the residence of persons isolated and the maintenance of such persons during
the period of isolation shall be defrayed out of the moneys provided by
Parliament.
94. Superintendent may recover certain sums from inmates and allow
private building
It shall be lawful, subject to the approval of the Minister, for the superintendent
in the case of any inmate of an asylum under this Part to receive or recover from
such inmate the expense of his maintenance, and to allow such inmate or any
other person to erect for the inmate (or contract for the erection of) a building
within the limits of an asylum, and such superintendent may for such purpose
enter into on behalf of the Government special agreements with such person or
his lawful representative.
[L.N. 187/1956, Sch., L.N. 172/1960, Sch.]
[Rev. 2012] CAP. 242
Public Health
39 [Issue 1]
95. Court may appoint manager of detained persons
(1) The High Court may appoint a manager for the temporary or permanent
care and administration of any property of a person removed to an asylum for
detention under this Act, and Part XI of the Mental Treatment Act (Cap. 248)
shall mutatis mutandis apply for the purposes of such care and administration of
the property of any such person.
(2) It shall be lawful for the Director of Public Prosecutions to lay any reports
of evidence concerning the removal of a person for detention under this Act
together with evidence as to any property possessed by such person before the
High Court for its consideration, and the High Court may upon consideration of
such reports and evidence appoint a manager for the care or custody of the
property of any such person aforesaid, and, where it appears to the High Court
desirable that temporary provision should be made for the maintenance or other
necessary requirements of such person or any member of his family out of any
money or available securities belonging to him in the hands of his bankers or of
any other person, the High Court may authorize such banker or other person to
pay to the manager such sums as may be deemed necessary and may give
directions as to the application thereof for the benefit of such person aforesaid or
for the relief of his family or any member thereof.
[Act No. 12 of 2012, Sch.]
96. Cleansing and disinfecting of residence of persons isolated
Whenever any person has been placed in isolation by order of a magistrate
under section 79, the medical officer of health shall cause the residence of that
person to be forthwith cleansed and disinfected.
97. Photographing of persons confined in asylums
(1) It shall be the duty of every person detained in an asylum under this Act to
submit himself to be photographed from time to time as the superintendent shall
think fit.
(2) Any such person who refuses to allow himself to be photographed as
aforesaid, or obstructs any person entrusted with this duty in the execution of
such duty, shall be guilty of an offence, punishable, on receipt of a report alone,
in such manner as the Minister shall by rule prescribe.
(3) Any person who gives, supplies or exhibits any such photograph obtained
under this section to any person to whom he is not expressly or by rule
authorized to give, supply or exhibit such photograph shall be guilty of an
offence.
[L.N. 187/1956, Sch., L.N. 172/1960, Sch.]
98. Penalties for contravention of Part
Any person who is guilty of an offence under this Part shall be liable to a fine
not exceeding fifteen thousand shillings or to imprisonment for a term not
exceeding one year or to both.
[Act No. 2 of 2002, Sch.]
CAP. 242 [Rev. 2012]
Public Health
[Issue 1] 40
99. Rules under Part
The Minister may make rules and prescribe the penalties for the breach
thereof not exceeding the penalties mentioned in section 98—
(a) for the isolation, examination and removal to asylums of person
affected or suspected of being affected with leprosy;
(b) for the appointment and duties of superintendents, medical officers,
guards, attendants and other officers of asylums, and the removal of
such officers;
(c) for the classification, treatment, instruction and employment of
persons detained in asylums;
(d) as to the rations and clothing of persons detained in asylums;
(e) as to the intercourse of persons detained in an asylum with each
other and with persons not so detained, and generally for the
discipline and good order of persons so detained;
(f) for the removal to and detention within an asylum of any person
serving or sentenced to a term of imprisonment if certified by a
medical officer to be affected with leprosy;
(g) as to the setting apart of places within any asylum for the special
confinement and punishment of persons convicted and sentenced
during detention or whilst employed in an asylum, or of persons who
have been convicted and sentenced for any offence by a court and
removed to an asylum under this Act;
(h) for the appointment and duties of a visiting committee to any
asylum, or otherwise providing for the visitation of asylums;
(i) prescribing forms to be used for the purposes of this Part.
[L.N. 188/1956, Sch., L.N. 173/1960, Sch.]
100. Examination and report of one medical practitioner to suffice
temporarily where two not available
Notwithstanding anything in this Act contained, the examination and report of
one medical practitioner shall suffice for the purpose of an interim reception order
under this Act, whenever undue delay or inconvenience would result in obtaining
an examination and report by two medical practitioners:
Provided that the results of an examination and the report of one medical
practitioner shall be confirmed by another medical practitioner as soon as the
same can conveniently be obtained.
101. Police officer to execute orders under Act
It shall be the duty of every police officer to execute any lawful order of the
Minister or any magistrate issued under this Act, and any person resisting or
obstructing any magistrate, medical practitioner or other person charged with a
duty under this Act in the execution of the duty shall be guilty of an offence.
[Act No. 28 of 1961, Sch.]
102. Private asylums
(1) If the Minister is satisfied that proper provision will be made for the care,
comfort and custody of persons affected with leprosy, and for regulating
[Rev. 2012] CAP. 242
Public Health
41 [Issue 1]
intercourse between such persons and persons not so affected in any private
leper asylum, he may by notice in the Gazette exempt from the provisions of this
Act all persons affected with leprosy if and so long as they remain within the
private leper asylum specified in such notice.
(2) The Minister may at any time, by notice in the Gazette, cancel any
exemption made by him under subsection (1), either in respect of all the inmates
of a private leper asylum specified in such notice or in respect of such inmate or
inmates as may be specified in the notice.
(3) A medical officer may at any time enter any private leper establishment
specified in any notice under subsection (1), and inspect the same and examine
the inmates; and every such asylum shall be inspected and a report thereon sent
to the Minister by a medical practitioner appointed by the Director of Medical
Services in that behalf, at least once in every six months.
[Act No. 28 of 1961, Sch.]
PART VIII – PREVENTION OF THE SPREAD OF SMALLPOX
103. Interpretation of Part
For the purposes of this Part—
“child” means a person who is under, or who appears to be under, fifteen
years of age;
“public vaccinator” includes a public vaccinator appointed by the
Director of Medical Services and any person appointed by the Director of
Medical Services to assist or act for a public vaccinator, and includes any
Government medical officer, medical officer of health or district surgeon;
“unprotected person” means a person, including a child, who has not
been protected from smallpox by having had the disease, either naturally or
by inoculation or by having been successfully vaccinated, and who has not
been certified under this Act to be insusceptible to vaccination.
104. Vaccination of children
The parent or guardian of every child in Kenya shall, unless such child is
insusceptible or unfit or has suffered from smallpox, cause such child to be
successfully vaccinated by a public vaccinator, or other medical practitioner, and
the parent or guardian of every such child shall procure one of the following
certificates on the form prescribed, signed by the public vaccinator or other
medical practitioner—
(a) a certificate of successful vaccination;
(b) a certificate of insusceptibility to vaccination;
(c) a certificate of unfitness for vaccination;
(d) a certificate that the child has suffered from smallpox.
105. Vaccination of persons entering Kenya
(1) Every unvaccinated adult person, or the parent or guardian of every
unvaccinated child, in or entering Kenya shall cause himself or such child to be
successfully vaccinated within twelve months after entering Kenya.
CAP. 242 [Rev. 2012]
Public Health
[Issue 1] 42
(2) The conditions and exceptions mentioned in section 104 shall mutatis
mutandis apply to any adult person or child described in this section.
(3) A person shall be deemed to be unvaccinated if he has not been or fails
to prove that he has been successfully vaccinated:
Provided that the provisions of this section shall not apply to any person
who can prove that reasonable facilities for vaccination were not obtainable.
106. Emergency vaccination of population in area threatened with smallpox
In the event of the occurrence or threatened outbreak of smallpox in any
area—
(a) the medical officer of health or the district surgeon or other
Government medical officer may require are person to be forthwith
vaccinated or revaccinated who has or is suspected to have been in
any way recently exposed to smallpox infection, or may require the
parent or guardian of any child who has or is suspected to have
been so exposed to have such child vaccinated or revaccinated
forthwith; and any person failing to comply with such requirement
shall be guilty of an offence;
(b) the municipal council may, or when instructed by the Minister on the
advice of the Board so to do shall require all persons within an area
defined to attend at centres according to instructions issued and to
undergo inspection, vaccination or revaccination as circumstances
may require; such instructions may be issued by notice in the press,
or by notices posted in public places, or otherwise as may be
deemed sufficient by the municipal council; and non-attendance
shall be an offence;
(c) any district surgeon, public vaccinator or medical practitioner duly
authorized by the Director of Medical Services may require any
person in such area to furnish satisfactory proof (including the
exhibition of vaccination scars) that he has been successfully
vaccinated within five years immediately preceding the date of such
requirement; and any person who fails to furnish such proof as
regards himself or as regards any child of which he is the parent or
guardian, and refuses to allow himself or such child to be
vaccinated, shall be guilty of an offence.
[L.N. 187/1956, Sch., L.N. 172/1960, Sch., L.N. 256/1963, Fourth Sch., L.N. 41/1970, Sch.]
107. Person unfit for vaccination
(1) If any public vaccinator or medical practitioner is of opinion that any adult or
child is not in a fit state to be vaccinated, he shall give to the adult or to the parent
or guardian of the child a certificate under his hand according to Form No. 1 in the
Schedule, or to the like effect, that the adult or child is then in a state unfit for
vaccination.
(2) The said certificate shall remain in force for six months only, but shall be
renewable for successive periods of six months until the public vaccinator or
medical practitioner deems the adult or child to be fit for vaccination, when the
adult or child shall with all reasonable dispatch be vaccinated.
[Rev. 2012] CAP. 242
Public Health
43 [Issue 1]
108. Person insusceptible of successful vaccination
(1) If any public vaccinator or medical practitioner finds that any adult or child
whom he has three times unsuccessfully vaccinated is insusceptible of
successful vaccination, or that the adult or child coming or brought to him for
vaccination has already been successfully inoculated or had the smallpox, he
shall deliver to the adult or to the parent or guardian of the child a certificate
under his hand in Form No. 2 in the Schedule.
(2) A certificate of insusceptibility to vaccination shall only be given by a
public vaccinator or other medical practitioner after three unsuccessful attempts
at vaccination at intervals of not less than one month have been made by him
with calf vaccine lymph of known efficiency.
109. Certificate to be given for successful vaccination
Every public vaccinator or medical practitioner who has performed the
operation of vaccination upon any adult or child, and has ascertained that the
same has been successful, shall deliver to such adult or to the parent or guardian
of such child a certificate in Form No. 3 in the Schedule, or to the like effect,
certifying that the said adult or child has been successfully vaccinated.
110. No fee to be charged by public vaccinator, and certificate to contain
description of person vaccinated
(1) No fee or remuneration shall be charged to the person vaccinated by any
public vaccinator for any certificate granted under this Act, nor for any
vaccination done by him in pursuance of this Act.
(2) A public vaccinator or medical practitioner giving any certificate under this
Act shall enter therein a description of the person in respect of whom the
certificate is given sufficient for the purpose of identification.
111. Vaccination of inmates of institutions
Every superintendent or person in charge of a leper asylum or mental hospital
or chronic sick hospital, jail, prison, reformatory, penitentiary or other similar
institution shall cause to be vaccinated within fourteen days following his
admission to such institution every inmate thereof who, being in a fit state of
health to undergo vaccination, has not been successfully vaccinated within the
five years immediately preceding; and if such person is at the time unfit to
undergo vaccination he shall be vaccinated as soon as he is so fit.
112. School children to be vaccinated
(1) No child shall be admitted to or attend any school until there has been
produced to the person in charge thereof a certificate or other satisfactory
evidence that the provisions of this Part in respect of such child have been
complied with.
(2) For the purpose of ascertaining whether the provisions of subsection (1)
of this section are being observed, every public vaccinator is hereby authorized
and required whenever instructed by the Director of Medical Services to visit any
school, and make therein such inspection of the children attending thereat as will
enable him to furnish prescribed particulars to the Director of Medical Services as
to the children who are unvaccinated.
CAP. 242 [Rev. 2012]
Public Health
[Issue 1] 44
113. Prohibited methods of inoculation
Any person who inoculates himself or any other person with material taken
from a person suffering from smallpox or from a vaccine vesicle on another
person or by any method not prescribed in the rules shall be guilty of an offence.
114. Rules
The Minister, on the advice of the board, may make rules—
(a) prescribing the form of certificates, notices, returns and books of
record to be used in connexion with public vaccination, and defining
the information to be furnished therein, and requiring the furnishing
and prescribing the manner of use thereof by registrars of births,
public vaccinators, local authorities, medical practitioners, parents or
guardians of children, persons in charge of schools, employers of
labour and others;
(b) conferring powers and imposing duties, in connexion with the
carrying out or enforcement of vaccination, on magistrates, justices
of the peace, members of the police force or other Government
officers, local authorities, persons in charge of schools, employers of
labour, chiefs, headmen of locations and others;
(c) prescribing the conditions under which vaccine lymph may be
supplied free of charge to medical practitioners, municipal councils
and others;
(d) providing for the vaccination or revaccination of persons and
assigning where deemed desirable the responsibility for the carrying
out of such vaccination or revaccination to municipal councils or
employers of labour;
(e) as to the application and enforcement of the provisions of this Part
to persons entering Kenya, whether by land or sea, and for
requiring, where deemed necessary, the vaccination or
revaccination of any person before so entering.
[L.N. 188/1956, Sch., L.N. 173/1960, Sch., L.N. 41/1970, Sch.]
PART IX – SANITATION AND HOUSING
115. Nuisances prohibited
No person shall cause a nuisance or shall suffer to exist on any land or
premises owned or occupied by him or of which he is in charge any nuisance or
other condition liable to be injurious or dangerous to health.
116. Local authorities to maintain cleanliness and prevent nuisances
It shall be the duty of every local authority to take all lawful, necessary and
reasonably practicable measures for maintaining its district at all times in clean
and sanitary condition, and for preventing the occurrence therein of, or for
remedying or causing to be remedied, any nuisance or condition liable to be
injurious or dangerous to health, and to take proceedings at law against any
person causing or responsible for the continuance of any such nuisance or
condition.
[Rev. 2012] CAP. 242
Public Health
45 [Issue 1]
117. Health authorities to prevent or remedy danger to health from unsuitable
dwellings
It shall be the duty of every health authority to take all lawful, necessary and
reasonably practicable measures for preventing or causing to be prevented or
remedied all conditions liable to be injurious or dangerous to health arising from
the erection or occupation of unhealthy dwellings or premises, or the erection of
dwellings or premises on unhealthy sites or on sites of insufficient extent, or from
overcrowding, or from the construction, condition or manner of use of any factory
or trade premises, and to take proceedings against any person causing or
responsible for the continuance of any such condition.
[L.N. 256/1963, Fourth Sch., L.N. 41/1970, Sch.]
118. What constitutes nuisance
(1) The following shall be deemed to be nuisances liable to be dealt with in
the manner provided in this Part—
(a) any vessel, and any railway carriage or other conveyance, in such a
state or condition as to be injurious or dangerous to health;
(b) any dwelling or premises or part thereof which is or are of such
construction or in such a state or so situated or so dirty or so
verminous as to be, in the opinion of the medical officer of health,
injurious or dangerous to health, or which is or are liable to favour
the spread of any infectious disease;
(c) any street, road or any part thereof, any stream, pool, ditch, gutter,
watercourse, sink, water-tank, cistern, water-closet, earth-closet,
privy, urinal, cesspool, soak-away pit, septic tank, cesspit, soil-pipe,
waste-pipe, drain, sewer, garbage receptacle, dust-bin, dung-pit,
refuse-pit, slop-tank, ash-pit or manure heap so foul or in such a
state or so situated or constructed as in the opinion of the medical
officer of health to be offensive or to be injurious or dangerous to
health;
(d) any well or other source of water supply or any cistern or other
receptacle for water, whether public or private, the water from which
is used or is likely to be used by man for drinking or domestic
purposes or in connexion with any dairy or milkshop, or in connexion
with the manufacture or preparation of any article of food intended
for human consumption, which is in the opinion of the medical officer
of health polluted or otherwise liable to render any such water
injurious or dangerous to health;
(e) any noxious matter, or waste water, flowing or discharged from any
premises, wherever situated, into any public street, or into the gutter
or side channel of any street, or into any nullah or watercourse,
irrigation channel or bed thereof not approved for the reception of
such discharge;
(f) any stable, cow-shed or other building or premises used for keeping
of animals or birds which is so constructed, situated, used or kept as
to be offensive or which is injurious or dangerous to health;
(g) any animal so kept as to be a nuisance or injurious to health;
CAP. 242 [Rev. 2012]
Public Health
[Issue 1] 46
(h) any accumulation or deposit of refuse, offal, manure or other matter
whatsoever which is offensive or which is injurious or dangerous to
health;
(i) any accumulation of stones, timber or other material if such in the
opinion of the medical officer of health is likely to harbour rats or
other vermin;
(j) any premises in such a state or condition and any building so
constructed as to be likely to harbour rats;
(k) any dwelling or premises which is so overcrowded as to be injurious
or dangerous to the health of the inmates, or is dilapidated or
defective in lighting or ventilation, or is not provided with or is so
situated that it cannot be provided with sanitary accommodation to
the satisfaction of the medical officer of health;
(l) any public or other building which is so situated, constructed, used
or kept as to be unsafe, or injurious or dangerous to health;
(m) any occupied dwelling for which such a proper, sufficient and
wholesome water supply is not available within a reasonable
distance as under the circumstances it is possible to obtain;
(n) any factory or trade premises not kept in a clean state and free from
offensive smells arising from any drain, privy, water-closet, earth-
closet or urinal, or not ventilated so as to destroy or render harmless
and inoffensive as far as practicable any gases, vapours, dust or
other impurities generated, or so overcrowded or so badly lighted or
ventilated as to be injurious or dangerous to the health of those
employed therein;
(o) any factory or trade premises causing or giving rise to smells or
effluvia which are offensive or which are injurious or dangerous to
health;
(p) any area of land kept or permitted to remain in such a state as to be
offensive, or liable to cause any infectious communicable or
preventable disease or injury or danger to health;
(q) any chimney sending forth smoke in such quantity or in such
manner as to be offensive or injurious or dangerous to health;
(r) any cemetery, burial-place or place of sepulture so situated or so
crowded or otherwise so conducted as to be offensive or injurious or
dangerous to health;
(s) any act, omission or thing which is, or may be, dangerous to life, or
injurious to health.
(2) The author of a nuisance means the person by whose act, default or
sufferance nuisance is caused, exists or is continued, whether he is the owner or
occupier or both owner and occupier or any other person.
119. Notice to remove nuisance
The medical officer of health, if satisfied of the existence of a nuisance, shall
serve a notice on the author of the nuisance or, if he cannot be found, on the
occupier or owner of the dwelling or premises on which the nuisance arises or
continues, requiring him to remove it within the time specified in the notice, and
[Rev. 2012] CAP. 242
Public Health
47 [Issue 1]
to execute such work and do such things as may be necessary for that purpose,
and, if the medical officer of health think it desirable (but not otherwise),
specifying any work to be executed to prevent a recurrence of the said nuisance:
Provided that—
(i) where the nuisance arises from any want or defect of a structural
character, or where the dwelling or premises are unoccupied, the
notice shall be served on the owner;
(ii) where the author of the nuisance cannot be found and it is clear that
the nuisance does not arise or continue by the act or default or
sufferance of the occupier or owner of the dwelling or premises, the
medical officer of health shall remove the same and may do what is
necessary to prevent the recurrence thereof.
[L.N. 142/1963, Sch., L.N. 256/1963, Fourth Sch., L.N. 41/1970, Sch.]
120. Procedure if owner fails to comply with notice
(1) If the person on whom a notice to remove a nuisance has been served as
aforesaid fails to comply with any of the requirements thereof within the time
specified, the medical officer of health shall cause a complaint relating to such
nuisance to be made before a magistrate, and such magistrate shall thereupon
issue a summons requiring the person on whom the notice was served to appear
before his court.
(2) If the court is satisfied that the alleged nuisance exists, the court shall
make an order on the author thereof, or the occupier or owner of the dwelling or
premises, as the case may be, requiring him to comply with all or any of the
requirements of the notice or otherwise to remove the nuisance within a time
specified in the order and to do any works necessary for that purpose.
(3) The court may by such order impose a fine not exceeding two hundred
shillings on the person on whom the order is made, and may also give directions
as to the payment of all costs incurred up to the time of the hearing or making of
the order for the removal of the nuisance.
(4) If the court is satisfied that the nuisance, although removed since the
service of the notice, was not removed within the time specified in such notice,
the court may impose a fine not exceeding two hundred shillings on the person
on whom such notice was served, and may, in addition to or in substitution for
such fine, order such person to pay all costs incurred up to the time of the
hearing of the case.
(5) If the nuisance, although removed since the service of the notice, in the
opinion of the medical officer of health is likely to recur on the same premises,
the medical officer of health shall cause a complaint relating to such nuisance to
be made before a magistrate, and the magistrate shall thereupon issue a
summons requiring the person on whom the notice was served to appear before
him.
(6) If the court is satisfied that the alleged nuisance, although removed, is
likely to recur on the same premises, the court shall make an order on the author
thereof or the occupier or owner of the dwelling or premises, as the case may be,
requiring him to do any specified work necessary to prevent the recurrence of the
nuisance and prohibiting its recurrence.
CAP. 242 [Rev. 2012]
Public Health
[Issue 1] 48
(7) In the event of the person on whom such order as is specified in
subsections (5) and (6) not complying with the order within a reasonable time,
the medical officer of health shall again cause a complaint to be made to a
magistrate, who shall thereupon issue a summons requiring such person to
appear before him, and on proof that the order has not been complied with may
impose a fine not exceeding two hundred shillings, and may also give directions
as to the payment of all costs up to the time of the hearing.
(8) Before making any order, the court may, if it thinks fit, adjourn the hearing
or further hearing of the summons until an inspection, investigation or analysis in
respect of the nuisance alleged has been made by some competent person.
(9) Where the nuisance proved to exist is such as to render a dwelling unfit,
in the judgment of the court, for human habitation, the court may issue a closing
order prohibiting the use thereof as a dwelling until in its judgment the dwelling is
fit for that purpose; and may further order that no rent shall be due or payable by
or on behalf of the occupier of that dwelling in respect of the period in which the
closing order exists; and on the court being satisfied that it has been rendered fit
for use as a dwelling the court may terminate the closing order and by a further
order declare the dwelling habitable, and from the date thereof such dwelling
may be let or inhabited.
(10) Notwithstanding a closing order, further proceedings may be taken in
accordance with this section in respect of the same dwelling in the event of any
nuisance occurring or of the dwelling being again found to be unfit for human
habitation.
[L.N. 256/1963, Fourth Sch., L.N. 41/1970, Sch.]
121. Penalty respecting nuisances
(1) Any person who fails to obey an order to comply with the requirements of
the medical officer of health or otherwise to remove the nuisance shall, unless he
satisfies the court that he has used all diligence to carry out such order, be guilty
of an offence and liable to a fine not exceeding one thousand five hundred
shillings for every day during which the default continues; and any person wilfully
acting in contravention of a closing order issued under section 120 shall be guilty
of an offence and liable to a fine not exceeding one thousand five hundred
shillings for every day during which the contravention continues.
(2) The medical officer of health may in such case enter the premises to
which any such order relates, and remove the nuisance and do whatever may be
necessary in the execution of such order, and recover in any competent court the
expenses incurred from the person on whom the order is made.
[L.N. 256/1963, Fourth Sch., L.N. 41/1970, Sch., Act No. 2 of 2002, Sch.]
122. Court may order health authority to execute works in certain cases
Whenever it appears to the satisfaction of the court that the person by whose
act or default the nuisance arises, or that the owner or occupier of the premises,
is not known or cannot be found, the court may at once order the health authority
to execute the works thereby directed, and the cost of executing the same shall
be a charge on the property on which the said nuisance exists.
[L.N. 256/1963, Fourth Sch., L.N. 41/1970.]
[Rev. 2012] CAP. 242
Public Health
49 [Issue 1]
123. Examination of premises
The health authority or any of its officers, or the medical officer of health, or
any sanitary inspector, or, on the order of a magistrate, any police officer of or
above the rank of Inspector, may enter any building or premises for the purpose
of examining as to the existence of any nuisance therein at all reasonable times;
and the health authority or any of its officers may if necessary open up the
ground of such premises and cause the drains to be tested, or such other work to
be done as may be necessary for the effectual examination of the said premises:
Provided that if no nuisance is found to exist the authority shall restore the
premises at its own expense.
[L.N. 256/1963, Fourth Sch., L.N. 41/1970, Sch.]
124. Demolition of unfit dwellings
(1) Where any such nuisance as is mentioned in section 118 is proved to
exist with respect to a dwelling, and the court is satisfied that such dwelling is so
dilapidated or so defectively constructed or so situated that repairs to or
alterations of the same are not likely to remove the nuisance and make such
dwelling fit for human habitation, the court may order the owner thereof to
commence to demolish the dwelling and any other structures on the premises on
or before a specified day, being at least one month from the date of issuing the
order, and to complete the demolition and to remove the materials which
comprised the same from the site before another specified day.
(2) The court shall give notice to the occupier of a dwelling in respect of
which such an order has been issued requiring him to move therefrom within a
time to be specified in such notice, and if any person fails to comply with such
notice or enter the dwelling or premises after the date fixed except for the
purpose of demolition he shall be guilty of an offence.
(3) If any person fails to comply with such an order for demolition, he shall be
guilty of an offence and liable to pay the daily fine provided in section 121, and
the health authority may cause the dwelling and any other structures on the
premises to be demolished, and may recover from the owner the expense
incurred in doing so after deducting the net proceeds of the sale of the materials,
which the health authority may sell by auction.
(4) No compensation shall be paid by the health authority to the owner or
occupier of any dwelling or other structure in respect of the demolition thereof as
aforesaid, and from the date of the demolition order no rent shall be due or
payable by or on behalf of the occupier in respect of such dwelling or structure.
(5) In this section, “the court” means a subordinate court of the first class.
[Act No. 36 of 1962, Sch., L.N. 256/1963, Fourth Sch., L.N. 41/1970, Sch.]
125. Duty of department as to overcrowding, etc.
It shall be the duty of the Medical Department—
(a) to collect, investigate and consider and publish the facts as to any
overcrowding or bad or insufficient housing in the various districts of
Kenya;
(b) to inquire into the best methods of dealing with any overcrowding or
bad housing so ascertained to exist;
CAP. 242 [Rev. 2012]
Public Health
[Issue 1] 50
(c) to make or publish such recommendations as may seem necessary
in respect of the result of any such investigation or inquiry.
126. Rules under Part
The Minister, on the advice of the board, may make rules and may confer
powers and impose duties in connexion with the carrying out and enforcement
thereof on local authorities, magistrates, owners and others as to—
(a) the inspection of land, dwellings, buildings, factories and trade
premises, and for securing the keeping of the same clean and free
from nuisance and so as not to endanger the health of the inmates
or the public health;
(b) the construction of buildings, the provision of proper lighting and
ventilation and the prevention of over-crowding;
(c) the periodical cleansing and whitewashing or other treatment of
dwellings, and the cleansing of land attached thereto, and the
removal of rubbish or ref-use therefrom;
(d) the drainage of land, streets or premises, the disposal of offensive
liquids and the removal and disposal of rubbish, refuse, manure and
waste matters;
(e) the standard or standards or purity of any liquid which, after
treatment in any purification works, may be discharged therefrom as
effluent;
(f) the keeping of animals or birds and the construction, cleanliness
and drainage of places where animals or birds are kept;
(g) the establishment and carrying on of factories or trade premises
which are liable to cause offensive smells or effluvia, or to discharge
liquid or other material liable to cause such smells or effluvia, or to
pollute streams, or are otherwise liable to be a nuisance or injurious
or dangerous to health, and for prohibiting the establishment or
carrying on of such factories or trade premises in unsuitable
localities or so as to be a nuisance or injurious or dangerous to
health;
(h) the subdivision and general lay-out of land intended to be used as
building sites, the level construction, number, direction and the width
of streets and thoroughfares, the limitation of the number of
dwellings or other buildings to be erected on such land, the
proportion of any building site which may be built upon and the
establishment of zones within which different limitations shall apply
and of zones within which may be prohibited the establishment or
conduct of occupations or trades likely to cause nuisance or
annoyance to persons residing in the neighbourhood;
(i) the inspection of the district of any local authority by that local
authority with a view to ascertain whether the lands and buildings
thereon are in a state to be injurious or dangerous to health, and the
preparation, keeping and publication of such records as may be
required.
[L.N. 188/1956, Sch., L.N. 173/1960, Sch.]
[Rev. 2012] CAP. 242
Public Health
51 [Issue 1]
126A. By-laws as to buildings and sanitation
(1) Every municipal council and every urban and area council may, and shall
if so required by the Minister for the time being responsible for local government
with the agreement of the Minister, make by-laws for all or any of the following
matters—
(a) as regards buildings—
(i) for controlling the construction of buildings, and the materials
to be used in the construction of buildings;
(ii) for controlling the space about buildings, the lighting and
ventilation of buildings and the dimensions of rooms intended
for human habitation;
(iii) for controlling the height of buildings, and the height of
chimneys (not being separate buildings) above the roof of the
buildings of which they form part;
(iv) for prohibiting the erection or use of temporary or movable
buildings, whether standing on wheels or otherwise, and for
prohibiting or restricting the use of tents or similar buildings for
business or dwelling purposes;
(v) for requiring and regulating adequate provision for the escape
of the occupants of any building in the event of an outbreak of
fire;
(vi) for preventing the occupation of a new or altered building until
a certificate of the fitness thereof for occupation or habitation
has been issued by such local authority;
(vii) to compel employers to provide housing for their employees;
(viii) to compel owners to repair or demolish unsafe dangerous or
dilapidated buildings;
(b) as regards works and fittings—
(i) for regulating sanitary conveniences in connexion with
buildings, the drainage of buildings (including the means for
conveying refuse water and water from roofs and from yards
appurtenant to buildings), the cleansing, drainage and paving
of courts, yards and open spaces used in connexion with
buildings and cesspools, and other means for the reception or
disposal of foul matter in connexion with buildings;
(ii) for regulating excavations of any kind in connexion with
buildings;
(iii) for regulating wells, tanks and cisterns for the supply of water
for human consumption in connexion with buildings;
(iv) for regulating stoves and other fittings in buildings (not being
electric stoves or fittings), in so far as by-laws with respect to
such matters are required for the purposes of health and the
prevention of fire;
(v) for regulating private sewers and communications between
drains and sewers and between sewers;
CAP. 242 [Rev. 2012]
Public Health
[Issue 1] 52
(vi) for regulating the erection and use of scaffolding and hoarding
during the construction, demolition, repair, alteration or
extension of any building;
(vii) for prohibiting, securing the removal of and regulating
projections and obstructions in front of buildings, and
projections over streets,
but no such by-law shall be inconsistent with or repugnant to any written law in
force in the same area made under any other provision of this Act.
(2) By-laws made under this section may include provisions—
(a) as to the giving of notices and the deposit of plans, sections,
specifications and written particulars; and
(b) as to the inspection of work the testing of drains and sewers, and
the taking by such local authority as aforesaid of samples of
materials to be used in the construction of buildings, or in the
execution of other works, and for the payment of such reasonable
charges and fees as the local authority may determine, for the doing
of any of the things aforesaid.
(3) By-laws under subparagraphs (i), (ii) and (iii) of subsection (1)(a) may be
made with respect to—
(a) structural alterations or extensions of buildings, and buildings so far
as affected by alterations or extensions;
(b) buildings or parts of buildings in cases where any material change,
within the meaning of subsection (4), takes place in the purposes for
which a building or, as the case may be, a part of a building is used,
and, so far as they relate to the matters mentioned in this subsection, may be
made to apply to buildings erected before the date on which the by-laws came
into force, but, save as aforesaid, shall not apply to buildings erected before that
date.
(4) For the purposes of subsection (3), there shall be deemed to be a
material change in the purposes for which a building, or a part of a building, is
used if—
(a) a building, or a part of a building, being a building or part which was
not originally constructed for occupation as a dwelling, or which
though so constructed has been appropriated to other purposes,
becomes used as a dwelling; or
(b) a building, or a part of a building, being a building or part which was
originally constructed for occupation as a dwelling by one family
only, becomes occupied by two or more families; or
(c) where by-laws contain special provisions with respect to buildings
used for any particular purpose, a building or a part of a building,
being a building or part not previously used for that purpose,
becomes so used.
(5) The procedure for the making, approval and publication of by-laws made
under this section shall be that prescribed in the Local Government Act (Cap. 265),
and for the purposes of the enforcement thereof and the disposal of fines
[Rev. 2012] CAP. 242
Public Health
53 [Issue 1]
imposed for contravention thereof such by-laws shall be deemed to be by-laws
made by the same local authority under that Act.
(6) Rules may be made under any other provision of this Act notwithstanding
that they may be inconsistent with or repugnant to any by-law made under this
section and in force in the area to which such rules apply, and to the extent, if
any, of such inconsistency or repugnancy as aforesaid, the rules shall prevail.
[L.N. 256/1963, Fourth Sch.]
126B. Power to relax requirements of building by-laws
Where a local authority considers that the operation of any building by-law
made by it under section 126A would be unreasonable in relation to any
particular case, it may, with the consent of the Minister for the time being
responsible for local government given with the agreement of the Minister, relax
the requirements of the by-law or dispense with compliance therewith:
Provided that the local authority shall give notice of any such proposed
relaxation of dispensation in such manner and to such persons, if any, as the
Minister for the time being responsible for local government may direct, and that
the Minister shall not give his consent before the expiration of one month from
the giving of the notice and, before giving his consent, shall take into
consideration any objection which may have been received by him.
[L.N. 256/1963, Fourth Sch.]
126C. Passing or rejection of plans and retention of plans, etc.
(1) Where plans of any proposed work are, in accordance with any building
by-laws made under section 126A, deposited with a local authority, the local
authority shall, subject to any other provisions of this Act, or any rule or By-law
made thereunder which expressly requires or authorizes it in certain cases to
reject plans, pass the plans unless they either are defective, or show that the
proposed work would contravene any of those rules or by-laws, and, if the plans
are defective or would contravene any of those rules or by-laws, such local
authority shall reject the plans.
(2) The local authority shall within the prescribed period from the deposit of
the plans give notice to the person by whom or on whose behalf they were
deposited whether or not they are passed, and—
(a) a notice of rejection shall specify the defects on account of which, or
the by-law or the provision of this Act or the rule (if any) made
thereunder for non-conformity with which, or under the authority of
which, the plans have been rejected; and
(b) a notice that plans have been passed shall state that the passing of
the plans operates as an approval thereof only for the purposes of
the requirements of the said building by-laws and of any such
provision of this Act or any rule made thereunder as is referred to in
subsection (1).
(3) Any question arising under this section between a local authority and the
person by whom or on whose behalf plans are deposited as to whether the plans
CAP. 242 [Rev. 2012]
Public Health
[Issue 1] 54
are defective, or whether the proposed work would contravene any of the said
building by-laws may, on the application of that person, be determined by a
subordinate court of the first class:
Provided that no such application shall be entertained unless it is made
before the proposed work has been substantially commenced.
(4) For the purposes of this section, the prescribed period in relation to the
passing or rejection of plans is one month, but building by-laws made under
section 126A by a local authority whose meetings are normally held not more
frequently than once a month, may provide that in the case of plans deposited
less than three clear days before a meeting of the local authority the prescribed
period shall be five weeks:
Provided that the local authority may, within the said period of one month or
five weeks, as the case may be, by notice in writing extend such period in the
case of any particular application for a further period of one month.
(5) Building by-laws made under section 126A may—
(a) require that plans and other documents to be deposited in
pursuance of the by-laws shall be deposited in such number of
copies as the local authority may stipulate and, if the by-laws
contain such a requirement the local authority may retain one or
more copy of any plans or other documents so deposited, whether
or not the plans are passed; and
(b) require the payment of such reasonable fee as the local authority
may determine for the examination by it of any plans or other
documents deposited with it pursuant to such by-laws; and
(c) stipulate the period within which a building shall be commenced and
completed.
[L.N. 256/1963, Fourth Sch.]
126D. Power to require removal or alteration of work in certain cases
(1) If any work, to which building by-laws made under section 126A are
applicable, contravenes any of those by-laws, the local authority which made
them, without prejudice to its right to take proceedings in respect of the
contravention, may by notice require the owner either to pull down or remove the
work or, if he so elects, to effect such alterations therein as may be necessary to
make it comply with the by-laws.
(2) In a case where the local authority is, by any provision in this Act other
than section 126C or by any rules made thereunder other than building by-laws
made under section 126A, expressly required or authorized to reject plans, then,
if any work to which such building by-laws are applicable is executed either
without plans having been deposited, or notwithstanding the rejection of the
plans, or otherwise than in accordance with any requirements subject to which
the local authority passed the plans, the local authority may by notice to the
owner either require him to pull down or remove the work, or if he so elects, to
comply with any other requirements specified in the notice, being requirements
which the local authority might have made under the provision or rule in question
as a condition of passing plans.
[Rev. 2012] CAP. 242
Public Health
55 [Issue 1]
(3) A notice under subsection (1) or subsection (2) may be served either
personally or by registered post or by attaching the same to such work or by
advertisement in not less than two consecutive issues of a newspaper circulating
in the area in which such work is situate.
(4) Where such local authority is unable to ascertain the name and address
of the owner of the work, the owner of the land upon which the work stands shall,
upon being required in writing so to do by the local authority within twenty-eight
days of the date of the service of such requirement, furnish the local authority
with full particulars of the name and address of the owner of such work, and if the
owner of the land without reasonable excuse fails to furnish the said particulars
within the time prescribed and if he in furnishing the particulars makes any
statement which proves to be false he shall be guilty of an offence and shall be
liable to a fine not exceeding one thousand shillings, and if he shall thereafter
continue to withhold the said particulars he shall be liable to a further fine not
exceeding thirty shillings for every day during which such offence shall continue.
(5) If a person to whom notice has been given under subsection (1) or
subsection (2) fails to comply with the notice before the expiration of twenty-eight
days, or such longer period as may be specified in the notice or as a subordinate
court of the first class may on his application allow, the local authority which gave
the notice may pull down or remove the work in question, and may if it thinks fit
sell the materials thereof or effect such alterations therein as it deems necessary.
(6) The amount of any expenses incurred by a local authority under
subsection (5), after giving credit for any amount realized by the sale of materials
if sold, shall be a civil debt recoverable summarily by the local authority from the
owner of the work and the owner of the land upon which the work is situate jointly
and severally and the right of a local authority to recover any such amount, or
any part thereof, from any person under this subsection shall not be barred by
reason only of the local authority having obtained judgment for the same, or any
part thereof, against any other person, and where any person liable therefor pays
to such local authority the full amount of any such expenses, he may recover
from any other person liable jointly therefor such contribution, if any, as a
subordinate court of the first class may determine to be just and equitable.
(7) Any surplus in the hands of the local authority shall be paid by it to the
owners of the work and the land on which the same is situate as those owners
agree; and if the owners do not agree as to the division of such surplus the local
authority shall be deemed by virtue of this subsection to be a trustee of the
surplus for such owners, and section 63 of the Trustee Act (Cap. 167) (which
relates to payment into court by trustees) shall have effect accordingly.
(8) The court, in determining for the purposes of this section the shares in
which any expenses shall be contributed by, or any surplus shall be divided
between, two or more persons, shall have regard to their respective interests in
the work and the land on which the same is situate, the right (if any) of the owner
of the work to remove the same, the respective obligations and liabilities of the
parties in respect of the maintenance and repair of the work, and all the other
circumstances of the case.
(9) By-laws made under section 126A may provide for compensation to be
payable by the local authority to the owner or occupier of any work pulled down
CAP. 242 [Rev. 2012]
Public Health
[Issue 1] 56
or removed, for such reasons or in such circumstances as may be specified in
the by-laws by such local authority under section 126A(3) but, save as aforesaid,
no compensation shall be payable for any work so removed or pulled down.
(10) No such notice as is mentioned in subsection (1) or subsection (2) shall
be given after the expiration of twelve months from the date of the completion of
the work in question, and, in any case where plans were deposited, it shall not be
open to the local authority to give such a notice on the ground that the work
contravenes any building by-laws made under section 126A, or, as the case may
be, does not comply with its requirements under any other provision of this Act or
rules made thereunder as aforesaid, if either the plans were passed by the local
authority, or notice of their rejection was not given within the prescribed period
from the deposit thereof, and if the work has been executed in accordance with
the plans and of any requirement made by the local authority as a condition of
passing the plans.
(11) Nothing in this section shall affect the right of a local authority, or of the
Attorney-General, or of any other person, to apply for an injunction for the
removal or alteration of any work on the grounds that it contravenes any by-law
or any provision in this Act, but if the work is one in respect of which plans were
deposited and the plans were passed by the local authority or notice of their
rejection was not given within the prescribed period after the deposit thereof, and
if the work has been executed in accordance with the plans, the court on granting
the injunction shall have power to order the local authority to pay to the owner of
the work such compensation as the court thinks just, but before making any such
order the court shall cause the local authority, if not a party to the proceedings, to
be joined as a party thereto.
[L.N. 256/1963, Fourth Sch.]
PART X – PROTECTION OF FOODSTUFFS
127. Construction and regulation of buildings used for storage of foodstuffs
(1) All warehouses, godowns or buildings of whatever nature used for the
storage of foodstuffs shall be constructed of such materials and in such manner
as shall in the opinion of the medical officer of health render such warehouse,
godown or building rat-proof.
(2) Where any warehouse, godown or building intended for the storage of
foodstuffs aforesaid has fallen into a state of disrepair, or does not in the opinion
of the medical officer of health afford sufficient protection against rat invasion by
reason of the materials used in the construction of the same being defective, the
medical officer of health may by written notice require the owner to effect such
repairs and alterations as the notice shall prescribe within a time to be specified
in the said notice, and if such requirement is not complied with the health
authority may enter upon the premises and effect such repairs and alterations,
and may recover all costs and expenses incurred from the owner.
(3) Where in the opinion of the medical officer of health and foodstuffs within
a warehouse, godown or building are insufficiently protected, the owner thereof
[Rev. 2012] CAP. 242
Public Health
57 [Issue 1]
shall observe all written instructions and directions of the medical officer of health
within a time to be specified in the said notice for the better protection of the
same:
Provided that in the case of any prosecution under this section the court
may in its discretion acquit the accused if it is satisfied that all reasonable steps
have been taken to exclude rats having regard to all the circumstances of the
case.
[L.N. 41/1970, Sch.]
128. Prohibition of residing or sleeping in kitchens or food stores
(1) No person shall reside or sleep in any kitchen or room in which foodstuffs
are prepared or stored for sale.
(2) If it appears to the medical officer of health that any such kitchen or room
is being so used contrary to the provisions of this section, or that any part of the
premises adjoining the room in which foodstuffs are stored or exposed for sale is
being used as a sleeping apartment under such circumstances that the foodstuffs
are likely to be contaminated or made unwholesome, he may serve upon the
offender or upon the owner of the house, or upon both, a notice calling for such
measures to be taken as will prevent the improper use of such kitchen and
premises within a time to be specified in the notice, and if such notice is not
complied with the party upon whom it was served shall be guilty of an offence.
PART XI – PUBLIC WATER SUPPLIES, MEAT, MILK AND OTHER
ARTICLES OF FOOD
129. Duty of local authority as to protection of water supplies
It shall be the duty of every local authority to take all lawful, necessary and
reasonably practicable measures—
(a) for preventing any pollution dangerous to health of any supply of
water which the public within its district has a right to use and does
use for drinking or domestic purposes (whether such supply is
derived from sources within or beyond its district); and
(b) for purifying any such supply which has become so polluted,
and to take measures (including, if necessary, proceedings at law) against any
person so polluting any such supply or polluting any stream so as to be a
nuisance or danger to health.
130. Rules for protection of water supplies
(1) The Minister, on the advice of the board, may make, and impose on local
authorities and others the duty of enforcing, rules in respect of defined areas—
(a) prohibiting bathing in, and prohibiting or regulating the washing of
clothes or other articles or of animals in, or in any place draining
into, any such water supply as is mentioned in section 129;
(b) prohibiting or regulating the erection of dwellings, sanitary
conveniences, stables, cattle-kraals, pig-styes, ostrich-pens, dipping
tanks, factories or other works likely to entail risk of harmful pollution
CAP. 242 [Rev. 2012]
Public Health
[Issue 1] 58
of any such water supply, or prohibiting or regulating the deposit in
the vicinity of, or in any place draining into, any such supply of any
manure, filth or noxious or offensive matter or thing,
and generally, for preventing the pollution dangerous to health of any supply of
water which the public within its district has a right to use and does use for
drinking or domestic purposes and for purifying any such supply which has
become so polluted, and for preventing the pollution of streams so as to be a
nuisance or a danger to health.
(2) Rules under this section shall be made with due regard to the interests of
agricultural or any other industries.
[L.N. 188/1956, Sch., L.N. 173/1960, Sch.]
131. Sale of unwholesome food prohibited
(1) No person shall sell or expose for sale or import or bring into any market
or have in his possession without reasonable excuse any food for man in a
tainted, adulterated, diseased or unwholesome state, or which is unfit for use, or
any food for any animal which is in an unwholesome state or unfit for their use,
and any medical officer of health, veterinary officer, sanitary inspector, meat
inspector or police officer of or above the rank of Inspector may seize any such
food, and any magistrate on the recommendation of the medical officer of health,
a sanitary inspector or a veterinary officer may order it to be destroyed, or to be
so disposed of as to prevent it from being used as food for man or animal as the
case may be.
(2) No person shall collect, prepare, manufacture, keep, transmit or expose
for sale any foodstuffs without taking adequate measures to guard against or
prevent any infection or contamination thereof.
132. Seizure of unwholesome foods
Any medical officer of health, or other person duly authorized by the health
authority in writing, may, at any time between the hours of 6 a.m. and 6 p.m.,
enter any shop or premises used for the sale or preparation for sale or storage
of food to inspect and examineany food found therein which he has reason to
believe is intended to be used as human food, and should such food appear to
such officer to be unfit for such use he may seize the same, and any magistrate
may order it to be disposed of as in section 131; the proof that such food was not
exposed or deposited for any such purpose shall rest with the person charged.
[L.N. 256/1963, Fourth Sch., L.N. 41/1970, Sch.]
133. Penalty respecting unwholesome food
Any person in whose possession there is found any food liable to seizure
under section 131 or section 132 shall further be guilty of an offence and liable to
a fine not exceeding two hundred thousand shillings or to imprisonment for a
term not exceeding three years or to both.
[Act No. 2 of 2002, Sch.]
134. Rules for protection of food
The Minister, on the advice of the board, may make rules regarding all or any
of the following matters—
(a) the inspection of dairy stock and of animals intended for human
consumption, and of dairies, stock-sheds or yards, milk-shops, milk-
[Rev. 2012] CAP. 242
Public Health
59 [Issue 1]
vessels and slaughterhouses, and of factories, stores, shops and
other places where any article of food is manufactured or prepared
or kept;
(b) the taking and examination of samples of milk, dairy produce, meat
or other articles of food and the removal or detention, pending
examination or inquiry, of animals or articles which are suspected of
being diseased or unsound or unwholesome or unfit for human
consumption, and the seizure and destruction or treatment, or
disposal so as not to endanger health, of any such article which is
found to be unwholesome or unsound or diseased or infected or
contaminated, and of diseased animals sold or intended or offered
or exposed for sale for human consumption; and such rules may
empower a medical officer of health, or in the case of meat a
veterinary officer, to detain, seize or destroy any diseased, unsound
or unwholesome article of food, but shall not confer on any other
person any power beyond that of detention of such article for the
purpose of examination by a medical officer of health, or in the case
of meat a veterinary officer;
(c) fixing standards of cleanliness of milk, and prescribing the warning
to be given to any cow-keeper, dairyman or purveyor of milk that
any milk sold or kept or transmitted or exposed for sale by him has
been found to be below any such standard, and the issue of orders
prohibiting the sale or the keeping or exposure for sale of milk from
any particular animal or animals, or requiring the closing of any dairy
stock-shed or yard or milk-shop the milk from which is found, after
analysis and official warning, to be below any such standard;
(d) the conveyance and distribution of milk and the labelling or marking
of receptacles used for the conveyance of milk;
(e) the veterinary inspection of dairy stock, the sampling and
bacteriological examination of milk and dairy produce and the
prevention of the sale, or the keeping, transmission or exposure for
sale, of milk from a diseased or infected animal;
(f) the duties of cow-keepers, dairymen and purveyors of milk in
connexion with the occurrence of infectious disease amongst person
residing or employed in or about their premises and the furnishing
by them of the names and addresses of their customers, and of
cow-keepers in connexion with reporting the occurrence, in animals
on the premises or any dairy cattle of diseases which are
communicable to man and of any disease of the udder;
(g) the inspection and examination of, and the regulation, inspection
and supervision of the manufacture, preparation, storage, keeping
and transmission of, any article of food intended for sale or for
export, and the prohibition of the manufacture, preparation storage,
keeping transmission, sale or export of any such article which is, or
contains an ingredient which is, diseased or unsound or unfit for
human consumption, or which has been exposed to any infection or
contamination;
(h) the establishment, locality, supervision, equipment, maintenance
and management of slaughterhouses and the disposal of the waste
CAP. 242 [Rev. 2012]
Public Health
[Issue 1] 60
products of slaughtering and the inspection of slaughterhouses and
the animals therein, and prohibiting, restricting or regulating the
slaughtering or animals;
(i) prohibiting the importation of any article of food which is not clean,
wholesome, sound and free from any disease or infection or
contamination, and the seizure and disposal by destruction or
otherwise of any such article so imported;
(j) the preparation, manufacture or importation and the storage and
sale of or trade in articles of food which are packed in air-tight
receptacles or are otherwise preserved, and the marking of any
such article or receptacle with the date of manufacture or
preparation;
(k) prohibiting the importation, sale, possession or use of vessels which
are intended to contain milk or any liquid or semi-solid article of food
and which are rusty or defectively soldered or are made of material
containing in any part likely to come in contact with the contents,
lead or other poisonous or injurious substance in such proportion as
to be likely to cause injury or danger to health, and fixing the
maximum proportions of such substances which may be used in
such vessels;
(l) in relation to food intended for sale or export, prescribing standards
of composition, strength and quality, for the prevention of
adulteration, misbranding, misdescription or reduction below a
prescribed standard and for securing the sale in a pure state and in
a condition which conforms with such standards.
[L.N. 188/1956, Sch., L.N. 173/1960, Sch.]
135. Orders for protection of food
The Minister, on the advice of the Board, may make orders—
(a) requiring the medical examination of any person in any premises in
which any milk or dairy produce or other article of food intended for
sale is collected, kept, sold or exposed for sale, or of any person
who has been engaged in the collection, preparation, keeping,
conveyance or distribution of any such milk or produce or article;
(b) prohibiting the registration as cow-keeper, dairyman or purveyor of
milk, or the employment in connexion with the collection,
preparation, storage, distribution or sale of milk, or dairy produce or
any article of food, of any person who has been proved to be a
carrier of the infection of typhoid or enteric fever or other infectious
disease;
(c) requiring the closing of any stock-shed or yard, dairy or milk-shop,
or the exclusion from any stock-shed or dairy premises of any
animal the milk from which is believed to have conveyed or to be
liable to convey any infectious disease;
(d) prohibiting the sale or exposure for sale of milk by any cow-keeper,
dairyman or purveyor of milk who has been three times convicted of
offences under any laws or rules regarding the milk trade.
[L.N. 187/1956, Sch., L.N. 172/1960.]
[Rev. 2012] CAP. 242
Public Health
61 [Issue 1]
135A. Powers of certain municipal councils respecting milk, etc.
(1) Every municipal council may with the approval of the Minister make by-
laws applicable to its area for all or any of the following purposes—
(a) for regulating, supervising and licensing purveyors of milk and ice-
cream makers and vendors;
(b) for regulating, inspecting, supervising and licensing dairies and milk-
shops;
(c) for regulating the conveyance and distribution and securing the
identification of the source of milk or milk products distributed,
offered for sale or sold within its area of jurisdiction;
(d) for prescribing the conditions subject to which any milk or milk
products, wherever produced or prepared, may be introduced,
distributed, stored, sold or used within its area of jurisdiction;
(e) for enabling such municipal council to certify the quality of any milk
and prohibiting the unauthorized use of any terms employed by the
municipal council in denoting such quality; and
(f) for prohibiting the introduction, distribution, storage, sale or use
within its area of jurisdiction of any milk or milk products from any
source within or without such area where it appears to such
municipal council or a committee thereof, on the certificate of its
medical officer of health or such other person as the municipal
council may authorize in that behalf, that the consumption of such
milk or milk products is likely to cause the outbreak or spread of any
infectious or contagious diseases,
but no such by-law or rule shall be inconsistent with or repugnant to any rule or
order under section 134 or section 135 in force in the area of jurisdiction of such
municipal council.
(2) The procedure for the making, approval and publication of by-laws or
rules made under this section shall be that prescribed in the Local Government
Act (Cap. 265) and for the purpose of the enforcement thereof, and the disposal
of fines imposed for contravention thereof, such by-laws or rules, as the case
may be, shall be deemed to be by-laws or rules made by the same municipal
council under this Act.
(3) Rules may be made under section 134 and orders may be made under
section 135 notwithstanding that they may be inconsistent with or repugnant to
any by-law or rule of a municipal council and in force in the area to which such
rules or orders shall prevail over such By-law or rules of the municipal council.
[L.N. 256/1963, Fourth Sch., L.N. 41/1970, Sch., Act No. 17 of 2006, s. 16.]
PART XII – PREVENTION AND DESTRUCTION OF MOSQUITOES
136. Breeding places of mosquitoes to be nuisances
For the purposes of this Act—
(a) all collections of water, sewage, rubbish, refuse, ordure or other fluid
or solid substances which permit or facilitate the breeding or
multiplication of animal or vegetable parasites of men or domestic
CAP. 242 [Rev. 2012]
Public Health
[Issue 1] 62
animals, or of insects or of other agents, which are known to carry
such parasites or which may otherwise cause or facilitate the
infection of men or domestic animals by such parasites;
(b) any collection of water in any well, pool, gutter, channel, depression,
excavation, barrel, tub, bucket or any other article, and found to
contain any of the immature stages of the mosquito;
(c) any cesspit, latrine, urinal, dung-pit or ash-pit found to contain any of
the immature stages of the mosquito,
shall be nuisances liable to be dealt with in the manner hereinbefore provided for
the treatment of nuisances.
137. Yards to be kept free from bottles, whole or broken, etc.
(1) The occupier or owner of any premises shall keep such premises free
from all bottles, whole or broken, whether fixed on walls or not, tins, boxes,
calabashes, earthenware vessels, shells or any other articles which are kept so
that they are likely to retain water.
(2) Any occupier or owner of any premises who fails to comply with the
provisions of subsection (1) shall be guilty of an offence and liable to a fine not
exceeding one hundred shillings.
138. Premises not to be overgrown
No person shall within a township permit any premises or lands owned or
occupied by him or over which he has control to become overgrown with bush or
long grass of such a nature as, in the opinion of the medical officer of health, to
be likely to harbour mosquitoes.
139. Wells, etc., to be covered
(1) It shall not be lawful for any person to keep, or for the occupier or owner
of any premises to allow to be kept thereon, any collection of water in any well,
barrel, tub, bucket, tank or other vessel intended for the storage of water, unless
such well, barrel, tub, bucket, tank or other vessel is fitted with a sufficient cover
and is properly protected or screened to the satisfaction of the medical officer of
health so as to prevent the ingress of mosquitoes into the same.
(2) Any person offending against the provisions of subsection (1) shall be
guilty of an offence and liable to a fine not exceeding one hundred shillings, and
after notice received from the medical officer of health to a further fine not
exceeding twenty shillings for each day during which he makes default.
140. Cesspits to be screened
The occupier or owner of any premises upon or attached to which is any
cesspit shall cause such cesspit to be properly protected or screened to the
satisfaction of the medical officer of health so as to prevent the ingress of
mosquitoes into the same, and in default he shall be guilty of an offence and
liable to a fine not exceeding one hundred shillings, and to a further fine not
exceeding twenty shillings for each day during which he continues to make such
default after notice received from the health authority to comply with the
provisions of this section.
[L.N. 256/1963, Fourth Sch., L.N. 41/1970, Sch.]
[Rev. 2012] CAP. 242
Public Health
63 [Issue 1]
141. Gutters may be required to be perforated
It shall be lawful for the medical officer of health by written notice to require
the occupier or owner of any premises upon or attached to which is any gutter,
pipe, groove or waterway used or intended for carrying off water from any roof or
other place to cause the same to be perforated by holes at least every two feet in
such a manner as to prevent the collection or accumulation of water therein, and
if any person duly served with such notice fails to comply with the provisions
thereof within such times as may be specified therein he shall be guilty of an
offence and liable to a fine not exceeding one hundred shillings, and to a further
fine not exceeding twenty shillings for each day during which he continues to
make such default.
142. Larvae, etc., may be destroyed
Where any of the immature stages of the mosquito are found on any premises
in any collection of water in any cesspit, well, pool, channel, barrel, tub, bucket,
tank or any other vessel, or in any bottle, whole or broken, whether fixed on a
wall or not, tin, box, calabash, shell or any other article, it shall be lawful for the
medical officer of health, health inspector or any person specially authorized in
writing in that behalf by the Director of Medical Services or the medical officer of
health to take immediate steps to destroy any such immature stages of the
mosquito by the application of oil or larvicide or otherwise, and to take such
action as is necessary to prevent the recurrence of the nuisance and to render
any pools or collections of water unfit to become breeding places for mosquitoes.
143. Mere presence of mosquito larvae an offence
Notwithstanding any provision of this Act, the occupier or owner of any house
or premises, or the owner or person having the charge of any vessel, timber,
cask or other article, in or about which there is any collection of water found by
the medical officer of health, health inspector or any other person appointed in
writing by the Director of Medical Services or the medical officer of health as an
inspector for the purpose to contain any of the immature stages of the mosquito
shall be guilty of an offence and liable in respect of each and every such
collection of water to a fine not exceeding one hundred shillings, or in default to
be imprisoned for seven days.
PART XIII – CEMETERIES
144. Dead to be buried in appointed cemeteries
(1) It shall be lawful for the Minister to select and appoint and to notify in the
Gazette sufficient and proper places to be the sites of and to be used as
cemeteries; and it shall be obligatory where such cemeteries exist to bury the
dead in such cemeteries in conformity with the provisions of rules made by any
local authority.
(2) Any person who is guilty of a breach of any such rule shall be guilty of an
offence and liable to a fine not exceeding one thousand five hundred shillings.
[L.N. 187/1956, Sch., L.N. 172/1960, Sch.]
CAP. 242 [Rev. 2012]
Public Health
[Issue 1] 64
145. Authorized cemeteries
All cemeteries now being used as such, and such other cemeteries as may be
authorized by the Minister, notice whereof shall be published in the Gazette, shall
be deemed authorized cemeteries.
[L.N. 187/1956, Sch., L.N. 172/1960, Sch.]
146. Permit to exhume
(1) Subject to the provisions of section 147, it shall not be lawful to exhume
any body or the remains of any body which may have been interred in any
authorized cemetery or in any other cemetery, burial ground or other place
without a permit granted in manner hereinafter provided.
(2) Such permit shall be granted only to the legal personal representative or
next of kin of the person buried, or to his or their duly authorized agent.
(3) Such permit may be granted by the Minister in respect of any body or the
remains of any body interred in any cemetery or burial ground or any other place.
(4) The permitting authority may prescribe such precautions as he may deem
fit as the condition of the grant of such permit, and any person who exhumes any
body or the remains of any body contrary to this Act, or who neglects to observe
the precautions prescribed as the condition of the permit, shall be guilty of an
offence and liable to a fine not exceeding one thousand five hundred shillings:
Provided that nothing herein contained shall be deemed to affect the right
of a magistrate to order the exhumation of a body or the remains of any body for
the purpose of holding an inquiry into the cause of death of any person.
[Act No. 28 of 1961, Sch.]
147. Exhumation needed for execution of public works may be ordered
(1) It shall be lawful for the Minister, whenever he deems it expedient for the
execution of any public work or any public purpose, to remove any body or the
remains of any body from any grave whether in an authorized cemetery or
elsewhere, and by order under his hand to direct such removal to be made in
such manner as he thinks fit.
(2) No such order shall be made in respect of any grave situated in an
authorized cemetery until six months’ notice of the intention to make it has been
given by notification in the Gazette; copies of such notice shall be posted at or
near the grave, and copies shall be sent by post in a registered letter to the legal
personal representative or next of kin of the person buried, if his or their address
can be ascertained; and such copies shall be accompanied by a translation in the
language of the race to which the deceased person belonged.
(3) When an order is made directing a removal from any grave aforesaid
elsewhere than in an authorized cemetery, due notice of such order shall, so far
as it is possible to do so, be given to the legal representative or next of kin of the
person buried before the work of removal is undertaken.
(4) The Government shall make proper and fitting arrangements for the re-
interment in an authorized cemetery of any body or remains of any body
removed under this section, and for the removal and re-erection of any
monument, all charges in connexion therewith being defrayed out of the public
funds.
[L.N. 187/1956, Sch., L.N. 172/1960, Sch.]
[Rev. 2012] CAP. 242
Public Health
65 [Issue 1]
148. Record of permits and orders for exhumation
(1) There shall be kept a record of every permit granted and of every order
made under section 146 or section 147.
(2) Such record shall contain particulars, so far as the same can be
ascertained, of the race, nationality, name, sex and age of the persons buried,
the date of burial and the place of original burial and of reburial or removal.
(3) Such record shall be open during office hours to inspection by any
person.
149. Closing of cemeteries
It shall be lawful for the Minister to notify in the Gazette that any cemetery or
burial ground shall, from a time in such notification to be specified, be closed,
and the same shall be closed accordingly, and whosoever, after the said
specified time, buries any body or the remains of any body in the said cemetery
or burial ground shall be guilty of an offence and liable to a fine not exceeding
one thousand five hundred shillings.
[L.N. 188/1956, Sch., L.N. 173/1960, Sch.]
150. Reimbursement of expenses to the board
(1) All reasonable expenses incurred by the board in consequence of any
default in complying with any order or notice issued under this Act shall be
deemed to be money paid for the use and at the request of the person on whom
the said order or notice was made, and shall be recoverable from him at the suit
of the board as a civil debt recoverable summarily.
(2) The provisions of this section shall apply to any orders or notices issued
under any rules by the local authority.
PART XIV – GENERAL
151. Basements not to be occupied without permission
It shall not be lawful to live in, occupy or use, or to let or sublet, or to suffer or
permit to be used, any basement for habitation, nor shall it be lawful, without the
written permission of the medical officer of health, to use such basement as a
shop, workshop or factory, or for the preparation or storage of food, and no
basement shall be used unless it is well lit and ventilated and is free from damp
and is rendered rat-proof to the satisfaction of the medical officer of health.
[L.N. 41/1970, Sch.]
152. Regulation of lodging-houses
The Minister, on the advice of the board, may make rules for the conduct and
inspection of lodging-houses, and no person shall open, or keep open, a lodging-
house unless the house is registered and the keeper thereof is licensed by the
local authority.
[L.N. 188/1956, Sch., L.N. 173/1960, Sch.]
153. Regulation of nursing homes, etc.
(1) The Minister, on the advice of the board, may make rules for the conduct
and inspection of nursing homes convalescent homes, private hospitals, private
CAP. 242 [Rev. 2012]
Public Health
[Issue 1] 66
mental hospitals, maternity homes, infirmaries or any institutions where invalids,
convalescents or children are treated or received upon payment of fees or
charges, and no person shall open, or keep open, any such premises unless the
premises and the keeper thereof are licensed by the board.
(2) The Director of Medical Services, on the advice of the board, may
authorize a medical practitioner to visit and inspect any such premises, as are
mentioned in subsection (1) and to report to the board upon any matter or thing
connected with such premises or the use thereof.
(3) Any person who knowingly obstructs an authorized medical practitioner in
any inspection authorized by the Director of Medical Services, under
subsection (2), shall be guilty of an offence.
(4) The board may refuse to grant a licence and may cancel any licence
which has been granted under this section on any of the following grounds—
(a) that the premises in respect of which a licence is sought or has been
granted are unsuitable or otherwise do not conform with the
requirements of any rules made under this section;
(b) that the granting or continuance of a licence would be contrary to
the public interest;
(c) that the person in respect of whom a keeper’s licence is sought or
has been granted has failed to satisfy the board that he or she is a
fit and proper person to be trusted to conduct or to continue to
conduct the premises for which the keeper’s licence is sought or has
been granted.
[L.N. 188/1956, Sch., L.N. 173/1960, Sch.]
154. Markets
For the purposes of this Act, the Minister may make rules for the
establishment, control and closing of all markets and market buildings.
[L.N. 187/1956, Sch., L.N. 172/1960, Sch.]
155. Board may apply for additional public latrines on unleased public land
When in the opinion of the local authority additional public latrine
accommodation is required in any locality upon unleased public land, the local
authority shall apply in writing to the Minister, specifying the site upon which it
desires the erection of a public latrine, and the accommodation to be provided by
such latrine, and the Minister shall, after due inquiry, give his decision on the
matter.
[Act No. 28 of 1961, Sch., L.N. 365/1964, Sch.]
156. Regulation of public washermen
Every local authority may by public notice prohibit the washing of clothes by
washermen in the exercise of their calling except at public wash-houses or at
such other places as it may appoint for the purpose.
157. Control of irrigated land, and rules for the regulation of standing or
running water
(1) Where it is shown to the satisfaction of the Minister, upon the advice of
the board, that the growing of any crop or the irrigation of any land being within
[Rev. 2012] CAP. 242
Public Health
67 [Issue 1]
the boundaries of a township or within three miles of such boundaries is
unhealthful or insanitary, the Minister may, after consultation with the Minister for
the time being responsible for Agriculture, by order, prohibit the growing of any
crop or the irrigation of any land within any area, within the boundaries of a
township or within three miles of such boundaries, and may cause any permit or
authorization issued for the diversion, abstraction or use of water for such
purpose to be cancelled upon such terms as may appear to him equitable.
(2) The Minister may make rules for ensuring that the health of the
inhabitants of a district may be safeguarded in respect of—
(a) the prevention of pools of standing water;
(b) the drainage and control of such pools when they exist;
(c) the inspection, repair and cleansing of open channels, canals and
drains.
[L.N. 188/1956, Sch., L.N. 173/1960, Sch., Act No. 28 of 1961, Sch.]
158. Supervision of importation or manufacture of vaccines, etc.
(1) The Minister may provide for the inspection, sampling and examination,
by officers of the Medical Department, of vaccines, vaccine lymphs, sera and
similar substances imported or manufactured in Kenya and intended or used for
the prevention or treatment of human diseases, and may prohibit the importation,
manufacture or use of any such substance which is considered to be unsafe or to
be liable to be harmful or deleterious.
(2) The Minister may make such rules as he may consider necessary for
properly carrying out the provisions of this section.
[L.N. 188/1956, Sch., L.N. 173/1960, Sch.]
PART XV – MISCELLANEOUS PROVISIONS
159. Notices, etc., may be printed or written
Notices, orders and other documents under this Act may be in writing or print,
or partly in writing and partly in print, and if the same require authentication by
the board, or a local authority, the signature thereof respectively by the secretary,
town clerk, medical officer of health, sanitary inspector or District Commissioner,
as the case may be, shall be sufficient authentication.
160. Service of notices, etc.
Notices, orders and other documents required or authorized to be served
under this Act may be served by delivering the same to or at the residence of the
person to whom they are respectively addressed, or where addressed to the
owner or occupier of premises by delivering the same, or a true copy thereof, to
some person on the premises, or if there is no person on the premises who can
be served by fixing the same on some conspicuous part of the premises; they
may also be served by post by a prepaid letter, and if served by post shall prima
facie be deemed to have been served at the time when the letter containing the
same would be delivered in the ordinary course of post, and in proving such
service it shall be sufficient to prove that the notice, order or other document was
properly addressed and put in the post.
CAP. 242 [Rev. 2012]
Public Health
[Issue 1] 68
161. Power and duties of officers of department
The Deputy Director of Medical Services, or any assistant director of medical
services, medical officer of health, port health officer or medical officer of the
department, may with the authority and on behalf of the Director of Medical
Services discharge any of the duties or functions of the Director of Medical
Services, and any duties imposed or powers conferred by this Act on medical
officers of health, port health officers, district surgeons or medical officers may be
carried out or exercised by the Director of Medical Services, the Deputy Director
of Medical Services or any assistant director of medical services or medical
officer designated by the Director of Medical Services for that purpose.
162. Defect in form not to invalidate notices, etc.
No defect in the form of any notice or order made under this Act shall
invalidate or render unlawful the administrative action, or be a ground for
exception to any legal proceedings, which may be taken in the matter to which
such notice or order relates, provided the requirements thereof are substantially
and intelligibly set forth.
163. Powers of entry and inspection of premises and penalties for obstruction
(1) Any medical officer of health or health inspector, district surgeon or port
health officer, or any police officer of or above the rank of Inspector, or any other
person generally or specially authorized in writing by the Director of Medical
Services, medical officer of health or municipal council, may, at any hour
reasonable for the proper performance of the duty, enter any land or premises to
make any inspection or to perform any work or to do anything which is required
or authorized by this Act or any other law to do, if such inspection, work or thing
is necessary for or incidental to the performance of his duties or the exercise of
his powers.
(2) Any person who fails to give or refuses access to any officer, inspector or
person mentioned in or authorized under subsection (1) if he requests entrance
on any land or premises, or obstructs or hinders him in the execution of his duties
under this Act, or who fails or refuses to give information that he may lawfully be
required to give to such officer, inspector or person, or who gives to such officer,
inspector or person false or misleading information knowing it to be false or
misleading, or who prevents the owner or any of his servants or workmen from
entering any land or dwelling or premises for the purpose of complying with any
requirement under this Act, shall be guilty of an offence.
[L.N. 41/1970, Sch.]
164. Penalty where not expressly provided
Any person who is guilty of an offence under or of any contravention of or
default in complying with any provision of, this Act shall, if no penalty is expressly
provided for such offence, contravention or default, be liable on conviction to a
fine not exceeding fifty thousand shillings, or to imprisonment for a term not
exceeding six months, or to both and, if the offence, contravention or default is of
a continuing nature, to a further fine not exceeding one thousand shillings for
each day it continues.
[Act No. 16 of 1977, Sch., Act No. 2 of 2002, Sch.]
[Rev. 2012] CAP. 242
Public Health
69 [Issue 1]
165. Liability of secretary or manager of company
Where a contravention of any of the provisions of this Act is committed by any
company or corporation, the secretary or manager thereof may be summoned
and shall be held liable for such contravention and the consequences thereof.
166. Proceedings against several persons
Where proceedings under this Act are competent against several persons in
respect of the joint act or default of such persons, it shall be sufficient to proceed
against one or more of them without proceeding against the others.
167. Prosecutions
(1) A health authority may, by any of its officers or by any person generally or
specially authorized in writing by the authority, prosecute for any contravention
of, offence against, or default in complying with, any provision of this Act or any
rule made or deemed to be made thereunder, if the contravention, offence or
default is to have been committed within or to affect his area.
(2) Where any officer or person has, under subsection (1), prosecuted any
person for any contravention of, offence against or default in complying with any
provision of this Act, or any rule made or deemed to be made thereunder, and
the accused has been convicted of that contravention, offence or default, all fines
and penalties imposed may be recovered by such officer or person as a civil debt
recoverable summarily.
[L.N. 41/1970, Sch.]
168. Power of municipal council outside its area
Nothing in any law specially governing any municipal council shall be
construed as preventing such municipal council from exercising any power or
performing any duty under this Act by reason only that in exercising such power
or performing such duty it must do some act or thing or incur expenditure outside
its area.
[L.N. 41/1970, Sch.]
168A. Power of municipal councils respecting mosquitoes, flies, etc.
(1) Every municipal council may, with the approval of the Minister, make by-
laws for preventing and abating conditions permitting or favouring the breeding of
mosquitoes and flies and, generally, for the prevention of malaria and other
insect-borne diseases.
(2) Section 135A(2) shall apply in respect of any by-laws made under this
section as it applies to by-laws may under that section.
[L.N. 256/1963, Fourth Sch., L.N. 41/1970, Sch.]
169. General power to make rules
The Minister shall have power to make rules generally for the carrying out of
the purposes of this Act.
[Act No. 39 of 1956, Sch., L.N. 188/1956, Sch., L.N. 173/1960, Sch.]
CAP. 242 [Rev. 2012]
Public Health
[Issue 1] 70
SCHEDULE
FORM NO. 1 (s. 107)
I, the undersigned, certify that in my opinion ......................................................
.................................................................... is not now in a fit and proper state to
be vaccinated, and I do recommend that the vaccination be postponed for the
period of six months from this date.
Dated the .......................................................................... , 20..........................
..............................................................
Medical Practitioner or
Public Vaccinator
FORM NO. 2 (s. 108)
I, the undersigned, certify that I have three times unsuccessfully vaccinated ....
...............................................................................................................................
[or that ........................................................................ has already had smallpox]
and I am of the opinion that the said .....................................................................
............................................................ is insusceptible of successful vaccination.
Dated the .......................................................................... , 20..........................
..............................................................
Medical Practitioner or
Public Vaccinator
FORM NO. 3 (s. 109)
I, the undersigned, certify that ............................................................................
............................................................. has been successfully vaccinated by me.
Dated the .......................................................................... , 20..........................
..............................................................
Medical Practitioner or
Public Vaccinator
[Rev. 2012] CAP. 242
Public Health
[Subsidiary]
71 [Issue 1]
CHAPTER 242
PUBLIC HEALTH ACT
SUBSIDIARY LEGISLATION
List of Subsidiary Legislation
Page
1. Public Health (Central Board of Health) Rules ............................................ 73
2. Infectious Diseases Declared to be Notifiable Diseases ............................. 75
3. Provisions of the Act which are Declared Alone to Apply to Particular
Notifiable Infectious Diseases ..................................................................... 77
4. Areas to which the Provisions of the Act as Regards the Notification of
Particular Diseases is Restricted ................................................................ 79
3. Public Health (Sleeping Sickness) Rules .................................................... 81
4. Public Health (Tsetse Fly Areas) Rules ...................................................... 83
5. Public Health (Rats and Mice Destruction) Rules ....................................... 85
6. Public Health (Rat Virus) Rules ................................................................... 87
7. Orders Under Section 36 ............................................................................ 89
8. Exemptions Under Section 57, Proviso ...................................................... 91
10. Public Health (Introduction of Persons and Things by Aircraft) Order ......... 93
11 Public Health (Port, Airport and Frontier Health) Rules, 1959 .................... 95
12. Tariff of Charges Prescribed ....................................................................... 129
13. Public Health (Drainage and Latrine) Rules ................................................ 131
14. Application of the Above Rules Under Rule 2 ............................................. 177
15. Public Health (Kisumu Density of Dwellings) Rules .................................... 179
16. Public Health (Mombasa Storage of Hides and Skins) Rules ..................... 181
17. Public Health (Kisumu Storage of Hides and Skins) Rules ......................... 183
18. Public Health (Tents and Caravan Sites) Rules, 1960 ................................ 185
19. By-laws Under Section 126A ...................................................................... 189
20. Public Health (Milk and Dairies) Rules ........................................................ 191
21. Application of the Above Rules Under Rule 2 ............................................. 209
22. Chemical Agents Approved Under Rule 14(g)(i) of the Above Rules ......... 211
23. Public Health (Meat Inspection) Rules ........................................................ 213
24. Abattoirs Declared to be Designated Under Rule 3 of the Above ............... 223
25. Public Health (Importation of Meat) Rules, 1962 ........................................ 225
26. Cemeteries Authorized Under Section 145 ................................................. 227
27. Public Health (Medical Officers of Health and Health Inspectors) Rules,
1963 ............................................................................................................ 229
28. Public Health (Public Mortuaries) Rules, 1991 ........................................... 233
29. Public Health (District Health Management Boards) Rules, 1992 .............. 235
30. Public Health (Fees) Rules, 2001 ................................................................ 237
CAP. 242 [Rev. 2012]
Public Health
[Issue 1] 72
Page
31. Notification of Authorized Cemetery ............................................................ 239
32. Notification of Authorized Cemetery ........................................................... 241
33 Public Health (Tobacco Products Control) Rules, 2006 .............................. 243
34. Declaration of a Cemetery, 2008 ................................................................ 249
[Rev. 2012] CAP. 242
Public Health
[Subsidiary]
73 [Issue 1]
PUBLIC HEALTH (CENTRAL BOARD OF HEALTH) RULES
[Cap. 130 of (1948), Sub. Leg. L.N. 306/1993.]
RULES UNDER SECTION 7
1. These Rules may be cited as the Public Health (Central Board of Health) Rules.
2. The board shall meet for the dispatch of business as often as may be necessary, but
not less than once in every quarter.
3. (1) The chairman may at any time, and shall on the request in writing of not less than
four members, call a special meeting of the board for a date within fourteen days of the
presentation of the request.
(2) The notice of any meeting shall be signed by the secretary and circulated among
all the members of the board.
4. All acts, matters or things authorized or required to be done by the board, and all
questions that may come before it, shall be done and decided by the majority of the
members who are present at any meeting at which not less than four members are
present.
5. The chairman shall have an original vote in common with the other members, and also
a casting vote if upon any question the vote is equal.
6. Minutes of the proceedings of every meeting of the board shall be regularly entered in
a book to be kept for that purpose, and minutes of proceedings of a meeting of the board
signed at the next ensuing meeting by the chairman of the meeting at which the minutes
are signed shall be received as evidence without further proof.
7. Every order, notice or other document requiring authentication by the board shall be
sufficiently authenticated if signed by the chairman or by any member of the board acting
as chairman and by the secretary.
8. There shall be paid to the members of the Board such allowances as the Director of
Personnel Management may from time to time authorize.
[L.N. 306/1993, r. 2.]
[Rev. 2012] CAP. 242
Public Health
[Subsidiary]
75 [Issue 1]
INFECTIOUS DISEASES DECLARED TO BE NOTIFIABLE DISEASES
[Cap. 130 of (1948), Sub. Leg. L.N. 49/2003.]
UNDER SECTION 17(2)(A)
Influenza,
Relapsing fever,
Blackwater fever,
Encephalitis lethargica,
Yellow fever,
Kala-azar,
Malaria, microscopically diagnosed within the municipality of Kitale,
Bacillary dysentery
Amoebic dysentery
within the municipality of Nairobi,
Severe Acute Respiratory Syndrome (SARS).
[Rev. 2012] CAP. 242
Public Health
[Subsidiary]
77 [Issue 1]
PROVISIONS OF THE ACT WHICH ARE DECLARED ALONE TO APPLY TO
PARTICULAR NOTIFIABLE INFECTIOUS DISEASES
[Cap. 130 of (1948), Sub Leg.]
UNDER SECTION 17(2)(B)
Only the provisions of Part VI of the Act apply in regard to the notification of the
following disease—
Influenza;
Measles;
Whooping cough.
[Rev. 2012] CAP. 242
Public Health
[Subsidiary]
79 [Issue 1]
AREAS TO WHICH THE PROVISIONS OF THE ACT AS REGARDS THE
NOTIFICATION OF PARTICULAR DISEASES IS RESTRICTED
[Cap. 130 of (1948), Sub. Leg.]
UNDER SECTION 17(2)(C)
The provisions of the Act are restricted, as regards the notification of yaws, to the
municipalities of Nairobi, Nakuru, Eldoret and Mombasa.
[Rev. 2012] CAP. 242
Public Health
[Subsidiary]
81 [Issue 1]
PUBLIC HEALTH (SLEEPING SICKNESS) RULES
[Cap. 130 of (1948), Sub. Leg.]
RULES UNDER SECTION 36
1. These Rules may be cited as the Public Health (Sleeping Sickness) Rules.
2. In these Rules, “the area” means the district or part of a district in which these Rules
are declared to be in force.
3. (1) No person shall, except with a written permit of an administrative officer, enter,
reside or remain in the area.
(2) Subject to these Rules, an administrative officer may issue the permit.
(3) The applicant for a permit shall present himself for medical examination by a
medical officer of health, and unless the medical officer of health certifies that his condition
justifies the issue of the permit the administrative officer shall refuse to issue it.
4. The administrative officer may at any time in his absolute discretion cancel any permit
granted under these Rules:
Provided that no such permit shall be cancelled unless at least seven days’
previous notice of his intention to do so is given to the permit holder.
5. Any medical officer of health may require any person whom he knows or suspects to
be infected with sleeping sickness within the area to submit himself for examination or
treatment or both, at such time and place as the medical officer of health may prescribe,
and any person who on being so required refuses or neglects to be so examined or
treated shall be guilty of an offence.
6. (1) Subject to the provisions of any law for the time being in force, any administrative
officer within the limits of the area may for the purpose of arresting or preventing the
outbreak or spread of sleeping sickness issue orders to be obeyed by any person residing
in or entering the area.
(2) Such orders may—
(a) direct the making and maintenance of protective clearings;
(b) direct what crops may or may not be planted in the area;
(c) prohibit or restrict the planting of crops in certain specified areas;
(d) direct persons resident within the area to move either temporarily or
permanently outside such area or from one place to another place within the
area.
(3) Any person who in disregard of any order issued under this section does any act
which he is prohibited from doing or omits to do any act which he is required to do
thereunder shall be guilty of an offence.
7. Any person who is guilty of an offence or contravenes any of the provisions of these
Rules shall be liable on conviction to a penalty not exceeding four hundred shillings or to
imprisonment for a term not exceeding one month or to both.
[Rev. 2012] CAP. 242
Public Health
[Subsidiary]
83 [Issue 1]
PUBLIC HEALTH (TSETSE FLY AREAS) RULES
[Cap. 130 of (1948), Sub. Leg.]
1. These Rules may be cited as the Public Health (Tsetse Fly Areas) Rules, and shall
apply to the areas specified in the Schedule.
2. In these Rules—
“clearing” means an area of land upon which there is no cut or uncut vegetation;
“employer” includes any company, syndicate, partnership or firm engaged in
prospecting, mining operations or any other work, and the manager of any company,
syndicate, partnership or firm;
“uncut vegetation” means vegetation exceeding one foot in height.
3. Any person who resides or works in any place for more than fourteen days, and any
employer who employs any person to work in any such place for more than fourteen days,
shall cause a clearing to be made.
4. Subject to rule 3 and save for the purpose of making a clearing, no person shall
reside, work, use any watering, bathing or landing place, stack timber or erect a building in
any place, and no employer shall permit any person employed by him to do any of such
things in any place, unless a clearing of at least three hundred yards separates such
person from any cut or uncut vegetation.
5. Any person who contravenes any of the provisions of these Rules shall be guilty of an
offence and liable to a fine not exceeding five hundred shillings or to imprisonment for a
term not exceeding two months or to both.
SCHEDULE
[Rule 1.]
1. The shore of Lake Victoria to a depth of half a mile between the mouth of the Sio River
on the Uganda boundary and the south side of Mohoru promontory on the Tanzania
boundary, except the portion of the head of the Kavirondo Gulf between the mouth of the
Kisiani River on the north shore and the mouth of the Awasi River about four miles west of
Kendu on the south shore.
2. All the islands in Lake Victoria within the Kenya boundary.
3. All areas within half a mile of all rivers and tributaries thereof running into Lake Victoria
except—
(a) the Nyando at the south-east corner and the Kisiani on the north shore, near
34° 40’ longitude, of the Kavirondo Gulf, and those between those two rivers;
(b) the Boha, Awatch and Nyendiwa on the north shore of the Kavirondo Gulf;
(c) the portion of the Yala from the mouth to its junction with Lake Kanyaboli, and
up-stream from its junction with the Nyarodi River;
(d) the Lambwe (South Kavirondo) south of a point two miles from its mouth; and
(e) such portions of the Kuja and tributaries as lie north of 0° 40’ S. latitude and
east of 34° 30’ E. longitude.
[Rev. 2012] CAP. 242
Public Health
[Subsidiary]
85 [Issue 1]
PUBLIC HEALTH (RATS AND MICE DESTRUCTION) RULES
[Cap. 130 of (1948), Sub. Leg.]
1. These Rules may be cited as the Public Health (Rats and Mice Destruction) Rules.
2. It shall be the duty of every local authority to cause to be made, from time to time,
inspection of its district with a view to ascertaining whether any lands or premises within
its district are infested with rats or mice, and to enforce the provisions of these Rules.
3. Any person who fails to take such steps as may from time to time be necessary and
reasonably practicable for the destruction of rats and mice on or in any land or premises of
which he is the owner or occupier, or for preventing such land or premises from becoming
infested with rats or mice, shall be guilty of an offence and liable to a fine not exceeding
two hundred shillings.
4. (1) Where a local authority is of opinion that the owner or occupier of any land or
premises in its district has failed to take such steps as are required by rule 3, such local
authority may either serve a notice on the owner or occupier requiring him to take such
steps or execute such works as are prescribed in the notice within a time specified therein,
or, after not less than twenty-four hours’ previous notice to the owner or occupier, enter
upon the land or premises and take such steps as are necessary and reasonably
practicable for the purpose of destroying the rats and mice on the land or premises or of
preventing the land or premises from becoming infested with rats or mice, and may
recover any reasonable expenses so incurred from the owner or occupier as a civil debt
recoverable summarily.
(2) Any person who fails to comply with the requirements of a notice served by a local
authority under this rule shall be guilty of an offence and liable to a fine not exceeding five
hundred shillings and in addition to a fine not exceeding sixty shillings for each day during
which he shall make default.
5. A medical officer of health, a sanitary inspector or any person duly authorized by the
local authority may enter any land or premises in the district of such local authority for the
purpose of ascertaining whether the steps required by rule 3 are being taken, or of
executing and enforcing these Rules in any other respect.
[Rev. 2012] CAP. 242
Public Health
[Subsidiary]
87 [Issue 1]
PUBLIC HEALTH (RAT VIRUS) RULES
[Cap. 130 of (1948), Sub. Leg.]
1. These Rules may be cited as the Public Health (Rat Virus) Rules.
2. The importation or the manufacture or use of any living bacterial preparations for the
destruction of rats is prohibited, except under a permit from the Director of Medical
Services and subject to such conditions as the Director of Medical Services may specify.
[Rev. 2012] CAP. 242
Public Health
[Subsidiary]
89 [Issue 1]
ORDERS UNDER SECTION 36
[Cap. 130 of (1948), Sub. Leg.]
The Public Health (Sleeping Sickness) Rules are in force within the following parts of
districts—
(a) the area in Lake Victoria from a point half a mile south of Sio Port to the
mouth of the Nzoia River and the land extending back from the lake water’s
edge for one mile;
(b) all the islands in Lake Victoria which are included in the districts of the local
authorities of Central Nyanza and South Nyanza, excepting the following
islands—
Mfangano;
Rusinga;
Sirigombe;
Gathi;
Kiwa;
Kimabono.
The Public Health (Sleeping Sickness) Rules (G.N. 457/1949, Sub. Leg.), excepting
rules 3 and 4 thereof, are in force within the following parts of districts—
(a) the area within a radius of ten miles of Kibigori;
(b) the area within a radius of ten miles of Chemilil;
(c) the area within a radius of ten miles of Muhoroni;
(d) the area within a radius of ten miles of Fort Ternan.
[Rev. 2012] CAP. 242
Public Health
[Subsidiary]
91 [Issue 1]
EXEMPTIONS UNDER SECTION 57, PROVISO
[Cap. 130 of (1948), Sub. Leg.]
All vessels engaged solely in the coasting trade and plying only between the ports of
Kenya are exempted from the provisions of section 58 of the Act and of rule 11 of the
Public Health (Port, Airport and Frontier Health) Rules.
[Rev. 2012] CAP. 242
Public Health
[Subsidiary]
93 [Issue 1]
PUBLIC HEALTH (INTRODUCTION OF PERSONS AND THINGS BY AIRCRAFT)
ORDER
[L.N. 467/1958.]
ORDERS UNDER SECTION 71(1)(d)
1. This Order may be cited as the Public Health (Introduction of Persons and Things by
Aircraft) Order.
2. All the provisions of Part VI of the Act are applied mutatis mutandis to persons,
animals, articles and things entering or introduced into, or departing or removed from,
Kenya by means of aircraft, subject to the following modifications (which are without
prejudice to any other modifications necessary to give full effect to the purposes of this
Order)—
(a) “master”, wherever it appears throughout the said Part, shall be read and
construed as meaning the officer for the time being in command of the
aircraft;
(b) “vessel”, wherever it appears throughout the said Part, shall be read and
construed as meaning “aircraft”;
(c) “port”, wherever it appears throughout the said Part, shall be read and
construed as meaning “airport”.
[Rev. 2012] CAP. 242
Public Health
[Subsidiary]
95 [Issue 1]
PUBLIC HEALTH (PORT, AIRPORT AND FRONTIER HEALTH) RULES, 1959
ARRANGEMENT OF RULES
Rule
1. Citation.
2. Interpretation.
3. Duties of health officer.
4. Duties of agents.
5. Procedure for grant of pratique.
6. Additional sanitary measures may be taken.
7. Removal of infected persons.
8. Suspect may be placed under surveillance.
9. Steps to be taken when ship or aircraft refuses to submit to measures required by
a health officer.
10. Aircraft lands elsewhere than airport.
11. Flag “Q”.
12. Restricted pratique.
13. Information and assistance.
14. List of passengers, crew and cargo
15. Control of sewage.
16. Aircraft to land at scheduled airport.
17. Access to the public.
18. Handling of food.
19. Medical examination before departure.
20. Sanitary measures in respect of luggage and animals.
21. Sanitary measures in respect of postal parcels.
22. Quarantine.
23. Flag “L” and warning lights.
24. Communication with quarantined ship or aircraft.
25. Quarantine of prohibited immigrant.
26. Places of isolation.
27. Orders or instructions by health officer.
28. Instructions to officers in command.
29. Isolation of infected persons, etc.
30. Plague.
31. Cholera.
32. Yellow fever.
33. Smallpox.
34. Typhus.
35. Relapsing fever.
36. Used clothing.
37. Disinfection and destruction of articles.
38. Certificate of disinfection.
39. Destruction of unsound food.
40. Prevention of nuisance in port.
CAP. 242 [Rev. 2012]
Public Health
[Subsidiary]
[Issue 1] 96
Rule
41. Nuisances on board ships or aircraft.
42. Removal of nuisance.
43. Prohibition of nuisance.
44. Maritime Declaration of Health.
45. Aircraft Health Declaration.
46. Certificates.
47. Vaccination certificates of armed forces.
48. Additional sanitary measures.
49. Recovery of expenses.
SCHEDULES
FIRST SCHEDULE – AIRPORTS
SECOND SCHEDULE – MEDICAL DEPARTMENT
THIRD SCHEDULE – INTERNATIONAL CERTIFICATE OF
VACCINATION OR REVACCINATION AGAINST
CHOLERA
FOURTH SCHEDULE – INTERNATIONAL CERTIFICATE OF
VACCINATION OR REVACCINATION AGAINST
YELLOW FEVER
FIFTH SCHEDULE – INTERNATIONAL CERTIFICATE OF
VACCINATION OR REVACCINATION AGAINST
SMALLPOX
SIXTH SCHEDULE – MARITIME DECLARATION OF HEALTH
SEVENTH SCHEDULE – NOTICE OF EXPECTED ARRIVAL OF A VESSEL
[Rev. 2012] CAP. 242
Public Health
[Subsidiary]
97 [Issue 1]
PUBLIC HEALTH (PORT, AIRPORT AND FRONTIER HEALTH) RULES, 1959
[L.N. 54/1960, L.N. 295/1979.]
RULES UNDER SECTION 73
1. Citation
These Rules may be cited as the Public Health (Port, Airport and Frontier Health)
Rules, 1959.
2. Interpretation
In these Rules, unless the context otherwise requires—
“aircraft” means an aircraft making an international voyage;
“airport” means an airport or aerodrome of entry or departure for international air
traffic; and for the purposes of these Rules means the airports specified in the First
Schedule;
“arrival” means—
(a) in the case of a seagoing vessel, arrival at a port;
(b) in the case of an aircraft, arrival at an airport;
(c) in the case of an inland navigation vessel, arrival either at a port or at a
frontier;
(d) in the case of a train or road vehicle, arrival at a frontier;
“baggage” means the personal effects of a traveller or of a member of the crew;
“crew” means the personnel of a ship or aircraft, train or road vehicle who are
employed for duties on board;
“Director” means the Director of Medical Services appointed under section 9 of
the Act;
“direct transit area” means a special area established in connexion with an
airport, approved by the health officer and under his direct supervision, for
accommodating direct transit traffic and for accommodating, in segregation,
passengers and crews breaking their air voyage without leaving the airport;
“frontier” means any inland border between Kenya and any adjoining territory;
“health administration” means the Medical Department;
“health officer” includes—
(a) a port health officer; and
(b) any medical practitioner appointed by or acting as such under the authority
and instructions of the Director at any frontier post;
“imported case” means a case introduced into Kenya;
“infected local area” means—
(a) a local area where there is a non-imported case of plague, cholera, yellow
fever or smallpox; or
(b) a local area where plague infection among rodents exists on land or on craft
which are part of the equipment of a port; or
(c) a local area where activity of yellow fever virus is found in vertebrates other
than man; or
CAP. 242 [Rev. 2012]
Public Health
[Subsidiary]
[Issue 1] 98
(d) a local area where there is an epidemic of typhus or relapsing fever;
“infected person” means a person who is suffering from a quarantinable disease,
or who is believed to be infected with such a disease;
“International Sanitary Regulations” means the International Sanitary
Regulations adopted by the Fourth World Health Assembly in 1951 and amended by
the Eighth and Ninth World Health Assemblies in 1955 and 1956 and any subsequent
amendment or addition thereto accepted by Government;
“international voyage” means—
(a) in the case of a ship or aircraft, a voyage between ports or airports in the
territories of more than on state, or a voyage between ports or airports in
the territory or territories of the same state if the ship or aircraft has relations
with the territory of any other state on its voyage but only as regards those
relations;
(b) in the case of a person, a voyage involving entry into the territory of a state
other than the territory of the state in which that person commences his
voyage;
“isolation”, when applied to a person or group of persons, means the separation
of that person or group of persons from other persons, except the health staff on duty,
in such a manner as to prevent the spread of infection;
“local area” means—
(a) the smallest area within a territory, which may be a port or an airport, having
a definite boundary and possessing a health organization which is able to
apply the appropriate sanitary measures permitted or prescribed by these
Rules; the situation of such an area within a larger area which also
possessed such a health organization shall not preclude the smaller area
from being a local area for the purposes of these Rules; or
(b) an airport in connexion with which a direct transit area has been
established;
“medical examination” includes visits to and inspection of a ship, an aircraft, a
train or a road vehicle, and the preliminary examination of persons on board, but does
not include the periodical inspection of a ship to ascertain the need for deratting; and
for the purposes of this definition “preliminary examination” may include the physical
examination of any person;
“officer in command” means—
(a) in respect of an aircraft, the captain or officer for the time being in charge of
the aircraft;
(b) in respect of a ship, the master or other officer in command, other than a
pilot of the ship;
“port” means a seaport or an inland navigation port which is normally frequented
by ships;
“quarantinable diseases” means plague, cholera, yellow fever, smallpox, typhus
and relapsing fever;
“relapsing fever” means louse-borne relapsing fever;
“ship” means a seagoing or an inland navigation vessel making an international
voyage;
“suspect” means a person who is considered by the health officer as having been
exposed to infection from a quarantinable disease and is considered capable of
spreading that disease;
[Rev. 2012] CAP. 242
Public Health
[Subsidiary]
99 [Issue 1]
“typhus” means louse-borne typhus;
“valid certificate”, when applied to vaccination, means a certificate conforming
with these Rules and in any of the forms set out in the Third, Fourth and Fifth
Schedules;
“vehicle” means a vehicle as defined in the Traffic Act (Cap. 403);
“yellow fever receptive area” means an area in which the virus of yellow fever
does not exist but where the presence of Aëdes aegypti or any other domiciliary or
peri-domiciliary vector of yellow fever would permit its development if introduced.
3. Duties of health officer
(1) Every health officer shall be responsible—
(a) for the medical examination, if he considers it necessary, of any ship,
aircraft, vehicle or train at any port, airport or frontier of Kenya;
(b) for the taking of such health measures or precautions as he may consider
necessary in connexion with those ships, aircraft, vehicles or trains;
(c) for the sanitary and health supervision of all ships, aircraft, vehicles or trains
at a port, airport or frontier post;
(d) for the proper inspection, carrying out and enforcement on ships, aircraft,
vehicles or trains, at a port, airport or frontier, of all measures for the
destruction of rodents and for preventing the migration or multiplication of
those rodents;
(e) for ensuring the prompt detection and investigation of any sickness or
mortality among rodents possibly due to plague;
(f) for the proper carrying out and enforcement of the provisions of the Act and
all rules made thereunder including these Rules.
(2) In the performance of his duties under these Rules, the health officer may
authorize such other person to perform such part of his duties on his behalf as he may
specify.
4. Duties of agents
Agents of ships shall, as early as possible, give notice in writing to the health officer of
the port of the expected arrival of every ship in the form shown in the Seventh Schedule.
5. Procedure for grant of pratique
Pratique may be granted by radio to any ship or aircraft in respect of which the health
officer for the intended port or airport of arrival is of the opinion, on the basis of information
received from it before its arrival, that its arrival will not result in the introduction or spread
of a quarantinable disease.
6. Additional sanitary measures may be taken
A health officer may apply such sanitary measures to the ship, aircraft, vehicle or train
on arrival as, in his opinion, are necessary, depending on the conditions which exist on
board the ship, aircraft, vehicle or train during the voyage or at the time of the medical
examination.
7. Removal of infected persons
A health officer may order the removal and isolation of any infected person from any
aircraft, ship, vehicle or train on its arrival.
CAP. 242 [Rev. 2012]
Public Health
[Subsidiary]
[Issue 1] 100
8. Suspect may be placed under surveillance
(1) A health officer shall have power to place under surveillance any infected person
or suspect on an international voyage arriving by whatever means in Kenya from an
infected local area, and a health officer shall have power to require that person to report to
him, if necessary, at specified intervals during the period of surveillance.
(2) In addition, a health officer shall have power to subject such person to medical
examination and to make such inquiries as he may consider necessary for ascertaining
his state of health.
(3) When a person under surveillance departs for another place within or outside
Kenya, he shall inform the health officer, who shall immediately notify the health officer,
medical officer of health or health administration of the place to which the person is
proceeding.
9. Steps to be taken when ship or aircraft refuses to submit to measures required
by a health officer
(1) Subject to paragraph (2), any ship or aircraft which is unwilling to submit to
measures required by a health officer shall be allowed to depart forthwith but shall not
during its voyage be permitted to call at any other port or airport in Kenya:
Provided that such ship or aircraft may be permitted to take on fuel, water and
stores in quarantine.
(2) A ship or aircraft arriving at a port or airport situated in a yellow fever receptive
area shall not be allowed to depart and shall be subject to all health measures prescribed
by a health officer, if—
(a) the aircraft is infected with yellow fever;
(b) the ship is infected with yellow fever, and Aëdes aegypti have been found
on board and medical examination shows that any infected person has not
been isolated in good time.
10. Aircraft lands elsewhere than airport
(1) If, for reasons beyond the control of the officer in command, an aircraft lands
elsewhere than at an airport, the officer in command shall make every effort to
communicate with the nearest medical officer of health or any other public authority
forthwith.
(2) As soon as a medical officer of health has been informed of the landing of an
aircraft in circumstances described above, he shall take such action as he considers
proper, and shall immediately communicate with the health administration.
(3) No person on board the aircraft shall leave its vicinity except for the purpose of
communicating with any such health officer or public authority, or with the permission of
such officer, and no cargo shall be removed from the vicinity of the aircraft.
(4) After any sanitary measures required by the medical officer of health and health
administration have been completed, the aircraft may proceed to the airport at which it
was due to land.
(5) The officer in command may take such emergency measures as may be
necessary for the health and safety of his passengers and crew.
11. Flag “Q”
The officer in command of every ship anchoring off or arriving at any port in Kenya
shall immediately hoist the flag known as flag “Q” unless pratique has been granted by
radio as hereinbefore provided and the said flag shall be kept flying until pratique has
been granted.
[Rev. 2012] CAP. 242
Public Health
[Subsidiary]
101 [Issue 1]
12. Restricted pratique
(1) Where restricted pratique has been granted to any ship under section 62 of the
Act, the health officer shall specify in writing to the officer in command thereof the
conditions and restrictions imposed, and the officer in command shall cause a copy
thereof to be posted in a conspicuous place on the vessel.
(2) Failure or refusal by the officer in command to observe or comply with any such
conditions or restrictions shall constitute an offence, and, in addition, the health officer for
the port may place the vessel in quarantine should he consider that course necessary in
the interests of public health.
13. Information and assistance
It shall be the duty of the officer in command of any ship or aircraft and of all other
officers and persons on board any ship or aircraft to give all such assistance and
information to the health officer as may be required by him in carrying out his duties under
these Rules.
14. List of passengers, crew and cargo
A health officer may require the officer in command of any ship or aircraft having or
suspected of having on board the infection of any infectious disease to furnish in respect
of such vessel or aircraft—
(a) a list of all passengers showing full particulars in respect of each passenger;
(b) a list of crew giving full particulars of each member;
(c) a list of all cargo and a full description thereof.
15. Control of sewage
A health officer may take all practicable measures to control the discharge from any
ship of sewage and refuse which might contaminate the waters of a port, river or canal.
16. Aircraft to land at scheduled airport
No aircraft arriving in Kenya from beyond the borders of Kenya shall make its first
landing in Kenya at any place other than one of the scheduled airports set out in the First
Schedule:
Provided that this Rule shall not apply to an aircraft commencing its voyage at any
airport in Uganda or Tanzania.
17. Access to the public
A health officer shall have power to prohibit any member of the crew of or any
passenger upon any ship, aircraft, vehicle or train arriving in Kenya from having access to
the public or from leaving the port, airport or frontier until authorized to do so by the health
officer.
18. Handling of food
(1) A health officer shall have power to medically examine any person whose duties
include the handling of food or drink for human consumption either on a ship or aircraft or
within a port or airport, and he may carry out such clinical, bacteriological or proto-
zoological examination of such person as he may consider necessary, and may prohibit
such person from carrying out the duties referred to above or any part thereof pending the
result of such examination.
(2) If, as a result of such examination, or from any other evidence, a health officer is
satisfied that such person is a carrier of infectious disease, he may, by written notice to
CAP. 242 [Rev. 2012]
Public Health
[Subsidiary]
[Issue 1] 102
the officer in command of the ship or aircraft and to the manager of the port or airport and
to such person, prohibit the employment of such person for any specific period of time in a
place where food or drink is handled.
19. Medical examination before departure
(1) A health officer shall have power to carry out a medical examination, when he
considers it necessary, of any person before his departure from Kenya on an international
voyage, and, subject to section 60 of the Act, any person who refuses to submit to such
medical examination shall be guilty of an offence.
(2) A health officer shall take all practicable measures—
(a) to prevent the departure of any infected person or suspect from Kenya, and
he may prohibit the embarkation or order the removal of such infected
person or suspect from any ship or aircraft;
(b) to prevent the introduction on board a ship, aircraft, train or vehicle of
possible agents of infection or vectors of a quarantinable disease.
(3) Notwithstanding the provisions of subparagraph (a) of paragraph (2), a person on
an international voyage who is placed under surveillance on his arrival in Kenya may be
allowed to continue his voyage, and, if he does so by air, the health officer shall record the
fact on the general declaration relating to the aircraft.
(4) A health officer shall have power to prohibit the departure of any person from
Kenya by any means who has not complied with the health regulations of the country to
which he is travelling, provided such health regulations are not in excess of the
requirements of the International Sanitary Regulations.
20. Sanitary measures in respect of luggage and animals
(1) A health office shall have power to submit to sanitary measures all goods or
baggage, including a passenger’s personal effects, if he has reason to believe that they
may have become contaminated by the infection of a quarantinable disease or may serve
as a vehicle for the spread of the disease.
(2) A health officer shall have power to submit to sanitary measures all live animals
entering or leaving Kenya.
(3) All baggage belonging to an infected person or suspect may be disinfected and
disinsected on the instructions of a health officer, and a health officer shall have power to
disinfect or disinsect the baggage of any other person where he has reason to believe that
that person may be carrying infected material or insect vectors of a quarantinable disease.
21. Sanitary measures in respect of postal parcels
A health officer shall have power to subject to sanitary measures all postal parcels if—
(a) they contain any fish, shell fish, fruit or vegetables to be consumed
uncooked, or beverages, which are not contained in sealed containers and
which the health officer has reason to believe come from a cholera-infected
area; or
(b) they contain linen, wearing apparel or bedding which has been used or
soiled.
22. Quarantine
Where the infection of plague, cholera, yellow fever, smallpox, typhus or relapsing
fever exists, or is suspected to exist, in any person animal or thing on board any ship,
aircraft, vehicle or train, the health officer may—
(a) notify the officer in command of the ship or aircraft, or the person in charge
of the vehicle or train, that he intends to place the ship, aircraft, vehicle or
train in quarantine; or
[Rev. 2012] CAP. 242
Public Health
[Subsidiary]
103 [Issue 1]
(b) require the officer in command to remove the ship or aircraft in quarantine to
another port or airport:
Provided that no officer, other than the health officer, shall require the removal of a
ship or aircraft, without the previous approval of the Director.
23. Flag “L” and warning lights
(1) Unless the officer in command of a ship elects to leave the port in terms of section 66
of the Act, the health officer shall then place the ship in quarantine and, in co-operation with
the port manager, shall fix the mooring place of the ship.
(2) The officer in command of every ship in quarantine shall cause the quarantine flag,
namely that known as flag “L” being a large flag of yellow and black, borne quarterly, to be
flown between sunrise and sunset in the most conspicuous position on his ship.
(3) During the hours between sunset and sunrise, a night signal shall be shown,
consisting of three lights, arranged at a distance of not less than six feet apart, in the form
of an equilateral triangle, of which the light at the apex of the triangle shall be white, and
the other lights, at the end of the base, shall be red in colour; the said night signal shall be
shown in the most conspicuous place on, and at a height of not less than 20 feet above,
the hull of the ship.
24. Communication with quarantined ship or aircraft
Except in the event of danger, no officer in command, or person in charge, of a ship,
aircraft, vehicle or train in quarantine shall allow any person on board to leave such ship,
aircraft, vehicle or train, or to send any article or thing out of the ship, aircraft, vehicle or
train, or to communicate with any other ship, aircraft, vehicle or train except with
permission of the health officer or other person duly authorized by him.
25. Quarantine of prohibited immigrant
(1) Whenever a health officer lands in quarantine any person who has not been
granted authority to enter Kenya after examination by an immigration officer, he shall
immediately inform the immigration officer of the name of that person, the name of the
ship or aircraft by which the person arrived and the name of the port or airport at which he
arrived, together with the place at which the person is being detained.
(2) A health officer shall give such immigration officer and the officer in command and
agents of such ship or aircraft due notice, in advance, of the release of such person from
quarantine, and, upon being so released, such person shall revert to the custody of the
officer in command and agents of such ship or aircraft and shall be subject to the order of
the immigration officer.
(3) All expenses incurred in connexion with the detention and maintenance, including
expenses of escort and identification of such person until permitted to enter Kenya, and
for his repatriation in the event of his being declared a prohibited immigrant, shall be
payable by the officer in command or owners of such ship or aircraft.
(4) Nothing in these Rules shall be construed as relieving the officer in command or
owners of any ship or aircraft of any liability imposed on them under the immigration laws
in force for the time being in Kenya.
(5) The expenses referred to in paragraph (3) shall be a civil debt and recoverable
summarily.
26. Places of isolation
(1) The boundaries of every place of isolation which may be established under these
Rules shall be demarcated by a fence or otherwise.
CAP. 242 [Rev. 2012]
Public Health
[Subsidiary]
[Issue 1] 104
(2) Any person leaving or attempting to leave such place without due authority shall
be guilty of an offence.
(3) Any person escaping or attempting to escape from any ship or aircraft in
quarantine or from any place of isolation shall be guilty of an offence, and may be arrested
and taken back thereto by any guard or any member of the police.
27. Orders or instructions by health officer
(1) A health office may, in respect of any ship, aircraft, vehicle or train in quarantine or
any place of isolation, give such orders or instructions as he may deem necessary for
safeguarding the health of persons so isolated, or the public health.
(2) Any person failing or refusing to comply with any lawful order or instructions so
given shall be guilty of an offence.
28. Instructions to officers in command
The officer in command of any ship or aircraft, or the person in charge of any vehicle
or train in quarantine, or having on board any infected person, or suspect, or any person
suffering, or suspected to be suffering, from any infectious disease, shall carry out the
orders of the health officer in regard to the isolation of such person, disinfection or
otherwise.
29. Isolation of infected persons, etc.
(1) All infected persons or suspects, animals, baggage or other articles of any
description shall, wherever possible, be removed from a ship or aircraft and isolated on
land and the infection eradicated with all possible speed.
(2) No ship or aircraft, vehicle or train shall be detained in quarantine after the removal
therefrom of all infected persons and the eradication of infection on board.
30. Plague
The following provisions shall apply to plague—
(a) for the purposes of these Rules the incubation period of plague shall be six
days;
(b) it shall be the duty of the officer in command of a ship or aircraft, in a port or
airport, infected by plague to take all necessary steps to prevent the
introduction of rodents on board such ship or aircraft;
(c) it shall be the duty of the officer in command of every ship to ensure that the
ship shall be—
(i) periodically deratted; or
(ii) permanently kept in such condition that the number of rodents on
board is negligible;
(d) a health officer shall have power to issue a deratting certificate or deratting
exemption certificate in the form set out in the Second Schedule; the
certificate shall be valid for a period of six months but this period may be
extended by the health officer in writing;
(e) if the officer in command fails to produce a valid certificate of the type
mentioned in paragraph (d), a health officer shall have power to make
inquiries and to inspect the ship and, if necessary, shall have power to
proceed in the following manner—
(i) he may derat the ship or cause deratting to be done under his
direction and control; it shall be a matter for the discretion of the
health officer as to which technique shall be employed to secure the
[Rev. 2012] CAP. 242
Public Health
[Subsidiary]
105 [Issue 1]
extermination of rodents on the ship; when deratting has been
satisfactorily completed the health officer shall issue a deratting
certificate;
(ii) a health officer shall have power to issue a deratting exemption
certificate if he is satisfied that the number of rodents on board is
negligible; the certificate shall be issued only if the inspection of the
ship has been carried out when the holds are emptied or when they
contain only ballast or other material unattractive to rodents and
which does not prevent a thorough inspection of the holds; a deratting
exemption certificate may be issued for an oil tanker with full holds;
(f) if a health officer is of the opinion that the conditions under which a deratting
was carried out were such that a satisfactory result could not be obtained,
he shall make a note to that effect on the existing deratting certificate;
(g) if a health officer has reason to suspect the presence of rats on board an
aircraft, he shall have power to order that the aircraft be deratted;
(h) before departure on an international voyage from a local area where there is
an epidemic of pulmonary plague, a health officer shall have power to place
in isolation, for a period of six days, every person suspected of having been
infected by the plague;
(i) for the purpose of this Rule, a ship or aircraft on arrival shall be regarded as
infected if—
(i) it has a case of human plague on board; or
(ii) a plague-infected rodent is found on board;
(iii) in the case of a ship, a case of human plague has occurred on board
more than six days after embarkation;
(j) for the purposes of this rule, a ship, on arrival, shall be regarded as suspect if—
(i) it has no case of human plague on board but such a case has
occurred on board within the first six days after embarkation;
(ii) there is evidence of an abnormal mortality among rodents on board,
of which the cause is not yet known;
(k) a health officer shall have power to carry out a medical examination of a
ship or aircraft coming from an infected local area, and, if he is satisfied that
the conditions specified in paragraphs (i) and (j) do not exist, such ship or
aircraft shall be regarded as healthy;
(l) on the arrival of an infected or suspected ship or an infected aircraft, a
health officer shall have power—
(i) to disinfect any suspect or order that he be kept under surveillance
for a period of not more than six days from the date of arrival;
(ii) to disinfect and if necessary disinfect—
(a) any baggage of any infected person or suspect; and
(b) any other article such as used bedding or linen and any part of
the ship or aircraft which he considers to be contaminated;
(m) if there is rodent plague on board the ship, the health officer shall order it to
be deratted, if necessary in quarantine:
Provided that the deratting shall be carried out in such manner and at such
time as to cause least inconvenience in the unloading of a ship;
(n) if a rodent which has died of plague is found on board an aircraft, the health
officer shall order that the aircraft be deratted, if necessary, in quarantine;
CAP. 242 [Rev. 2012]
Public Health
[Subsidiary]
[Issue 1] 106
(o) on arrival, it shall be the duty of a health officer to give free pratique to a
healthy ship or aircraft;
Provided that if it has come from an infected local area the health officer
shall have power—
(i) to place under surveillance any suspect who disembarks, for a period
of not more than six days, reckoned from the date on which the ship
or aircraft left the infected local area;
(ii) to order the destruction of rodents on board the ship or aircraft;
(p) if on arrival of a train or vehicle at a frontier a case of human plague is
discovered, the measures provided by this Rule may be applied by the
health officer, and he shall have power to disinsect and, if necessary,
disinfect any part of the train or vehicle which he considers has been
contaminated.
31. Cholera
The following provisions shall apply to cholera—
(a) for the purposes of these Rules, the incubation period of cholera shall be
five days;
(b) a health officer shall have power to apply the following measures to a
person on an international voyage who has come from an infected local
area within the incubation period—
(i) if such person is in possession of a valid certificate of vaccination
against cholera, the health officer may order that he be placed under
surveillance for a period of not more than five days reckoned from the
date of his departure from the infected local area;
(ii) if he is not in possession of such a certificate, the health officer may
order that he be placed in isolation for a like period;
(c) a ship shall be regarded as infected for the purposes of this rule if, on
arrival, it has a case of cholera on board, or if a case of cholera has
occurred during a period of five days before arrival;
(d) a ship shall be regarded as suspected for the purposes of this rule if a case
of cholera has occurred on board during the voyage, but no fresh case has
occurred during a period of five days before arrival;
(e) an aircraft shall be regarded as infected for the purposes of this rule if, on
arrival, it has a case of cholera on board and shall be regarded as
suspected if a case of cholera has occurred on board during the voyage but
has previously been disembarked before arrival in Kenya;
(f) even if a ship or aircraft has come from an infected local area or has on
board a person coming from such area, such ship or aircraft shall be
regarded as healthy on arrival if, on medical examination, the health officer
is satisfied the no case of cholera has occurred on board during the voyage;
(g) the health officer shall have power, on the arrival of an infected or
suspected ship or aircraft—
(i) to place under surveillance for a period of not more than five days,
reckoned from the date of disembarkation, any passenger or member
of the crew in possession of a valid certificate of vaccination against
cholera and isolate all others who disembark for a like period;
(ii) to disinfect any baggage of any infected person suspect and any
other article such as used bedding or linen and any part of the ship or
aircraft which he considers has been contaminated;
[Rev. 2012] CAP. 242
Public Health
[Subsidiary]
107 [Issue 1]
(iii) to disinfect and remove any water carried on board which he
considers to be contaminated and to disinfect the containers;
(h) a health officer shall have power to prohibit the discharge or unloading of
any waste water, waste matter, human excreta or other matter which is
considered to be contaminated without previous disinfection, and the health
officer shall have power to arrange for their safe disposal;
(i) in addition to the other measures provided by this Rule a health officer shall
have power to place under surveillance for a period of not more than five
days from the date of the arrival any passenger or member of the crew who
disembarks from a ship or aircraft;
(j) if, on the arrival of a train or vehicle at a frontier, a case of cholera is
discovered, a health officer shall have power—
(i) without prejudice to the measures provided for in paragraph (b), to
place under surveillance any suspect for a period of not more than
five days from the date of arrival;
(ii) to disinfect the baggage of the infected person and if necessary that
of any suspect, and any other article such as used bedding or linen
and any part of any train or vehicle which he considers has been
contaminated;
(k) on the arrival of an infected or suspected ship or aircraft or of a train or
vehicle on which a case of cholera has been discovered, or of any ship or
aircraft, train or vehicle coming from an infected local area, a health officer
may prohibit the unloading of, or may remove, any fish, shell-fish, fruit or
vegetables intended to be consumed uncooked, or beverages, unless such
food or beverages are in sealed containers and the health officer has no
reason to believe that they are contaminated; it shall be the duty of the
health officer to make arrangements for the safe disposal of any such food
or beverages removed under this rule;
(l) if such food or beverages forms part of the cargo in the hold of a ship or the
freight compartment of an aircraft, the health officer alone shall have power
to remove it:
Provided that the officer in command of an aircraft shall have the right to
require the removal of any such food or beverages in the aircraft;
(m) a health officer shall have power to require any person on an international
voyage who has come from an infected local area within the incubation
period of cholera and who has symptoms indicative of cholera to submit to
stool examination.
32. Yellow fever
The following provisions shall apply to yellow fever—
(a) for the purposes of these Rules, the incubation period of yellow fever shall
be six days;
(b) a health officer shall have power to prohibit the departure of any person on
an international voyage from an infected local area to a yellow fever
receptive area unless such a person is in possession of a valid certificate of
vaccination against yellow fever:
Provided that, if such person is in possession of such a certificate which is
not yet valid, the health officer may permit him to depart but, on arrival at a
yellow fever receptive area, such person may be isolated until his certificate
becomes valid or until the incubation period of the disease has expired;
CAP. 242 [Rev. 2012]
Public Health
[Subsidiary]
[Issue 1] 108
(c) (i) every person employed at an airport situated in an infected local area,
and every member of the crew of an aircraft using such airport, shall
be in possession of a valid certificate of vaccination against yellow
fever;
(ii) a health officer shall have power to disinsect every aircraft leaving an
airport situated in an infected local area and bound for a yellow fever
receptive area;
(iii) a health officer shall have power to disinsect every ship or aircraft
leaving a port or airport where Aëdes aegypti still exists and bound
for a port where Aëdes aegypti have been eradicated;
(d) a health officer shall have power to prohibit the departure of any person who
has come from an infected local area and is unable to produce a valid
certificate of vaccination against yellow fever and who is due to proceed on
an international voyage to an airport in a yellow fever receptive area at
which means for securing isolation is not available;
(e) (i) a ship shall be regarded as infected if, on arrival, it has a case of
yellow fever on board or if a case has occurred on board during the
voyage, and a ship shall be regarded as suspected if it has left an
infected local area less than six days before arrival or if arriving within
30 days of leaving such a port the health officer finds Aëdes aegypti
on board;
(ii) all other ships shall be regarded as healthy for the purposes of this
Rule;
(iii) an aircraft shall be regarded as infected if on arrival it has a case of
yellow fever on board, and an aircraft shall be regarded as suspected
if the health officer is not satisfied with a disinsecting carried out on
the aircraft and finds live mosquitoes on board;
(iv) all other aircraft shall be regarded as healthy for the purpose of this
rule;
(f) on arrival of an infected or suspected ship or aircraft, a health officer shall
have power—
(i) in yellow fever receptive areas to isolate any passenger or member of
the crew who disembarks and is not in possession of a valid
certificate of vaccination against yellow fever;
(ii) to inspect the ship or aircraft and destroy any Aëdes aegypti found on
board;
(iii) to order that a ship in a yellow fever receptive area be required to
keep at least 400 metres from land until such measures have been
carried out,
and when the measures required by the health officer have been effectively
carried out a ship or aircraft shall cease to be regarded as infected or
suspected and shall be given free pratique;
(g) on the arrival of a healthy ship or aircraft from an infected local area the
measures provided for in subparagraphs (ii) and (iii) of paragraph (f) may be
applied by the health officer, who shall thereupon give free pratique to the
ship or aircraft;
(h) the health administration shall have power to prohibit the landing of any
aircraft in a yellow fever receptive area coming from an infected local area
elsewhere than at airports specified by the health administration for that
purpose;
[Rev. 2012] CAP. 242
Public Health
[Subsidiary]
109 [Issue 1]
(i) on the arrival of a ship, aircraft, train or vehicle in a yellow fever receptive
area a health officer shall have power—
(i) to isolate any person coming from an infected local area who is
notable to produce a valid certificate of vaccination against yellow
fever until his certificate becomes valid or until the expiry of a period
of not more than six days reckoned from the date of his last possible
exposure to infection, whichever occurs first;
(ii) to disinfect the ship, aircraft, train or vehicle if it has come from an
infected local area;
(j) in a yellow fever receptive area it shall be the duty of the health
administration to provide mosquito-proof accommodation for the purposes
of isolating persons under this rule.
33. Smallpox
The following provisions shall apply to smallpox—
(a) for the purposes of these Rules, the incubation period of smallpox shall be
fourteen days;
(b) a health officer shall have power to prohibit the disembarkation of any
person on an international voyage who does not possess, on arrival, a valid
certificate of vaccination against smallpox:
Provided that a person who cannot produce the certificate may be
vaccinated by the health officer, and if that person refuses to be vaccinated
the health officer shall have power to place such person under surveillance
or in isolation for not more than fourteen days reckoned from the date of his
departure from the last territory visited before arrival;
(c) in the case of a person on an international voyage who, during the period of
fourteen days before his arrival, has visited an infected local area and, in
the opinion of a health officer, is not sufficiently protected by vaccination or
by a previous attack of smallpox, a health officer shall have power—
(i) to require that that person be vaccinated; or
(ii) to place that person under surveillance; or
(iii) to order that person to be vaccinated and then placed under
surveillance;
(iv) in the event of the person refusing to be vaccinated to order that he
or she be isolated:
Provided that the period of surveillance or isolation shall not be more
than fourteen days reckoned from the date of his departure from an
infected local area;
(d) for the purposes of paragraph (b), a valid certificate of vaccination against
smallpox shall be considered as evidence of sufficient protection;
(e) a ship or aircraft shall be regarded as infected for the purposes of this rule
if, on arrival, it has a case of smallpox on board or if such a case has
occurred on board during the voyage;
(f) any other ship or aircraft shall be regarded for the purposes of this rule as
healthy even although there may be suspects on board; but, in the event of
any suspect disembarking, he shall be subject to the measures provided for
in paragraph (g);
(g) on the arrival of an infected ship or aircraft, a health officer shall have
power—
(i) to offer vaccination to any person on board who in his opinion is not
sufficiently protected against smallpox;
CAP. 242 [Rev. 2012]
Public Health
[Subsidiary]
[Issue 1] 110
(ii) to isolate or place under surveillance any person disembarking for a
period of not more than fourteen days reckoned from the date of last
exposure to infection:
Provided that the health officer shall take into account the previous
vaccinations of the person and the possibility of his having been
exposed to infection in determining the period of the isolation or
surveillance;
(iii) to disinfect—
(i) any baggage of any infected person; and
(ii) any baggage or article such as used bedding or linen in any
part of the ship or aircraft which is considered by the health
officer to be contaminated;
(h) for the purposes of this Rule, a ship or aircraft shall continue to be regarded
as infected until every infected person has been removed and until the
measures required by the health officer under this rule have been effectively
carried out, and thereafter the ship or aircraft shall be given free pratique;
(i) a healthy ship or aircraft shall on arrival be given free pratique even when it
has come from an infected local area;
(j) if a case of smallpox is discovered on the arrival of train or road vehicle, a
health officer shall have power to remove the infected person and place him
under surveillance or isolation with or without vaccination as may be
necessary, any period of surveillance or isolation being reckoned from the
date of arrival, and a health officer shall have power to disinfect any part of
the train or vehicle which he considers to be contaminated.
34. Typhus
The following provisions shall apply to typhus—
(a) for the purposes of these Rules, the incubation period of typhus shall be
fourteen days;
(b) if a health officer or medical officer of health considers that a person
departing from an infected local area on an international voyage is liable to
spread typhus, he shall have power to order that such person may be
disinsected and also that the clothes which such person is wearing,
baggage and anything likely to spread typhus shall also be disinsected and
if necessary disinfected;
(c) a health officer shall have power, if he considers it necessary to disinsect
and put under surveillance for a period of not more than fourteen days,
reckoned from the date of disinsecting, any person on an international
voyage who has left an infected local area within the previous fourteen
days; a health officer shall also have power to disinsect and, if necessary
disinfect the clothes which such person is wearing, his baggage and any
other article likely to spread typhus;
(d) on arrival, a ship or an aircraft shall be regarded as healthy even if it has an
infected person on board:
Provided that a health officer shall have power—
(i) to order than an infected person may be removed and isolated;
(ii) to disinsect any suspect;
(iii) to disinsect the accommodation occupied by the infected person and
by any suspect, together with the clothes they are wearing, their
baggage and any other article likely to spread typhus, and such
articles may also be disinfected if necessary;
[Rev. 2012] CAP. 242
Public Health
[Subsidiary]
111 [Issue 1]
(e) if a case of typhus is discovered on the arrival of a train or vehicle, a health
officer shall have power to apply any of the measures prescribed by this rule
for a ship or aircraft.
35. Relapsing fever
The following provisions shall apply to relapsing fever—
(a) for the purposes of this Rule, the incubation period of relapsing fever shall
be eight days;
(b) the provisions of rule 34 with regard to typhus shall apply to relapsing fever:
Provided that, if a person is placed under surveillance, the period of the surveillance
shall not be more than eight days reckoned from the date of disinfection.
36. Used clothing
(1) Every consignment (excluding the personal effects of travellers) of bedding, blank-
ets, body linen or other articles of clothing which have been used, or any rags, flocks
made of rags, used sacks, carpets or any similar article which has been in use, and which
is landed at any port or airport in Kenya shall be declared as such to the customs
authorities at the port or airport and a certified statement submitted showing the place of
origin and precise composition of the consignment.
(2) Every consignment or part thereof intended for sale or disposal in Kenya shall be
accompanied by a sufficient certificate, furnished by the recognized public authority at the
port of shipment or place of origin of the consignment, to the effect that the articles
mentioned therein are clean and have been efficiently disinfected to the satisfaction of that
authority.
(3) Such certificate shall in addition state in detail the method of disinfection and the
apparatus used, and be accompanied by a certificate or other satisfactory evidence that
the consignment has not been opened, nor interfered with, since the issue of the
certificate.
(4) Every consignment, whether accompanied by a certificate or not, shall be detained
by the customs pending its inspection or examination by a health officer or by any person
authorized by him to do so on his behalf.
(5) For the purposes of this rule, “efficiently disinfected” means disinfected to the
satisfaction of a health officer.
(6) Failing the production of satisfactory certificates as provided for in paragraph (2) of
this Rule, or if, despite the production of such certificates, the articles are found to be dirty
or unclean, the whole of such consignment shall be disinfected at the port of entry to the
satisfaction of a health officer at the sole expense, risk and delay of the consignee.
(7) If in the opinion of a health officer a consignment, or any part thereof, cannot be
satisfactorily disinfected, he may destroy or order the destruction of the whole or any part
of the consignment:
Provided that—
(i) if the goods to be destroyed exceed one thousand shillings in value the
previous consent in writing of the Director must be obtained;
(ii) where the goods to be destroyed exceed one thousand shillings in value
such destruction shall not be carried out if the owner or consignee re-
exports the said goods within a period of four weeks of the destruction
order.
(8) In the case of a consignment intended for places outside Kenya, if unaccompanied
by a certificate in terms of paragraph (2), the consignment may be landed under such
CAP. 242 [Rev. 2012]
Public Health
[Subsidiary]
[Issue 1] 112
guarantees as the Commissioner of Customs and Excise may require, provided such
consignment will be conveyed to its destination outside Kenya without being opened,
unpacked or disposed of within Kenya:
Provided that the government of any East African Territory may request the
Government to apply the provisions of this Rule to all articles consigned to places within
its territory, in which event the same requirements shall be enforced in respect of all such
articles as if they had been consigned to a place within Kenya.
(9) The recognized authority for granting the certificate of disinfection mentioned in
paragraph (2) shall be—
(a) the port health or sanitary authority of any British port at which a
consignment was shipped; or
(b) the local health or sanitary authority for any area in the United Kingdom or
British colony at which the goods have been packed; or
(c) the port health or sanitary authority of the municipality or other local health
authority at any foreign port, or at any place abroad at which the goods
have been packed.
(10) All expenses in respect of any disinfection carried out by the health administration
under these Rules shall be paid by the owner or consignee or his agent, who shall also be
responsible for the cost of any transport, unpacking or repacking which may be necessary.
37. Disinfection and destruction of articles
A health officer shall have power—
(a) to cause to be disinfected any article or thing on board or landed from any
ship or aircraft which is infected or suspected to be infected;
(b) to prohibit the landing from any ship or aircraft of any infected article or thing
until it has been disinfected to his satisfaction:
Provided that any article or thing may be landed for the purpose of
disinfection with the written permission of a health officer and subject to
such conditions and restrictions as he may specify;
(c) to order the destruction of any article or thing which in the opinion of the
health officer cannot be satisfactorily disinfected, either by or at the expense
of the officer in command or agent of the ship or aircraft:
Provided that—
(i) if the value of such article or thing exceeds one thousand shillings the
previous consent of the Director must be obtained;
(ii) mail (excluding parcels conveyed by post) which is contained in clean
intact bags or packages shall not be liable to disinfection.
38. Certificate of disinfection
A health officer shall furnish, if so requested by the officer in command, owners or
agents of any vessel or aircraft, a certificate stating the measures taken and the reasons
therefor, or shall enter those particulars on the declaration of health to be furnished to the
officer in command of such ship or aircraft before it leaves Kenya.
39. Destruction of unsound food
A health officer, or other person duly authorized in writing by him, shall have power—
(a) to inspect and examine, detain, seize or remove for the purpose of
examination any article of food or drink on board any ship or aircraft and
within any airport, port or harbour; and
[Rev. 2012] CAP. 242
Public Health
[Subsidiary]
113 [Issue 1]
(b) if he is of the opinion that such food or drink is diseased or otherwise unfit
for human consumption, to order it to be treated or disposed of in order to
avoid danger to health;
(c) to order the destruction of such article:
Provided that if the value of the article exceeds one thousand shillings he shall first
obtain the previous consent of the Director, and any expenses incurred in connexion with
such treatment or destruction shall be payable by the owner of such article or his agent
and shall be recoverable as a civil debt.
40. Prevention of nuisance in port
(1) It shall be an offence if the officer in command of any ship causes or permits any
manure, excreta or refuse of any kind to be thrown overboard from any ship in any
harbour or port so as to constitute a nuisance in the opinion of a health officer or the port
manager.
(2) The officer in command of a ship shall cause any such things to be removed to a
place set apart for the purpose or otherwise disposed of as a health officer may direct.
(3) Carcasses of dead animals and other offensive things shall be separately
disposed of.
(4) In the case of a cattle ship or other ship which in the opinion of a health officer is in
a filthy condition or has a large quantity of manure or other offensive matter on board, a
health officer, after consultation with the port manager, may order the officer in command
to remove such ship to a specified distance beyond the harbour area and there to cleanse
his ship.
41. Nuisances on board ships or aircraft
(1) It shall be the duty of the officer in command of any ship or aircraft to prevent the
existence of any nuisance or danger to health on his ship or aircraft.
(2) In the event of any such nuisance or danger to health arising, a health officer shall
have power to order the officer in command of such ship or aircraft to remedy it forthwith
and to take such measures as he may specify to prevent its recurrence.
(3) Failure or refusal to carry out any such requirements shall be an offence, and, in
addition, the officer in command may be ordered to remove his ship or aircraft from the
port or airport until such nuisance or danger to health has been remedied.
42. Removal of nuisance
(1) Where any nuisance is caused by any article within any harbour, port or airport,
the health officer shall have power to order the owner thereof, or his agent, or consignee,
to remove the cause of the nuisance forthwith.
(2) If such person fails to do so, or cannot be found, the health officer, after
consultation with the Commissioner of Customs and Excise or port manager, may order or
cause the nuisance to be removed and, if necessary for that purpose, may cause such
article to be destroyed.
(3) Any expense incurred in so doing shall be payable by the owner of such article or
cargo or his agent or other responsible person and shall be recoverable as a civil debt.
43. Prohibition of nuisance
It shall be an offence for any person to cause a nuisance or foul any public latrine or
urinal within any port or airport.
CAP. 242 [Rev. 2012]
Public Health
[Subsidiary]
[Issue 1] 114
44. Maritime Declaration of Health
(1) The officer in command of a ship on an international voyage shall, before arriving
at its first port of call in Kenya, ascertain the state of health on board, and, on arrival, shall
complete and deliver to the health officer for the port a Maritime Declaration of Health,
which shall be countersigned by the ship’s surgeon if one is carried.
(2) The officer in command and the ship’s surgeon shall supply any further information
required by the health officer as to the health conditions on board during the voyage.
(3) A Maritime Declaration of Health shall be in the form set out in the Sixth Schedule.
(4) Any officer in command who fails to carry out any of the provisions of this rule shall
be guilty of an offence.
45. Aircraft Health Declaration
(1) The officer in command of an aircraft on landing at an airport, or his authorized
agent, shall complete and deliver to the health officer for the airport a copy of that part of
the Aircraft General Declaration which contains the following information—
(a) illness suspected of being of an infectious nature which has occurred on
board during the flight;
(b) any other condition on board which may lead to the spread of disease;
(c) detail of each disinsecting or other sanitary treatment (place, date, time,
method) during the flight; if no disinsecting has been carried out during the
flight details of the most recent disinsecting should be given.
(2) The officer in command of an aircraft, or his authorized agent, shall supply any
further information required by the health officer as to health conditions on board during
the voyage.
(3) Any officer in command of an aircraft who fails to carry out any of the provisions of
this rule shall be guilty of an offence.
46. Certificates
(1) For the purposes of these Rules, a deratting certificate shall be in the form in the
Second Schedule.
(2) For the purposes of these Rules, a certificate of vaccination or revaccination
against cholera shall be in the form in the Third Schedule.
(3) For the purposes of these Rules, a certificate of vaccination or revaccination
against yellow fever shall be in the form in the Fourth Schedule.
(4) For the purposes of these Rules, a certificate of vaccination or revaccination
against smallpox shall be in the form in the Fifth Schedule.
47. Vaccination certificates of armed forces
For the purposes of these Rules, a vaccination document issued by the armed forces
to an active member of these forces shall be accepted by the health administration in lieu
of a certificate in the forms referred to in rule 46, provided that—
(a) it embodies medical information substantially the same as that required by
such forms; and
(b) it contains a statement regarding the nature and the date of the vaccination
and to the effect that it is issued in accordance with the provisions of the
International Sanitary Regulations.
[Rev. 2012] CAP. 242
Public Health
[Subsidiary]
115 [Issue 1]
48. Additional sanitary measures
A health officer shall have power to prescribe and enforce such additional sanitary
measures as he may consider necessary in respect of—
(a) migrants;
(b) seasonal workers or persons taking part in periodic mass congregations;
(c) movements of troops;
(d) any ship, aircraft, train or vehicle carrying such persons.
49. Recovery of expenses
(1) All expenses incurred by Government—
(a) in dealing with any person on a ship, aircraft, train or vehicle or recently
landed from a ship, aircraft, train or vehicle, suffering or suspected to be
suffering from any infectious disease or from any other disease which the
health administration may have notified in the Gazette; or
(b) in connexion with the detention in quarantine of any ship, aircraft, train or
vehicle or the isolation, accommodation, care and treatment of any person
suffering from, or who has been exposed to infection from, any infectious
disease; or
(c) in eradicating any infectious disease in any ship, aircraft, train or vehicle or
in any article or thing on board any ship, aircraft, train or vehicle,
shall be payable by the master, owner or agent of such ship, aircraft, train or vehicle and
shall be recoverable as a civil debt.
(2) For the carrying out of the services mentioned in paragraph (1) of this Rule, a
health officer may require the officer in command, owner or agent of such ship, aircraft,
train or vehicle to furnish satisfactory security or guarantees in respect of payment thereof
or he may require payment thereof in advance.
FIRST SCHEDULE
[Rules 2 and 16, L.N. 295/1979, r. 2.]
AIRPORTS
1. Jomo Kenyatta International Airport — Nairobi.
2. Moi International Airport — Mombasa.
3. Wilson Airport — Nairobi.
4. Kisumu Airport.
CAP. 242 [Rev. 2012]
Public Health
[Subsidiary]
[Issue 1] 116
SECOND SCHEDULE
[Rules 30 and 46(1).]
MED. 272
MEDICAL DEPARTMENT
DERATTING CERTIFICATE*—CERTIFICATE DE DERATISATION*
DERATTING EXEMPTION CERTIFICATE*—CERTIFICAT D’EXEMPTION DE DERATISATION*
Issued in accordance with Article 52 of the International Sanitary Regulations
Delivre conformement a l’article 52 du Reglement Sanitaire International
(Not to be taken away by Port Authorities.)—(Ce certificat ne doit pas être retiré par les autorites
portuaires.)
PORT OF ..................................................... PORT DE ......................................................................
Date—Date ..........................................................................
THIS CERTIFICATE records the inspection and deratting*
exemption*
at this port and on the above
date.
LE PRESENT CERTIFICAT atteste l’inspection et
la dératisation*
exemption*
en ce port et a la date
ci-dessus.
ship *of the
inland navigation vessel
* ............... of
net tonnage for a sea-going vessel ..........
....tonnage for an inland navigation vessel †
tonnage net, dans le cas d’un navire de haute mer *
du navire .................de ..........
tonnage ..... dans le cas d’un navire de navigation interleure †
inspection *At the time of
deratting
*the holds were laden with .................... tons of .................. cargo.
l’inspection *les cales etaient chargees de ......................................... tonnes Au moment de
la deratisation de ..........................................................................................cargo.
(*Strike out the unnecessary indications—Rayer les mentions Inutiles.)
(†Specify whether applies to metric displacement or any other method of determining the
tonnage—Specifier s’il s’agit de deplacement métrique ou, sinon, de quel autre tonnage il s’agit.)
RECOMMENDATIONS MADE — OBSERVATIONS.— In case of exemption, state here the
measures taken for maintaining the vessel or inland navigation vessel, in such a condition that the
number of rats on board is negligible.—Dans le cos d’exemption indiquer ici les mesures prises
pour que le navire soit maintenu dans des conditions telles que le nombre de rats a bord soit
négligeable.
.............................................................................
Seal, Name, Qualification and Signature of
Inspector
Cachet, Nom, Qualit et Signature de l’inspecteur
THIS CERTIFICATE SHOULD BE KEPT ON THE SHIP
[Rev. 2012] CAP. 242
Public Health
[Subsidiary]
117 [Issue 1]
S
E
C
O
N
D
S
C
H
E
D
U
L
E
—
co
n
tin
u
e
d
D
E
R
A
T
T
IN
G
C
E
R
T
IF
IC
A
T
E
(
a
)
—
C
E
R
T
IF
IC
A
T
D
E
D
E
R
A
T
IS
A
T
IO
N
(
a
)
D
E
R
A
T
T
IN
G
E
X
E
M
P
T
IO
N
C
E
R
T
IF
IC
A
T
E
(
a
)
—
C
E
R
T
IF
IC
A
T
D
’E
X
E
M
P
T
IO
N
D
E
D
E
R
A
T
IS
A
T
IO
N
(
a
)
D
E
R
A
T
T
IN
G
—
D
E
R
A
T
IS
A
T
IO
N
B
y
fu
m
ig
a
tio
n
—
p
a
r
fu
m
ig
a
tio
n
F
u
m
ig
a
n
t—
G
a
z
u
til
is
é
..
..
..
..
..
..
..
..
..
..
..
..
..
..
..
..
..
R
a
t
H
a
rb
o
u
ra
g
e
R
e
fu
g
e
s
a
r
a
ts
H
o
u
rs
e
xp
o
su
re
—
E
xp
o
si
tio
n
(
h
e
u
re
s
)
..
..
..
..
B
y
ca
tc
h
in
g
,
tr
a
p
p
in
g
o
r
p
o
is
o
n
in
g
p
e
r
ca
p
tu
re
o
u
p
o
ls
o
n
C
u
.
ft
.
sp
a
ce
Q
u
a
n
tit
y
u
se
d
(e
)
R
a
ts
f
o
u
n
d
d
e
a
d
T
ra
p
s
se
t
o
r
p
o
is
o
n
s
p
u
t
o
u
t
R
a
ts
c
a
u
g
h
t
o
r
ki
lle
d
C
o
m
p
a
rt
m
e
n
ts
C
o
m
p
a
rt
im
e
n
ts
(b
)
R
a
t
In
d
ic
a
tio
n
s
(c
)
T
ra
ce
s
d
e
R
a
ts
D
is
co
ve
re
d
tr
o
u
vé
s
(d
)
T
re
a
te
d
su
p
p
ri
m
é
s
C
a
p
a
ce
s
(m
e
t.
cu
b
e
s
)
Q
u
a
n
tit
é
s
e
m
p
lo
yé
e
s
R
a
ts
tr
o
u
vé
s
m
o
rt
s
P
ie
g
e
s
o
u
p
o
is
o
n
s
m
ls
R
a
ts
p
ri
s
o
u
tu
é
s
1
2
3
4
5
6
7
8
9
H
o
ld
s
C
a
le
s
..
..
..
1
—
2
—
3
—
4
—
5
—
6
—
7
S
h
e
lte
r
d
e
ck
sp
a
ce
E
n
tr
e
p
o
n
t
B
u
n
ke
r
sp
a
ce
S
o
u
te
a
c
h
a
rb
o
n
CAP. 242 [Rev. 2012]
Public Health
[Subsidiary]
[Issue 1] 118
S
E
C
O
N
D
S
C
H
E
D
U
L
E
—
co
n
tin
u
e
d
D
E
R
A
T
T
IN
G
—
D
E
R
A
T
IS
A
T
IO
N
B
y
fu
m
ig
a
tio
n
—
p
a
r
fu
m
ig
a
tio
n
F
u
m
ig
a
n
t—
G
a
z
u
til
is
é
.
..
..
..
..
..
..
..
..
..
..
..
..
..
..
..
..
R
a
t
H
a
rb
o
u
ra
g
e
R
e
fu
g
e
s
a
r
a
ts
H
o
u
rs
e
xp
o
su
re
—
E
xp
o
si
tio
n
(
h
e
u
re
s
)
..
..
..
..
B
y
ca
tc
h
in
g
,
tr
a
p
p
in
g
o
r
p
o
is
o
n
in
g
p
e
r
ca
p
tu
re
o
u
p
o
ls
o
n
C
u
.
ft
.
sp
a
ce
Q
u
a
n
tit
y
u
se
d
(e
)
R
a
ts
f
o
u
n
d
d
e
a
d
T
ra
p
s
se
t
o
r
p
o
is
o
n
s
p
u
t
o
u
t
R
a
ts
c
a
u
g
h
t
o
r
ki
lle
d
C
o
m
p
a
rt
m
e
n
ts
C
o
m
p
a
rt
im
e
n
ts
(b
)
R
a
t
In
d
ic
a
tio
n
s
(c
)
T
ra
ce
s
d
e
R
a
ts
D
is
co
ve
re
d
tr
o
u
vé
s
(d
)
T
re
a
te
d
su
p
p
ri
m
é
s
C
a
p
a
ce
s
(m
e
t.
cu
b
e
s
)
Q
u
a
n
tit
é
s
e
m
p
lo
yé
e
s
R
a
ts
tr
o
u
vé
s
m
o
rt
s
P
ie
g
e
s
o
u
p
o
is
o
n
s
m
ls
R
a
ts
p
ri
s
o
u
tu
é
s
1
2
3
4
5
6
7
8
9
E
n
g
in
e
-r
o
o
m
a
n
d
sh
a
ft
a
lle
y
C
h
a
u
ff
e
ri
e
s,
tu
n
n
e
l d
e
l’
a
rb
re
F
o
re
p
e
a
k
a
n
d
st
o
re
-r
o
o
m
P
e
a
k
a
va
n
t
e
t
m
a
g
a
si
n
A
ft
e
rp
e
a
k
a
n
d
st
o
re
-r
o
o
m
P
e
a
k
a
rr
iè
re
a
t
m
a
g
a
si
n
L
ife
b
o
a
ts
C
a
n
o
ts
d
e
sa
u
ve
ta
g
e
C
h
a
rt
s
a
n
d
w
ir
e
le
ss
r
o
o
m
s
C
h
a
m
b
re
d
e
ca
rt
e
s
T
.S
.F
[Rev. 2012] CAP. 242
Public Health
[Subsidiary]
119 [Issue 1]
S
E
C
O
N
D
S
C
H
E
D
U
L
E
—
co
n
tin
u
e
d
D
E
R
A
T
T
IN
G
—
D
E
R
A
T
IS
A
T
IO
N
B
y
fu
m
ig
a
tio
n
—
p
a
r
fu
m
ig
a
tio
n
F
u
m
ig
a
n
t—
G
a
z
u
til
is
é
..
..
..
..
..
..
..
..
..
..
..
..
..
..
..
..
..
R
a
t
H
a
rb
o
u
ra
g
e
R
e
fu
g
e
s
a
r
a
ts
H
o
u
rs
e
xp
o
su
re
—
E
xp
o
si
tio
n
(
h
e
u
re
s
)
..
..
..
..
.
B
y
ca
tc
h
in
g
,
tr
a
p
p
in
g
o
r
p
o
is
o
n
in
g
p
e
r
ca
p
tu
re
o
u
p
o
ls
o
n
C
u
.
ft
.
sp
a
ce
Q
u
a
n
tit
y
u
se
d
(e
)
R
a
ts
f
o
u
n
d
d
e
a
d
T
ra
p
s
se
t
o
r
p
o
is
o
n
s
p
u
t
o
u
t
R
a
ts
c
a
u
g
h
t
o
r
ki
lle
d
C
o
m
p
a
rt
m
e
n
ts
C
o
m
p
a
rt
im
e
n
ts
(b
)
R
a
t
In
d
ic
a
tio
n
s
(c
)
T
ra
ce
s
d
e
R
a
ts
D
is
co
ve
re
d
tr
o
u
vé
s
(d
)
T
re
a
te
d
su
p
p
ri
m
é
s
C
a
p
a
ce
s
(m
e
t.
cu
b
e
s
)
Q
u
a
n
tit
é
s
e
m
p
lo
yé
e
s
R
a
ts
tr
o
u
vé
s
m
o
rt
s
P
ie
g
e
s
o
u
p
o
is
o
n
s
m
ls
R
a
ts
p
ri
s
o
u
tu
é
s
1
2
3
4
5
6
7
8
9
G
a
lle
y
C
u
is
in
e
s
P
a
n
tr
y
C
a
m
b
u
se
s
P
ro
vi
si
o
n
s
st
o
re
-
ro
o
m
s
so
u
te
s
a
v
iv
re
s
Q
u
a
rt
e
rs
(
cr
e
w
)
P
o
st
e
s
(e
q
u
ip
a
g
e
)
Q
u
a
rt
e
s
(o
ff
ic
e
rs
)
ch
a
m
b
re
s
(o
ff
ic
ie
rs
)
Q
u
a
rt
e
s
(c
a
b
in
p
a
ss
e
n
g
e
rs
)
C
a
b
in
e
s
(p
a
ss
a
g
e
rs
)
CAP. 242 [Rev. 2012]
Public Health
[Subsidiary]
[Issue 1] 120
S
E
C
O
N
D
S
C
H
E
D
U
L
E
—
co
n
tin
u
e
d
D
E
R
A
T
T
IN
G
—
D
E
R
A
T
IS
A
T
IO
N
B
y
fu
m
ig
a
tio
n
—
p
a
r
fu
m
ig
a
tio
n
F
u
m
ig
a
n
t—
G
a
z
u
til
is
é
..
..
..
..
..
..
..
..
..
..
..
..
..
..
..
..
..
R
a
t
H
a
rb
o
u
ra
g
e
R
e
fu
g
e
s
a
r
a
ts
H
o
u
rs
e
xp
o
su
re
—
E
xp
o
si
tio
n
(
h
e
u
re
s
)
..
..
..
..
.
B
y
ca
tc
h
in
g
,
tr
a
p
p
in
g
o
r
p
o
is
o
n
in
g
p
e
r
ca
p
tu
re
o
u
p
o
ls
o
n
C
u
.
ft
.
sp
a
ce
Q
u
a
n
tit
y
u
se
d
(e
)
R
a
ts
f
o
u
n
d
d
e
a
d
T
ra
p
s
se
t
o
r
p
o
is
o
n
s
p
u
t
o
u
t
R
a
ts
c
a
u
g
h
t
o
r
ki
lle
d
C
o
m
p
a
rt
m
e
n
ts
C
o
m
p
a
rt
im
e
n
ts
(b
)
R
a
t
In
d
ic
a
tio
n
s
(c
)
T
ra
ce
s
d
e
R
a
ts
D
is
co
ve
re
d
tr
o
u
vé
s
(d
)
T
re
a
te
d
su
p
p
ri
m
é
s
C
a
p
a
ce
s
(m
e
t.
cu
b
e
s
)
Q
u
a
n
tit
é
s
e
m
p
lo
yé
e
s
R
a
ts
tr
o
u
vé
s
m
o
rt
s
P
ie
g
e
s
o
u
p
o
is
o
n
s
m
ls
R
a
ts
p
ri
s
o
u
tu
é
s
1
2
3
4
5
6
7
8
9
Q
u
a
rt
e
rs
(s
te
e
ra
g
e
)
p
o
st
e
s
(e
m
ig
ra
n
ts
)
T
O
T
A
L
.
..
..
..
..
..
..
..
(a
)
S
tr
ik
e
o
u
t
th
e
u
n
n
e
ce
ss
a
ry
in
d
ic
a
tio
n
s—
R
a
ye
r
le
s
m
e
n
tio
n
s
in
u
til
e
s.
(b
)
In
ca
se
a
n
y
o
f
th
e
co
m
p
a
rt
m
e
n
t
e
n
u
m
e
ra
te
d
d
o
n
o
t
e
xi
st
o
n
th
e
sh
ip
o
r
in
la
n
d
n
a
vi
g
a
tio
n
ve
ss
e
l,
th
is
fa
ct
m
u
st
b
e
m
e
n
tio
n
e
d
—
L
o
rs
q
’u
n
d
e
s
co
m
p
a
rt
im
e
n
ts
é
n
u
m
é
ré
s
n
e
xi
st
e
p
a
s
su
r
le
n
a
vi
re
,
o
n
d
e
vr
a
le
m
e
n
tio
n
e
r
e
xp
re
ss
é
m
e
n
t.
(c
)
O
ld
o
r
re
ce
n
t
e
vi
d
e
n
ce
o
f
e
xc
re
ta
,
ru
n
s
o
r
g
n
a
w
in
g
—
tr
a
ce
s
a
n
ci
e
n
n
e
s
o
u
r
e
é
ce
n
te
s
d
’e
xc
ré
m
e
n
ts
,
d
e
p
a
ss
a
n
g
e
s
o
u
d
e
r
o
n
g
e
m
e
n
ts
.
(d
)
N
o
n
e
.
S
m
a
ll.
M
o
d
e
ra
te
o
r
L
a
rg
e
—
N
é
a
n
t.
P
e
u
.
P
a
ss
a
b
le
m
e
n
t
o
r
B
e
a
u
co
u
p
.
(e
)
S
ta
te
th
e
w
e
ig
h
t
o
f
su
lp
h
u
r
o
r
o
f
cy
a
n
id
e
sa
lts
o
r
q
u
a
n
tit
y
o
f
H
C
N
u
se
d
—
In
d
iq
u
e
r
le
s
p
o
id
s
d
e
so
u
fr
e
o
u
d
e
cy
a
n
u
re
o
u
la
p
ro
p
o
rt
io
n
d
’a
ci
d
e
cy
a
n
h
yd
ri
q
u
e
.
..
..
..
..
..
..
..
..
..
..
..
..
..
..
..
..
..
..
..
..
..
..
..
..
..
..
..
..
..
..
..
..
..
..
..
..
..
..
..
..
..
..
..
..
..
..
..
..
..
..
..
..
..
..
..
..
..
..
..
..
..
..
S
e
a
l,
N
a
m
e
,
Q
u
a
lif
ic
a
tio
n
a
n
d
S
ig
n
a
tu
re
o
f
In
sp
e
ct
o
r
C
a
ch
e
t,
N
o
n
,
Q
u
a
lit
é
e
t
S
ig
n
a
tu
re
d
e
l’
in
sp
e
ct
e
u
r
[Rev. 2012] CAP. 242
Public Health
[Subsidiary]
121 [Issue 1]
THIRD SCHEDULE
[Rules 2 and 46(2).]
Form of Certificate Issued by the Government of Kenya
Figure de Certificat émis par le Government de Kenya
INTERNATIONAL CERTIFICATE OF VACCINATION OR REVACCINATION
AGAINST CHOLERA
CERTIFICAT INTERNATIONAL DE VACCINATION OU DE REVACCINATION
CONTRE LE CHOLERA
This is to certify that ................... date of birth ....................... sex ...............
Je soussigné (e)
(certifie que)
né (e) le sexe
whose signature follows
dont la signature suit
...........................................................................................................
has on the date indicated been vaccinated or revaccinated against cholera.
a ete vacciné (e) au revacciné(e) contre le cholére a la date indiquée.
Date
Signature and professional status of
vaccinator
Signature et qualité professionnelle
du vaccinateur
Approved Stamp
Cachet d’authentification
1.
2.
1 2
3.
4.
3 4
5.
6.
5 6
7.
8.
(See overleaf) (Voyez sur l’autre côté)
This validity of this certificate shall extend for a period of six months, beginning six days after the
first injection of the vaccine or, in the event of a revaccination within such period of six months, on
the date of that revaccination.
The approved stamp mentioned above must be in a form prescribed by the health administration
of the territory in which the vaccination is performed.
Any amendment of this certificate, or erasure, or failure to complete any part of it, may render it
invalid.
La validité de ce certificat coure une période de six mois commençant six jours apres la preimire
injection du vaccin, ou, dans le cos d’une revaccination au cours de cette periode de six mois, le
jour de cette revaccination.
Le cachet d’authentification doit étre conform au modele present par l’administration sanitaire du
territoire où la vaccination est effectuée.
Toute correction ou rature sur le certificat ou remission d’une quelconque des mentions qu’il
comporte peut affecter sa validité.
CAP. 242 [Rev. 2012]
Public Health
[Subsidiary]
[Issue 1] 122
FOURTH SCHEDULE
[Rules 2 and 46(3).]
Form of Certificate issued by the Government of Kenya
Figure de Certificat émis par le Government de Kenya
INTERNATIONAL CERTIFICATE OF VACCINATION OR REVACCINATION
AGAINST YELLOW FEVER
CERTIFICAT INTERNATIONAL DEVACCINATION OU DE REV ACCINATION
CONTRE LE FIEVRE JAUNE
This is to certify that date of birth sex
Je soussigné(e) (certifie que)
.................
né (e) le
................
sexe
.................
whose signature follows
dont la signature suit
..........................................................................................................
has on the date indicated been vaccinated or revaccinated against yellow fever.
a ete vacciné(e) ou revacciné(e) contre la fièvre jaune à la date indiquee.
Signature and
professional status of
vaccinator
Origin and batch
No. of vaccine
Official stamp of
vaccinating centre
Date
Signature et qualité
professionelle du
vaccinateur
Origine du vaccin
employé et numero
du lot
Cachet officiel du
centre de vaccination
1.
2.
1 2
3.
4.
3 4
(See overleaf) (Voyez sur l’autre côté)
This certificate is valid only if the vaccine used has been approved by the World Health
Organization and if the vaccinating centre has been designated by the health administration for the
territory in which that centre is situated.
The validity of this certificate shall extend for a period of six years beginning ten days after the
date of vaccination or, in the event of a revaccination within such period of six years, from the date
of that revaccination.
Any amendment of this certificate, or erasure, or failure to complete any part of it, may render it
invalid.
Ce certificat n’est valable que si le vaccin employé a été approuvé par l’Organisation Mondiale de
la Santé et si le centre de vaccination a été habilité par l’administration sanitaire du territoire dans
lequel ce centre est situé.
La validité de ce certificat couvre une periode de six ans commencant dix jours après la date de
la vaccination ou, dans le cas ďune revaccination au cours de cette période de six ans, le jour de
cette revaccination.
Toute correction ou rature sur le certificat ou l’omission sune quelconque des mentions qu’il
comporte peut affecter sa validité.
[Rev. 2012] CAP. 242
Public Health
[Subsidiary]
123 [Issue 1]
FIFTH SCHEDULE
[Rules 2 and 46(3).]
Form of Certificate issued by the Government of Kenya
Figure de Certificat émis par le Government de Kenya
INTERNATIONAL CERTIFICATE OF VACCINATION OR REVACCINATION
AGAINST SMALLPOX
CERTIFICAT INTERNATIONAL DEVACCINATION OU DE REV ACCINATION
CONTRE LA VARIOLE
This is to certify that date of birth sex
Je soussigné(e)
(certifie que)
................. né(e) le
................ sexe
................
whose signature follows
dont la signature suit
..........................................................................................................
has on the date indicated been vaccinated or revaccinated against smallpox.
a été vacciné(e) ou revacciné(e) contre la variole à la date indiqueé.
Signature and
professional status of
vaccinator Approved stamp
Date
Show by “X” whether
Indiquer par “X” s΄ils΄agit de Signature et qualité
professionelle du
vaccinateur
Cache
ď authentification
1. Primary vaccination (1st attempt) Premovaccination (ler essal) 1.
(a) Performed (a) (a)
Effectuée
(b) Read as successful/Prise (b) (b)
or/ou
unsuccessful/pas de prise
2. Primary vaccination (2nd attempt) Premovaccination (2me essal) 2.
(a) Performed (a) (a)
Effectuée
(b) Read as successful/Prise (b) (b)
or/ou
unsuccessful/pas de prise
3. Revaccination
4. Revaccination
5. Revaccination
6. Revaccination
(See overleaf) (Voyez sur l’autre côté)
The validity of this certificate shall extend for a period of three years beginning eight days after
the date of a successful primary vaccination or, in the event of a revaccination, on the date of
revaccination.
CAP. 242 [Rev. 2012]
Public Health
[Subsidiary]
[Issue 1] 124
FIFTH SCHEDULE—continued
The approved stamp mentioned above must be in a form prescribed by the health administration
of the territory in which the vaccination is performed.
Any amendment of this certificate, or erasure, or failure to complete any part of it, may render it
invalid.
La validité de ce certificat couvre une période de trois ans commencant huit jours aprés la date
de la primovaccination effectuée avec succes (prise) ou, dans le cos dune revaccination, le jour de
cette revaccination.
Le cachet ďauthentification doit être conforme au modèle prescrit par l’administration sanitaire du
territoire où la vaccination est effectuée.
Toute correction ou rature sur le certificat ou remission sune quelconque des mentions qu’il
comporte peut affecter sa validité.
SIXTH SCHEDULE
[Rules 44(3).]
MARITIME DECLARATION OF HEALTH
(To be rendered by the masters of ships arriving from ports outside the territory)
Port of .................................................. Date ....................................................................
Name of ship ....................................... From ..................... To .......................................
Nationality ............................................ Master’s name ....................................................
Net Registered Tonnage ......................................................................................................................
Deratting or Certificate .................................. Dated ..................................................
Deratting Exemption
Issued at .................................................................................................
Number of Cabin ...................................... Number of crew .................................................
passengers
Deck ....................................................................................................................
List of ports of call from commencement of voyage with dates of departure: .......................................
...............................................................................................................................................................
...............................................................................................................................................................
Health Questions
Answer
Yes or No
1. Has there been on board during the voyage* any case or suspected
case of plague, cholera, yellow fever, smallpox, typhus or relapsing
fever? Give particulars in the Schedule ........................................... ....................................
2. Has plague occurred or been suspected among the rats or mice on
board during the voyage*, or has there been an abnormal mortality
among them? ................................................................................... ....................................
3. Has any person died on board during the voyage* otherwise than as
a result of accident? Give particulars in Schedule . .......................... ....................................
4. Is there on board or has there been during the voyage* any case of
disease which you suspect to be of an infectious nature? Give
particulars in Schedule .................................................................... ....................................
5. Is there any sick person on board now? Give particulars in
Schedule ......................................................................................... ....................................
Note.—In the absence of a surgeon, the Master should regard the following symptoms as ground
for suspecting the existence of an infectious nature: fever accompanied by prostration or
persisting for several days, or attended with glandular swelling; any acute skin rash or
eruption with or without fever; severe diarrhoea with symptoms of collapse; jaundice
accompanied by fever.
[Rev. 2012] CAP. 242
Public Health
[Subsidiary]
125 [Issue 1]
SIXTH SCHEDULE—continued
6. Are you aware of any other condition on board which may lead to
infection or the spread of disease? .................................................. ....................................
I hereby declare that the particulars and answers to the questions given in this Declaration of
Health (including the Schedule ) are true and correct to the best of my knowledge and belief.
Signed ................................................................
Master
Countersigned ....................................................
Ship’s Surgeon
Date ....................................................................
* If more than four weeks have elapsed since the voyage began, it will suffice to give particulars
for the last four weeks.
CAP. 242 [Rev. 2012]
Public Health
[Subsidiary]
[Issue 1] 126
S
IX
T
H
S
C
H
E
D
U
L
E
—
co
n
tin
u
e
d
S
C
H
E
D
U
L
E
T
O
T
H
E
D
E
C
L
A
R
A
T
IO
N
P
a
rt
ic
u
la
rs
o
f
e
ve
ry
c
a
se
o
f
ill
n
e
ss
o
r
d
e
a
th
o
cc
u
rr
in
g
o
n
b
o
a
rd
N
a
m
e
C
la
ss
o
r
ra
tin
g
A
g
e
S
e
x
N
a
tio
n
a
lit
y
P
o
rt
o
f
e
m
b
a
rk
a
tio
n
D
a
te
o
f
e
m
b
a
rk
a
tio
n
N
a
tu
re
o
f
ill
n
e
ss
D
a
te
o
f
its
o
n
se
t
R
e
su
lts
o
f
ill
n
e
ss
∗
D
is
p
o
sa
l
o
f
ca
se
†
∗
S
ta
te
w
h
e
th
e
r
re
co
ve
re
d
;
st
ill
il
l;
d
ie
d
.
†
S
ta
te
w
h
e
th
e
r
s
til
l o
n
b
o
a
rd
;
la
n
d
e
d
a
t
(g
iv
e
n
a
m
e
o
f
p
o
rt
)
b
u
ri
e
d
a
t
se
a
.
[Rev. 2012] CAP. 242
Public Health
[Subsidiary]
127 [Issue 1]
SEVENTH SCHEDULE
Notice of Expected Arrival of a Vessel
1. Name of the vessel.
2. Nationality.
3. Last port of call.
4. Date expected.
5. Approximate tonnage (specify whether net or gross).
6. Tonnage and description of cargo to be landed.
7. Approximate number of passengers to disembark.
8. Agents.
9. Remarks.
To the Port Health Officer,
Port of .................................................................
[Rev. 2012] CAP. 242
Public Health
[Subsidiary]
129 [Issue 1]
TARIFF OF CHARGES PRESCRIBED
[G.N. 1086/1949.]
UNDER SECTION 73(J)
The following charges, based on net tonnage, are payable by masters or owners or
agents of vessels in respect of the inspection of a vessel and the issue of a deratization
certificate or of a deratization exemption certificate by the Port Health Officer—
Sh. cts.
For ships of up to 300 tons ................................................................................... 10 50
For ships of from 301 tons to 1,000 tons .............................................................. 21 00
For ships of from 1,001 tons to 3,000 tons ........................................................... 42 00
For ships of from 3,001 tons to 10,000 tons ......................................................... 63 00
For ships of over 10,000 tons ............................................................................... 84 00
The above charges are in addition to any charges that may be made for any
fumigation or deratization by the port authorities.
[Rev. 2012] CAP. 242
Public Health
[Subsidiary]
131 [Issue 1]
PUBLIC HEALTH (DRAINAGE AND LATRINE) RULES
ARRANGEMENT OF RULES
Rule
1. Citation.
2. Application.
3. Interpretation.
Drainage and Sewerage Provisions, etc.
4. Local authority to enforce drainage of undrained buildings.
5. Two or more buildings may be drained by combined operation.
6. New buildings must be drained.
7. Local authority may require sinks, drains or other necessary appliances to be
provided to buildings.
8. Conversion of latrines into water-closets.
9. Where sewer available, local authority may require it to be used.
10. Maintenance of drains and drainage works.
11. Examination of drains, latrines, cesspools and septic tanks.
12. Local authority may test drains.
13. Stoppages in drains.
14. Penalty for unauthorized building over sewers or under streets.
15. Injurious matters not to be passed into sewers.
16. Power to prohibit the passing of solid matter, steam, chemical refuse, etc., into
sewers.
17. Brewery or manufacturing sewage.
18. Power to make inspection chamber in manufacturing premises.
19. Rain-water pipes not to communicate directly with a closed drain.
20. Notice to be given of intention to make a sewer connexion.
21. Sewer connexions not to be made without permission.
22. Drainage works in streets and other public places.
23. Local authority may arrange with owners to carry out private drainage works.
24. Owner outside district may arrange with local authority to connect to sewer.
25. Charges to cover supervision, etc.
26. Tins, bottles, etc., not to be allowed to enter drains.
27. Traps, gullies and ventilation pipes to be kept free from obstruction.
Construction of Drains
28. Excavation for and laying of drains.
29. Requirements for construction of closed drains.
30. Requirements for construction of drains.
31. Inlets to drains to be trapped.
32. No right-angled junctions to be made.
33. Drains to be trapped from cesspools and septic tanks, etc.
34. Drains not to be trapped from sewers.
35. Provision of inspection chambers on drains.
CAP. 242 [Rev. 2012]
Public Health
[Subsidiary]
[Issue 1] 132
Rule
36. Ventilation of drains.
37. No inlets to drains within buildings.
Soil-Pipes
38. Requirements for soil-pipes.
39. Anti-syphonage pipes to soil-pipes.
40. Connexion of lead pipe with an iron pipe.
41. Connexion of stoneware pipe with a lead pipe.
42. Connexion of lead pipe with a stoneware pipe.
43. Connexion of iron pipe with stoneware pipe.
44. Connexion of stoneware pipe, with an iron pipe.
Waste-Pipes and Waste-Water Fittings
45. Requirements for waste-pipes and waste-water fittings.
46. Rain-water pipes not to be used for conveying soil-water or waste-water.
47. Overflow pipe not to be connected with any drain or ventilating pipe.
Gully Traps
48. Gully traps.
Grease Traps
49. Grease traps.
Water-Closets, Slop-Hoppers, Urinals, etc.
50. Water-closets.
51. Urinals.
52. Slop-hoppers.
53. Traps and joints of soil-water fittings.
54. Requirements for construction of soil-water fittings.
55. Automatic water-flushing cisterns not to be provided without permission.
56. Automatic water-flushing cisterns.
57. Water-closets to be kept provided with sufficient supply of water.
58. Position and enclosure of soil-water fittings.
59. Window and ventilation for soil-water fitting.
60. Trough-closets to open to external air.
61. Conditions for construction of water-closets.
Septic Tanks and Sewage Filter Installations, etc.
62. Requirements as to septic tanks, etc.
Disposal of Sewage
63. Disposal of sewage.
Deposit of Drainage Plans, Giving of Notices, etc.
64. Notice to be given and plans deposited of new drainage works.
65. Addition to, partial construction, reconstruction or alteration of existing drainage
works.
66. Copy of plans, etc., to belong to local authority.
67. Approval of drainage plans.
68. Drainage work not to be commenced before approval obtained.
[Rev. 2012] CAP. 242
Public Health
[Subsidiary]
133 [Issue 1]
Rule
69. In default of local authority drainage work may be proceeded with.
70. Alteration and construction of drainage work in cases of urgency.
71. Works notice before drainage work is commenced.
72. Notice that work is completed and ready for testing.
73. Drainage work not to be covered up until tested and approved.
74. Certificate to be issued on completion of drainage.
75. Fresh notice to be given if work not proceeded with within one year.
76. Unauthorized drainage work.
Licensing of Plumbers and Drainlayers
77. Drainage work to be carried out by licensed plumbers and drainlayers.
78. Plumbers and drainlayers must satisfy local authority of their competency.
79. Register of licensed persons to be kept by local authority and signed by licensees.
80. Licence to be produced for inspection.
81. Cancellation of licence.
82. Date of effect.
Provision of Latrine Accommodation
83. New buildings must be provided with latrine accommodation.
84. Local authority to require latrine accommodation in existing buildings.
85. Latrines for factories and workshops, etc.
86. Latrines for hotels, boarding-houses, theatres, public halls, etc.
87. Temporary latrines for workmen.
88. Latrines for different races.
89. Improper use of latrines used in common.
90. Improper use of public latrines.
91. No latrine other than water-closet to be constructed within 200 feet of sewer.
92. No latrine other than water-closet or urinal inside dwelling.
93. Latrines other than water-closets and urinals to be protected against flies.
94. Local authority to enforce protection of latrines against flies.
Pail-Closets
95. Requirements as to pail closets.
Pit-Closets
96. Pit-closets not to be constructed without permit from local authority.
Miscellaneous
97. Notices may be printed or written.
98. Service of notices.
99. Defect in form not to invalidate notices.
100. Penalties
SCHEDULES
FIRST SCHEDULE – REQUIREMENTS REGARDING WATER-CLOSETS
SECOND SCHEDULE
CAP. 242 [Rev. 2012]
Public Health
[Subsidiary]
[Issue 1] 134
PUBLIC HEALTH (DRAINAGE AND LATRINE) RULES
[Cap. 130 of (1948), Sub. Leg. L.N. 138/1959, L.N. 92/1960.]
RULES UNDER SECTION 126
1. Citation
These Rules may be cited as the Public Health (Drainage and Latrine) Rules.
2. Application
The Minister may, by notice in the Gazette, declare that on and after a specified date
the whole of these Rules or specified provisions thereof shall apply to the whole or a
specified part of the district of any local authority, hereinafter referred to as the local
authority.
[L.N. 138/1959, r. 2.]
3. Interpretation
In these Rules, unless the context otherwise requires—
“closed drain” means any drain constructed of pipes or in the form of an enclosed
conduit;
“cement” and “Portland cement” mean Portland cement which conforms in
every respect with the current British Standard Specification for Ordinary Portland
Cement and Rapid Hardening Cement;
“drainage works” means the construction, installation, laying, connecting, fixing,
repair or removal of any pipe, drain, gully, cesspool, septic tank, sewage filter
installation or other works for the discharge, reception or disposal of sewage in
connexion with any premises, or of any waste-pipe, soil-pipe, trap, urinal, water-closet,
slop-hopper, sink, bath, lavatory basin, ventilation pipe or antisyphonage pipe, or any
drain fitting or water-flushing cistern, or any works connected with the discharge of
liquid or soiled matter into any drain, sewer, cesspool, septic tank, sewage filter
installation or other like receptacle for drainage, or otherwise connected with the
drainage of any premises;
“domestic building” includes any building in human use, or intended for human
use, whether for purposes of business or residence or amusement;
“dwelling-house” means a building or any part or portion of a building used, or
constructed, adapted or designed to be used, for human habitation, as a separate
tenancy, or by one family only, whether detached, semi-detached or separated by
party walls or by floors from adjoining buildings, together with such outbuildings as are
reasonably required to be used or enjoyed therewith;
“earth-closet” means a pail-closet furnished with means for sprinkling earth,
ashes or any other material for the purpose of absorbing or covering the excremental
matter;
“housemaid’s sink” means any fitting used or intended to be used in connexion
with the cleansing of toilet-ware but neither used nor intended to be used for the
reception of any excremental liquid or substance;
“latrine” includes privy, urinal, pail-closet, pit-closet, earth-closet, chemical-closet
and water-closet;
[Rev. 2012] CAP. 242
Public Health
[Subsidiary]
135 [Issue 1]
“latrine accommodation” includes a receptacle for human excreta, together with
the structure containing and including such receptacle and the fittings and apparatus
connected therewith;
“pail-closet” means latrine accommodation including a movable receptacle for
human excreta;
“pit-closet” means latrine accommodation situated over any hole or excavation in
the ground;
“plot” means any area of land being the subject of a separate conveyance,
assignment or lease;
“sanitary inspector” means a sanitary inspector appointed by Government or by
a local authority to act as such within the district of a local authority;
“sewage” means soil-water, waste waters and manufacturing or trade effluent;
“sewer” means any duct belonging to the local authority and constructed, acquired
or maintained for the purpose of conveying sewage;
“sewer connexion” means any pipe junction, saddle or other contrivance
constructed in any sewer belonging to the local authority for the purpose of receiving
the discharge from any drain, or the drainage from one or more buildings into such
sewer;
“slop-hopper” means any fitting intended for the reception of slop water from
bedrooms or other waste waters containing excremental liquid or substance;
“soil-pipe” means any pipe fixed on or in any building for the purpose of
conveying the discharges from any water-closet, slop-hopper, urinal or urinette, or any
waste waters containing excremental liquid or substance;
“soil-water” means discharges from water-closets, slop-hoppers, urinals and
urinettes, and all waters containing any excremental liquid or substance;
“soil-water fittings” means water-closets, slop-hoppers, urinals and urinettes, and
all water fittings adapted or designed for the reception of matters of an excremental
character which are or are to be connected to any system of drainage;
“water-closet” means latrine accommodation adapted or designed for the
reception of human excreta, of both a solid and liquid character, used or adapted or
intended to be used in connexion with a water carriage system, and comprising
provision for the flushing of the receptacle by means of an approved water supply;
“waste-pipe” means any pipe for conveying waste water of a non-excremental
character from baths, lavatory basins, sinks, housemaids’ sinks or butlers’ sinks;
“waste water” means discharge of a non-excremental character from baths,
lavatory basins, sinks, housemaids’ sinks or butlers’ sinks;
“waste-water fittings” means baths, lavatory basins, sinks, housemaids’ sinks
and butlers’ sinks.
Drainage and Sewerage Provisions, etc.
4. Local authority to enforce drainage of undrained buildings
(1) Where any building is without a drain sufficient for the effectual drainage of the
same, the local authority shall by written notice require the owner of such building within a
reasonable time therein specified to make a drain or drains emptying into any sewer
belonging to the local authority which is at a suitable level, and which is not more than two
hundred feet distant from any part of such building, but, if no such means of drainage are
within that distance, then emptying into such covered tank or other like receptacle for
CAP. 242 [Rev. 2012]
Public Health
[Subsidiary]
[Issue 1] 136
drainage not being under any building or in such other manner as the local authority may
direct; and the local authority may require any such drain or drains to be of such materials
and size, and to be laid at such level and in such manner and with such falls, as may
appear to the local authority to be necessary:
Provided that where, in the opinion of the local authority, greater expense would be
incurred in causing the drains of two or more buildings to empty into an existing sewer
pursuant to this rule than in constructing a new sewer and causing such drains to empty
therein, the local authority may construct such new sewer, or cause such new sewer to be
constructed, and require the owners of such buildings to cause their drains to empty
therein, and may apportion as they deem just the expenses of the construction of such
sewer, amongst the owners of the several buildings, and recover as a civil debt
recoverable summarily the sums apportioned from such owners.
(2) Any person who fails to comply with the requirements of any notice served under
this rule within the time specified shall be guilty of an offence, and the local authority may,
after the expiration of the time specified in the notice, do the work required, and may
recover as a civil debt recoverable summarily the expenses incurred by it in so doing from
the owner.
5. Two or more buildings may be drained by combined operation
If it appears to the local authority that two or more buildings which are to be connected
with any sewer belonging to the local authority either voluntarily or compulsorily may be
drained more economically or advantageously in combination than separately, and a
sewer of sufficient size belonging to the local authority already exists or is about to be
constructed at a suitable level and within two hundred feet of any part of such buildings,
the local authority may when the drains of such buildings are first laid order that such
buildings be drained by a combined system of drainage to be constructed either by the
local authority if it so decides or by the owners in such manner as the local authority
directs, and the costs and expenses of the construction of such combined system of
drainage and of the repair and maintenance thereof shall be apportioned between the
owners of such buildings in such manner as the local authority determines, and if paid by
the local authority may be recovered by it from such owners.
6. New buildings must be drained
(1) No persons shall erect a new building or re-erect any building, any two external
walls of which have been pulled down or burned down or which have fallen down to or
below the level of the ground floor, or occupy or, being the owner thereof, permit to be
occupied any building so newly erected or re-erected, unless a drain or drains have been
constructed of such materials and size, and laid at such level, in such manner and with
such fall, as may appear necessary to the local authority for the effectual drainage of such
building; and the drain or drains so to be constructed shall empty into any sewer belonging
to the local authority which is at a suitable level and which is within two hundred feet of
any part of the site of the building to be erected or re-erected; and if no such means of
drainage are within that distance then shall empty into such covered tank or other place,
not being under any building, as the local authority may direct.
(2) Any person who causes any building to be erected or re-erected or any drain to be
constructed in contravention of this Rule shall be guilty of an offence.
(3) Notwithstanding anything contained in these Rules, no person shall cause or
permit any subsoil, surface, storm-water or rain-water, or any drain for the conveyance of
such waters, to discharge into or communicate with any drain or sewer for the conveyance
of sewage or waste water, or into any cesspool, septic tank or other receptacle for
drainage except with the written permission or by the direction of the local authority, and
then only on the condition that such subsoil, surface, storm-water or rain-water drain shall
discharge directly into the open air over a trapped gully and above the level of the water
therein, and no person shall cause or permit any sewage or waste-water drain to
[Rev. 2012] CAP. 242
Public Health
[Subsidiary]
137 [Issue 1]
discharge into or communicate with any drain or sewer for the conveyance of subsoil,
surface, storm-water or rain-water except with the written permission or by the direction of
the local authority.
7. Local authority may require sinks, drains or other necessary appliances to be
provided to buildings
(1) If it appears to the local authority that any building built before or after the
commencement of these Rules is not provided with a proper sink or drain or other
necessary appliances for carrying off waste water from such building, the local authority
may give notice in writing to the owner of such building requiring him, in the manner and
within the time specified in such notice, to provide such sink, drain or other appliances.
(2) If the owner makes default in complying with such requirement to the satisfaction
of the local authority within the time specified in such notice, he shall be guilty of an
offence, and in case of default the local authority may, if it thinks fit, itself provide such
sink, drain or other appliances, and the expenses incurred by it in so doing shall be repaid
to it by such owner, and may be recovered as a civil debt recoverable summarily.
8. Conversion of latrines into water-closets
(1) If any privy, earth-closet, pail-closet, pit-closet or other closet not being a water-
closet, or the building served by such privy, earth-closet, pail-closet, pit-closet or other
closet not being a water-closet, is within two hundred feet of any sewer belonging to the
local authority which is at a suitable level, and if there is a sufficient water supply, the local
authority may, by written notice addressed to the owner of the same, require the said
owner within a reasonable time, to be specified in such notice, to convert the privy, earth-
closet, pail-closet, pit-closet or other closet not being a water-closet, into a water-closet
and to connect the same to the said sewer, all as the case may require, in a manner and
by the use of materials to be approved of by the local authority; and the local authority
may, if it thinks fit, by written notice addressed to the owner, order the removal of such
privy, earth-closet, pail-closet, pit-closet or other closet not being a water-closet, within a
period specified in such notice.
(2) Any such owner who fails to comply with the requirements of any notice served
under this Rule, and that within the time specified, shall be guilty of an offence, and the
local authority may, after the expiration of the time specified in the notice, do the work
required, and may recover as a civil debt recoverable summarily the expenses incurred by
it in so doing from the owner.
9. Where sewer available, local authority may require it to be used
(1) Where the drainage of a building discharges into any cesspool or septic tank or
into any other receptacle or place whatsoever not being a sewer belonging to the local
authority, and such building is within two hundred feet of a sewer belonging to the local
authority which is at a suitable level, the local authority may, by written notice addressed
to the owner of the building, require the said owner, within a reasonable time to be
specified in the notice, to cease to discharge or permit to be discharged into the said
cesspool, septic tank, other receptacle or place any sewage and other waste water, and to
cause all such sewage and other waste water to be discharged into the said sewer in a
manner and by the use of materials to be approved by the local authority; and the local
authority may, by written notice addressed to the owner, order such cesspool, septic tank,
receptacle or place to be removed, filled in or otherwise suitably dealt with to its
satisfaction, within a period specified in such notice.
(2) Any such owner who fails to comply with the requirements of any notice served
under this rule, and that within the time specified, shall be guilty of an offence.
CAP. 242 [Rev. 2012]
Public Health
[Subsidiary]
[Issue 1] 138
10. Maintenance of drains and drainage works
(1) The owner of any premises shall, at his own expense, maintain all drains and all
drainage works constructed upon or in connexion with such premises in an efficient
condition and in a proper state of repair to the satisfaction of the local authority.
(2) In all cases where two or more buildings owned by more than one owner are
drained by a combined system of drainage, such owners shall jointly and severally be
responsible for the duty of, and for any costs and expenses incidental to, maintaining and
repairing such combined system of drainage.
11. Examination of drains, latrines, cesspools and septic tanks
(1) If it appears to the local authority that any drain, latrine, cesspool or septic tank
constructed upon or in connexion with any premises is in a bad state of repair, or is
inefficient or is a nuisance or injurious or dangerous to health, the local authority may,
after having given twenty-four hours’ written notice to the occupier of such premises, or in
case of emergency without notice, cause such premises to be entered, the ground to be
opened and such drain, latrine, cesspool or septic tank to be examined.
(2) If the drain, latrine, cesspool or septic tank on examination is found to be in a
proper, sound and efficient condition, the local authority shall cause the ground to be
closed, and any damage done to be made good as soon as can be, and the expenses of
the works shall be defrayed by the local authority.
(3) If the drain, latrine, cesspool, or septic tank on examination appears to be in a bad,
defective or inefficient condition, or to require alteration or amendment, the local authority
shall forthwith give notice in writing to the owner of the premises requiring him forthwith or
within a reasonable time therein specified to carry out such works as may be necessary;
and if the owner of such premises fails to comply with the requirements of any notice
served under this Rule within the time specified he shall be guilty of an offence, and the
local authority may, if it thinks fit, after the expiration of the time specified in the notice,
carry out the work required, and may recover as a civil debt recoverable summarily the
expenses incurred by it in so doing from the said owner.
12. Local authority may test drains
(1) The local authority may, at any reasonable time, cause to be applied to any
covered drain or drains, soil-pipe or ventilating pipe, constructed upon or in connexion with
any premises, the smoke, air, chemical, coloured water or other test (not including a test
by water under pressure).
(2) If on the application of the test such drain or drains, soil-pipe or ventilating pipe, is
or are found to be defective, the local authority shall, by written notice served upon the
owner of such premises specifying generally the defect, require the said owner to do all
works necessary for remedying it within a reasonable time to be specified in the notice,
and if such owner fails to comply with the requirements of any notice served under this
Rule within the time specified he shall be guilty of an offence, and the local authority may,
if it thinks fit, after the expiration of the time specified in the notice, carry out the works
required, and may recover as a civil debt recoverable summarily the expenses incurred by
it in so doing from the owner.
(3) The owner and occupier of any premises shall give all reasonable facilities for the
application of any test as provided for in this rule, and any owner or occupier who fails to
do so shall be guilty of an offence.
13. Stoppages in drains
(1) Upon receipt of information as to a stoppage in any closed drain or drainage work
constructed upon or in connexion with any premises, the local authority may cause a
written notice of the stoppage as aforesaid to be served upon the owner of such premises
requiring him, forthwith, to cause the stoppage to be removed.
[Rev. 2012] CAP. 242
Public Health
[Subsidiary]
139 [Issue 1]
(2) If the said owner fails to comply forthwith with the requirements of any such notice
as aforesaid, or if such owner cannot immediately be found, the local authority may itself
cause the stoppage to be removed, and may recover as a civil debt recoverable
summarily the expenses incurred in so doing.
(3) Where two or more buildings owned by more than one owner are drained by a
combined system of drainage, the costs and expenses incidental to the removal of any
such stoppage as aforesaid shall be apportioned between the owners of such buildings in
the manner provided in rule 5:
Provided that where the stoppage takes place in a section of any drain used by one
occupier or owner only the costs and expenses incurred in its removal shall be borne by
the owner of the building served by such section.
14. Penalty for unauthorized building over sewers or under streets
Any person who, without the written consent of the local authority—
(a) causes any building newly to be erected over any sewer belonging to the
local authority; or
(b) causes any vault, arch or cellar newly to be constructed under the carriage-
way or foot-way of any street vested in the local authority,
shall be guilty of an offence, and the local authority may cause any building, vault, arch or
cellar constructed in contravention of the provisions of this rule to be altered, pulled down
or otherwise dealt with as it may think fit, and may recover as a civil debt recoverable
summarily any expenses incurred by it in so doing from the offender.
15. Injurious matters not to be passed into sewers
Any person who throws or suffers to be thrown, or passes into any sewer belonging to
the local authority or into any drain communicating therewith, any matter or substance by
which the free flow of the sewage or other liquid waste may be interfered with, or by which
any such sewer or drain may be injured, shall be guilty of an offence.
16. Power to prohibit the passing of solid matter, steam, chemical refuse, etc., into
sewers
(1) Where, in the opinion of the local authority, the introduction into any sewer
belonging to the local authority of any solid matter, suspended matter, mud, chemical or
manufacturing or trade or other refuse (inclusive of vapours or gaseous matters), or any
steam, condensing water, heated waters or other liquid (such water or other liquid being of
a higher temperature than one hundred and ten degrees of Fahrenheit), whether alone or
in combination with other matter or liquid, and whether directly or through any drain or
channel communicating with such sewer, either does or may cause a nuisance, or involve
danger to the health of persons entering the sewers, or others, or is or may be harmful to
the structure or materials of the sewers or other works of the local authority, or to the
ground used by the local authority, the local authority may by written notice served upon
the owner or occupier of any premises, absolutely prohibit from a date specified in such
notice, not being earlier than fourteen days from the date of service of such notice, any
such matter or matters as aforesaid being caused or permitted to fall, flow or enter, or to
be carried or washed, into any sewer belonging to the local authority either directly or
indirectly:
Provided that the local authority shall not be required to serve a notice upon the
same person more than once.
(2) Any person who fails to comply with the requirements of any such notice after
service thereof upon him shall be guilty of an offence.
CAP. 242 [Rev. 2012]
Public Health
[Subsidiary]
[Issue 1] 140
17. Brewery or manufacturing sewage
The local authority may, in its absolute discretion, refuse to admit into any sewer
belonging to the local authority any trade, brewery or manufacturing liquid waste, sewage
or effluent unless the same has been freed of the grosser objectionable matters, and then
only if the sewers in the vicinity belonging to the local authority are in the opinion of such
authority of sufficient capacity to convey the trade, brewery or manufacturing liquid waste,
sewage or effluent in addition to the ordinary domestic sewage flow of the areas served by
such sewers.
18. Power to make inspection chamber in manufacturing premises
The local authority shall, at its discretion, have power to construct, on any pipe or
channel conveying trade or manufacturing liquid waste, sewage or effluent to any sewer
belonging to the local authority, an inspection chamber, manhole, lamphole or other
similar opening, of such dimensions as it may think fit, on any premises from which the
liquid waste, sewage or effluent is derived, at the expense of the local authority without
payment of any compensation to the owner or occupier of such premises, and any duly
authorized officer of the local authority shall at all times have the right of access to such
chamber or other opening and may examine the character, gauge the flow and take
samples of the discharge from such premises.
19. Rain-water pipes not to communicate directly with a closed drain
No person shall construct or fix any rain-water pipe or trunk which may be provided in
connexion with any building for the purpose of conveying therefrom any water which may
fall on any roof or flat thereof so as to discharge directly into a closed drain, but shall
cause such rain-water pipe or trunk to be constructed or fixed so as to discharge directly
into the open air, into an open channel or over a properly trapped gulley, or into such gully
above the level of the water in the trap thereof:
Provided that this Rule shall not apply in any case where rainwater is intended to be
conveyed through a closed drain to any receptacle properly constructed and adapted for
the storage of such water and approved by the local authority.
20. Notice to be given of intention to make a sewer connexion
(1) The owner of any building who intends to cause any drain constructed or to be
constructed in connexion with such building to empty into a sewer belonging to the local
authority shall give at least three days’ notice in writing in the prescribed form to the local
authority of his intention to make a sewer connexion.
(2) So soon as the local authority is satisfied that the owner of the said building is
entitled to cause such drain to empty into the said sewer, and that the making of such
sewer connexion would not contravene any of the provisions of these Rules, the local
authority shall issue a written permit to such owner authorising the making of such sewer
connexion.
21. Sewer connexions not to be made without permission
(1) No person shall make any sewer connexion unless and until a written permit
authorizing the making of such sewer connexion has been issued by the local authority,
and no person shall make any sewer connexion otherwise than under the direction of and
in a manner to be approved of by the local authority.
(2) Any person making or attempting to make any sewer connexion in contravention of
the provisions of this Rule shall be guilty of an offence, and the local authority may close,
demolish or remove any sewer connexion made in contravention of the provisions of this
Rule, and may recover as a civil debt recoverable summarily from the person so offending
any expenses incurred by it in so doing.
[Rev. 2012] CAP. 242
Public Health
[Subsidiary]
141 [Issue 1]
22. Drainage works in streets and other public places
(1) Every person who carries out any drainage works in any street, sidewalk, sanitary
lane or other public place vested in the local authority shall, in the carrying out of such
works, comply with the following requirements—
(a) he shall not disturb the surface of any street, sidewalk, sanitary lane or
other public place vested in the local authority, without the previous consent
in writing of the local authority, nor otherwise than in accordance with such
conditions as it may determine;
(b) in any case where a sewer connexion is to be made, he shall cause such
sewer connexion to be made at such point in the sewer as may be indicated
by the local authority.
(2) Nothing contained in this rule shall be held to impose any liability whatsoever on
the local authority for any accident or damage to persons or property which may occur in
the carrying out of any such drainage works as aforesaid.
23. Local authority may arrange with owners to carry out private drainage works
It shall be lawful for the local authority to agree with any owner or occupier of any
premises that any drainage works which such owner or occupier desires or is required by
the local authority to construct shall be constructed by the local authority, and the cost of
constructing such drainage works shall be repaid by such owner or occupier to the local
authority, and in default of payment the local authority may recover the cost as a civil debt
recoverable summarily.
24. Owner outside district may arrange with local authority to connect to sewer
The owner of any premises without the district of the local authority may, with the
consent of the local authority and subject to the provisions of these Rules, cause any drain
constructed upon or in connexion with such premises to empty into any sewer belonging
to the local authority upon such terms and conditions as may be agreed upon between
such owner or occupier and the local authority:
Provided that no person shall cause any such drain to empty into any such sewer
until such terms and conditions have been agreed upon.
25. Charges to cover supervision, etc.
In all cases where, in accordance with these Rules, any work is carried out by the local
authority in respect of which the said authority is entitled to recover the cost from any
person under these Rules, there may be included in the cost so claimed and recoverable
such sum as the local authority shall determine to cover the cost of surveys, plans,
specifications, quantities, supervision and the use of tools and plant, and there shall also
be included in such cost any expenditure or labour involved in disturbing, making good
and remaking any made road, street or footway or ground affected.
26. Tins, bottles, etc., not to be allowed to enter drains
No occupier of any premises shall throw or introduce or allow others on the said
premises to throw or introduce into any cess-pool, drain, waste-pipe, soil-pipe or soil-water
fitting, constructed in connexion with such premises, any tins, bottles, refuse or other
matter liable to choke the same.
27. Traps, gullies and ventilation pipes to be kept free from obstruction
(1) The owner or occupier of any premises shall maintain all openings, whether for
ventilation or otherwise, to any drain, and also all traps, gullies and other drainage fittings,
on his premises in good order and proper repair and in a reasonably clean condition and
free from obstruction.
CAP. 242 [Rev. 2012]
Public Health
[Subsidiary]
[Issue 1] 142
(2) Any owner or occupier who fails to comply with the provisions of this Rule shall be
guilty of an offence.
Construction of Drains
28. Excavation for and laying of drains
Every person who constructs any drain in connexion with a building shall lay such
drain and carry out any excavation necessary for the construction of such drain in the
following manner—
(a) he shall cause the ground to be excavated to the required depth with all
possible expedition and to be done in a workmanlike manner;
(b) he shall cause to be erected and maintained during the progress of the work
all such fences, hoardings, struttings, shorings and lights (kept lighted
throughout the night) as may be necessary to or in consequence of any of
the works for the protection of the public or workmen or of any buildings or
property whatsoever near to or liable to be affected by the work;
(c) he shall cause any excavation to be commenced at the outfall end of each
drain and continued in straight sections, the bottom of the trench to be
accurately cut to the proper gradient for receiving the pipes, and the trench
to be made of sufficient width to afford room for the proper laying, bedding
and jointing of the pipes;
(d) he shall cause the laying of the pipes to be carefully performed and each
pipe to be laid to a true gradient and in such manner that the body of the
pipe shall have a firm bearing throughout its whole length and not upon the
socket only;
(e) he shall cause any excavation to be filled in with earth well rammed in six-
inch layers, fine material free from stones being packed round the pipes,
and the surface at ground level being made good to the satisfaction of the
local authority.
29. Requirements for construction of closed drains
Every person who constructs any closed drain in connexion with a building, other than
a drain constructed for the drainage of the subsoil of the site of such building or a drain
constructed for the drainage of storm-water only or water from any water supply fitting
only, shall, in the construction of such drain, comply with the following requirements—
(a) he shall cause such drain to be constructed of good sound cylindrical pipes
made of glazed stoneware or of heavy cast iron, or of other equally suitable
material which has been approved of by the local authority;
(b) he shall cause such drain to be of adequate size, to have an internal
diameter of not less than four inches and to be laid with a proper fall, and
with water-tight, socketed or other approved suitable joints;
(c) he shall, if such drain is constructed of stoneware pipes, if so required by
the local authority, cause such drain to be laid on an adequate and efficient
bed of good cement concrete at least three inches in thickness, or, if such
drain is constructed of approved metal pipes, he shall, if so required by the
local authority, cause such drain to be supported upon a sufficient number
of suitable piers constructed of good cement concrete:
Provided that where any such drain as aforesaid is to be laid on made or bad
ground, and where in the opinion of the local authority such a precaution is necessary, he
shall cause such drain to be laid on a bed of good cement concrete not less than six
inches in thickness and projecting on each side of the drain to an extent at least equal to
the external diameter of such drain, and shall cause good cement concrete to be filled in
[Rev. 2012] CAP. 242
Public Health
[Subsidiary]
143 [Issue 1]
so that it extends to the full width of the cement concrete bed already prescribed and so
that such drain is embedded to the extent of not less than half its diameter.
30. Requirements for construction of drains
(1) Gradient of drains.—Every person who constructs any such drain as is described
in rule 29 shall cause such drain to be laid with a proper and sufficient gradient:
Provided that—
(i) wherever practicable, he shall cause such drain to be laid with the following
minimum gradients—
(a) drains of 4 inches internal diameter—1 in 40;
(b) drains of 5 inches internal diameter—1 in 50;
(c) drains of 6 inches internal diameter—1 in 60;
(ii) wherever the foregoing minimum gradient of a drain is found to be
impracticable, the local authority may, if it considers such a precaution
necessary, require that special flushing tanks and inspection chambers shall
be provided to such drain.
(2) Jointing of cast-iron drain pipes.—If he constructs any such drain of cast-iron pipes
jointed with socket joints, such joints shall be not less than 2½ inches in depth, and shall
be made with tarred spun yarn and molten lead or lead wool properly caulked, and the
annular space for the lead, in the case of four-inch pipes, shall not be less than ¼ inch in
width and, in the case of five-inch and six-inch pipes, shall not be less than ⅜ inch in
width; and if such drain is jointed with flange joints he shall cause such joints to be
securely bolted together and some suitable insertion for jointing placed between the
flanges.
(3) Jointing of stoneware drain pipes.—If he constructs any such drain or stoneware
pipes, or pipes of material other than metal, such pipes shall be jointed with socket joints
properly put together with cement mortar (1 of sand to 2 of cement), a few turns of spun
yarn dipped in cement grout being first put round the end of the spigot, to ensure it being
concentric with the socket and tightly caulked in, or an approved composition joint may be
used.
(4) Invert of drain to be kept clear of obstruction.—He shall cause proper and efficient
means to be employed for keeping the invert of every such drain clear of cement or other
matter in the laying and jointing of pipes, and shall also cause every such drain to be so
laid that a badger, of one-quarter of an inch less diameter than the internal diameter of the
drain, passes freely through the said drain, and so that a fibrous mop of half the internal
diameter of the drain passes freely through such drain.
(5) Drains to be so constructed as to be watertight.—He shall cause every such drain
to be so constructed as to be watertight and to be capable of resisting a pressure of at
least two feet head of water; and for the purpose of applying such pressure he shall cause
all openings to be plugged, and he shall also ascertain the locality of any leaks or defects
which may be found to exist on the application of such pressure by the medical officer of
health or a sanitary inspector or other duly authorized officer, and shall cause any such
leaks or defects to be effectively repaired and made good so as to render such drain
watertight and capable of resisting such pressure as aforesaid.
(6) Sizes and weights of cast-iron drain pipes.—If he constructs any such drain of
cast-iron, only cast-iron pipes of good quality free from imperfections and well coated
internally and externally with Dr. Angus Smith’s or other approved rust preventative
CAP. 242 [Rev. 2012]
Public Health
[Subsidiary]
[Issue 1] 144
composition shall be used, and the weight of such cast-iron pipes in proportion to the
diameter shall not be less in any case than the following—
Internal
diameter
Thickness
of metal
Weight per 9 ft.
length
(including socket
and spigot)
in. in. lb.
4 ⅜ 160
5 ⅜ 190
6 ⅜ 230
(7) Size and thickness of stoneware drain pipes.—If he constructs any such drain of
stoneware, only the best glazed socketed stoneware pipes which are truly cylindrical in
section straight in shape and free from cracks or other imperfections shall be used, and
the thickness of the pipes, the depth of the sockets and the annular space for the cement
in proportion to the diameter shall not be less in any case than the following—
Internal
diameter
Thickness
of pipe
Depth of
socket
Annular space for
the cement
in. in. in. in.
4 ½ 1¾ 5/16
5 9/16 2 5/16
6 ⅝ 2 5/16
9 ¾ 2 7/16
(8) Joints of drains not to be built into walls or foundations.—He shall not construct
any such drain so that any joint of such drain is built into any wall or foundation, except in
any case where any other mode of construction is impracticable.
(9) (a) Drains in or under buildings.—He shall not construct any such drain inside or
so as to pass under a building, except in any case where any other mode construction is
impracticable.
(b) If he constructs any such drain so as to pass under a building he shall cause
such drain to be so laid in the ground that there is a distance equal at the least to the full
diameter thereof between the top of such drain at its highest point and the surface of the
ground under such building, and he shall cause such drain to be completely embedded in
and covered with good and solid cement concrete at least six inches thick all round:
Provided that, in any case where such drain is constructed of iron or other approved
metal pipes, he may cause such drain to be carried above ground and to be supported
upon a sufficient number of suitable piers constructed of iron or good cement concrete.
(c) He shall also cause any such drain to be laid in a direct line for the whole
distance beneath such building, and adequate means of access to be provided by means
of approved inspection chambers situated outside such building or, in the case of iron or
other approved metal pipes carried above ground, by means of approved inspection eyes
situated outside such building to be provided at each end of such portion thereof as is
beneath such building, and efficient ventilation of such drain by means of approved
ventilating shafts to be provided.
(10) Composition of concrete.—He shall cause all concrete used in connexion with the
laying and constructing of any such drain to be composed of clean gravel, hard brick
broken small or other suitable ballast, well mixed with good clean sand, and free from
earth, and Portland cement in the proportion of three parts of sand, one part of cement
and six parts of other material.
[Rev. 2012] CAP. 242
Public Health
[Subsidiary]
145 [Issue 1]
(11) Protection of drains under walls.—In every case where any such drain is laid
beneath a wall, he shall cause such drain to be protected at the part beneath the wall by
means of an arch, lintel or suitable metal support of sufficient size and strength to prevent
any disturbance or other injury to such drain, and constructed at least two inches clear
above the drain.
31. Inlets to drains to be trapped
(1) Every person who constructs any such drain as is described in rule 29 shall cause
every inlet to such drain, not being an inlet provided in pursuance of the rule in that behalf
as an opening for the ventilation of such drain, to be properly trapped by an efficient trap
so constructed as to be capable of maintaining a sufficient water seal.
(2) He shall not construct or fix in or in connexion with any such drain any trap of the
kind known as a bell-trap, a dip-trap, a D-trap or a U-trap or a running trap or any such
trap as becomes unsealed on the removal of the cover, or any trap of a type which has not
been approved by the local authority.
32. No right-angled junctions to be made
(1) No person who constructs any drain in connexion with a building shall construct
the several drains of such building in such a manner as to form in such drains any right-
angled junction either vertical or horizontal.
(2) He shall cause every branch drain or tributary drain to join another drain obliquely
in the direction of the flow of such drain, and as near as practicable to the invert thereof.
(3) He shall cause all bends and turnings to be truly curved, and when directly
reducing or enlarging the size of any drain he shall cause such alteration to be properly
tapered and to be of good shape.
(4) He shall also, so far as may be practicable, cause every such drain to be laid in a
direct line or in a series of direct lines.
33. Drains to be trapped from cesspools and septic tanks, etc.
(1) Every person who constructs any drain in connexion with a building shall, where
such drain communicates with a septic tank, cesspool or other like receptacle for
drainage, not being a sewer belonging to the local authority, if so required by the local
authority, cause to be provided and fixed in such drain a suitable and efficient intercepting
trap at a point as distant as may be practicable from such building and as near as may be
practicable to the point at which such drain may be connected with such septic tank,
cesspool or other like receptacle for drainage.
(2) He shall cause such intercepting trap to be of an approved pattern of good glazed
stoneware or of iron coated with approved material, to have the trap bend contracted in
size so as to be half an inch less than that of the pipe which discharges into it, to be
provided with a drop of not less than two inches from the invert of the drain to the surface
of the water seal, to have a water seal of not less than two inches in depth and to be fixed
truly level in a bed of good cement concrete.
34. Drains not to be trapped from sewers
No person shall provide or fix an intercepting trap in any drain which communicates
directly with a sewer belonging to the local authority.
35. Provision of inspection chambers on drains
Every person who constructs any closed drain in connexion with a building shall cause
adequate and efficient inspection chambers to be provided in the following positions and
manner—
(a) he shall, unless specially exempted by the local authority, cause an
inspection chamber to be provided at every point in such drain where two or
more drains converge;
CAP. 242 [Rev. 2012]
Public Health
[Subsidiary]
[Issue 1] 146
(b) he shall cause an inspection chamber to be provided at every point in any
such drain where there occurs any angle, bend or deviation from a direct
alignment;
(c) he shall cause access to be provided by means of inspection chambers to
every such drain in such manner that no part of any such drain is more than
thirty feet distant in the length of such drain from an inspection chamber;
(d) where any such drain communicates directly with a sewer belonging to the
local authority, he shall cause an inspection chamber to be provided to such
drain on the plot on which such building stands but, wherever practicable,
within four feet of the boundary of the said plot over which the drain is or is
to be constructed:
Provided that he may with the consent in writing of the local authority and
subject to such conditions as it may prescribe, but not otherwise, cause
such inspection chamber as aforesaid to be constructed on a street or
sidewalk;
(e) he shall cause an inspection chamber to be provided at any point where an
intercepting trap is fixed in such drain;
(f) he shall cause every inspection chamber to be of such internal dimensions
as the local authority requires:
Provided that no inspection chamber shall be less than two feet in length
where the depth of the half channel invert from the surface of the ground
adjoining such chamber is greater than eighteen inches;
(g) he shall cause every inspection chamber to be constructed of not less than
nine inches brickwork or stonework built in cement, or of good cement
concrete not less than four inches in thickness, to be so constructed as to
be watertight up to the level of the adjoining ground surface, and to be
rendered with cement plaster at least one half inch in thickness and
furnished with a smooth surface;
(h) he shall cause every inspection chamber to be fitted with a strong movable
air-tight cast-iron manhole cover of adequate size and approved design and
construction, fixed not lower than the surface of the adjoining ground;
(i) he shall cause the sides of the channels in every inspection chamber to be
brought up vertically to a height not less than the diameter of the drains, and
shall cause benching, constructed of good cement concrete, to be provided,
such benching to be sloped off from the tops of the channels at an angle of
thirty degrees from the horizontal and finished with a smooth cement
surface.
36. Ventilation of drains
Every person who constructs any closed drain in connexion with a building shall, for
the purpose of securing efficient ventilation of such drain, comply with the following
requirements—
(a) he shall provide at least one untrapped opening to such drain, which
opening shall be situated as far distant as may be practicable from the point
at which such drain communicates with a sewer, septic tank, cesspool or
other like receptacle for drainage with which such drain may lawfully
communicate, and shall also provide an untrapped opening at the upper
extremity of every branch drain which exceeds twenty feet in length and
which receives any soil-water or waste water; such untrapped opening shall
be obtained by carrying up a pipe or shaft, vertically, to such a height and in
such a position as to afford by means of the open end of such pipe or shaft
a safe outlet for foul air and so as effectually to prevent any escape of foul
air from such pipe or shaft into any building in the vicinity thereof, and in no
[Rev. 2012] CAP. 242
Public Health
[Subsidiary]
147 [Issue 1]
case to a less height than three feet above the eaves of any adjoining roof,
or to a less height than six feet above the top of any window, door or other
opening which is within a distance of twenty feet horizontally from such pipe
or shaft, or to a less height than ten feet above the adjoining ground level,
and such pipe or shaft, if unsupported for a length of more than five feet,
shall be properly stayed:
Provided that the soil-pipe of any water-closet, in every case where the
situation, sectional area, height and mode of construction of such soil-pipe
are in accordance with the requirements applicable to the pipe or shaft to be
carried up from such drain, may be deemed to provide the necessary
opening for ventilation which would otherwise be obtained by means of such
last-mentioned pipe or shaft;
(b) he shall cause any opening provided in accordance with the arrangements
hereinbefore specified to be furnished with a suitable grating or other cover
of approved pattern and material for the purpose of preventing any
obstruction in or injury to any pipe or drain by the introduction of any
substance through any such opening; and he shall, in every case, cause
such grating or cover to be so constructed and fitted as to secure the free
passage of air through such grating or cover by means of a sufficient
number of apertures, of which the aggregate extent shall be not less than
the sectional area of the pipe or drain to which such grating or cover may be
fitted;
(c) he shall not, except where unavoidable, cause any bend or angle to be
made in any pipe or shaft used in connexion with any of the arrangements
hereinbefore specified;
(d) he shall cause every pipe or shaft which may be used in connexion with any
of the arrangements hereinbefore specified to have an internal diameter of
not less than three-and-a-half inches;
(e) he shall cause every pipe or shaft used in connexion with any of the
arrangements hereinbefore specified to be constructed in the same manner
and of the same material and weight as if such pipe or shaft were a soil
pipe;
(f) in every case where any such drain communicates with a septic tank,
cesspool or other like receptacle for drainage, not being a sewer belonging
to the local authority, he shall provide a second opening, being not less than
twelve inches and not more than three feet above the level of the surface of
the ground adjoining such second opening, which shall communicate with
such drain by means of a suitable pipe or shaft situated, as far distant as
may be practicable from the first opening which has to be provided, in
pursuance of the rule in that behalf; and he shall also cause the point at
which such second opening communicates with the drain in every case to
be situated on that side of any intercepting trap which is the nearer to the
building;
(g) he shall cause every pipe or shaft which is constructed so as to provide any
such second opening as aforesaid to be constructed in the same manner
and of the same material and weight as if such pipe or shaft were a soil-
pipe, and to have an internal diameter of not less than three and a half
inches, and to be provided with an approved inlet valve at the point at which
it opens upon the external air.
37. No inlets to drains within buildings
No person shall construct any closed drain in connexion with a building in such a
manner that there is within such building any inlet to such drain, except such inlet as may
be necessary from the apparatus of any water-closet or soil-water fitting.
CAP. 242 [Rev. 2012]
Public Health
[Subsidiary]
[Issue 1] 148
Soil-Pipes
38. Requirements for soil-pipes
Every person who provides a soil-pipe in connexion with a building shall, in the
providing and fixing of such soil-pipe, comply with the following requirements—
Position of soil-pipes
(a) he shall not, except with the written permission of the local authority and
then only on such conditions as it may prescribe, cause or permit any such
soil-pipe to be fixed inside any building;
Material of soil-pipes
(b) he shall construct such soil-pipe either in drawn lead or heavy cast-iron or
other equally suitable material which has been approved of by the local
authority;
Size, weight and thickness of soil-pipes
(c) he shall construct such soil-pipe so that its weight, if the pipe is of lead, and
that its thickness and weight, if the pipe is of iron, in proportion to its length
and internal diameter, is as follows—
LEAD CAST IRON
Diameter Weight per ten feet
length, not less than—
Thickness of metal, not
less than—
Weight per 6 feet length
(including socket and
beaded spigot or flanges,
the socket not to be less
than ¼ inch thick) not less
than—
in. lb. in. lb.
3 ½ 65 3/16 48
4 74 3/16 54
Jointing of soil-pipes
(d) if he constructs such soil-pipe in drawn lead he shall cause such soil-pipe to
be constructed with proper wiped plumbers’ joints;
Mode of jointing
(e) if he constructs such soil-pipe of cast-iron with socket joints, he shall cause
such joints to be not less than 2½ inches in depth and to be made with
tarred spun yarn and molten lead or lead wool properly caulked, and he
shall also cause the annular space for the lead, in the case of 3½-inch and
4-inch pipes, to be not less than ¼ inch in width; and if he constructs such
soil-pipe with flanged joints he shall cause such joints to be securely bolted
together and some suitable insertion for jointing placed between the
flanges;
Soil-pipes not to be connected with waste-pipes or rain-water pipes
(f) he constructs such soil-pipe so that it is not connected with any rain-water
pipe or with any waste-pipe or waste-water fitting, and so that there is not
any trap in such soil-pipe or between the soil-pipe and any drain with which
it is connected;
Access for inspection to be provided at foot of soil-pipes
(g) he shall construct such soil-pipe so that the bend to which it may be
connected at the foot shall rest in a solid foundation of good cement
concrete and, unless an inspection chamber is provided to the drain to
[Rev. 2012] CAP. 242
Public Health
[Subsidiary]
149 [Issue 1]
which such soil-pipe is connected within a distance of six feet from the foot
of such soil-pipe, so that the bottom length of such soil-pipe, is provided
with an adequate opening, fitted with screw doors and fastenings, for the
purpose of access and inspection;
Size of soil-pipes
(h) he shall cause such soil-pipe to be circular and to have an internal diameter
of not less than 3½ inches, and to be continued up without diminution of its
diameter and (except where unavoidable) without any bend or angle being
formed in such soil-pipe, to such a height and in such a position as to afford
by means of the open end of such soil-pipe a safe outlet for foul air and so
as effectually to prevent any escape of foul air from such soil-pipe into any
building in the vicinity thereof, and in no case to a less height than three feet
above the eaves of any adjoining roof, or to a less height than six feet
above the top of any window, door or other opening which is within a
distance of twenty feet horizontally from such pipe or shaft or to a less
height than ten feet above the adjoining ground level, and, if unsupported
for a length of more than five feet, to be properly stayed; and he shall also
cause the open end of such soil-pipe to be furnished with a suitable grating
or other cover of approved pattern and material for the purpose of
preventing any obstruction in or injury to such soil-pipe by the introduction of
any substance through such open end, and he shall in every case cause
such grating or cover to be constructed and fitted so as to secure the free
passage of air through such grating or cover by means of a sufficient
number of apertures, of which the aggregate extent shall be not less than
the sectional area of the soil-pipe to which such grating or cover may be
fitted;
No right-angled junctions
(i) he shall not cause or permit any right-angled junctions to be made in such
soil-pipe, but shall cause every branch soil-pipe to join another soil-pipe
obliquely in the direction of the flow of such soil-pipe, and shall cause all
bends and turnings to be truly curved;
Inspection eyes to be provided at all bends and junctions
(j) he shall cause suitable provision for the purpose of access and inspection
to be provided to such soil-pipe, by means of an adequate opening with
screw doors and fastenings or with a screwed metallic cap or plug at every
junction or change of direction or gradient in such soil-pipe:
Provided that, where adequate means for through rodding has been
provided in any straight section of such soil-pipe by means of adequate
openings at the opposite ends of such section, the said provisions for
access and inspection may be omitted in the case of any junction in such
straight section as aforesaid;
Weights of branch soil-pipes
(k) he shall cause the weight of all branch soil-pipes leading from any soil-water
fitting to a soil-pipe or drain, if of lead, to be not less than 7 lb. per foot of
lead.
39. Anti-syphonage pipes to soil-pipes
(1) Any person who fixes any soil-water fitting, the soil-pipe of which is connected with
any soil-pipe receiving the discharge from any other soil-water fitting, shall cause the trap
of every such soil-water fitting to be ventilated into the external air at a point as high as the
top and open end of the soil-pipe, or into the soil-pipe at a point above the highest soil-
water fitting connected with such soil-pipe, and so that the ventilating pipe shall have in all
CAP. 242 [Rev. 2012]
Public Health
[Subsidiary]
[Issue 1] 150
parts an internal diameter of not less than two inches, and if more than fifty feet in length
not less than three inches in diameter, and if more than eighty feet in length not less than
four inches in diameter, and shall cause such ventilating pipe to be connected with the
arm of the soil-pipe or the trap of the soil-water fitting at an approved point not less than
three inches and not more than twelve inches from the highest part of the trap and on that
side of the water seal which is nearer to the soil-pipe.
(2) He shall cause the joint between the ventilating pipe and the arm of the soil-pipe or
the trap to be made in the direction of the flow.
(3) He shall construct such ventilating pipe in drawn lead or of heavy cast-iron or other
equally suitable material which has been approved of by the local authority.
(4) He shall construct such ventilating pipe so that if the pipe is of lead its weight shall
not be less than the weights specified for soil-pipes in paragraph (k) of rule 38, and if the
pipe is of cast-iron its thickness shall not be less than 3/16 inch.
(5) He shall in all cases cause the joints in and the connexion to such ventilating pipe
to be made in the same manner as if such ventilating pipe were a soil-pipe.
(6) Notwithstanding the foregoing provisions of this rule—
(a) where not more than two soil-water fittings are connected to an efficiently
ventilated vertical soil-pipe by means of branch soil-pipes not exceeding
four feet in length and meeting the vertical soil-pipe at an angle of not more
than fifteen degrees with the horizontal, it shall not be necessary to ventilate
the traps of such soil-water fittings.
(b) where three or more soil-water fittings are connected to an efficiently
ventilated vertical soil-pipe by means of a branch soil-pipe the end of which
is carried up above the eaves of the roof in the same manner as specified
for soil-pipes in paragraph (h) of rule 38 and such other additional
ventilating pipes or shafts as may be necessary are provided and carried up
as aforesaid, and which is or are in the opinion of the local authority
sufficient for the purpose of maintaining the seal in the traps of the soil-
water fittings connected to such branch soil-pipe, it shall not be necessary
to provide anti-syphonage pipes as specified in this rule.
40. Connexion of lead pipe with an iron pipe
Any person who connects a lead soil-pipe, waste-pipe, ventilating pipe or trap with an
iron pipe or drain shall insert between such lead soil-pipe, waste-pipe, ventilating pipe or
trap and such iron pipe or drain a flanged thimble of copper, brass or other suitable alloy,
which shall be not less than 1/8 inch in thickness and six inches in length, so that the lead
soil-pipe or trap projects slightly beyond the thimble, such projection being turned over the
thimble to protect the thimble from any contact with the contents of the pipe or drain, and
shall connect such lead soil-pipe, waste-pipe, ventilating pipe or trap with such thimble by
means of a wiped or over-cast metallic joint, and shall connect such thimble with such iron
or drain by means of a joint made with molten lead properly caulked in the manner
prescribed by paragraph (2) of rule 30:
Provided that it shall be sufficient if he connects the lead soil-pipe, waste-pipe,
ventilating pipe or trap with the iron pipe or drain in an equally suitable and efficient
manner, to be approved by the local authority.
41. Connexion of stoneware pipe with a lead pipe
Any person who connects stoneware or semi-vitrified ware trap or pipe with a lead soil-
pipe, waste-pipe, ventilating pipe or trap shall insert between such stoneware or semi-
vitrified ware trap or pipe and such lead soil-pipe, waste-pipe, ventilating pipe or trap a
socket of copper, brass or other suitable alloy, and shall insert such stoneware or semi-
vitrified ware trap or pipe into such socket, making the joint with Portland cement, in the
[Rev. 2012] CAP. 242
Public Health
[Subsidiary]
151 [Issue 1]
manner prescribed by paragraph (3) of rule 30, and shall connect such socket with the
lead soil-pipe, waste-pipe, ventilating pipe or trap, by means of a wiped or overcast
metallic joint:
Provided that it shall be sufficient if he connects the stoneware or semi-vitrified ware
trap or pipe with the lead soil-pipe, waste-pipe, ventilating pipe or trap in an equally
suitable and efficient manner, to be approved by the local authority.
42. Connexion of lead pipe with a stoneware pipe
Any person who connects a lead soil-pipe, waste-pipe, ventilating pipe or trap with a
stoneware or semi-vitrified ware pipe or drain shall insert between such lead soil-pipe,
waste-pipe, ventilating pipe or trap and such stoneware or semi-vitrified ware pipe or drain
a flanged thimble of copper, brass or other suitable alloy, so that the lead soil-pipe or trap
projects slightly beyond the thimble, such projection being turned over the thimble to
protect the thimble from any contact with the contents of the pipe or drain, and shall
connect such lead soil-pipe, waste-pipe, ventilating pipe or trap with such thimble by
means of a wiped or overcast metallic joint, and shall insert the flanged end of such
thimble into a socket in such stoneware or semi-vitrified ware pipe or drain, making the
joint with Portland cement, in the manner prescribed by paragraph (3) of rule 30:
Provided that it shall be sufficient if he connects the lead soil-pipe, waste-pipe,
ventilating pipe or trap with the stoneware or semi-vitrified ware pipe or drain in an equally
suitable and efficient manner, to be approved by the local authority.
43. Connexion of iron pipe with stoneware pipe
Any person who connects an iron soil-pipe, waste-pipe, ventilating pipe or trap with a
stoneware or semi-vitrified ware pipe or drain shall insert the beaded spigot end of such
iron soil-pipe, waste-pipe, ventilating pipe or trap into a socket on such stoneware or semi-
vitrified ware pipe or drain, making the joint with Portland cement, in the manner
prescribed by paragraph (3) of rule 30:
Provided that it shall be sufficient if he connects the iron soil-pipe, waste-pipe,
ventilating pipe or trap with the stoneware or semi-vitrified ware pipe or drain in an equally
suitable and efficient manner, to be approved by the local authority.
44. Connexion of stoneware pipe, with an iron pipe
Every person who connects a stoneware or semi-vitrified ware trap or pipe with an iron
soil-pipe, waste-pipe, trap or drain shall insert such stoneware or semi-vitrified ware trap
or pipe into a socket on such iron soil-pipe, waste-pipe, trap or drain, making the joint with
Portland cement, in the manner prescribed by paragraph (3) of rule 30:
Provided that it shall be sufficient if he connects the stoneware or semi-vitrified ware
trap or pipe with the iron soil-pipe, waste-pipe trap or drain in an equally suitable and
efficient manner, to be approved by the local authority.
Waste-Pipes and Waste-Water Fittings
45. Requirements for waste-pipes and waste-water fittings
Every person who provides a waste-pipe or a waste-water fitting in connexion with a
building shall, in the providing and fixing of such waste-pipe and such waste-water fitting,
comply with the following requirements—
Materials for waste-pipes
(a) he shall construct such waste-pipe of either lead, steel, cast-iron or wrought
iron, and shall not in any case construct such waste-pipe of either
galvanised sheet iron or zinc;
CAP. 242 [Rev. 2012]
Public Health
[Subsidiary]
[Issue 1] 152
Waste-pipes to be trapped
(b) he shall cause such waste-pipe to be properly trapped, at a point as near as
may be practicable to the point at which such waste-pipe is attached to any
waste-water fitting, by means of an efficient syphon trap:
Provided that a waste-pipe which does not exceed three feet in length and
which receives the discharge from one waste-water fitting only may be fixed
without a trap;
Traps for waste-pipes
(c) he shall cause every trap fixed in connexion with such waste-pipe to be
constructed of either lead, brass, gun-metal or iron, and to be of an
approved pattern, and to be provided on the side or underside with a
screwed movable plug; and he shall cause every such trap to be fixed in
such manner that the whole of the trap is easily accessible, and to be
provided with a water seal at least 2 inches in depth:
Provided that a trap fixed in connexion with a waste-pipe receiving the
discharge from a bath only may be provided with a water seal 1 ½ inches in
depth;
Provision as to trap
(d) he shall not fix in connexion with such waste-pipe any trap of the kind
known as a bell-trap, a dip-trap, a D-trap or a U-trap or running trap, or any
such trap as becomes unsealed on the removal of the cover; and he shall
cause every trap fixed in connexion with such waste-pipe to be of the same
internal diameter as the waste-pipe to which it is connected;
Iron waste-pipes
(e) if he constructs such waste-pipe of iron, he shall cause such waste-pipe to
be constructed either of cast-iron not less than 3/16 inch in thickness or of
wrought iron not less than ⅛ inch in thickness;
Fixing and weight of lead waste-pipes
(f) if he constructs such waste-pipe of lead, he shall cause such waste-pipe to
be fixed by means of proper lead tacks at not more than the following
distances apart—
(i) vertically—at 3 feet centres;
(ii) horizontally—at 2 feet 3 inches centres,
and every such waste-pipe, in proportion to its internal diameter, shall be of
the following minimum weight—
Internal diameter Per linear yard
1¼ inches ............................................................................. 7 lb.
1½ inches ............................................................................. 9 lb.
2 inches ................................................................................ 12 lb.
Waste-pipes to be fixed in accessible positions
(g) he shall cause such waste-pipe, wherever practicable, to be fixed above
floors, and, in any case where such waste-pipe is fixed below any floor, he
shall provide adequate and satisfactory means of access to such pipe for
the purpose of inspection and cleansing;
Disconnexion of waste-pipes
(h) he shall cause every such waste-pipe to be taken through an external wall
of such building at the nearest practicable point and so constructed and
[Rev. 2012] CAP. 242
Public Health
[Subsidiary]
153 [Issue 1]
fixed as to discharge in the open air, either separately or in conjunction with
a common waste-pipe receiving the discharge from two or more waste-
water fittings over an open channel communicating with or over a properly
trapped gully or into such gully above the level of the water in the trap
thereof:
Provided that, with the approval of the local authority and subject to such
conditions as it may impose with regard to the construction of a floor of
impervious materials, floor washings or a waste-pipe from a bath or a
lavatory basin may be permitted to discharge into an open channel
communicating with a trapped gulley inside a building where the waste
water from such trapped gully as aforesaid discharges by means of a proper
waste-pipe in the open air over a trapped gully in the manner already
provided for in this rule;
Sizes of waste-pipes
(i) he shall cause every such waste-pipe—
(i) from a sink, to have an internal diameter of not less than 1½ inches;
(ii) from a lavatory basin, to have an internal diameter of not less than
1¼ inches;
(iii) from a bath, to have an internal diameter of not less than 1½ inches;
(iv) which receives the discharge from two or more waste-water fittings,
to have an internal diameter of not less than 2 inches:
Provided that in the case of a common waste-pipe receiving the
discharge from lavatory basins only, and which lavatory basins do not
exceed four in number, such a common waste-pipe may be provided
with an internal diameter of not less than 1½ inches;
Fixing of waste-water fittings
(j) he shall cause every such waste-water fitting to be fixed as near as may be
practicable to an external wall of such building, and the outlet for waste-
water from such waste-water fitting shall be provided with a good and
efficient brass grate of approved type, well and securely fixed, the
aggregate extent of the apertures in which shall not be less than the
sectional area of the waste-pipe to which such waste-water fitting is fixed;
and he shall cause every such waste-water fitting to be constructed of
impervious materials having rounded corners or angles, and, if provided
with an overflow pipe, such overflow pipe shall be connected to the waste-
pipe receiving the discharge from such waste-water fitting on that side of the
water seal in the trap provided to such waste-pipe which is the nearer to the
waste-water fitting, and the upper end of such overflow pipe shall be so
arranged as to permit of the whole of the overflow being easily cleansed;
Anti-syphonage pipes for waste-pipes
(k) he shall cause every trap fixed in connexion with such waste-pipe to be
ventilated into the open air at a safe outlet for foul air by means of a pipe,
which shall be connected with the highest part of such trap and on that side
of the water seal which is nearer to the outgo, and which shall have in all
parts an internal diameter not less, in proportion to the internal diameter of
the trap which it ventilates, than the following—
Internal diameter of trap
Internal diameter of vent
pipe
1¼ inches ................................................................. 1 inch
1½ inches ................................................................. 1¼ inches
1¾ to 2 inches .......................................................... 1½ inches:
CAP. 242 [Rev. 2012]
Public Health
[Subsidiary]
[Issue 1] 154
Provided that—
(i) where not more than three waste-water fittings are connected to an
efficiently ventilated vertical waste-pipe the end of which is carried up
to a height of not less than twelve inches above the eaves of the roof,
by means of branch waste-pipes not exceeding twelve feet in length,
or, when four or more waste-water fittings are connected to such
ventilated vertical waste-pipe, by means of a branch waste-pipe the
end of which is carried up to a height of not less than twelve inches
above the eaves of the roof, and such additional ventilating pipes or
shafts as may be necessary are provided and carried up above the
eaves as aforesaid, and which are in the opinion of the local authority
sufficient for the purposes of preventing syphonic action from the
traps of the waste-water fittings, it shall be not necessary to ventilate
the traps as prescribed in this rule;
(ii) in the case of a waste-pipe not exceeding twelve feet in length and
which receives the discharge from one waste-water fitting only and
which is not connected with any other waste-pipe, it shall be not
necessary to ventilate the trap of the waste-water fitting;
Jointing of waste-pipes
(l) he shall cause the joints of every such waste-pipe, and the joints of every
ventilating pipe provided in connexion with any trap fixed to any such waste-
pipe to be made as follows—
(i) if such waste-pipe or ventilation pipe is constructed of lead or cast-
iron, the joints shall be made in the same manner as if such waste-
pipe or ventilation pipe were a soil-pipe;
(ii) if such waste-pipe or ventilation pipe is constructed of galvanized
wrought iron, the joints shall be made by the pipes being butted
closely together and secured by means of screwed joints and
couplings, the depth of the couplings being equal at the least to half
the diameter of such waste-pipe or ventilation pipe;
No right-angled junctions
(m) he shall not cause or permit any right-angled junctions to be made in such
waste-pipe, but shall cause every branch waste-pipe to join another waste-
pipe obliquely in the direction of the flow of such waste-pipe, and shall
cause all bends and turnings to be truly curved;
Separate system required for waste-pipes
(n) he shall cause every such waste-pipe and every ventilation pipe fixed in
connexion therewith to be kept entirely separate and distinct from any soil-
pipe or any ventilation pipe fixed in connexion with such soil-pipe.
46. Rain-water pipes not to be used for conveying soil-water or waste-water
No person shall cause any pipe used for the purpose of carrying off rain-water from the
roof of any building to be used for the purpose of carrying off soil-water or waste water, or
to be used as a ventilating pipe to any drain, soil-pipe or waste-pipe.
47. Overflow pipe not to be connected with any drain or ventilating pipe
No person shall cause any overflow pipe from any water supply cistern, flushing
cistern or water waste preventer, or from any safe under any soil-water fitting or waste-
water fitting, to be connected with any drain, soil-pipe, waste-pipe or ventilating pipe, but
shall cause such overflow pipe to discharge direct into the open air in a manner and in a
position to be approved of by the local authority.
[Rev. 2012] CAP. 242
Public Health
[Subsidiary]
155 [Issue 1]
Gully Traps
48. Gully traps
(1) Any person who provides and fixes a gully trap in connexion with the drainage of
any building shall cause such gully traps to be of good glazed stoneware, or other
approved material, and to be provided with a trap having a water seal of not less than 2½
inches in depth, and, except where otherwise required by the local authority to be of the
washout type with the bottom of the gully well rounded.
(2) He shall also cause every such gully trap to be fitted with a suitable grating with
open slots ½ inch wide, the aggregate area of which slots shall be equal to the sectional
area of the pipe or drain into which the gully trap discharges.
(3) He shall also cause such gully trap to be well and securely fixed in a bed of good
cement concrete.
Grease Traps
49. Grease traps
The local authority may, by written notice addressed to the owner of any hotel,
boarding-house, eating-house, restaurant or laundry, or of any factory, workshop or other
premises from which waste-water or sewage of a fatty or soapy character is or is to be
discharged into any drain or sewer, require such owner within a reasonable time, to be
specified in such notice, to provide and fix in connexion with the drainage of such
premises a proper and efficient grease trap of an approved pattern and constructed of
approved materials for the reception of all waste water from any kitchen or scullery
connected with such premises or any waste water or sewage of a fatty or soapy character
from such premises before such waste water or such sewage is discharged into the said
drain or sewer, and any such owner who fails to comply with the requirements of any such
notice, and that within the time specified, shall be guilty of an offence.
Water-Closets, Slop-Hoppers, Urinals, etc.
50. Water-closets
Every person who constructs a water-closet in connexion with a building shall, in the
construction of such water-closet, comply with the following requirements—
(a) he shall furnish such water-closet with a pan, basin or other suitable
receptacle of non-absorbent material, and of such shape, capacity and
mode of construction as to receive and contain a sufficient quantity of water,
and to allow all filth which may from time to time be deposited in such pan,
basin or receptacle to fall free of the sides thereof, and directly into the
water received and contained in such pan, basin or receptacle;
(b) he shall not construct or fix under such pan, basin or receptacle any
container or other similar fitting; and he shall not construct or fix in or in
connexion with the water-closet apparatus any trap of the kind known as a
D-trap;
(c) he shall cause every such water-closet, other than a water-closet of the kind
known as a trough-closet, to be of the wash-down type, to be self-cleansing
and to be provided with a trap having a water seal not less than 2 inches in
depth and, except in the case of an approved syphonic closet, the outlet of
the trap to be not less than 3½ inches or more than 4 inches internal
diameter; and he shall cause the pan and trap of such water-closet to be of
porcelain ware or well glazed stoneware, or the trap may be of strong case
lead;
CAP. 242 [Rev. 2012]
Public Health
[Subsidiary]
[Issue 1] 156
(d) he shall not fix or cause to be fixed any such water-closet, of the kind known
as a trough-closet, of a type which has not been tested by the local authority
and found, on testing, to be so designed and constructed as to secure the
complete clearing out of dejecta and paper according to the standard test
set out in the First Schedule to these Rules;
(e) if he constructs any water-closet of the kind known as a trough-closet, he
shall cause such water-closet to be provided with a trap having a water seal
not less than 2 inches in depth and the outlet to the trap to be not less than
3½ inches or more than 4 inches internal diameter, and he shall cause the
trough and trap to be of glazed stoneware or other suitable and impervious
material to be approved by the local authority:
Provided that no person shall construct a water-closet of the kind known as a
trough-closet except with the written permission of the local authority and subject to such
terms and conditions as it may prescribe.
51. Urinals
Every person who constructs a urinal shall, in the construction of such urinal, comply
with the following requirements—
(a) he shall cause such urinal to be constructed of smooth or glazed impervious
material, and to be fitted at floor level with a trap, which shall have a water
seal not less than 2 inches in depth, and the floor of such urinal to be
constructed of good cement concrete at least 4 inches in thickness or of
other approved impervious materials; and he shall also cause such floor,
whether the urinal be of the stall or the basin type, to be laid with a proper
fall towards such gully for a distance of at least 18 inches from the said gully
trap;
(b) if he constructs a urinal of the basin type, he shall cause the soil-pipe
connected to the basin of such urinal to discharge directly over such gully
trap, or into a proper smooth or glazed channel leading thereto;
(c) if he constructs a range of urinals, only one gully trap shall be provided to
such range, and communication between each urinal and gully trap shall be
provided by means of a smooth or glazed channel; and he shall also cause
the floor to be laid with a proper fall towards such channel for a distance of
at least 18 inches from the said channel;
(d) he shall cause every gully trap provided in connexion with such urinal to be
provided with a movable or hinged strong barred grate.
52. Slop-hoppers
Every person who constructs a slop-hopper in connexion with a building shall, in the
construction of such slop-hopper, comply with the following requirements—
(a) he shall cause such slop-hopper to be composed of porcelain ware, well
glazed stoneware or smooth enamelled cast-iron, and the outlet to be fitted
with a movable enamelled cast-iron grating with parallel slots of at least
one-half of an inch in width, such grating to be fixed just above the water
line of the trap of such slop-hopper, and the surface thereof shall not be less
than the outgo of the spigot of such slop-hopper;
(b) he may, if he so desires, provide a second grating to such slop-hopper to be
fitted above the aforesaid first grating; and, if he provides such a second
grating, he shall cause the width of the slots in such second grating to be
not less than one and a half inches in width, and such second grating shall
be hinged or movable;
[Rev. 2012] CAP. 242
Public Health
[Subsidiary]
157 [Issue 1]
(c) he shall not construct any such slop-hopper which is composed of two
pieces unless the junction of such two pieces is constructed above the
water line of the trap of such slop-hopper and the joint is of sufficient depth
and strength to secure its immobility;
(d) if he causes a housemaid’s sink to be attached to such slop-hopper, the
waste-pipe from such sink shall not exceed 2 feet in length, and shall be so
fixed as to discharge above the level of the water in the trap of such slop-
hopper;
(e) unless such slop-hopper is fixed on a floor of good cement concrete not less
than 4 inches in thickness, he shall cause such slop-hopper to be placed
upon a safe constructed in the same manner and of the same materials as if
the slop-hopper placed on such safe were a water-closet.
53. Traps and joints of soil-water fittings
Any person who constructs a soil-water fitting in connexion with a building shall, in the
construction of such soil-water fitting, comply with the following requirements—
(a) he shall cause such soil-water fitting to be provided with an efficient syphon
trap having a water seal at least 2 inches in depth;
(b) he shall, except in the case of an approved floor flange joint, cause the
junction of such trap with any soil-pipe to be above the level of the floor of
the apartment in which such soil-water fitting is fixed, and to be so situated
as to be readily accessible and exposed to view on all sides; and
notwithstanding anything contained in rules 40, 41, 42, 43 and 44 of these
Rules, he shall, when so required by the local authority, cause the joint
between the spigot of such trap and a soil-pipe to be made with bitumen or
other like material which is not liable to crack, and which will quickly set
hard and firm, but which is capable of removal by heating:
Provided that this Rule shall not apply in the case of a water-closet which is fixed in
the manner as described in subparagraph (ii) of paragraph (b) of rule 61 or in the case of
any joint or junction between a urinal and any gully trap connected therewith.
54. Requirements for construction of soil-water fittings
Any person who constructs any soil-water fitting in connexion with a building shall, in
the construction of such soil-water fitting, comply with the following requirements—
Separate water-flushing cistern and apparatus to be finished
(a) he shall furnish such soil-water fitting with an approved and separate water-
flushing cistern of adequate capacity, which shall be so constructed, fitted
and placed as to admit of a supply of water for use in such soil-water fitting
without any direct connexion between any service pipe upon such building
and any part of the apparatus of such soil-water fitting, other than such
water supply cistern; and he shall likewise furnish such soil-water fitting with
a suitable and approved apparatus for the effectual application of water to
any pan, basin or other receptacle with which such apparatus may be
connected and used, and for the effectual flushing and cleansing of such
pan, basin or other receptacle, and for the prompt and effectual removal
therefrom of any solid or liquid filth which may from time to time be
deposited therein;
Requirements as to cisterns
(b) he shall cause such water-flushing cistern to be fitted with a valveless
flushing syphon and a strong approved high pressure valve connected to
the water inlet, and shall also provide such cistern with an overflow pipe of
CAP. 242 [Rev. 2012]
Public Health
[Subsidiary]
[Issue 1] 158
drawn lead or galvanized wrought iron having an internal diameter of not
less than ¾ inch, which shall be carried through an external wall of such
building so as to discharge in the open air in an exposed position;
Capacity of water-flushing cisterns to water-closets
(c) he shall cause every such cistern provided in connexion with a water-closet
to have a capacity of at least 3 gallons:
Provided that in the case of any trough-closet such cistern shall have a
capacity of at least 5 gallons per seat of such trough-closet;
Capacity of water-flushing cisterns to urinals
(d) he shall cause every urinal or range of urinals fixed in any public place, or in
any hotel or other building which is not a private building, to be provided
with an automatic water-flushing cistern capable of discharging at least one
gallon of water per urinal for each two feet width of stand at intervals not
exceeding twenty minutes;
Materials for flushing pipes
(e) he shall cause the flushing pipe furnished to every such water-flushing
cistern to be either of drawn lead of the weights specified for waste-pipes, or
of copper, nickel or brass or of strong galvanized wrought iron, and to be
fixed vertically and properly connected to such cistern and the soil-water
fitting in an approved and workmanlike manner;
Size and length of flushing pipes to water-closets
(f) he shall, in the case of every flushing pipe of a water supply cistern
furnished to any water-closet, other than a trough-closet, cause the length
of the flush pipe, measured vertically from the discharge end to the bottom
of the water supply cistern, and the internal diameter of such pipe to be as
follows—
(i) for high level cisterns, 4 feet 6 inches or more in length, not less than
1¼ inches internal diameter;
(ii) for low level cisterns, 2 feet to 4 feet 6 inches in length, not less than
1½ inches internal diameter; 1 foot to 2 feet in length, not less than
1¼ inches internal diameter; flushing pipes under 1 foot in length, not
less than 2 inches internal diameter;
Size and length of flushing pipes to trough-closets
(g) he shall cause every water-flushing cistern provided to any trough-closet to
be fixed at such a level that the flushing pipe furnished to such cistern is not
less than 6 feet vertically in height, and has an internal diameter not less in
any case than the following—
(i) 1½ inches internal diameter, for cisterns with a capacity of less than
20 gallons;
(ii) 2 inches internal diameter, for cisterns with a capacity of 20 gallons to
30 gallons;
(iii) 2½ inches internal diameter, for cisterns with a capacity of more than
30 gallons;
Size and length of flushing pipes to urinals
(h) he shall cause the flushing pipe of any water-flushing cistern furnished to a
urinal to be fixed with such a length as to provide a vertical height of not
less than 3 feet between the discharge end of such pipe and the underside
of such water-flushing cistern, and to have an internal diameter of not less
than ¾ inch;
[Rev. 2012] CAP. 242
Public Health
[Subsidiary]
159 [Issue 1]
Materials to be used for water-flushing cisterns
(i) he shall cause every water-flushing cistern furnished in connexion with such
soil-water fitting to be constructed of such materials, in accordance with the
holding capacity of such cistern, as to comply with the following
requirements—
(i) water-flushing cisterns up to 3 gallons capacity shall be of strong
galvanized cast-iron or other material which has been approved of by
the local authority;
(ii) water-flushing cisterns over 3 gallons and up to 18 gallons capacity
may be constructed of galvanized sheet iron of No. 18 gauge;
(iii) water-flushing cisterns over 18 gallons capacity may be constructed
of galvanized sheet iron of No. 16 gauge:
Provided that every such cistern constructed of galvanised sheet iron shall be well
riveted and stayed together, and the joints made sound and watertight.
55. Automatic water-flushing cisterns not to be provided without permission
No person shall construct in connexion with a water-closet any automatic water-
flushing cistern, except with the written permission of the local authority and subject to
such terms and conditions as it may impose, and no such automatic water-flushing cistern
shall be of less holding capacity than 5 gallons.
56. Automatic water-flushing cisterns
Every person who constructs an automatic water-flushing cistern in connexion with a
urinal, and every person who, with the written permission of the local authority, constructs
an automatic water-flushing cistern in connexion with a water-closet, shall, in the
construction of such urinal or water-closet, and such automatic water-flushing cistern,
comply with the following requirements—
(a) he shall cause such urinal or range of urinals, or such water-closet, trough-
closet, or set of closets, to be erected in such a manner and in such a
position that the automatic water-flushing cistern and the stop cocks
connected thereto are easily accessible;
(b) he shall cause such cistern to be provided with two stop cocks, one of a
screw-down type for regulating, and the other for shutting off, the water
supply, and shall cause such cistern to be regulated in the supply of water,
and the water to be turned off at fixed hours, in accordance with any
instructions given by the local authority.
57. Water-closets to be kept provided with sufficient supply of water
The occupier of any premises on or for which any water-closet is for the time being
provided shall, in so far as he is able, cause such water-closet at all times to be properly
supplied with a sufficient quantity of water for the proper and efficient flushing thereof, and
where, by the act or default of such occupier, any such water-closet is at any time without
a proper and sufficient water supply as aforesaid such occupier shall be guilty of an
offence.
58. Position and enclosure of soil-water fittings
(1) Every person who constructs a soil water fitting in connexion with a building shall
construct such soil-water fitting in such a position that it is against or adjacent to an
external wall.
(2) He shall also cause every such soil-water fitting to be enclosed in a suitable
apartment constructed in such a manner and of such material as meet with the approval of
the local authority and, in the case of any water-closet, in accordance with paragraph (a)
of rule 61.
CAP. 242 [Rev. 2012]
Public Health
[Subsidiary]
[Issue 1] 160
(3) He shall not construct any such soil-water fitting or the apartment connected
therewith so that it is approached directly from any room used for the purpose of human
habitation, other than a bedroom, or used for the manufacture, preparation or storage of
food for man, or used as a factory, workshop, workplace or public building.
(4) He shall construct such soil-water fitting so that on any side on which it would
about on a room intended for human habitation, other than a bedroom, or used for the
manufacture, preparation or storage for food for man, or used as a factory, workshop,
workplace or public building, it is enclosed by a solid wall or partition of brick, stone,
concrete or other suitable materials, extending the entire height from the floor to the
ceiling.
59. Window and ventilation for soil-water fitting
(1) Every person who constructs a soil-water fitting in connexion with a building,
whether the situation of such soil-water fitting is or is not within or partly within such
building, shall construct in one of the walls of the apartment in which such soil-water fitting
is situated a window, the whole of which shall be made to open, of not less dimensions
than two square feet, exclusive of the frame, and opening directly upon the external air.
(2) Such apartment as aforesaid, in addition to such window shall also be provided
with adequate means of constant ventilation by at least one ventilating aperture, of not
less dimensions than 144 square inches, exclusive of any frame, built in an external wall
of such apartment.
60. Trough-closets to open to external air
Every person who, in connexion with a building, constructs any water-closet of the kind
known as a trough-closet shall construct such water-closet so that the entrance thereto
opens directly to the external air.
61. Conditions for construction of water-closets
Every person who constructs a water-closet in connexion with a building shall, in the
construction of such water-closet, comply with the following requirements—
(a) (i) he shall cause the apartment in which such water-closet is
constructed to be substantially built of brick, stone or cement concrete,
or of iron framed with iron or wood, and such apartment shall not be of
less size in any case than 5 feet by 3 feet inside measurements, and
not less than 6 feet 6 inches in height;
(ii) if such apartment is built of iron framed with iron or wood he shall
cause such apartment to have a brick wall at least 4½ inches in
thickness, or a stone wall at least 8 inches in thickness, or a cement
concrete wall at least 4 inches in thickness, built up at least 2 feet
above the level of the floor of the apartment and rendered with
cement plaster at least ¾ inch in thickness and finished with a
smooth surface;
(iii) he shall cause every such apartment as aforesaid to be provided with
proper doors and fastenings:
Provided that, in the case of a water-closet of the kind known as a
trough-closet, such doors and fastenings may with the written
consent of the local authority, be omitted;
(b) he shall cause such water-closet to be fixed in either of the following
manners but not otherwise—
(i) he shall—
(a) cause the whole of the pan and the trap of such water-closet to
be fixed entirely above the level of the floor of the apartment in
[Rev. 2012] CAP. 242
Public Health
[Subsidiary]
161 [Issue 1]
which such water-closet is constructed, and to be provided with
a seat of hardwood, hinged at the back, or some other suitable
type of seat which has been approved by the local authority;
(b) not cause or permit the pan of such water-closet to be
enclosed or cased round in any manner, but shall construct the
same in such a manner that the whole of the pan shall be fully
exposed to view;
(c) cause the floor of such apartment as aforesaid either to be
constructed of good cement concrete not less than 4 inches in
thickness or of other impervious materials to be approved by
the local authority, or in any case where the floor of such
apartment as aforesaid is constructed of wood or other
absorbent materials, shall when so required by the local
authority cause the pan of such water-closet to be placed upon
a safe, constructed of lead or of other suitable impervious
materials which have been approved by the local authority;
(d) cause such safe to be securely fixed and so constructed as to
be watertight, and shall provide the same with an overflow pipe
of drawn lead or galvanized wrought iron, having an internal
diameter of not less than ¾ inch which shall discharge direct
into the external air;
(ii) he shall cause the whole of the pan of such water-closet to be so
sunk below the level of the floor of the apartment in which such
water-closet is constructed that the upper face of the flushing rim of
such pan is at the level of the floor of the said apartment, and he shall
cause the whole of the pan and the trap of such water-closet to be
firmly embedded in good cement concrete at least 4 inches in
thickness; and he shall also cause the floor of the said apartment to
be constructed of good cement concrete at least 4 inches in
thickness, and to be so laid with a slope on all sides of the pan of
such water-closet that any liquid which may fall upon such floor will
flow into the pan of such water-closet.
Septic Tanks and Sewage Filter Installations, etc.
62. Requirements as to septic tanks, etc.
No person shall construct any septic tank, storage tank, sewage filter installation or
other works for the treatment, reception or disposal of sewage except with the written
permission of the local authority, and then only subject to the following conditions or such
other conditions as it may impose—
Distance from buildings and plot boundaries
(a) he shall not construct any such septic tank, storage tank, sewage filter
installation or other works for the treatment, reception or disposal of sewage
under any building nor, except with the consent of the local authority, within
40 feet of any building or any plot boundary, nor so that it has, by drain or
otherwise, any inlet for rain-water or other surface water or any outlet into or
means of communication with any sewer;
Situation and means of access
(b) he shall cause any such septic tank, storage tank, sewage filter installation
or other works for the treatment, reception or disposal of sewage to be
constructed in such a manner and in such a position as to afford ready
means of access thereto for the purpose of cleansing the same, and of
removing the contents thereof, and in such manner and in such a position
CAP. 242 [Rev. 2012]
Public Health
[Subsidiary]
[Issue 1] 162
as to admit of the contents thereof being removed therefrom and from the
premises to which such septic tank, sewage filter installation, or other works
for the treatment or disposal of sewage may belong, without being carried
through any building;
To be covered and ventilated
(c) he shall cause any such septic tank, storage tank, sewage filter installation
or other works for the treatment, reception or disposal of sewage to be
sufficiently covered over, to be adequately and efficiently ventilated and to
be so protected as to prevent any nuisance therefrom and so as to prevent
the breeding of mosquitoes in connexion therewith;
Disposal of effluents and filtrates
(d) he shall not commence the construction of any such septic tank, storage
tank, sewage filter installation or other works for the treatment, reception or
disposal of sewage until the local authority is satisfied that adequate and
satisfactory provision has been made for the periodic emptying and
cleansing of the same, or for the innocuous disposal of the effluent or filtrate
therefrom, as the case may be;
To be watertight
(e) he shall cause the walls, floors, and coverings of any septic tank, sewage
storage tank or effluent tank, and such parts of the walls of any enclosure
tank for the reception of filtering medium that may be necessary, to be
constructed of impervious materials and so as to be watertight.
Disposal of Sewage
63. Disposal of sewage
No person shall dispose of solid or liquid sewage or sewage effluent in such a manner
or in such a position as to cause or be likely to cause dampness in any building or part
thereof, or to endanger the purity of any water supply, or to create any nuisance:
Provided that nothing in this rule shall be deemed to prohibit the disposal of waste
water from baths, lavatory basins or kitchen sinks by a satisfactory method of surface
irrigation or sub-irrigation in such a manner that neither dampness of buildings, the
breeding of mosquitoes, the pollution of water supplies nor other form of nuisance is
caused thereby.
Deposit of Drainage Plans, Giving of Notices, etc.
64. Notice to be given and plans deposited of new drainage works
(1) Every person who intends to construct or to carry out any drainage works or works
connected in any way with the drainage of any premises shall deposit with the local
authority, at its offices, notice in writing of such intention; and he shall at the same time
deposit such plans, sections and particulars of the proposed works as may be required by
the local authority.
(2) He shall cause such plans and sections to be clearly and indelibly made on linen
to a scale of not less than 1 inch to every 16 feet, and shall, amongst other things, show
thereon every floor of any building in connexion with which such pipes or drains are to be
used, and the position, form, levels and arrangements of the several parts of such
building, including the roof thereof, and the size, gradient and position of every drain, and
the size, position and mode of construction of every septic tank, cesspool or other
receptacle for drainage, and every manhole or inspection chamber, and the size and
position of every gully, soil-pipe, waste-pipe, ventilating pipe and rain-water pipe, and of
[Rev. 2012] CAP. 242
Public Health
[Subsidiary]
163 [Issue 1]
any drain passing under such building, and the position of every bath, water-closet
apparatus, slop-hopper, slop-sink, urinal, lavatory basin or apparatus, sink and trap in
connexion with the foregoing.
(3) He shall also show thereon the position of all windows and other openings into the
building, within a distance of 20 feet from the open end of a soil-pipe or ventilating pipe.
(4) He shall at the same time deposit with the local authority, at its offices, a detailed
description in writing of the intended mode of constructing, jointing and fixing any such
drain, septic tank, cess-pool or other receptacle for drainage, manhole or inspection
chamber, gully, soil-pipe, waste-pipe, ventilating pipe, bath, water-closet apparatus, slop-
hopper, slop-sink, urinal, lavatory basin or apparatus, sink or trap.
(5) He shall at the same time deposit with the local authority, at its offices, a block
plan of the premises upon which any such building is or is to be situated, or any such work
is to be carried out, drawn to a scale of not less than 1 inch to every 16 feet, and he shall
show thereon—
(a) the block plan of such building;
(b) the position of the whole of the buildings on the premises, and so much of
the properties adjoining thereto as may be affected by the proposed work;
(c) the names of the streets or thoroughfares immediately adjoining the
premises, and the number or designation of the premises;
(d) the difference of the level between the lowest floor of such building and the
adjoining ground;
(e) the level of any yard, area or ground or open space belonging to such
premises;
(f) the lines of drainage, with the size, depth and inclination of the proposed
drainage, the fall of the ground and the depth of the connexion to any
sewer, septic tank, cesspool or other receptacle for drainage, and, so far as
can be ascertained without opening the ground, the lines, size, depth and
inclination of the existing drainage, the surface drains (if any) and the
arrangement for the ventilation of the drains, the existing pipes and drains
and the proposed pipes and drains, to be distinctly indicated by different
colours;
(g) the position, form and depth of every existing or proposed manhole or
inspection chamber, gully, junction, bend and intercepting trap, and any
connexion with a sewer, septic tank, cesspool or other receptacle for
drainage;
(h) the points of the compass:
Provided that, where the plans, sections and particulars deposited under paragraph (1)
clearly show the particulars herein before required to be shown on a block plan, it shall not be
necessary to deposit a block plan.
(6) The plans, sections, particulars and detailed description hereinbefore mentioned
shall be deposited with the local authority twenty-eight days at least before the work is
proposed to be commenced, and, in the case where a building is to be erected, before
commencing the erection of such building.
(7) Such person shall sign such plans, sections and particulars or cause the same to
be signed by his duly authorized agent.
65. Addition to, partial construction, reconstruction or alteration of existing
drainage works
Every person who makes any addition to, partially constructed entirely or partially
reconstructs or alter any such works as any described in rule 64 shall be deemed to have
CAP. 242 [Rev. 2012]
Public Health
[Subsidiary]
[Issue 1] 164
satisfied the provisions of that rule, if he causes a deposit to be made (in the manner
therein provided) of any such plans, sections and particulars of the proposed addition,
partial construction, entire or partial reconstruction or alteration as may be necessary for
the purpose of enabling the local authority to ascertain whether such addition, partial
construction, entire or partial reconstruction or alteration is in accordance with the
provisions of these Rules and any other regulations rules and by-laws of the local
authority relating thereto, and, in any case plants and sections have been previously
deposited in conformity with rule 64, it shall be sufficient for him to refer to such previous
deposit, and to give in writing the date thereof and to show the new work on the plans and
sections to be deposited and only so much of the existing work as will enable the local
authority to see the relative positions of the new and old work.
66. Copy of plans, etc., to belong to local authority
One copy of any plans, sections and particulars deposited in compliance with the
provisions of rules 64 and 65 shall remain the property of the local authority.
67. Approval of drainage plans
So soon as the local authority is satisfied that any such plans, sections or particulars
deposited in accordance with rules 64 and 65 do not contravene any of the provisions of
these Rules and any other regulations, rules and by-laws of the local authority relating
thereto, and are in other respects satisfactory, it shall cause its approval thereof to be
signified in writing.
68. Drainage work not to be commenced before approval obtained
No person shall begin to construct, install, connect, make any addition to, partially
construct, entirely or partially reconstruct or alter any such works as are described in
paragraph (1) of rule 64 until he has given notice of his intention and has deposited the
plans, sections and particulars required by rules 64 and 65 and the local authority has
either intimated its approval of such work or failed to intimate its disapproval thereof within
the period hereinafter described in that behalf, and, subject to rule 70 no person shall,
except with the written permission of the local authority, carry out such work as aforesaid
otherwise than in accordance with the approved plans.
69. In default of local authority drainage work may be proceeded with
If the local authority fails to intimate, within twenty-eight days of the receipt of any
plans or notice delivered in accordance with these Rules, to the person submitting such
plans its disapproval of the proposed work which the said person intends to carry out, the
person submitting the plans may proceed with such work in accordance with such plans,
but not so as to contravene any of the provisions of these Rules or any other regulations,
rules and by-laws of the local authority relating thereto.
70. Alteration and construction of drainage work in cases of urgency
Notwithstanding anything contained in any of the preceding rules of these Rules,
where, in the opinion of the medical office of health, in consequence of either an existing
nuisance or a case of infectious disease on any premises, the carrying out of any such
work as is described in paragraph (1) of rule 64 and rule 65 such premises is a matter of
urgency, the medical officer of health may serve a written notice upon the owner of such
premises, a copy of which shall be delivered forthwith to the local authority, certifying that
the carrying out of any such work as aforesaid is a matter of urgency, whereupon the
owner of such premises may proceed forthwith to carry out such work before any such
[Rev. 2012] CAP. 242
Public Health
[Subsidiary]
165 [Issue 1]
plans, sections or particulars as may be required under the said rules 64 and 65 have
been deposited with the local authority, and shall forthwith send to the local authority
notice in writing of his intention so to do:
Provided that—
(i) where, on a written certificate of urgency issued by the medical officer of
health, any such work as aforesaid is carried out on any premises, the
person carrying out such work shall, within 14 days from the date of the
commencement of such work, deposit the plans, sections and particulars
required by the said rules;
(ii) nothing contained in this rule shall be held to relieve the person carrying out
such work as aforesaid from the necessity of complying, in the carrying out
of such work, with the provisions of these Rules and any other regulations,
rules and by-laws of the local authority relating thereto.
71. Works notice before drainage work is commenced
(1) Every person who intends to carry out any such work as described in paragraph (1)
of rule 64 and rule 65 shall deliver to the local authority, at its offices, notice in writing of such
intention at least 24 hours before such person begins to carry out any such work as
aforesaid.
(2) The delivery of any notice and the deposit of any plans, sections or particulars as
provided in rules 64 and 65 shall not be deemed to be a notice under this Rule.
72. Notice that work is completed and ready for testing
(1) Every person who carries out any such work as is described in paragraph (1) of
rule 64 and rule 65 shall, as soon as such work is ready for testing, give notice in writing to
the local authority that such work is ready for testing, and he shall afford to any duly
authorized officer of the local authority every facility for inspection and for the purpose of
making such tests of the work as may be deemed necessary.
(2) Upon receipt of any such notice as aforesaid, the local authority shall within 48
hours cause such work to be inspected and tested.
73. Drainage work not to be covered up until tested and approved
No person shall proceed to cover up any such work as is described in paragragph (1)
of rule 64 and rule 65 until such work has been inspected, tested and approved by the
medical officer of health or other duly authorized officer of the local authority.
74. Certificate to be issued on completion of drainage
Where any person carries out any such work as is described in paragraph (1) of rule
64 and rule 65, and where, after completion, such work has been inspected, tested and
approved, the local authority shall issue to the owner of the premises upon which such
work has been carried out a certificate in writing that the said work, after completion,
inspection and testing, has been approved:
Provided that such certificate shall not in any way be held to impose any liability
whatsoever on the local authority or any of its officers or on Government for any loss or
damage that may be caused through any such work not being designed or carried out in a
proper, efficient and workmanlike manner, or through any such work being carried out
otherwise than in accordance with the approved plans and these Rules.
75. Fresh notice to be given if work not proceeded with within one year
If any person who is entitled to proceed with any drainage work under rules 67 and 69
fails to do so within the period of one year, the notice given by him shall be held to have
CAP. 242 [Rev. 2012]
Public Health
[Subsidiary]
[Issue 1] 166
lapsed, and he shall give fresh notice of his intention before proceeding to carry out such
work and that in the manner hereinbefore prescribed.
76. Unauthorized drainage work
(1) Any person who carries out or begins to carry out any works in contravention of
the provisions of these Rules shall be guilty of an offence, and whether proceedings have
been taken against the person offending or not the local authority may serve upon the
person so offending a notice in writing requiring him, within a time to be specified in such
notice, to execute such alteration upon or to carry out such additions to such works as
may be necessary to render such works in accordance with the provisions of these Rules,
or to cut into, lay open, remove or demolish the same.
(2) Local authority may order unauthorized work to be demolished.—Any person who
fails to comply with the requirements of any such notice as aforesaid within the time
specified therein shall be guilty of an offence, and the local authority may cause the said
works to be altered, cut into, laid open, removed, demolished or otherwise dealt with, and
may recover the expense of so doing as a civil debt recoverable summarily from the
person so offending.
Licensing of Plumbers and Drainlayers
77. Drainage work to be carried out by licensed plumbers and drainlayers
(1) No person shall construct or carry out any drainage works or any works connected
in any manner with the discharge of liquid or solid matter into any drain, cesspool, septic,
tank or sewer, or otherwise connected with the drainage of any premises, unless such
person is in lawful possession of a licence obtained from the local authority authorising
him so to do.
(2) Such licence shall be in the form of a plumber’s licence or drainlayer’s licence in
the Second Schedule, and any person to whom any such licence as aforesaid has been
issued by the local authority shall be empowered to construct or carry out the following
works only in respect of such licence—
Plumber’s licence
(a) every person to whom a plumber’s licence has been issued by the local
authority shall be entitled to carry out any plumbing work in connexion with
the construction, fixing, laying, repair or removal of pipes, valves, traps,
drains or other apparatus or appliance connected with the drainage of any
premises, but not to construct or lay any stoneware drain, inspection
chamber, cesspool, septic tank, sewage filter installation or other works for
the treatment or disposal of sewage;
Drainlayer’s licence
(b) every person to whom a drainlayer’s licence has been issued by the local
authority shall be entitled to construct or lay any stoneware drain, inspection
chamber, cesspool, septic tank, sewage filter installation or other works for
the treatment or disposal of sewage, but not to carry out the work of a
plumber:
Provided that nothing in this Rule shall be deemed to prohibit any workman carrying
out any such works as aforesaid, where such workman carries out such works under the
direction, supervision and control of a licensed plumber or a licensed drainlayer.
(3) Any person who contravenes any of the provisions of this rule shall be guilty of an
offence.
[Rev. 2012] CAP. 242
Public Health
[Subsidiary]
167 [Issue 1]
78. Plumbers and drainlayers must satisfy local authority of their competency
No plumber’s licence and no drainlayer’s licence shall be issued by the local authority
to any person until such person has satisfied the local authority as to his competency to
carry out the work of a licensed plumber or of a licensed drainlayer, and the local authority
may require any person who applies for a plumber’s licence or a drainlayer’s licence to
submit himself to examination by such a body of persons as the local authority may
appoint for the purpose of ascertaining whether such person as aforesaid is competent to
carry out the work of a licensed plumber or a licensed drainlayer in a satisfactory and
efficient manner.
79. Register of licensed persons to be kept by local authority and signed by
licensees
Before the local authority issues a plumber’s licence or a drainlayer’s licence to any
person, such person shall be required to sign a register, which shall be kept by the local
authority, containing a declaration that he accepts such licence subject to, and that he will
conform with, the conditions thereof and the provisions of these Rules and any other
regulations, rules and by-laws of the local authority relating to drainage works or any
works connected in any manner with the drainage of any premises.
80. Licence to be produced for inspection
Any person to whom a plumber’s licence or a drainlayer’s licence has been issued by
the local authority under these Rules shall, if called upon at any reasonable time to do so,
produce his licence for the inspection of any duly authorized officer of the local authority or
the medical officer of health or a sanitary inspector.
81. Cancellation of licence
The local authority may at any time cancel any licence issued to any plumber or
drainlayer under these Rules if the local authority is satisfied that such licensed plumber or
such licensed drainlayer has, either by himself or by his workmen, caused or permitted
any plumbing or drainlaying work to be carried out in a negligent or unworkmanlike
manner to the injury of any person or property, or contrary to any of the provisions of
these Rules or any other regulations, rules or by-laws of the local authority relating to
drainage works or any works connected in any manner with the drainage of any premises:
Opportunity for defence
Provided that, before any such licence is cancelled as aforesaid, the person whose
licence it is proposed to cancel shall be given an opportunity of appearing before the local
authority or before a committee appointed by the local authority, and of being heard in his
own defence.
82. Date of effect
Rules 77, 78, 79, 80 and 81 shall not come into force until after the expiration of a
period of six months from the date of the application of these Rules under rule 2.
Provision of Latrine Accommodation
83. New buildings must be provided with latrine accommodation
(1) It shall not be lawful newly to erect any domestic building or public building or to
re-erect any domestic building or public building of which any two external walls have
been pulled down or burned down or have fallen down to or below the level of the ground
floor, or to occupy or, being the owner thereof, permit to be occupied any such domestic
building or public building without proper and sufficient latrine accommodation so situated
as to be conveniently accessible to all persons to be employed or accommodated therein.
CAP. 242 [Rev. 2012]
Public Health
[Subsidiary]
[Issue 1] 168
(2) For the purposes of this Rule, in the case of a domestic building the whole or any
part or portion of which is designed or intended to be used as a dwelling-house, such a
domestic building shall not be deemed to be provided with proper and sufficient latrine
accommodation unless each and every dwelling-house in such domestic building is
provided with proper, sufficient and separate latrine accommodation so situated as to be
conveniently accessible to the inmates of such dwelling-house.
(3) Notwithstanding anything contained in this Rule, where, in the opinion of the local
authority, sufficient latrine accommodation can be so conveniently situated that it may be
used in common by the inmates of two or more dwelling-houses or the inmates of one or
more dwelling-houses and of any part of a domestic building not being a dwelling-house, it
shall be lawful for the local authority to require to be provided such latrine accommodation
as it may deem sufficient for the use of such occupants as aforesaid, and to allow such
latrine accommodation to be used in common by such occupants.
(4) Any person who causes any domestic building or public building newly to be
erected or to be re-erected, or who occupies, or being the owner thereof permits to be
occupied, any such newly erected or re-erected domestic building or public building, in
contravention of the provisions of this rule, shall be guilty of an offence.
84. Local authority to require latrine accommodation in existing buildings
(1) If a domestic building or a public building appears to the local authority to be
without proper and sufficient latrine accommodation so situated as to be conveniently
accessible to the inmates of or the persons employed or accommodated in such domestic
building or public building, the local authority shall, by written notice served upon the
owner or occupier of the domestic building or public building, require such owner or
occupier, within a reasonable time to be specified in such notice, to provide proper and
sufficient latrine accommodation so situated as to be conveniently accessible to the
inmates of or the persons employed or accommodated in such domestic building or public
building.
(2) Any owner or occupier who, on receipt of such written notice, fails to comply with
the requirements of such notice, and that within the time specified, shall be guilty of an
offence, and the local authority may, after the expiration of the time specified in the notice,
do the work required to be done, and may recover as a civil debt recoverable summarily
from the owner the expenses incurred by them in so doing.
(3) For the purposes of this rule, in the case of a domestic building the whole or any
part or portion of which is used as a dwelling-house, such a domestic building shall not be
deemed to be provided with proper and sufficient latrine accommodation unless each and
every dwelling-house in such domestic building is provided with proper, sufficient and
separate latrine accommodation so situated as to be conveniently accessible to the
inmates of such dwelling-house:
Provided that where, at the date of the application of these Rules under rule 2,
latrine accommodation has been and is used in common by the inmates of two or more
existing dwelling-houses, or the inmates of one or more existing dwelling-houses, and of
any part of an existing domestic building not being a dwelling-house, and if in the opinion
of the local authority such latrine accommodation may continue to be so used, the local
authority may permit such latrine accommodation to be used in common for such period of
time as it may think fit, and it need not require separate latrine accommodation to be
provided for each such dwelling-house.
85. Latrines for factories and workshops, etc.
(1) The owner or occupier of every factory, workshop, work-place or other premises
where persons are employed or in attendance provide such factory, workshop, workplace
or other premises as shall with proper and sufficient latrine accommodation, regard
aforesaid had to the number of persons employed in or in attendance being at such
[Rev. 2012] CAP. 242
Public Health
[Subsidiary]
169 [Issue 1]
factory, workplace, workshop or other premises as aforesaid and also, where persons of
both sexes are or are to be employed or in attendance, with proper accommodation for
persons of each sex, and such owner or occupier shall, in the provision of such latrine
accommodation, comply with the following requirements—
(a) in factories, workshops, workplaces or other premises as aforesaid where
females are employed or in attendance, he shall provide one water-closet
for every 25 females, or one pail closet for every 15 females;
(b) in factories, workshops, workplaces or other premises as aforesaid where
males are employed or in attendance, he shall provide one water-closet for
every 25 males or one pail-closet for every 15 males:
Provided that, where the number of males employed or in attendance
exceeds 100 and sufficient urinal accommodation is also provided, it shall
be sufficient if there is one water-closet for every 25 males up to the first
100 and one for every 40 thereafter, or one pail-closet for every 15 males
up to the first 105 and one for every 25 thereafter;
(c) he shall, in calculating the number of latrines required under paragraphs (a)
and (b) of this rule, reckon any number of persons less than 15, 25 or 40, as
the case may be, as 15, 25 or 40 respectively;
(d) he shall cause every latrine to be kept in a clean state;
(e) he shall cause every latrine to be under cover and so partitioned off as to
secure privacy, and if for the use of females to have proper doors and
fastenings;
(f) he shall cause all latrine accommodation to be so arranged and maintained
as to be conveniently accessible to all persons employed in such factory,
workshop, workplace or other premises as aforesaid at all times during their
employment;
(g) he shall, where persons of both sexes are employed, cause the latrines for
each sex to be so placed or so screened that the interior is not visible, even
when the door of any latrine is open, from any place where persons of the
other sex have to work or pass; and, if the latrines for one sex adjoin those
for the other sex, the approaches shall be separate;
(h) he shall, when so required by the local authority, cause every latrine which
is used at night to be provided with adequate lights kept lighted during the
night.
(2) If it appears to the local authority that the provisions of this Rule have not been
complied with in regard to any factory, workshop, workplace or other premises where
persons are employed or in attendance, the local authority shall serve a written notice
upon the owner or occupier of such factory, workshop, workplace or other premises as
aforesaid requiring such owner or occupier, within a time specified in such notice, to
provide proper and sufficient latrine accommodation in accordance with this rule, and any
such owner or occupier who fails to comply with the requirements of any such notice
which has been served upon him, and that within the time specified, shall be guilty of an
offence.
86. Latrines for hotels, boarding-houses, theatres, public halls, etc.
(1) The owner or occupier of every hotel, boarding-house, church or place of public
worship, theatre, public hall or public place of assembly for persons admitted by ticket or
otherwise shall provide such hotel, boarding-house, church or place of public worship,
theatre, public hall or public place of assembly as aforesaid with proper and sufficient
latrine accommodation, regard being had to the number of persons for whom
accommodation is or is to be provided in such hotel, boarding-house, church or place of
CAP. 242 [Rev. 2012]
Public Health
[Subsidiary]
[Issue 1] 170
public worship, theatre, public hall or public place of assembly as aforesaid and with
proper separate accommodation for persons of each sex, and such owner or occupier
shall, in the provision and maintenance of such latrine accommodation, comply with the
following requirements—
(a) in hotels and boarding-houses—
(i) he shall provide one water-closet for females for every 40 persons
who are or are to be accommodated therein, or one pail-closet for
females for every 30 persons who are or are to be accommodated
therein;
(ii) he shall provide one water-closet for males for every 40 persons who
are or are to be accommodated therein, or one pail-closet for males
for every 30 persons who are or are to be accommodated therein:
Provided that, where the number of persons who are or are to be
accommodated therein exceeds 120 and sufficient urinal
accommodation is also provided for males, it shall be sufficient if
there is one water-closet for males for every 40 persons who are or
are to be so accommodated up to the first 120, and one for every 60
thereafter, or one pail-closet for males for every 30 persons who are
or are to be so accommodated up to the first 120, and one for every
40 thereafter;
(iii) he shall, in calculating the number of latrines required under
paragraphs (i) and (ii) of this subparagraph, reckon any number of
persons less than 30, 40 or 60, as the case may be, as 30, 40 or 60
respectively;
(iv) he shall cause all latrine accommodation to be so arranged and
maintained as to be conveniently accessible at all times to all persons
who are accommodated in such hotel or boarding-house:
Provided that, in any case where any hotel or boarding-house is used
or intended to be used for the accommodation of persons of one sex
only, he shall provide such hotel or boarding-house with twice the
number of latrines specified in paragraphs (a) and (b);
(b) in churches or places of public worship, he shall provide such latrine
accommodation as the local authority may require;
(c) in theatres, public halls, or public places of assembly as aforesaid—
(i) he shall provide one water-closet for females for every 200 persons
who are or are to be accommodated therein, or one pail-closet for
females for every 150 persons who are or are to be accommodated
therein;
(ii) he shall provide one water-closet for males for every 200 persons
who are or are to be accommodated therein or one pail-closet for
males for every 150 persons who are or are to be accommodated
therein:
Provided that, where the number of persons who are or are to be
accommodated therein exceeds 150, he shall also provide proper
and sufficient urinal accommodation for males in addition to any such
water-closet as aforesaid;
(iii) he shall, in calculating the number of latrines required under
subparagraphs (i) and (ii), reckon any number of persons less than
150 or 200, as the case may be, as 150 or 200 respectively;
(iv) he shall cause all latrine accommodation to be so arranged and
maintained as to be conveniently accessible to all persons
[Rev. 2012] CAP. 242
Public Health
[Subsidiary]
171 [Issue 1]
accommodated in such theatre, public hall or public place of
assembly as aforesaid, at all times during which they are so
accommodated:
Provided that, notwithstanding anything contained in
subparagraphs (i) and (ii), in the case of race meetings, shows or
extraordinary gathering, it shall be lawful for the local authority to
require such latrine accommodation in excess of the provision
specified in those paragraphs, as the local authority may consider
necessary;
(d) in hotels, boarding houses, churches or places of public worship, theatres,
public halls or public places of assembly as aforesaid—
(i) he shall cause every latrine to be kept in a cleanly state;
(ii) he shall cause every latrine to be under cover and so partitioned off
as to secure privacy, and in the case of any water-closet or plain-
closet to have proper doors and fastenings;
(iii) he shall cause the latrines for each sex to be so placed or so
screened that the interior is not visible, even when the door of any
latrine is open, from any place where persons of the other sex have
to or are permitted to pass; and, if the latrines for one sex adjoin
those for the other sex, the approaches shall be separate;
(iv) he shall, when so required by the local authority, cause every latrine
which is used at night to be provided with adequate lights kept lighted
during the night.
(2) If it appears to the local authority that the provisions of this rule have not been
complied with in regard to any hotel, boarding-house, church, place of public worship,
theatre, public hall or public place of assembly as aforesaid, the local authority shall serve
a written notice upon the owner or occupier of such hotel, boarding-house, church, place
of public worship, theatre, public hall or public place of assembly as aforesaid requiring
such owner or occupier, within a time specified in such notice, to provide proper and
sufficient latrine accommodation in accordance with this rule, and any such owner or
occupier who fails to comply with the requirements of any such notice which has been
served upon him, and that within the time specified, shall be guilty of an offence.
87. Temporary latrines for workmen
Every contractor, builder or other person employing workmen for the demolition,
construction, reconstruction or alteration of any building or other work in any way
connected with a building shall, when so required by the local authority, provide in an
approved position, and thereafter maintain for such time as workmen are engaged
thereon, sufficient and convenient latrine accommodation for such workmen.
88. Latrines for different races
(1) Notwithstanding anything contained in rules 83, 84, 85, 86 and 87, where on any
premises persons of different races are or are to be employed, accommodated or in
attendance, it shall be lawful for the local authority to require proper, separate and
sufficient latrine accommodation to be provided for the sole use of persons of each race,
so situated as to be conveniently accessible to such persons.
(2) Such separate latrine accommodation which may lawfully be required by the local
authority to be provided shall be in accordance with the standards laid down in rules 85
and 86, as the case may be.
(3) For the purposes of this Rule, unless specially exempted by the local authority and
subject to such conditions as it may impose, in the case of any premises the whole or any
part or portion of which is used as one or more dwelling-houses the owner or occupier of
CAP. 242 [Rev. 2012]
Public Health
[Subsidiary]
[Issue 1] 172
such premises shall not be deemed to have provided proper, sufficient and separate
latrine accommodation for the sole use of persons of each race unless has been provided
for each dwelling-house.
(4) If it appears to the local authority that the provisions of this Rule have not been
complied with in regard to any premises on which persons of different races are
employed, accommodated or in attendance, the local authority shall serve a written notice
upon the owner or occupier of such premises requiring such owner or occupier, within a
time specified in such notice, to provide proper and sufficient latrine accommodation for
the sole use of persons of each race in accordance with this Rule, and any such owner or
occupier who fails to comply with the requirements of any such notice which has been
served upon him, and that within the time specified, shall be guilty of an offence.
89. Improper use of latrines used in common
With respect to any latrine used in common by the occupiers of two or more separate
dwelling-houses, domestic buildings or premises, or by other persons, if any such person
injures or improperly fouls such latrine or anything used in common therewith, he shall be
guilty of an offence.
90. Improper use of public latrines
Any person who injures or makes improper or unclean use of any public latrine or a
latrine provided in connexion with any church or place of public worship, theatre, public
hall or other public place of assembly shall be guilty of an offence.
91. No latrine other than water-closet to be constructed within 200 feet of sewer
(1) No person shall construct a latrine in connexion with a building, other than a water-
closet or a urinal, where any part of the site of such latrine or such building is within 200
feet of a sewer belonging to the local authority which is at a suitable level, and where
there is sufficient water supply.
(2) Any person who constructs a latrine so as to contravene any of the provisions of
this Rule shall be guilty of an offence, and the local authority may demolish and remove
such latrine, and may recover from such person as a civil debt recoverable summarily the
cost incurred in demolishing and removing the same.
92. No latrine other than water-closet or urinal inside dwelling
No person shall provide, construct, fix, retain or use any latrine other than a water-
closet or a urinal inside or under the same roof as any dwelling-house, and any person
who provides, constructs, fixes, retains or uses any such latrine so as to contravene the
provisions of this rule shall be guilty of an offence.
93. Latrines other than water-closets and urinals to be protected against flies
Every person who erects any latrine, not being a water-closet or a urinal, in connexion
with a building shall cause all reasonably practical measures to be used to prevent flies
gaining access to the apartment of such latrine, and any person who, in the erection of
any such latrine, fails to comply with the provisions of this rule shall be guilty of an offence.
94. Local authority to enforce protection of latrines against flies
If it appears to the local authority that all reasonably practical measures have not been
or are not being used to prevent flies gaining access to the apartment of any latrine, such
latrine not being a water-closet or a urinal, the local authority shall serve a written notice
upon the owner of such latrine requiring him, within a reasonable time to be specified in
such notice, to carry out such reasonably practical works as may be necessary to prevent
[Rev. 2012] CAP. 242
Public Health
[Subsidiary]
173 [Issue 1]
flies gaining access to the apartment of such latrine, and any owner who, on receipt of
such notice, fails to comply with the requirements of such notice, and that within the time
specified, shall be guilty of an offence.
Pail-Closets
95. Requirements as to pail-closets
Every person who constructs or provides a pail-closet in connexion with a building
shall, in the construction and provision of such pail-closet, comply with the following
requirements—
Distance of pail-closets from kitchens
(a) he shall not construct or provide such pail-closet within ten feet of any
kitchen;
Pail-closets to be away from dwelling-house
(b) he shall not construct or provide such pail-closet within any part of a
dwelling-house or under the same roof as any dwelling-house, but shall
construct such pail-closet so that the entrance opens directly on to the
external air, and so that on any side on which it would abut on any part of a
dwelling-house it is separated from such dwelling-house by a solid wall or
partition of brick, stone or concrete or other suitable materials extending the
entire height from the floor to the ceiling;
Pail-closet not to open on to certain rooms
(c) he shall not construct or provide such pail-closet so that it is approached
directly from any room used for the manufacture, preparation, storage or
sale of food for man, or used as a factory, workshop, workplace or public
building, but shall construct or provide such pail-closet so that on any side
on which it would abut on a room intended for the manufacture, preparation,
storage or sale of food for man, or used a factory, workshop, workplace or
public building it is enclosed by a solid wall or partition of brick, stone,
concrete or other suitable materials, extending the entire height from the
floor to the ceiling;
Ventilation lobby for pail-closets in buildings
(d) where the entrance to such pail-closet does not open directly into the
external air, he shall cause such pail-closet to be entirely separated and cut
off from any room used for the manufacture, preparation, storage or sale of
food for man, or used as a factory, workshop, workplace or public building,
by means of a passage or lobby provided with a window of not less
dimensions than two square feet, exclusive of the frame, and opening
directly into the external air; and such passage or lobby, in addition to such
window, shall also be provided with adequate means of constant ventilation
by at least one ventilating aperture, of not less dimensions than 144 square
inches, exclusive of any frame, built in an external wall of such passage or
lobby;
Pail-closets to be lighted and ventilated, and protected against flies
(e) he shall, whether the situation of such pail-closets is or is not within such
building, construct in one of the external walls of such pail-closet an opening
for light and ventilation of not less dimensions than two square feet, situated
as near to the top of such pail-closet as convenient and communicating
directly with the external air, which opening shall be properly and efficiently
covered with fly-proof gauze so as to prevent the entrance of flies;
CAP. 242 [Rev. 2012]
Public Health
[Subsidiary]
[Issue 1] 174
Siting of pail-closets
(f) he shall construct or provide such pail-closet in such a position, if
practicable, as to back on a sanitary lane, and in such a manner and in such
a position as to afford ready means of access to such pail-closet, for the
purpose of cleaning the same and of removing filth therefrom, and in such a
manner and in such a position as to admit of all filth being removed from
such pail-closet, and from the premises to which it may belong, without
being carried through any domestic building or public building;
Pail-closets to be built in accordance with a standard design
(g) he shall not construct or provide such pail-closet otherwise than in
accordance with a standard pattern approved by the local authority or with
plans and specification submitted to and approved by the local authority.
Pit-Closets
96. Pit-closets not to be constructed without permit from local authority
No person shall construct or provide latrine accommodation of the kind known as a pit-
closet or latrine accommodation situated over any hole or excavation in the ground which
hole or excavation is intended for the reception of human excreta, except where, in the
opinion of the local authority, the site of such proposed accommodation and the character
of the soil are in every respect suitable and satisfactory for such a purpose, and the local
authority has signified its approval thereof in writing, and then only subject to such
conditions as the local authority may prescribe.
Miscellaneous
97. Notices may be printed or written
Notices and other documents under these Rules may be in writing or in print, or partly
in writing and partly in print, and, if the same require authentication by the local authority,
the town engineer or the medical officer of health, the signature thereof respectively by the
town clerk, town engineer, medical officer of health, sanitary inspector or District
Commissioner, as the case may be, shall be sufficient authentication.
98. Service of notices
Notices and other documents required or authorized to be served under these Rules
may be served by delivering the same to or at the residence of the person to whom they
are respectively addressed, or where addressed to the owner or occupier of premises by
delivering the same, or a true copy thereof, to some person on the premises, or, if there is
no person on the premises who can be served, by fixing the same on some conspicuous
part of the premises; they may also be served by post by a prepaid letter, and if served by
post shall prima facie be deemed to have been served at the time when the letter
containing the same would be delivered in the ordinary course of post, and in proving such
service it shall be sufficient to prove that the notice or other document was properly
addressed and put in the post.
99. Defect in form not to invalidate notices
No defect in the form of any notice or other document made under these Rules shall
invalidate or render unlawful the administrative action, or be a ground for exception to any
legal proceedings, which may be taken in the matter to which such notice or other
document relates, provided the requirements thereof are substantially and intelligibly set
forth.
[Rev. 2012] CAP. 242
Public Health
[Subsidiary]
175 [Issue 1]
100. Penalties
Any person who is guilty of an offence under, or convention of, or default in complying
with, any provision of these Rules shall be liable on conviction to a fine not exceeding five
hundred shillings, and if the offence, contravention or default is of a continuing nature to a
further fine not exceeding sixty shillings for each day during which he makes default.
FIRST SCHEDULE
[Rule 50.]
REQUIREMENTS REGARDING WATER-CLOSETS
STANDARD TEST
1. Trap to be properly filled with water. Coloured fluid to poured into trap. Basin to be
soiled with plumbers’ soil or liquid mud. Flush.
Basin must be so cleared as to leave water in basin clear and clean at the completion
of one flush.
2. Trap to be properly filled with water. Four pieces of potato or apple to be placed in the
trap, none of which shall exceed two inches in diameter. A piece of cotton waste, sponge
or cloth to be placed in the trap, not to exceed two inches in diameter; also three pieces of
toilet paper, crumpled up, to be placed in the trap, and toilet paper be placed over water
surface and around sides of basin. Flush.
Basin must be completely cleared of all solids by one flush.
SECOND SCHEDULE
[Rule 77.]
OFFICES OF THE LOCAL AUTHORITY,
.............................................................................
.............................................................................
........................................................ , 20 ..............
PLUMBER’S LICENCE
PUBLIC HEALTH (DRAINAGE AND LATRINE) RULES
Licence No. ..........................................
Mr. ........................................................................ , of ..................................................................... .
is hereby licensed as a plumber under the Public Health (Drainage and Latrine) Rules, and is
entitled to carry out any plumbing work in connexion with the construction, fixing, laying, repair or
removal of pipes, valves, traps, drains or other apparatus or appliance connected with the drainage
of any premises, but not to construct or lay any stoneware drain, inspection chamber, cesspool,
septic tank, sewage filter installation or other works for the treatment or disposal of sewage.
.............................................................................
Local Authority
OFFICES OF THE LOCAL AUTHORITY,
.............................................................................
........................................................ , 20 ..............
CAP. 242 [Rev. 2012]
Public Health
[Subsidiary]
[Issue 1] 176
SECOND SCHEDULE—continued
DRAIN LAYER’S LICENCE
PUBLIC HEALTH (DRAINAGE AND LATRINE) RULES
Licence No. ..........................................
Mr. ........................................................................ , of ......................................................................
is hereby licensed as a drainlayer under the Public Health (Drainage and Latrine) Rules, and is
entitled to construct or lay any stoneware drain, inspection chamber, cesspool, septic tank, sewage
filter installation or other works for the treatment or disposal of sewage, but not in any way to
perform the work of a plumber.
.............................................................................
Local Authority
[Rev. 2012] CAP. 242
Public Health
[Subsidiary]
177 [Issue 1]
APPLICATION OF THE ABOVE RULES UNDER RULE 2
[Cap. 130 of (1948), Sub. Leg. G.N. 196/1951, G.N. 728/1951, G.N. 1113/1951, G.N. 1358/1951,
G.N. 136/1952, G.N. 187/1952, G.N. 350/1952, L.N. 99/1956, L.N. 506/1957, L.N. 514/1957, L.N.
519/1957, L.N. 87/1958, L.N. 111/1958, L.N. 245/1958, L.N. 63/1959, L.N. 127/1959, L.N. 483/1959,
L.N. 150/1960, L.N. 463/1960, L.N. 464/1960, L.N. 600/1962, L.N. 244/1963.]
The whole of the Public Health (Drainage and Latrine) Rules have been applied to the
following areas—
Kisumu Municipality.
[Cap. 130 of (1948), Sub. Leg. G.N. 187/1952.]
Eldoret Municipality.
Nakuru Municipality.
Nyeri Township.
[G.N. 728/1951, L.N. 483/1959.]
Nanyuki Township.
[G.N. 1358/1951, L.N. 483/1959.]
Malindi Township.
[G.N. 1113/1951.]
Voi Township.
[L.N. 99/1956, L.N. 111/1958.]
Thomson’s Falls Township.
[G.N. 136/1952, L.N. 506/1957.]
Kitale Municipality.
[L.N. 519/1957.]
Kabarnet Township.
[L.N. 63/1959.]
Karatina Township.
[L.N. 150/1960.]
The following part of the district of the Kiambu African District Council, namely the area
vested in the East African Railways and Harbours Administration, known as the Limuru
Siding and Godown Plots, comprising plots L.R. Nos. 7882/1-8.
[L.N. 463/1960.]
The district of the Naivasha Urban District Council.
[L.N. 464/1960.]
That part of the district of the Gilgil Rural and Urban Council which comprises Gilgil
Township.
[L.N. 464/1960.]
That part of the Ol Kalou Rural and Urban Council which comprises Ol Kalou
Township.
[L.N. 464/1960.]
City Council of Nairobi.
[L.N. 600/1962.]
Embu Township.
[L.N. 244/1963.]
CAP. 242 [Rev. 2012]
Public Health
[Subsidiary]
[Issue 1] 178
The following provisions of the Public Health (Drainage and Latrine) Rules have been
applied to the following areas—
Kakamega Township: all except rules 77 to 82.
[Cap. 130 of (1948), Sub. Leg.]
Kisii Township: all except rules 18, 24 and 77 to 82.
[G.N. 196/1951.]
Kericho Township: all except rules 77 to 82.
[G.N. 350/1952.]
All townships and trading centres within the County of Nakuru, and the
Lanet Planning Area: all except rules 77 to 82.
[L.N. 514/1957.]
Bungoma Township: all except rules 77 to 82.
[L.N. 87/1958.]
Ngong Township: all except rules 77 to 82.
[L.N. 245/1958.]
Kiambu Township: all except rules 77 to 82.
[L.N. 127/1959.]
Limuru Township: all except rules 77 to 82.
[L.N. 127/1959.]
[Rev. 2012] CAP. 242
Public Health
[Subsidiary]
179 [Issue 1]
PUBLIC HEALTH (KISUMU DENSITY OF DWELLINGS) RULES
[Cap. 130 of (1948), Sub. Leg.]
1. These Rules may be cited as the Public Health (Kisumu Density of Dwellings) Rules,
and shall apply to the Municipality of Kisumu.
2. In these Rules, unless the context otherwise requires—
“dwelling” means any house, room, shed, hut, cave, tent, vehicle, vessel or boat,
or any other structure or place whatsoever, any portion whereof is used by any human
being for sleeping or in which any human being dwells;
“dwelling-house” means a building or any part or portion of a building used or
constructed, adapted or designed to be used for human habitation, as a separate
tenancy, or by one family only, whether detached, semi-detached or separated by
party walls or by floors from adjoining buildings, together with such outbuildings as are
reasonably required to be used or enjoyed therewith;
“old bazaar” means and includes that area of the Municipality bounded on the
south-east and east by the Railway boundary, to its junction with Temple Road, thence
along Temple Road to its junction with Junction Road, thence along this road to its
junction with the Railway boundary;
“plot” means any area of land being the subject of a separate lease or
conveyance from the Government;
“subplot” means any portion of a plot, such portion being the subject of a
separate registered conveyance, assignment or sublease, and extends also to and
includes any portion of a plot being the subject of a separate sublease or upon which
any building is erected which is wholly in, or is constructed or adapted to be wholly in,
one occupation or is let or adapted to be let to a separate tenant.
3. No person shall erect a building or make any alteration or addition to a building on any
plot or subplot where such plot or subplot or such building as aforesaid, or any building or
part of a building on such plot or subplot, is intended to be used as a dwelling unless at
least half of the said plot or subplot is left unbuilt upon, unless the plot or subplot be so
denuded of buildings that, after erecting such building or making such alterations or
additions to a building as aforesaid, at least half of such plot or subplot shall be left unbuilt
upon.
4. No person shall use or, being the owner thereof, permit to be used any plot or subplot
or any building or part of a building on any plot or subplot as a dwelling where, on the
commencement of these Rules, such plot or subplot or such building or part of a building
as aforesaid was not being used as a dwelling, unless at least half of the said plot or
subplot has been left unbuilt upon or unless the said plot or subplot is so denuded of
buildings that at least half of such plot or subplot is left unbuilt upon.
5. On and after the 1st April, 1929, no person shall use or, being the owner thereof,
permit to be used as a dwelling any plot or subplot or any building or part of a building on
any plot or subplot, in the old bazaar, unless at least half of the said plot or subplot has
been left unbuilt upon or unless the said plot or subplot is so denuded of buildings that at
least half of such plot or subplot is left unbuilt upon.
6. Notwithstanding anything to the contrary contained in rules 3, 4 and 5 in the case of
buildings appearing in the opinion of the superintendent of conservancy to be constructed,
adapted or designed to be used entirely as hotels or residential clubs, the proportion of the
plot or subplot upon which such buildings stand or are to stand which shall be left unbuilt
upon may be reduced to one-third.
CAP. 242 [Rev. 2012]
Public Health
[Subsidiary]
[Issue 1] 180
7. (1) No person shall so erect, add to or alter a building in such a manner that on the
plot or subplot on which such building stands (such plot or subplot being not greater than
one thirty-fifth of an acre) there is more than one dwelling-house, or so that there is any
dwelling-house on any plot or subplot which is of less extent than one thirty-fifth of an
acre, or so that the number of dwelling-houses over the whole area of such plot or subplot
exceeds the number yielded by a ratio of thirty-five dwelling-houses to one acre.
(2) In determining the number of dwelling-houses which shall be permitted upon any
plot or subplot in accordance with the foregoing provisions, no regard shall be had to any
open spaces, streets or passages reserved or agreed to be reserved and abutting upon or
in the vicinity of such plot or subplot.
(3) Nothing contained herein shall be deemed to apply to any building which, in the
opinion of the superintendent of conservancy, is constructed, adapted or designed to be
used as a hotel or residential club, and which in his opinion is unlikely, on account of the
manner in which it may be used, to become a menace either to the health of the
inhabitants thereof or of the community.
8. No person shall so erect, add to or alter a building intended, adapted or designed to
be used wholly or partially for human habitation that any portion thereof which constitutes
a dwelling-house is without separate and independent access to a street, such street not
being a sanitary lane or a passage.
9. No person shall erect a building intended, adapted or designed to be used wholly or
partially for human habitation on any plot or subplot which has not a frontage of at least
fourteen feet upon a street, such street not being a sanitary lane or a passage.
10. The superintendent of conservancy shall have powers in every case to determine
whether any street is a sanitary lane or a passage, and his decision shall be final, but no
street measuring forty feet or more in width shall in any circumstances be deemed to be a
sanitary lane or a passage.
11. Any person guilty of an offence against, or contravention of, or default in complying
with, any of the provisions of these Rules shall be guilty of an offence, and liable to a fine
not exceeding five hundred shillings, and, if the offence, contravention or default is of a
continuing nature, to a further fine not exceeding sixty shillings for each day during which
he makes default.
[Rev. 2012] CAP. 242
Public Health
[Subsidiary]
181 [Issue 1]
PUBLIC HEALTH (MOMBASA STORAGE OF HIDES AND SKINS) RULES
[Cap. 130 of (1948), Sub. Leg.]
1. These Rules may be cited as the Public Health (Mombasa Storage of Hides and
Skins) Rules, and shall apply to the Municipality of Mombasa.
2. In these Rules—
“hides and skins” means the hide or skin of any animal which, in the opinion of
the local authority, is in such a state or condition as to be likely to give rise to any
noxious or offensive smell;
“hide and skin godown” means any building or part of a building used, or
constructed, adapted or designed to be used, for the storage, preparation, examination
or packing of hides or skins or both, or in any part of which any hide or skin or both are
dealt with in any manner;
“hide and skin godown area” means that area on the west side of Mombasa
Island included within the boundaries as follows: from high-water mark at the NW.
corner of plot 23 section III southerly along the western and south-western boundaries
of plot 23 section III to the junction of Hobley and Makupa Roads at survey
beacon 17F; thence southerly through beacon 31 on the southern boundary of plot 80
section II to beacon B88 on the southern boundary of plot 74 of section II, thence
through the north-west corner of plot 60 of section II, along the western boundaries of
plots 60 and 103 of section II and along the southern boundary of plot 103 of section II
to survey beacon B84; then southerly through plot 98 of section II and through survey
traverse beacon 570 to survey beacon URL on the southern boundary of plot 271 of
section II; thence through the NE. corner of plot 38 of section II in a southerly direction
along the western boundary Sheriffbhai Street to its junction with the Kilindini Road;
thence westerly along the northern boundary of Kilindini Road to the SW. corner of plot
57 of section I; thence along a straight line running due west to high-water mark in
Kilindini Harbour and thence northerly along high-water mark to the NW. corner of plot
23 section III, the point of commencement.
3. No person shall erect any building intended, adapted or designed to be used as a hide
and skin godown in any part of the Municipality of Mombasa except in the hide and skin
godown area; and no person shall use any existing building or part of an existing building
in the Municipality of Mombasa as a hide and skin godown unless such building or part of
a building is situated in the hide and skin godown area:
Provided that, subject to the provisions of rules 4, 5, 6 and 7, the provisions of this
rule shall not apply to the use of an existing building or part of an existing building as a
hide and skin godown where such building or part of a building, although not situated in
the hide and skin godown area, is in use as a hide and skin godown at the
commencement of these Rules.
4. (1) Where, at the commencement of these Rules, any existing building or part of an
existing building, not situated in the hide and skin godown area, is in use as a hide and
skin godown, the owner of such building or part of a building or the person using such
building or part of a building as a hide and skin godown may, within a period of thirty
days from the commencement of these Rules, make written application to the District
Commissioner for a certificate of registration in respect of such premises as a hide and
skin godown, whereupon the District Commissioner shall issue a certificate of registration
in respect of such premises as a hide and skin godown.
CAP. 242 [Rev. 2012]
Public Health
[Subsidiary]
[Issue 1] 182
(2) The District Commissioner, on the expiration of such period, may, in his discretion,
refuse to register any such premises as aforesaid as a hide and skin godown where
application for a certificate of registration as a hide and skin godown in respect of such
premises has not been made within such period.
5. No certificate of registration as a hide and skin godown in respect of any such
premises as are described in paragraph (1) of rule 4 shall be issued unless and until a
certificate in writing has been issued by the local authority that it has no objection.
6. Every certificate of registration as a hide and skin godown issued in respect of any
premises not situated within the hide and skin godown area shall be for a period of six
months only, and a fee of two shillings shall be paid to the District Commissioner in
respect of every such certificate of registration issued.
7. No person shall use any building or part of a building not situated within the hide and
skin godown area as a hide and skin godown unless and until a current certificate of
registration as a hide and skin godown in respect of such premises has been issued by
the District Commissioner.
8. Any person who uses any building or part of a building as a hide and skin godown so
as to contravene any of the provisions of these Rules shall be guilty of an offence and
liable to a fine not exceeding five hundred shillings and, if a continuing offence, to a daily
fine not exceeding forty shillings for each day during which the offence continues.
[Rev. 2012] CAP. 242
Public Health
[Subsidiary]
183 [Issue 1]
PUBLIC HEALTH (KISUMU STORAGE OF HIDES AND SKINS) RULES
[Cap. 130 of (1948), Sub. Leg.]
1. These Rules may be cited as the Public Health (Kisumu Storage of Hides and Skins)
Rules, and shall apply to the Municipality of Kisumu.
2. In these Rules—
“hides and skins” means the hide or skin of any animal whatsoever;
“hides and skins godown” means any building or part of a building used, or
adapted, or designed to be used, for the storage, examination or packing of dry hides
and skins;
“hides and skins godown area” means and includes that area in Kisumu
Municipality north-west of the Indian Bazaar, Section LXVIII, Plots No. 1 to No. 18 on
Land Office Plan No. 24699, and also Section LV/I B.E.A. Corporation Ginnery site
and Section LV/II, both on Plan No. 24699.
3. No person shall erect any building intended, adapted or designed to be used as a
hides and skins godown in any part of the Municipality of Kisumu, except in the hides and
skins godown area; and no person shall adapt any existing building or part of a building in
the Municipality of Kisumu as a hides and skins godown unless such building or part of a
building is situated in the hides and skins godown area.
4. After the expiry of a period of twelve months from the sale or the offering for sale of
any or all of the plots in the hides and skins godown area, no person shall use any
building or part of a building as a hides and skins godown unless such building or part
thereof is situated in the hides and skins godown area.
5. Any person who contravenes any of the provisions of these Rules shall be guilty of an
offence and liable to a fine not exceeding five hundred shillings and, if a continuing
offence, to a daily fine not exceeding forty shillings for each day during which the offence
continues.
[Rev. 2012] CAP. 242
Public Health
[Subsidiary]
185 [Issue 1]
PUBLIC HEALTH (TENTS AND CARAVAN SITES) RULES, 1960
[L.N. 128/1960, L.N. 484/1962.]
1. These Rules may be cited as the Public Health (Tents and Caravan Sites) Rules,
1960, and shall apply to such areas as the Minister may, by notice in the Gazette, direct.
2. In these Rules, unless the context otherwise requires—
“occupier”, in relation to a tent or caravan, includes any person who for the time
being is in charge thereof;
“offensive matter” includes both liquids and solids;
“owner”, in relation to land, includes any person or agent acting on his behalf for
the time being in direct control of the site whether he lives on the site or not;
“owner”, in relation to a tent or caravan, means the person who owns the tent or
caravan and includes any person or agent acting on his behalf.
3. (1) No tent shall be pitched, and no caravan shall be parked, for human habitation on
any land unless the owner of the land is the holder of a licence issued under these Rules
by the local authority after approval of suitable plans submitted by the owner, except in the
case of a single tent pitched, or a single caravan parked, for human habitation on a plot
containing a dwelling-house where—
(a) the owner of the land has notified the local authority of such pitching and
parking; and
(b) the length of time during which any tent is pitched or caravan parked for
habitation anywhere within the plot does not exceed a total of thirty days in
any one year.
(2) Where any tent is pitched or caravan parked for human habitation on any land in
contravention of paragraph (1), the owner of the land and the owner of the tent or caravan
shall each be guilty of an offence.
4. Every application for a licence under these Rules shall be in such form as the local
authority may require, and shall be accompanied by suitable plans submitted by the owner
of the land showing the situation in which it is proposed to pitch each tent and park each
caravan, details of the facilities which it is intended to provide under these Rules and such
other particulars as the local authority may require, and except with the written permission
of the local authority no tent may be pitched and no caravan parked for human habitation
otherwise than as shown in the plan submitted under this rule and approved by the local
authority.
5. Before applying for a licence, the owner shall advertise his intention so to apply, giving
such particulars as will enable neighbouring occupiers to ascertain whether they will be
affected by the proposal to which the application relates, in at least one newspaper
circulating in the area and in any other publication which the local authority may
determine, and the local authority shall give reasonable opportunity to all persons affected
by the proposal, to raise objections thereto, and, in deciding whether to issue a licence,
the local authority shall have regard to all objections made.
6. The local authority shall refuse a licence if—
(a) the proposed site is not adequately drained;
(b) the proposed site is unsuitable for tents or caravans;
(c) the proposal would be contrary to the planning or proposed planning of the
area;
CAP. 242 [Rev. 2012]
Public Health
[Subsidiary]
[Issue 1] 186
(d) there are in the opinion of the local authority already sufficient suitable sites
existing and licensed in the area;
(e) the local authority is not satisfied that the applicant intends or is able fully to
discharge his obligations under these Rules;
(f) the local authority is not satisfied that the applicant has provided adequate
sanitary facilities, water supply and ablution arrangements on the land;
(g) the local authority is of the opinion that, in view of the objections of persons
affected by the proposal, the application should not be granted;
(h) the site has not been approved under any law for the time being relating to
town and country planning.
[L.N. 484/1962, r. 2.]
7. (1) Licence shall be valid for a period of one year, and shall be in such form as the
local authority may decide.
(2) Licences may be renewed from time to time by the local authority if it is satisfied
that the licensee has observed the provisions of these Rules.
(3) A fee of ten shillings shall be charged by the local authority for every licence
issued and for every renewal thereof.
8. The local authority may, at any time on giving not less than forty-eight hours’ notice
thereof to the owner of the land, revoke a licence if it is satisfied that the provisions of
these Rules are not being observed, without prejudice to any prosecution for an offence
under these Rules.
9. (1) No tent shall be pitched, and no caravan shall be parked, for human habitation, so
that—
(a) the area of land surrounding the tent or caravan (including the land on
which it stands) and available for the exclusive use of the occupier of the
tent or caravan is less than one-twentieth of an acre;
(b) any two tents or caravans or any tent and caravan are less than twenty feet
apart; or
(c) any tent or caravan is less than twenty feet distant from the boundary of the
plot.
(2) The owner of any land on which a tent is pitched or a caravan parked for human
habitation in contravention of paragraph (1) of this rule shall be guilty of an offence.
10. (1) The occupier of a tent or caravan used for human habitation shall whenever it is
so used—
(a) cause all offensive matter to be removed therefrom at least once a day;
(b) cause every vessel, utensil or other receptacle used for holding or removing
any offensive matter to be cleansed immediately after it is emptied;
(c) not deposit or cause to be deposited any offensive matter within forty feet of
the tent or caravan or of any dwelling-house except in a proper receptacle,
pit or trench provided for that purpose and within the area in respect of
which a licence under these Rules has been issued;
(d) not deposit or cause to be deposited any offensive matter or any litter or
rubbish in any place so as to cause a nuisance or annoyance;
(e) deposit all refuse or litter in a suitable covered receptacle or place which he
shall provide for that purpose;
(f) keep in a wholesome condition any sanitary accommodation provided;
[Rev. 2012] CAP. 242
Public Health
[Subsidiary]
187 [Issue 1]
(g) cause its floor and internal surface to be cleaned as often as may be
necessary having regard to their nature.
(2) Any person who contravenes any of the provisions of paragraph (1) of this rule
shall be guilty of an offence.
11. (1) The owner or occupier of any tent or caravan used for human habitation and the
owner of the land who is aware that any inhabitant thereof is suffering from any infectious
disease shall report such disease to the medical officer of health of the area and shall take
all the precautions ordered by the medical officer of health for preventing the spread of
disease.
(2) Any person who contravenes the provisions of paragraph (1) shall be guilty of an
offence.
12. (1) The owner of a tent or caravan used for human habitation shall to the satisfaction
of the medical officer of health—
(a) provide it with suitable dry flooring;
(b) maintain it in good repair and order;
(c) maintain any sanitary accommodation provided in or to such tent or caravan
for the use of the occupants;
(d) keep the tent or caravan in a state of good repair;
(e) keep it reasonably weatherproof;
(f) provide it with adequate means of ventilation;
(g) take all necessary measures to keep the land free from vermin.
(2) Any person who contravenes any of the provisions of paragraph (1) of this rule
shall be guilty of an offence.
13. (1) The owner of a tent or caravan used for human habitation shall, if owing to the
occurrence of any infectious disease the medical officer of health orders the removal of
the tent or caravan from the plot, remove it within forty-eight hours of being ordered to do
so to some other place within the district to which it may lawfully be removed but
nevertheless shall not without the consent of the medical officer of health remove the tent
or caravan from any plot until it has been disinfected or disinfested as may be necessary
to the satisfaction of the medical office of health.
(2) Any person who contravenes any of the provisions of paragraph (1) of this rule
shall be guilty of an offence.
(3) Without prejudice to the prosecution of a person under this Rule, the local authority
may, if the owner fails to remove the tent or caravan within the time prescribed, cause the
tent or caravan to be removed, and may recover from the owner the expense in so doing,
and if the owner is prosecuted for and convicted of an offence under this rule the Court
before which he is convicted may order him to repay such expenses to the local authority.
14. (1) The owner of any tent or caravan which is let furnished shall maintain all fixtures,
fittings, utensils and articles let therewith in a good, clean and hygienic condition to the
satisfaction of the medical officer of health.
(2) Any person who contravenes the provisions of paragraph (1) shall be guilty of an
offence.
15. The owner of any land who allows any tent to be pitched or any caravan to be parked
thereon and to be used shall—
(a) provide on the site, in a suitable situation accessible to all occupiers,
sanitary and ablution accommodation with adequate and suitable piped
water supply, of such extent, situation and type as shall satisfy the medical
officer of health;
CAP. 242 [Rev. 2012]
Public Health
[Subsidiary]
[Issue 1] 188
(b) provide means of disposal of waste water to the satisfaction of the medical
officer of health, where the medical officer of health considers this
necessary having regard to all the circumstances;
(c) provide means for the effective disposal of all refuse to the satisfaction of
the medical officer of health;
(d) provide an adequate supply of water from a source approved by the medical
officer of health, and a supply of potable piped water at a rate of not less
than five gallons per head per day;
(e) provide water stand-pipes connected to piped water supplies in sufficient
numbers and in situations convenient to the occupiers;
(f) provide an adequate and accessible storage receptacle or receptacles for
potable water and keep them in good repair, clean and properly covered to
the satisfaction of the medical officer of health;
(g) keep all ditches, hedgerows and bushes clean of any litter or refuse;
(h) provide and maintain a register of the names and addresses of all persons
occupying tents or caravans on the site and the names and addresses of
the owners of all tents and caravans on the site, and keep such register
open to inspection by any authorized officer of the local authority at all
reasonable times;
(i) provide to the satisfaction of the local authority a means of access to and
from the site;
(j) ensure that no converted bus bodies or similar structures are permitted on
the site, and that all caravans on the site are properly mounted on wheels
and capable of being towed;
(k) not keep or suffer to be kept on such land any animals other than domestic
dogs and cats except with the written permission of the local authority;
(l) provide, to the satisfaction of the medical officer of health, a suitable hard
standing, of impervious material, for each tent or caravan:
Provided that, in the case of a camp established for the temporary use of national or
international organizations of a public nature approved by the Minister in that behalf by
notice in the Gazette, the local authority, on the advice of the medical officer of health,
may waive all or any of the requirements of this Rule.
(2) Any person who contravenes the provisions of paragraph (1) shall be guilty of an
offence against these Rules.
16. Any person who is guilty of an offence under these Rules shall be liable to a fine not
exceeding one thousand shillings and to a further fine not exceeding one hundred shillings
for each day during which he is in default after notice from the medical officer of health or
from the local authority.
[Rev. 2012] CAP. 242
Public Health
[Subsidiary]
189 [Issue 1]
BY-LAWS UNDER SECTION 126A
[L.N. 137/1965, Corr. No. 43/1965.]
These By-laws are not reproduced, since they are of local application. They may be
found in—
City of Nairobi (Building) (Amendment) By-Laws, 1965
[Rev. 2012] CAP. 242
Public Health
[Subsidiary]
191 [Issue 1]
PUBLIC HEALTH (MILK AND DAIRIES) RULES
ARRANGEMENT OF RULES
Rule
1. Citation.
2. Application.
3. Interpretation.
4. Dairies to be registered.
5. Local authority may register dairy outside district.
6. Provisions as to certificates of registration.
7. Application for registration.
8. Form of certificate of registration.
9. Premises to be suitable.
10. Dairy and cowshed requirements.
11. Milk not to be deposited in place where liable to become infected or contaminated.
12. Permitted number of cows to be painted on the doors of cowshed.
13. Dairies not to communicate with bedrooms, etc.
14. Thorough cleanliness to be maintained in dairies.
15. Requirements as to premises.
16. Occurrence of certain diseases in cattle to be notified.
17. Local authority may cancel certificate of registration in certain cases.
18. Milk purveyors to be licensed.
19. Licensed purveyor of milk to carry certificate of licence.
20. Provisions as to certificates of licence.
21. Application for certificate of licence.
22. Form of certificate of licence.
23. Licensed purveyors of milk must report changes as to employment.
24. Purveyor of milk to be healthy.
25. Delivery vehicles.
26. Local authority may cancel certificate of licence in certain cases.
27. Surplus milk from one or two milch cows sold to immediate neighbours.
28. Certain milk not to be sold.
29. Use of infected milk for feeding animals.
30. Infected persons not to enter dairies or handle milk or milk vessels.
31. Outbreak of disease to be notified.
32. Outbreak of sickness attributable to milk.
33. Power to forbid sale or use of milk in certain cases.
34. Milk receptacles to be provided with approved covers.
35. Milk receptacles to be cleaned and of approved pattern.
36. Cleansing of person and clothing whilst handling or conveying milk.
37. Presumption.
38. Revoked.
39. Comparative records of inspections and examinations.
40. Revoked.
CAP. 242 [Rev. 2012]
Public Health
[Subsidiary]
[Issue 1] 192
Rule
41. Offences.
42. Bovines not to be kept within thirty-five feet of a dwelling.
43. Information to be given when required as to place of production of milk.
44. Powers of entry and inspection.
45. Veterinary officer may enter premises and inspect milch cattle.
46. Veterinary officer may require milch cattle to be assembled for inspection.
47. Obstruction of officers.
48. Court may cancel certificate on conviction for offence.
49. General penalty.
50. Local authority may proceed against servant or agent.
51. Rules to apply mutatis mutandis to milk intended for human food other than cow’s
milk.
52. Rules not to apply to hotels, boarding houses, etc.
[Rev. 2012] CAP. 242
Public Health
[Subsidiary]
193 [Issue 1]
PUBLIC HEALTH (MILK AND DAIRIES) RULES
[Cap. 130 of (1948), Sub. Leg. L.N. 260/1956, L.N. 138/1959, L.N. 93/1960, L.N. 294/1979.]
RULES UNDER SECTION 134
1. Citation
These Rules may be cited as the Public Health (Milk and Dairies) Rules.
2. Application
The Minister may, by notice in the Gazette, declare that on and after a specified date
the whole of these Rules, or specified provisions thereof, shall apply to the whole or a
specified part of the district of any local authority (hereinafter referred to as the local
authority).
[L.N. 138/1959, r. 2.]
3. Interpretation
In these Rules—
“common carrier” means any person, including any government railway
administration and any railway company, engaged in the business of transporting for
hire property from place to place by land or inland navigation for all persons
indiscriminately;
“cowshed” means any shed, stable or other premises in which a cow or cows are
kept or accommodated;
“purveyor of milk” means any person, other than the Government, in possession
or occupation of or keeping any dairy, or who sells milk or exposes, deposits or
conveys milk for the purpose of sale, or who delivers milk or causes milk to be
delivered for or in the process of sale, whether on private premises or in any street or
other public place, and whether on his own account or as agent for or servant of any
other
person;
“registered dairy” or “registered premises” means any premises, or part
thereof, in respect of which a certificate of registration of such premises or part thereof
as a dairy has been issued by the local authority;
“registered dairyman” means any person to whom a certificate of registration of
any premises as a dairy has been issued by the local authority;
“sanitary inspector” means a sanitary inspector in the employment of the
Government and appointed by the Director of Medical Services to act as such within
the district of the local authority.
4. Dairies to be registered
(1) No person shall, within the district of the local authority, use any premises as a
dairy unless such premises have been first registered by such local authority as a
registered dairy and unless such person is in possession of a certificate to that effect in
force and current for the time being which has been issued to him by such local authority;
and any person using any premises as a dairy within the district of such local authority
without having the same first registered as such and without being in possession of a
certificate as aforesaid shall be guilty of an offence.
(2) For the purposes of these Rules, the person by whom the business of a dairy is
actually being carried on and supervised on any premises shall be deemed to be the
person using such premises as a dairy.
CAP. 242 [Rev. 2012]
Public Health
[Subsidiary]
[Issue 1] 194
5. Local authority may register dairy outside district
The local authority may, if it thinks fit and subject to the provisions of these Rules,
issue a certificate of registration as a dairy in respect of any premises situate outside its
district, where the person by whom the business of dairy is actually being or is to be
carried on and supervised on such premises makes written application to the local
authority for a certificate of registration of such premises as a dairy:
Provided that every such written application for a certificate of registration as a dairy
of any premises situate outside the district of the local authority shall be accompanied by
the consent in writing of the applicant and of the owner of such premises to the inspection
at all reasonable times by the medical officer of health or a sanitary inspector or any duly
authorized officer of the local authority of such premises, and to be subject to and observe
and comply with such provisions of these Rules and to such other rules and regulations of
the local authority as the local authority on the report of the medical officer of health may
consider necessary.
6. Provisions as to certificates of registration
(1) Every certificate of registration of any premises as a dairy issued under these
Rules shall expire on the 31st December of the year for which it has been granted:
Provided that the local authority issuing such certificate of registration shall have the
option in any case to grant such certificate for a period of six months, which shall be valid
till the 30th June or, if issued after the 30th June, till the 31st December, next following its
date only.
(2) In respect of every certificate of registration of any premises as a dairy issued
under these Rules, a fee shall be payable to the local authority; the fee for a certificate of
registration for a period of six months shall be five shillings and for an annual certificate of
registration ten shillings.
(3) A certificate of registration of any premises as a dairy shall not be issued to any
person other than the person by whom the business of a dairy is actually to be carried on
and supervised upon such premises, and a certificate so issued shall not be transferable
from the person to whom it was issued to any other person without the previous
permission in writing of such local authority, and no such certificate permission shall in any
case be transferable from the premises in respect of which it was granted to any other
premises.
7. Application for registration
Every person desiring a certificate of registration of any premises as a dairy under
these Rules shall make application to the local authority of the district in which such
premises are situate, either in writing or otherwise, and shall supply the following
information on request—
(a) the name, address and occupation of the applicant;
(b) the situation of the premises in respect of which the certificate of registration
is desired;
(c) a full description and particulars of the premises;
(d) any other information required by such local authority or medical officer of
health.
8. Form of certificate of registration
The certificate of registration of any premises as a dairy issued under these Rules
shall be in such as shall from time to time be determined by the local authority, and shall
specify—
(a) the name of the person to whom the certificate of registration is issued;
[Rev. 2012] CAP. 242
Public Health
[Subsidiary]
195 [Issue 1]
(b) the situation of the registered premises;
(c) the number of cowsheds (if any);
(d) the maximum number of cows allowed in each cowshed at any one time;
(e) the date when such certificate of registration expires.
9. Premises to be suitable
No certificate of registration of any premises as a dairy shall be issued by the local
authority to any person unless the premises in respect of which a certificate of registration
is applied for are, in the opinion of the local authority on the report of the medical officer of
health, suitable for the purpose of such registration in respect of drainage, lighting,
ventilation, locality, construction, accommodation and general sanitation, and unless the
requirements of these Rules and all such other regulations, orders or rules as may be
applicable to dairies are complied with in respect of the premises to be used as a dairy:
Provided that notwithstanding anything contained in these Rules it shall be lawful
for the local authority, on the report of the medical officer of health, to relax such
provisions of these Rules as it may deem fit, with respect to premises from which milk is
not supplied otherwise than in receptacles which are properly closed and sealed on
delivery to the premises and which remain properly closes and sealed during the whole
time from their delivery to the premises until their removal by the purchaser.
10. Dairy and cowshed requirements
No certificate of registration of any premises as a dairy under these Rules shall be
issued by the local authority unless the following are provided, and after the issue of such
certificate of registration there shall at all times during the period thereof be provided and
maintained by the registered dairyman—
Ventilation of cowsheds
(a) with respect to any cowshed—
(i) proper and effective ventilation of such cowshed by means of a
sufficient number of ventilating apertures of adequate size and
suitable construction in the proportion of not less than three square
feet of ventilating aperture per animal;
Lighting of cowsheds
(ii) proper and effective lighting of such cowshed in the proportion of
three square feet per animal by means of unobstructed windows,
cap-able of being fully opened, and so placed as to secure proper
lighting of every part of such cowshed;
Air and floor space in cowsheds
(iii) in such cowshed for each animal an air space of not less than five
hundred cubic feet and a floor space of not less than fifty square feet,
and such internal arrangements as ensure that all animals
accommodated therein may be kept in clean and healthy conditions;
Floors of cowsheds
(iv) when so required by the local authority, an impervious floor of cement
concrete, or other equally suitable material, or of stone set in mortar
with joints grouted and flushed level with cement, such floor to be
properly graded to a manure channel, not less than twelve inches
wide and from four to six inches deep, with rounded corners, and with
a fall in the floor of the channel towards the outlet of two inches in
every ten feet;
CAP. 242 [Rev. 2012]
Public Health
[Subsidiary]
[Issue 1] 196
Drainage of cowsheds
(v) when so required by the local authority, for the reception and carrying
off of the liquid manure of such cowshed, a properly trapped gully
fixed outside such cowshed and connected to a public sewer, where
such is available, and where such is not available drain the liquid
manure shall be carried off by a suitable drain or pipe, and
adequately and efficiently disposed of without creating a nuisance
and to the satisfaction of the medical officer of health, the junction of
the manure channel and the said drain or pipe being suitably
protected;
Milking room or enclosure for cowsheds
(vi) when so required by the local authority, a room or suitable enclosure
in which to milk cattle, such room or enclosure to be adequately
protected against dust, to be well lighted and ventilated, to be
provided with an impervious floor suitably graded towards a
satisfactory outlet, and to be adequately and efficiently drained;
Manure receptacle for cowsheds
(vii) when so required by the local authority, a suitable receptacle in which
to deposit manure and other refuse, which shall be at least fifty feet
distant from any milking shed, milk store or place in which milk
vessels or utensils are stored and from any dwelling, such receptacle,
when so required by the local authority, to be effectively protected
against flies;
(b) with respect to all dairies—
Wholesome and adequate water supply for dairies
(i) a wholesome and conveniently accessible water supply in sufficient
quantity for all purposes connected with such dairy, including the
cleansing of all utensils and appliances;
Impervious floor for dairies
(ii) when so required by the local authority, an impervious floor to the
whole or any part of such dairy premises constructed to the
satisfaction of the local authority;
General requirements for dairies
(iii) proper and sufficient lighting and ventilation and proper
accommodation and arrangements for safeguarding the milk and milk
products from contamination by flies, vermin, dust or other impurities;
Storage for milk vessels
(iv) suitable and sufficient accommodation outside any dwelling or
cowshed, stable or other place where animals are accommodated, for
the washing and storing when not in use of all milk receptacles and
dairy utensils;
Sterilizing of milk vessels
(v) suitable apparatus and arrangements for the sterilizing of all bottles,
cans and other receptacles for milk, and dairy utensils;
Store room for milk
(vi) when so required by the local authority, a room, known as a milk
room, to be used solely for the purpose of straining, bottling, canning
or keeping therein milk and clean milk vessels only; such room to be
[Rev. 2012] CAP. 242
Public Health
[Subsidiary]
197 [Issue 1]
adequately protected against dust and effectively protected against
flies, and to be provided with an impervious floor properly graded to a
suitable outlet;
Drainage of dairies
(vii) proper, sufficient and effective drainage of such premises;
Refuse bin to be provided.
(viii) a proper and sufficient refuse bin fitted with a good and efficient lid of
such a pattern and constructed of such materials as meet with the
approval of the local authority;
Accommodation and facilities for persons living or working in dairies
(ix) suitable and sufficient housing, washing and sanitary accommodation
for any person or persons living in or employed on such dairy
premises.
11. Milk not to be deposited in place where liable to become infected or contaminated
No registered dairyman shall, upon his registered premises, deposit, store or keep or
permit to be deposited, stored or kept, any milk intended for sale—
(a) in any room or place where such milk would be liable to become infected or
contaminated by impure air, or by any offensive, noxious or injurious gas,
emanation, exhalation, effluvium or substance;
(b) in any room used as a kitchen or as a living, sleeping or work room;
(c) in any room or building or part of a building communicating directly, by door,
window or otherwise, with any sanitary convenience or urinal, or with any
room used as a sleeping room or in which there may be any person
suffering from any infectious or contagious disease, or which may have
been used by any person suffering from any such disease and which may
not have been properly disinfected thereafter to the satisfaction of the
medical officer of health;
(d) in any room or building or part of a building in which there may be any direct
inlet to any sewer, drain or cesspool;
(e) in any milk vessel not properly covered so as effectually to prevent the
contamination of the milk contained therein; or
(f) in any milk vessel which has not been thoroughly cleansed and sterilized
since the last occasion of use and which is not in a thoroughly clean
condition at the time of use.
12. Permitted number of cows to be painted on the doors of cowshed
In the case of any cowshed connected with a registered dairy, the registered dairyman
shall paint and maintain, or cause to be painted or maintained, on the door or on the
outside wall and close to the door of every cowshed, in legible figures not less than three
inches square, the maximum number of cows permitted by his certificate of registration to
be stabled or accommodated in such cowshed at any one time, and no registered
dairyman shall stable or accommodate or permit to be stabled or accommodated in any
such cowshed on his registered premises any bovine in excess of the maximum number
of cows as specified in his certificate of registration permitted to be stabled or
accommodated in such cowshed.
CAP. 242 [Rev. 2012]
Public Health
[Subsidiary]
[Issue 1] 198
13. Dairies not to communicate with bedrooms, etc.
No dairy shall communicate directly with any bedroom, sanitary convenience or urinal,
and no dairyman shall use or permit to be used such dairy for keeping, storing, purveying
or selling kerosene oil, fish or any other substance which, in the opinion of the medical
officer of health, would be injurious to the milk or milk products.
14. Thorough cleanliness to be maintained in dairies
Every registered dairyman shall, upon his registered premises—
(a) at all times maintain the whole of his registered premises in a thorough state
of cleanliness and ventilation;
(b) cause the floor of every cowshed, and the floor of every room or enclosure
in which milk or milk products are deposited, stored or sold, or in which milk
vessels or utensils are stored, to be thoroughly cleansed before ten o’clock
in the morning of each day and every day;
(c) cause every place and the surroundings thereof where milking takes place
to be kept in a thorough state of cleanliness, and cause adequate
precautions to be taken to prevent contamination of milk by flies, dust or
otherwise;
(d) cause the manure from any cowshed to be removed at least twice in every
twenty-four hours from such cowshed, and cause the manure so removed
from such cowshed to be entirely removed from his registered premises at
least once in every forty-eight hours and suitably disposed of;
(e) cause adequate measures to be taken to prevent liquid manure from
overflowing on to or saturating the ground under or around any cowshed;
(f) cause the ceiling or inner surface of the roof (except a roof constructed of a
material such as to render lime-washing unsuitable), exposed roof-timber,
posts and stalls, and the inner surface of every wall of such dairy, including
any cowshed (excepting so much as may be painted or tarred or covered
with a material such as to render lime-washing unsuitable and as may be
otherwise properly cleansed), to be thoroughly cleansed down and then
lime-washed at least four times in each year, viz., in the months of January,
April, July and October, and at such other time as may be required by the
medical officer of health, and cause all ceilings, walls and ledges of such
premises to be swept down and kept free from dust, dirt and cobwebs at all
times;
(g) cause all vessels, utensils and appliances used in such dairy, including any
cowshed, to be kept in good repair and effectively clean to the satisfaction
of the medical officer of health, and for the latter purposes to be cleaned
and sterilized in accordance with the following provisions, and to be stored
in such manner to remain clean until used—
(i) all vessels, utensils and appliances shall, as soon after use as is
practicable, be thoroughly rinsed and washed with or without
detergents and, before use again, shall be scalded with boiling water
or steam or otherwise effectively cleansed with a chemical agent
approved by the Minister;
(ii) if any agent or detergent has been used for cleansing any vessels for
milk, dairy utensils or appliances, the person using such agent or
detergent shall use all reasonable precautions to remove all trace
thereof from such vessels or milk and dairy utensils, before they are
again brought into contact with milk;
[Rev. 2012] CAP. 242
Public Health
[Subsidiary]
199 [Issue 1]
(h) take all proper and necessary precautions for preventing the infection of
contamination by dust, dirt, flies, vermin, effluvia or otherwise of any milk or
milk product, produced, stored, kept or deposited in such dairy, including
any cowshed.
[L.N. 193/1960, r. 3.]
15. Requirements as to premises
Every registered dairyman shall comply with the following requirements upon his
registered premises—
No sleeping or birds, etc., in dairies or cowsheds
(a) he shall not use or permit to be used any cowshed, or any room or rooms
used or adapted to be used for the keeping or storing of milk, milk products
or milk vessels or utensils, as a sleeping apartment for any human being or
for the accommodation of any poultry, pigeons or other birds, or for any
purposes injurious to the proper preservation of the cleanliness of the
building or of the milk, milk products or milk vessels or utensils therein or in
any manner likely to cause contamination of milk or milk products;
Keeping milk in cowsheds, etc.
(b) he shall not keep or store or permit to be kept or stored any milk or milk
products in any cowshed or stable;
Milk to be removed forthwith
(c) he shall, immediately after the process of milking, forthwith remove or cause
to be removed all milk to a proper milk room or such other room or place as
has been provided and adapted for the storage of milk;
Milk bottles not to be filled in cowsheds, etc.
(d) he shall not fill or permit to be filled in any cowshed, stable or sleeping
apartment any bottle, vessel or container intended for use in distributing or
purveying milk;
Only bovines to be kept in cowsheds
(e) he shall not use or permit to be used any cowshed for the keeping therein of
animals other than bovines, and each bovine, so far as air space is
concerned, shall count as a cow for the purposes of these Rules;
Accommodation to be kept clean
(f) he shall cause all housing, washing and sanitary accommodation provided
for or used by any person or persons living or employed on such dairy
premises to be maintained at all times in a clean and sanitary condition;
No grooming or sweeping during milking
(g) he shall not carry out or permit to be carried out in any cowshed any
grooming or sweeping or any feeding with dusty forage while, or
immediately before, milking is in progress;
No swine to be kept within one hundred feet of a dairy
(h) he shall not keep or permit to be kept any swine within one hundred feet of
any dairy or any cowshed or dwelling upon such registered premises, and
when a swine is kept on the said premises beyond that distance he shall
cause the styes and such other accommodation as may be provided for
such swine to be maintained in a thoroughly clean and sanitary condition,
and the drainage therefrom shall be disposed of in such manner as is
approved by the medical officer of health;
CAP. 242 [Rev. 2012]
Public Health
[Subsidiary]
[Issue 1] 200
Abstract of rules to be exhibited
(i) he shall, if so required by the local authority, affix or cause to be affixed and
maintained in such registered premises in a conspicuous and easily
accessible place a copy of these Rules or any prescribed abstract thereof
which may be supplied to him for that purpose by the local authority;
Grooming of cows, etc.
(j) he shall ensure that all cows kept by him are groomed daily and kept free
from accumulation of manure, mud or other filth;
Hairs on flanks, etc., to be clipped
(k) he shall ensure that the long hairs upon the flanks, udders and tails of all
cows kept by him are clipped and kept short;
Udders to be washed
(l) he shall ensure that the udders and teats of all cows kept by him are
washed clean and dried with a clean cloth immediately before milking, and
that the first stream from each teat is rejected;
Provision for washing hands
(m) he shall provide and keep or cause to be provided and kept at all times on
such registered premises a receptacle for clean water, and also soap and a
nailbrush for the purpose of cleansing the hands of every person employed
or engaged in milking cows, or in handling, conveying or selling milk;
Cleanliness of hands and clothing whilst milking
(n) he shall ensure that every person who milks a cow on such premises
washes his hands with soap and clean water, using a nailbrush,
immediately before commencing to milk such cow, and wears a clean
overall of a type to be approved by the medical officer of health, whilst so
employed, or is clad solely in a pair of clean shorts or trousers;
Cleanliness of hands and clothing whilst handling milk
(o) he shall ensure that every person employed or engaged on such premises
in handling, conveying or selling milk is clean as to his person, hands and
clothing whilst so employed or engaged.
16. Occurrence of certain diseases in cattle to be notified
Every dairyman shall forthwith notify or cause to be notified to the local authority in
respect of any cows or other animals in or on his dairy premises the occurrence recently
or at the time being in any such cow or other animal of any infectious or contagious
disease or any disease of, inflammation of, swelling of or discharge from the udder, or any
general wasting disease.
17. Local authority may cancel certificate of registration in certain cases
(1) If, at any time during the currency of a certificate of registration of any premises as
a dairy issued under these Rules, the sanitary conditions of the premises in respect of
which it has been issued are found to be such as are likely to render the milk liable to
contamination or infection in such a way as to be dangerous to the health of the
consumers, or in the opinion of the medical officer of health of the registered dairyman is
not carrying out any of the provisions of these Rules, the local authority by whom the
certificate of registration of such premises was issued may forthwith cancel such
certificate of registration, and refuse to issue a new certificate until the premises in respect
of which it was issued have been cleansed or placed in good sanitary condition, or until
the provisions of these Rules have been complied with.
[Rev. 2012] CAP. 242
Public Health
[Subsidiary]
201 [Issue 1]
(2) Such local authority may in like manner cancel the certificate of registration if the
milk is purveyed or delivered or distributed or conveyed from such premises in or into the
district of such local authority under conditions which render the milk liable to
contamination or infection, and may refuse to issue a new certificate until such conditions
have been rectified.
(3) Such local authority also may cancel the certificate of registration if the registered
dairyman refuses to allow any duly authorized officer to make an inspection of the
premises at any time during the currency of such certificate of registration, in accordance
with these Rules.
18. Milk purveyors to be licensed
No person shall, within the district of the local authority, carry on or be engaged in the
trade or business of a purveyor of milk without being first licensed as such and in
possession of a certificate to that effect in force and current for the time being from such
local authority, and any person who carries on or is engaged in the trade or business of a
purveyor of milk within the district of the local authority without complying with the
provisions of this rule shall be guilty of an offence:
Provided that, notwithstanding anything contained in these Rules, a person may
convey milk through the district of such local authority without being licensed as aforesaid
where such person proves to the satisfaction of such local authority that the milk so
conveyed is not for sale and not intended for sale within the district of such local authority,
or that he is conveying milk within the district solely in the capacity of a common carrier.
19. Licensed purveyor of milk to carry certificate of licence
(1) Every licensed purveyor of milk shall carry upon his person his certificate of
licence as a purveyor of milk whilst in any manner engaged in his business as a purveyor
of milk, and every licensed purveyor of milk shall, on request being made to him by the
medical officer of health or a sanitary inspector or any duly authorized agent of such
official or any duly authorized officer of the local authority, or any police officer of or above
the rank of Inspector, exhibit to any such officer or agent as aforesaid, for the purpose of
inspection, his certificate of licence as a purveyor of milk.
(2) Every licensed purveyor of milk who fails to carry upon his person his certificate of
licence as aforesaid, or who omits or refuses to exhibit his certificate of licence when
requested as aforesaid, shall be guilty of an offence.
20. Provisions as to certificates of licence
(1) Every certificate of licence issued to any person as a purveyor of milk under these
Rules shall expire on the 31st December of the year for which it has been granted.
(2) A fee of one shilling shall be payable to the local authority in respect of every
certificate of licence as a purveyor of milk issued under these Rules.
(3) No certificate of licence as a purveyor of milk shall in any case be transferable
from the licensee to any other person, and such certificate shall only be valid in the district
of the local authority issuing such certificate of licence.
21. Application for certificate of licence
(1) Every person desiring a certificate of licence as a purveyor of milk under these
Rules shall make personal application to the medical officer of health of the district in
which he intends to carry on the trade or business of a purveyor of milk, and shall supply
the following information on request—
(a) the name, address and occupation of the applicant;
(b) the name and address of the person (if any) by whom he is employed or to
be employed as a purveyor of milk;
CAP. 242 [Rev. 2012]
Public Health
[Subsidiary]
[Issue 1] 202
(c) the source of the applicant’s intended milk supply;
(d) the name and address of the person, if any, from whom the applicant
intends to purchase his milk supply;
(e) any other information required by the medical officer of health.
(2) Every such applicant shall, if so required by the medical officer of health, submit
himself to a medical examination.
22. Form of certificate of licence
The certificate of licence of any person as a purveyor of milk issued under these Rules
shall be in such form as shall from time to time be determined by the local authority, and
shall specify—
(a) the name of the person, including his registration number under the
Registration of Persons Act (Cap. 107) (if any), to whom the certificate of
licence is issued;
(b) the name and address of the person (if any) by whom he is employed or to
be employed as a purveyor of milk;
(c) any endorsement as to change in condition of employment as a purveyor of
milk;
(d) the date when such certificate of licence expires.
23. Licensed purveyors of milk must report changes as to employment
(1) Every licensed purveyor of milk shall, in the event of the occurrence of any of the
following circumstances in the carrying on of his trade or business as a purveyor of milk,
at once report the same to the local authority issuing his certificate of licence—
(a) any change of employer;
(b) any change from the condition of a purveyor of milk as an employee to that
of a purveyor of milk on his own account;
(c) any change from the condition of a purveyor of milk on his own account to
that of a purveyor of milk as an employee.
(2) On the report of any licensed purveyor of milk, to such local authority, of the
occurrence of any of the circumstances as are hereinbefore provided, such local authority
shall cause the certificate of such licensee to be endorsed accordingly, and any licensed
purveyor of milk who fails to report to such local authority the occurrence of any of the
aforesaid circumstances, or who continues to carry on the trade or business of a purveyor
of milk without having his certificate of licence endorsed in accordance with these Rules,
shall be guilty of an offence.
24. Purveyor of milk to be healthy
No certificate of licence of any person as a purveyor of milk shall be issued by the local
authority to any person where the medical officer of health has certified in writing that the
applicant for such a certificate is not a fit and suitable person, on medical grounds, to be
engaged in the trade or business of a purveyor of milk, or where such applicant has
refused to submit himself for medical examination when so required by the medical officer
of health.
25. Delivery vehicles
Every licensed purveyor of milk who himself or by his servant sells or distributes or
delivers for sale or in the process of sale milk from any vehicle or any carrier shall have
conspicuously inscribed on such vehicle or carrier his name and address, and he shall
[Rev. 2012] CAP. 242
Public Health
[Subsidiary]
203 [Issue 1]
further cause such vehicle or carrier to be kept in a thoroughly clean condition, and shall
not use it or permit it to be used for any purpose which may lead to the contamination or
infection of the milk carried or conveyed therein.
26. Local authority may cancel certificate of licence in certain cases
If, at any time during the currency of a certificate of licence to any person as a
purveyor of milk issued under these Rules, the person to whom the certificate of licence
has been issued—
(a) makes default in complying with any of the provisions of these Rules
relating to purveyors of milk;
(b) when required by any duly authorized officer to supply information which, by
virtue of his office and the powers conferred upon him under these Rules,
such officer is entitled to require, withholds or refuses such information or
knowingly gives false or misleading information;
(c) is certified by a medical officer of health to be not a fit and proper person, on
medical grounds, to be engaged in the trade or business of a purveyor of
milk; or
(d) refuses to submit himself to a medical examination when so required by the
medical officer of health,
the local authority issuing such certificate of licence may cancel the same and refuse to
issue a new certificate.
27. Surplus milk from one or two milch cows sold to immediate neighbours
Nothing contained in rules 4 and 18 shall be deemed to apply to any person selling or
supplying to his immediate neighbours the surplus milk of any milch cows kept for the
production of milk for his own use and consumption, where such person keeps not more
than two such cows.
28. Certain milk not to be sold
No dairyman, and no purveyor of milk, shall sell or prepare, expose, deposit, convey,
deliver or mix with any other milk, or permit to be prepared, exposed, deposited, conveyed
or delivered or mixed with any other milk for sale, milk—
(a) which has been or is likely to have been contaminated or exposed to any
infection or is in a condition likely or liable to prove unwholesome or
injurious or dangerous to the health of man;
(b) when presenting any marked deviation from the normal composition or
ordinary characters or appearances as regards colour, odour, taste or
general conditions;
(c) when produced by any animal manifestly the subject of constitutional, acute
or infectious or contagious disease, or suffering from any disease of,
inflammation of, swelling of or discharge from the udder, or any general
wasting disease, or by any animal not completely recovered from the febrile
state and other conditions incidental to parturition; or
(d) when produced by any animal at the time being or recently in any cowshed
or on any premises in which any animal is suffering or has recently suffered
from any infectious or contagious disease, or from any animal which has
otherwise recently been exposed to the infection of any such disease,
whether such animal is so suffering or not, until such time as the medical
officer of health certifies in writing that such milk is not likely to be
unwholesome, injurious or dangerous for human consumption.
CAP. 242 [Rev. 2012]
Public Health
[Subsidiary]
[Issue 1] 204
29. Use of infected milk for feeding animals
Nothing contained in rule 28 shall be taken as preventing the use of any such milk for
the purpose of feeding animals, provided that such milk has in every such case first been
thoroughly boiled, and has not been produced by any animal suffering from anthrax.
30. Infected persons not to enter dairies or handle milk or milk vessels
Every dairyman and every purveyor of milk shall by inquiry keep himself informed of
any sickness occurring amongst his employees or in any premises in which he or his
employees reside, and it shall not be lawful for any dairyman or purveyor of milk—
(a) knowingly to allow any person suffering from any contagious or infectious
disease, or who is living in any premises in which there is a case of
infectious or contagious disease, or who has recently been in contact with a
person so suffering, to milk cows or other animals or in any way to take part
in the production or distribution or storage of milk or milk products or to
enter his dairy premises; or
(b) if he himself is so suffering, or has recently been in contact with an infected
person or living in any infected premises as aforesaid, to milk cows or other
animals or in any way to take part in the production or distribution or storage
of milk or milk products, or to enter any dairy premises, until in each case all
danger therefrom of the communication of infection to the milk or milk
products or their contamination has, in the opinion of the medical officer of
health, ceased.
31. Outbreak of disease to be notified
Every dairyman and every purveyor of milk shall inform the medical officer of health
without delay of the occurrence of any infectious or contagious disease amongst any
persons residing or engaged or employed upon his dairy premises or amongst any of his
employees, and shall comply with all requirements of the medical officer of health for
disinfecting the premises and preventing the spread of such disease.
32. Outbreak of sickness attributable to milk
(1) Whenever the medical officer of health of any district is of opinion that the outbreak
or spread of sickness or disease within his district may be attributable to milk soldor
produced or purveyed or distributed by any dairyman or purveyor of milk, such dairyman
or purveyor of milk shall, on being required by the medical officer of health, exhibit for
inspection all invoices, accounts, books and other documents relating to the supply of
such milk, and shall furnish forthwith to such medical officer of health—
(a) a full and complete list of the names and addresses of the customers or
persons supplied with milk by such dairyman or purveyor of milk; and
(b) a full and complete list of the names and addresses of the persons from
whom and of the situation of the places from which, during a period to be
specified by the medical officer of health, the milk or any part of the milk
sold or distributed by such dairyman or purveyor of milk was obtained.
(2) Any dairyman or purveyor of milk who fails to comply with the provisions of
paragraph (1) shall be guilty of an offence.
33. Power to forbid sale or use of milk in certain cases
If it appears to the medical officer of health, or to the local authority on the certificate of
such medical officer of health, that the consumption of any milk or milk products from any
source within or outside the district of such local authority or such medical officer of health
is likely to cause the outbreak or spread of infectious or contagious disease, such local
authority or such medical officer of health may forthwith prohibit the introduction or
[Rev. 2012] CAP. 242
Public Health
[Subsidiary]
205 [Issue 1]
distribution or storage or sale or use within their district of such milk or milk products for a
period to be specified by such local authority or such medical officer of health, and any
person introducing or distributing or storing or selling or using within the district of such
local authority or such medical officer of health any milk or milk products in contravention
of any such prohibition shall be guilty of an offence.
34. Milk receptacles to be provided with approved covers
Every registered dairyman and every licensed purveyor of milk shall provide and fit, or
cause to be provided and fitted, proper and efficient covers, lids or stoppers, of a material
and of a pattern to be approved by the local authority, to all bottles, cans, churns or other
receptacles used or intended to be used for receiving, storing, conveying, delivering or
distributing milk for sale or intended for sale.
35. Milk receptacles to be clean and of approved pattern
No registered dairyman, and no licensed purveyor of milk, shall—
(a) use or permit to be used for receiving the milk from any animal any
receptacle which is not of a material or pattern approved by the local
authority; or
(b) sell, or offer or expose or deposit for sale, or have in his possession for the
purpose of sale or delivery or distribution for or in the process of sale, any
milk in a bottle or can or churn or other receptacle which is not of a material
and pattern approved by the local authority, or which by reason of its
condition cannot be rendered clean and sanitary by washing by steam or
boiling water or an approved chemical agent, or which has not been
thoroughly cleansed and sterilised with steam or boiling water or an
approved chemical agent before each occasion of use or refilling, or which
is unclean; or
(c) use or permit to be used in connexion with any approved receptacle for milk
any stopper, lid or cover which is not of a material or pattern approved by
the local authority, or which is unclean or liable, owing to its condition, to
cause contamination of the milk contained in such receptacle, or which has
not been thoroughly cleansed or sterilised in the manner described in
paragraph (b) before each occasion of use.
[L.N. 93/1960, r. 4.]
36. Cleansing of person and clothing whilst handling or conveying milk
Every dairyman and every purveyor of milk shall ensure that, when he himself or when
on his behalf any other person handles, conveys, distributes, delivers or sells milk, he
shall be clean as to his hands, person and clothing whilst so employed or engaged, and
any dairyman or purveyor of milk who fails to ensure that the provisions of this Rule are
complied with shall be guilty of an offence.
37. Presumption
Any milk found in the possession of any dairyman or purveyor of milk, or in any dairy
premises, or in any vehicle or carrier or milk vessel in the possession or use of any
dairyman or purveyor of milk, shall be deemed to be intended for sale for human
consumption until the contrary shall have been proved to be the case by such dairyman or
purveyor of milk.
38. Revoked by L.N. 294 of 1979, r. 2.
39. Comparative records of inspections and examinations
(1) The local authority may from time to time compile comparative records of—
(a) the results of inspection made by the medical officer of health, or sanitary
inspector, of all or any dairies registered by such local authority, the record
CAP. 242 [Rev. 2012]
Public Health
[Subsidiary]
[Issue 1] 206
of such inspections to be ascertained by such methods as the medical
officer of health may from time to time decide upon;
(b) the result of chemical and bacteriological examinations, made by the
Government analyst and Government bacteriologist respectively, of the milk
sold within the district of such local authority, or exposed, deposited or
conveyed for the purpose of sale within the district of such local authority, or
delivered for or in the process of sale within the district of such local
authority, by all or any purveyors of milk, or dairymen, whether such milk is
produced at a dairy situated within or without the district of the local
authority, and whether the said purveyors of milk or dairymen are carrying
on or are engaged in the business of purveyors of milk or dairymen within or
outside the district of such local authority.
(2) Such local authority may from time to time publish such comparative records,
together with the names of the respective dairymen and purveyors of milk, or such
portions of such comparative records with names as such local authority may deem
necessary, for public information, either by publication in any newspaper circulating within
the district of such local authority or by affixing the same to any notice board or boards of
such local authority, or by such other means as such local authority may from time to time
decide.
40. Revoked by L.N. 294 of 1979, r. 2.
41. Offences
Where a dairyman or a purveyor of milk is charged with an offence under these Rules,
he shall be entitled, upon information duly laid by him, to have any other person whom he
charges as the actual offender brought before the court at the time appointed for hearing
the charge; and if, after the commission of the offence has been proved, the dairyman or
the purveyor of milk proves to the satisfaction of the court—
(a) that he has used due diligence to enforce the execution of these Rules; and
(b) that the said other person has committed the offence in question without his
knowledge, consent or connivance,
that other person shall be convicted of the offence, and the dairyman or the purveyor of
milk shall be exempt from any fine, and the person so convicted shall, in the discretion of
the court, be also liable to pay any costs incidental to the proceedings.
42. Bovines not to be kept within thirty-five feet of a dwelling
(1) No person shall stable or otherwise accommodate any bovine animal within thirty-
five feet of a dwelling, such distances being measured in a straight line from the nearest
point of the stable or other place where such bovine is accommodated to the nearest point
of the dwelling.
(2) No person shall stable or otherwise accommodate any bovine animal within one
hundred feet of a dwelling (such distance being measured in a straight line from the
nearest point of the stable or other place where such bovine is accommodated to the
nearest point of the dwelling) unless the stable or other place where such bovine is or is to
be accommodated has been established as premises for or accommodating of a bovine
animal at the time of the application of this Rule.
(3) For the purposes of this Rule, where the owner or occupier of any stable or other
place where a bovine animal was accommodated at the time of the application of this Rule
fails to give written notice to the local authority within sixty days from the date of the
application of this Rule that he is the owner or occupier of premises established at the
time of the application of this Rule for the stabling or accommodating of a bovine animal,
such
[Rev. 2012] CAP. 242
Public Health
[Subsidiary]
207 [Issue 1]
stable or other place as aforesaid shall not be deemed to have been established as
premises for the stabling or accommodating of a bovine animal at the time of the
application of this rule.
43. Information to be given when required as to place of production of milk
Any dairyman, or any purveyor of milk, or any producer or consignee of any milk or
milk products, or any servant or agent of any such person or persons, who, when required
by the medical officer of health or sanitary inspector or any other person duly authorized
by the local authority to give information as to the place or places in which was produced
any milk or milk products stored, deposited, exposed, conveyed, distributed or intended to
be distributed for the purpose of sale, offered for sale, sold or in course of delivery for or in
the process of sale, withholds or refuses such information or knowingly gives false or
misleading information shall be guilty of an offence.
44. Powers of entry and inspection
The medical officer of health, sanitary inspector or any other person duly authorized by
the local authority may enter any dairy premises or any grazing ground where cows are
grazed, at any hour reasonable for the proper performance of the duty, for the purpose of
inspecting the premises and the cows, milk, milk products, receptacles for milk and
utensils kept therein, and the provisions made for keeping the same in good, clean and
sanitary condition, and of ascertaining whether the requirements of these Rules are being
observed, and the medical officer of health may examine any person resident on or
employed or engaged in or about any such premises for the purpose of ascertaining
whether such person is suffering from any infectious or contagious disease.
45. Veterinary officer may enter premises and inspect milch cattle
(1) A veterinary officer may enter at any time upon any premises in which any cow for
the production of milk for sale is kept or housed or milked and examine any cow or other
animal therein, and may milk any such cow or demand that any such cow be milked in his
presence, and may carry away any sample or samples of milk so obtained for the purpose
of examination, and, should there be reason to believe or suspect that any such cow or
animal is suffering from any contagious or infectious or other disease liable to render milk
produced by such cow or animal unwholesome or injurious or dangerous for human
consumption, may carry out such investigations including the inoculation of any such cow
or animal, as he may deem necessary to determine whether such cow or animal is
suffering from disease.
(2) Any dairyman who by the wilful act or default of himself or his servant fails to
render such veterinary officer all reasonable assistance in any such examination or
investigation as aforesaid, or in obtaining any sample or samples of milk as hereinbefore
provided, shall be guilty of an offence.
46. Veterinary officer may require milch cattle to be assembled for inspection
(1) A veterinary officer may, by written notice, require the owner or keeper of any
cows which are kept or used for production of milk for sale to assemble all such cows
upon his premises, under proper control, for the purpose of veterinary inspection, at a time
to be specified in the said notice, which shall not in any case be less than twenty-four
hours from the time of the service of such notice.
(2) Any such owner or keeper who by the wilful act or default of himself or his servant
fails to comply with such notice, and to render the said veterinary officer all reasonable
assistance, shall be guilty of an offence.
CAP. 242 [Rev. 2012]
Public Health
[Subsidiary]
[Issue 1] 208
47. Obstruction of officers
Any person wilfully obstructing the medical officer of health, veterinary officer, sanitary
inspector or any duly authorized agent of such officer, or any duly authorized officer of the
local authority, in the performance of his duties under these Rules shall be guilty of an
offence.
48. Court may cancel certificate on conviction for offence
On the conviction of any registered dairyman or licensed purveyor of milk for an
offence under these Rules, the court may, on the application of such local authority or
medical officer of health, cancel his certificate of registration or of licence, as the case may
be, and order that no new certificate shall be granted under these Rules to such person
for a period not exceeding two years from the date of such cancellation, and thereupon
such person shall become disqualified to hold a certificate during such period of
cancellation.
49. General penalty
Any person who is guilty of an offence under these Rules shall, where no penalty is
expressly prescribed, be liable to a fine not exceeding five hundred shilling or to
imprisonment for a term not exceeding two months or to both.
50. Local authority may proceed against servant or agent
Where it appears to a local authority that an offence has been committed in respect of
which proceedings might be taken under these Rules against a dairyman or a purveyor of
milk, the local authority shall, if reasonably satisfied that the offence of which complaint is
made was due to an act or default of a servant or agent of such dairyman or purveyor of
milk without his knowledge, consent or connivance, and that he has used due diligence to
enforce the execution of these Rules, take proceedings against the servant or agent
without first proceeding against such dairyman or purveyor of milk.
51. Rules to apply mutatis mutandis to milk intended for human food other than
cow’s milk
The foregoing rules of these Rules shall mutatis mutandis apply to the sale or
production, collection, storing, keeping, preparation, delivery, conveying, transmission or
exposure for sale of milk intended for human consumption from any animal other than a
cow, and to the keeping of any such animal for the production of such milk.
52. Rules not to apply to hotels, boarding houses, etc.
Nothing in these Rules shall be deemed to apply to hotels, boarding-houses or other
like premises, where milk is sold or prepared for sale only to persons dwelling on the
premises, or to apply to persons so selling or preparing milk.
[Rev. 2012] CAP. 242
Public Health
[Subsidiary]
209 [Issue 1]
APPLICATION OF THE ABOVE RULES UNDER RULE 2
[Cap. 130 of (1948), Sub. Leg., G.N. 433/1949, G.N. 729/1951, G.N. 1242/1951, G.N. 1413/1951,
G.N. 163/1952, G.N. 819/1952, G.N. 577/1954, L.N. 24/1956, L.N. 25/1956, L.N. 218/1959,
L.N. 540/1960, L.N. 396/1961, L.N. 217/1964, L.N. 178/1965, L.N. 285/1966, L.N. 349/1966, L.N.
255/1967, L.N. 24/1976.]
The whole of the Public Health (Milk and Dairies) Rules have been applied to the
following areas—
Eldoret Municipality;
[Cap. 130 of (1948), Sub. Leg.]
Kisumu Municipality;
Nairobi Municipality;
Nakuru Municipality;
[G.N. 433/1949.]
Kitale Municipality;
Nyeri Township;
[G.N. 729/1951.]
Nanyuki Township;
[G.N. 1242/1951.]
Machakos Township;
[G.N. 1413/1951.]
Kapsabet Township;
[G.N. 163/952.]
Kericho Township;
[G.N. 577/1954.]
County of Nairobi;
[L.N. 24/1956.]
The district of the Nyanza North Rural District Council;
[L.N. 25/1956.]
The district of the Thomson’s Falls Urban District Council;
[L.N. 218/1959.]
Kiambu Township;
[L.N. 540/1960.]
Limuru Trading Centre, within the district of the Kiambu African District Council;
Malindi Township;
[L.N. 396/1961.]
The County of Nyandarua;
The County of Murang’a;
[L.N. 217/1964.]
Kisii Urban Council area;
[L.N. 178/1965.]
The County of Nyeri;
Meru Urban Council area;
Karatina Urban Council area;
[L.N. 285/1966.]
CAP. 242 [Rev. 2012]
Public Health
[Subsidiary]
[Issue 1] 210
Kakamega Urban Council area;
[L.N. 349/1966.]
Narok Township;
Nairagie Ngare Trading Centre;
Kilgoris Trading Centre;
Ololunga Trading Centre;
[L.N. 255/1967.]
The County Council of Kwale;
The County Council of Kilifi;
The County Council of Taita/Taveta;
The County Council of Kiambu;
The County Council of Trans Nzoia;
The County Council of Elgeyo Marakwet;
The County Council of Nandi;
The County Council of Kipsigis;
The County Council of Nakuru;
The County Council of Laikipia;
The County Council of Wareng.
[L.N. 24/1976.]
The following provisions of the Public Health (Milk and Dairies) Rules have been
applied to the following areas—
Mombasa Municipality: all except rule 27;
[Cap. 130 of (1948), Sub. Leg.]
Kakamega Township: rules 3, 18-24, 26, 28, 30-38, 40, 43, 44, 47 and 48;
Embu Township: rules 3, 18-24, 26, 28, 30-38, 40, 43, 44, 47 and 48;
[G.N. 819/1952.]
Kisii District: the whole of the rules, except rules 12, 25 and 42;
[L.N. 178/1965.]
The County of Kirinyaga: the whole of the Rules, except rule 27.
[L.N. 285/1966.]
[Rev. 2012] CAP. 242
Public Health
[Subsidiary]
211 [Issue 1]
CHEMICAL AGENTS APPROVED UNDER RULE 14(G)(I) OF THE ABOVE RULES
[L.N. 218/1964, L.N. 345/1964, L.N. 260/1965.]
Benzalkonium Chloride.
[L.N. 218/1964.]
Iosan.
[L.N. 345/1964.]
Mikotox.
[L.N. 260/1965.]
[Rev. 2012] CAP. 242
Public Health
[Subsidiary]
213 [Issue 1]
PUBLIC HEALTH (MEAT INSPECTION) RULES
[L.N. 14/1956.]
1. These Rules may be cited as the Public Health (Meat Inspection) Rules.
2. In these Rules, unless the context otherwise requires—
“carcass” includes any part of a carcass and its viscera;
“code of practice” means the code of practice of meat inspection set forth in the
Schedule;
“designated place” means any abattoir, slaughterhouse or other places declared
to be such under rule 3;
“health inspector” means any health inspector appointed by the Government
holding the certificate of the Royal Sanitary Institute (England), or the Royal Sanitary
Association of Scotland, for inspectors of meat and other foods;
“inspecting officer” means any medical officer of health, veterinary officer or
health inspector, and includes any other person duly authorized by any of the said
persons to assist him for the purposes of these Rules;
“medical officer of health” means the medical officer of health for the area in
which the designated place concerned is situated;
“veterinary office” means a veterinary surgeon in the service of the Government.
3. The Minister may, by notice in the Gazette, declare any abattoir, slaughterhouse or
other place where livestock is slaughtered for the purpose of human consumption to be a
designated place for the purpose of these Rules.
4. Except in an emergency, any person who slaughters at a designated place any
livestock which has not previously been inspected by a veterinary officer in accordance
with the code of practice shall by guilty of an offence against these Rules.
5. Any person who parts with the possession or control of the carcass of any livestock
slaughtered at a designated place, being a carcass which has not before such parting with
possession or control been inspected in accordance with the code of practice by a medical
officer of health, veterinary officer or health inspector, shall be guilty of an offence unless it
is shown to the satisfaction of a medical officer of health, veterinary officer or health
inspector that the carcass is not intended for human consumption.
6. It shall be lawful for the medical officer of health or any veterinary officer or health
inspector to detain and to order the disposal or destruction of any livestock or carcass
which, in his opinion, is unfit for human consumption.
7. Any person, other than an inspecting officer, who attaches, removes or alters any tag,
token or mark, used in the process of inspection of any livestock or carcass under the
code of practice, from such livestock or carcass shall be guilty of an offence.
8. Any person who removes or disposes of any livestock or carcass which has been so
marked or tagged except with consent or in accordance with the instruction of a medical
officer of health, veterinary officer or health inspector shall be guilty of an offence.
9. Any person who obstructs or hinders an inspecting office acting in the course of his
duties as such shall be guilty of an offence.
CAP. 242 [Rev. 2012]
Public Health
[Subsidiary]
[Issue 1] 214
10. Any person who is guilty of an offence under these Rules shall be liable to a fine not
exceeding two thousand shillings.
11. These Rules shall not apply so as to interfere with the operation or effect of the
Animal Diseases Act (Cap. 364) or anything lawfully done thereunder.
SCHEDULE
[Rule 2.]
CODE OF PRACTICE OF MEAT INSPECTION
1. Ante-mortem inspection
(1) All cattle, sheep, swine and goats shall be inspected ante-mortem except in
cases of emergency.
(2) No animal which has entered the yards or lairages shall be removed therefrom,
whether for slaughter or otherwise, unless permission in writing has been granted by the
inspecting officer.
(3) The ante-mortem inspection shall be carried out if possible on the unloading
ramp or in lairages, provided the latter have ample natural light.
(4) During the inspection the following details shall be noted—
(a) disease symptoms which may influence the general health of the animal or
depreciate the meat;
(b) the presence of notifiable infectious diseases or symptoms which may
suggest that such disease is developing; and
(c) species, sex, colour, age, behavior and body temperature.
(5) In particular attention shall be paid to the following—
(a) condition of nutrition;
(b) manner of standing and walking;
(c) reaction to environment;
(d) hide, skin and hair;
(e) digestive system (lips, mouth, anus, rumination, quality of faeces and
appetite);
(f) vulva, vagina and mammary gland; and
(g) respiratory system (nasal openings and respiration).
2. Suspect animals
(1) Every animal suspected on ante-mortem inspection shall be set apart and tagged
as a “SUSPECT”, and slaughtered either in the casualty block or when the killing of the
normal animals has been completed.
(2) Any inspecting officer carrying out the ante-mortem inspection shall notify in
writing the officer in charge or the officers on the killing floor of the reason why the animal
has been classed as “SUSPECT”.
3. Condemned animals
Any animal showing on ante-mortem inspection a disease or condition that would
necessitate condemnation of the carcass on post-mortem inspection shall be tagged as
“CONDEMNED”.
[Rev. 2012] CAP. 242
Public Health
[Subsidiary]
215 [Issue 1]
4. Killing of condemned animals
Animals tagged as “CONDEMNED” shall, if not already dead be killed in the post-
mortem room only, and shall not be conveyed into any department of the establishment
used for edible products.
Post-mortem Inspection
5. General provisions: Preparation for inspection
(1) The post-mortem inspection shall follow as soon as possible after the slaughter
of the animal, except in cases of emergency slaughter.
(2) The carcass shall not be cut up into quarters until the inspecting officer has
carried out his examination.
(3) All hair, scurf and dirt, and hoofs and claws, shall be removed from pig
carcasses, and the carcasses shall be thoroughly washed and cleaned before any incision
is made for inspection or evisceration.
(4) When a carcass is to be dressed with the skin or hide left on, the skin or hide
shall be thoroughly washed and cleaned before any incision is made for the purpose of
removing any part thereof or evisceration, except that where calves are slaughtered by the
Jewish or Mohammedan method the heads shall be removed from the carcasses before
washing of the carcass.
(5) No serious membrane shall be removed nor shall any evidence of disease be
modified or obliterated by washing, scraping or stripping or in any other manner before
inspection by an authorized officer.
(6) (a) The organs of the abdomen, pelvis and thorax shall be removed and the
tongue in calves and pigs.
(b) The head and feet may be cut off, if so desired, from cattle, sheep and goat
carcasses.
(c) Ears, eyes, sexual organs, the navel in pigs and the anus shall be removed
immediately.
(7) If several animals of the same species are slaughtered together, the parts and
organs removed from a carcass shall be kept beside that carcass or otherwise marked to
enable their identification with the carcass from which they have been removed.
(8) No part or organ shall be removed without the knowledge and permission of the
inspecting officer before the inspection of the carcass and viscera is fully completed.
6. Duties of inspecting officer
(1) Every inspecting officer shall possess at least two knives, which shall be kept in
clean condition; and knives which are soiled by diseased matter shall not be used until
they have been properly cleaned and disinfected.
(2) Every inspecting officer shall incise all the organs and parts of a carcass as
provided herein; and if the routine incisions are not sufficient to reach a diagnosis the
inspecting officer may incise other parts or demand the cutting up of the carcass.
(3) When incising diseased parts, every inspecting officer shall avoid contaminating
the healthy parts of the carcass or organs, and the floor and other parts of the premises.
(4) (a) Any carcass, organ or part retained for further inspection or bacteriological
examination shall be marked by the inspecting officer with a label stating “RETAINED”.
(b) The carcass, organ or part shall be removed to a detention room, where it will
remain until a final decision has been reached.
(c) The identity of every such retained carcass, organ or part shall be maintained
until the final inspection has been completed.
CAP. 242 [Rev. 2012]
Public Health
[Subsidiary]
[Issue 1] 216
(5) Where a slaughtered animal is found by the inspecting officer to be free from
disease, well nourished and in sound and wholesome condition, the carcass shall be
passed as fit for consumption, and shall be stamped by the inspecting officer with the
official mark of approval.
(6) The remainder of a carcass from which diseased parts have been taken by or
under the personal supervision of an inspecting officer shall be passed as fit for
consumption and stamped by the inspecting officer with the official mark of approval.
7. General principles of post-mortem inspection
(1) The carcass shall be examined visually to ascertain the following—
(a) condition of nutrition;
(b) evidence of bruising, haemorrhage, injuries or discoloration;
(c) efficiency of bleeding;
(d) local or general dropsy (oedema);
(e) abnormalities, swellings or deformities of bones, joints, muscles or other
tissues; and
(f) conditions of serous membranes (pleura and peritoneum).
(2) Viscera shall be examined either in situ or as they are removed from the carcass.
(3) Lymph nodes shall be examined by palpation and deep multiple, longitudinal
incisions (and if required they shall be removed for detailed inspection).
(4) The carcass muscles shall be inspected by viewing and incision.
(5) Any carcass, organ or part demanding a more detailed examination shall be
retained in accordance with the provisions of subparagraph (4) of paragraph 6.
(6) Any incision or excision shall be made if possible in such manner as not to impair
the market value of the carcass, organ or part.
8. Detailed instructions for routine inspection
A visual inspection, alone or together with palpation or incision of the following parts
or organs shall be carried out as a routine measure—
(a) blood—(note: colour, clotting, staining ability and presence of foreign matter);
(b) head—(pharynx, tongue, lips, sub-maxillary and retro-pharyngeal lymph
nodes);
(c) lungs—(trachea, bronchial and mediastinal lymph nodes);
(d) heart—(peri-, ecto- and endocardium—routine incision of heart muscle in
accordance with paragraph 9);
(e) diaphragm;
(f) liver—(surface and substance, bile ducts and lymph nodes);
(g) stomach and intestines—(omentum, mesentery and messenteric lymph
nodes);
(h) kidneys—(surface and substance, and if necessary renal lymph nodes);
(i) spleen—(incision only if necessary);
(j) uterus—(ovaries, vagina and vulva);
(k) testicles;
(l) mammary gland (supramammary lymph nodes);
(m) feet;
[Rev. 2012] CAP. 242
Public Health
[Subsidiary]
217 [Issue 1]
(n) muscles (routine incisions, see “detailed inspection of cattle, calves, etc.” in
paragraph 9);
(o) fat, connective tissue, bones, joints and tendon sheets; and
(p) carcass lymph nodes (routine inspection in accordance with paragraph 9).
9. Detail of inspection methods in cattle, calves, pigs and sheep
(1) CATTLE—visual inspection of gums and palate; visual inspection, palpation and
incision of tongue (ventral aspect-root), which should be loosened but not detached;
extensive incisions into the external and internal muscles of mastication, parallel to the
lower jaw; visual inspection of heart after opening of pericardium—if necessary an incision
into the heart muscle shall be made from the base to the apex (further incisions shall be
made if cysticercus bovis is suspected); visual inspection of oesophagus; visual inspection
of the muscles exposed during splitting of carcass; the following routine inspection shall
be made into each side: three incisions into the muscles of the shoulder proximal to the
elbow joint, one incision into the abductor muscle of the hind-quarter parallel to the
symphysis pelvis; any other incision or excision shall be permissible, without mutilation of
the carcass, if the presence of cysticercus bovis is suspected; the prescapular, external
and internal iliac, supramammary and renal lymph nodes shall be incised, the stomach,
intestines and mesenteric lymph nodes shall be viewed, the latter if necessary incised; the
liver shall be visually inspected, palpated and incised (an incision shall be made across
the thin left lobe); the adrenal glands shall be examined by observation; the udder shall be
incised and examined by observation and palpation; the outer surface of the uterus and
the substance of the uterus and of the ovaries shall be examined; if considered necessary,
the former shall be incised.
(2) CALVES—in addition to the foregoing, the navel and joints shall be examined by
observation and if necessary incised; the presence, consistency and colour of the fat
around the kidneys shall be noted; the skeletal muscles shall be viewed to ascertain their
colour and consistency; visual inspection and if necessary incision of all parts known to be
predilection sites for cysticercus bovis regardless of age of calf; visual inspection of
visceral surface of the liver.
(3) PIGS—the carcass shall be split before inspection; the sub-maxillary and
retropharyngeal lymph nodes shall be exposed and incised; lips and gums shall be
viewed; the tongue shall be detached from the head bones, palpated, viewed and incised;
the pericardium shall be opened up and the heart visually inspected and incised by one
cut stretching from the base to the apex; the leaf fat shall be detached and the kidneys
exposed (this may be omitted in export pigs for overseas); all exposed muscles shall be
visually inspected, especially the neck, loin and ham muscles as well as the fleshy part of
the diaphragm; the prescapular iliac, superficial inguinal and supramammary lymph nodes
shall be examined by palpation and if necessary incised; the gastro-splenic and
mesenteric lymph nodes shall be incised; incisions into the shoulder muscles may be
omitted.
(4) SHEEP AND GOATS—the lips, gums, tongue and nasal cavities shall be
examined as practicable; the prescapular, superficial inguinal, supramammary and
precrural lymph nodes shall be examined in detail; the lungs shall be viewed, palpated
and their basic lobes incised; the liver shall be viewed and palpated, and an incision shall
be made into the thickest portion of the organ or across the thin left lobe; the mammary
gland shall be examined by observation and palpation.
10. Inspection of lymph nodes and organs in “SUSPECT” carcasses
All carcass lymph nodes and organs shall be examined in detail in carcasses marked
“SUSPECT” during ante-mortem inspection and in carcasses derived from an emergency
slaughter.
CAP. 242 [Rev. 2012]
Public Health
[Subsidiary]
[Issue 1] 218
11. Bacteriological examination of carcasses from an emergency slaughter
(1) No carcass derived from an animal judged “SUSPECT” during ante-mortem
inspection or slaughtered in emergency shall be passed fit for human consumption unless
it has been proved by bacteriological examination to be free from infection with food
poisoning organisms, or if any of the following diseases or conditions have been
established—
(a) sheep pox, erysipelas, swine fever;
(b) bone fractures (without perforation of hide or skin);
(c) external injuries (without affecting the general health); foreign body in the
oesophagus (without perforation); prolapse of the uterus, bladder or rectum
provided slaughter has taken place immediately after the accident and no
complication or fever was recorded.
(2) Carcasses from which samples have been taken for bacteriological examination
shall be “RETAINED” under lock and key until a final decision can be reached.
12. Diseases and conditions rendering carcass unfit for human consumption
The carcass and viscera shall be judged unfit for human consumption if affected with
or showing lesions of any of the following diseases or conditions—
(i) anthrax;
(ii) abscesses, multiple;
(iii) anaplasmosis and redwater, save where the carcass is in good condition;
(iv) actinomycosis and actinobacillosis, generalized;
(v) blackleg;
(vi) bluetongue;
(vii) cystercercosis, generalized;
(viii) caseous lymphadenitis, if the carcass is in poor condition or the lesions are
either multiple, acute and actively progressive, or inactive but widespread;
(ix) decomposition, generalized;
(x) dropsy, generalized;
(xi) emaciation, pathological;
(xii) erysipelas, acute;
(xiii) east coast fever, save where the carcass is in good condition;
(xiv) foot-and-mouth disease;
(xv) heartwater, save if carcass in good condition and not feverish;
(xvi) immaturity, unborn or stillborn carcass;
(xvii) jaundice, if discoloration of the carcass is still present after 24 hours of
cooling, or if the carcass is in poor condition, or dropsical, or if an unpleasant
taste or smell is noted when carrying out the boiling or frying test;
(xviii) leptospirosis;
(xix) lukaemia;
(xx) mammitis, acute, septic;
(xxi) metritis, acute, septic;
(xxii) malignant catarrh;
(xiii) Nairobi sheep disease;
(xiv) paratyphus of pigs;
(xxv) parturient paresis, carcass judged according to its merits;
(xxvi) pneumonia, acute, septic;
[Rev. 2012] CAP. 242
Public Health
[Subsidiary]
219 [Issue 1]
(xxvii) pleurisy, acute, diffuse, septic;
(xxviii) pericarditis, acute, septic;
(xxix) peritonitis, acute, diffuse, septic;
(xxx) pigment formation, generalized;
(xxxi) polyarthritis;
(xxxii) rabies;
(xxxiii) rinderpest;
(xxxiv) salmonellosis, generalized;
(xxxv) sarcocystosis (misheriana), if the meat is watery and discoloured;
(xxxvi) septicaemia and pyaemia;
(xxxvii) tetanus;
(xxxviii) transit fever, save when carcass is in good condition;
(xxxix) trichinosis;
(xl) trypanosomiasis, save where the carcass is in good condition and does not
show lesions of fever and dropsy;
(xli) tuberculosis, if the carcass is emaciated or fevered owing to an acute blood
infection, or the lesions are generalized, extensive or acute or actively
progressive;
(xlii) tumours, generalized or malignant;
(xliii) unpleasant odour or taste; or
(xliv) swine fever.
13. Blood unfit for human consumption
Blood shall be unfit for human consumption when—
(i) the carcass and organs are condemned;
(ii) the carcass or organs are found to be affected with any infectious disease;
(iii) it is contaminated by stomach contents or other extraneous matter.
14. Affected part unfit for human consumption
(1) An organ or part of a carcass shall be unfit for human consumption if affected
with or showing lesions of the following diseases conditions—
(i) tuberculosis—
(a) the head, including the tongue shall be condemned if the
retropharyngeau, parotid and submaxillary lymph nodes, or any two of
these, show lesions;
(b) the mesentery and associated part of the intestines shall be
condemned if the mesenteric lymph nodes alone show lesions;
(c) the trachea as well as the larynx shall be condemned if the lungs or
associated lymph nodes show lesions;
(d) if muscle lymph nodes show lesions, all long bones in the respective
drainage area shall be removed and opened up; if a lesion is exposed,
all skeletal bones shall be destroyed and the muscles sterilized,
provided the carcass is in good condition; otherwise total condemnation
of the carcass shall be enforced;
(e) in the absence of any symptoms of an acute blood infection, and if
there are no lesions in the long bones, but muscle lymph nodes show
slight chronic lesions, the affected part only shall be sterilized;
CAP. 242 [Rev. 2012]
Public Health
[Subsidiary]
[Issue 1] 220
(ii) sarcocystosis (misheriana):
the affected muscles only shall be condemned, provided the infestation
is localised and the meat normal;
(iii) liver fluke, bladder worms, round worms, tape worms, etc:
Provided the affected part shall not be rejected when the lesions are
slight and not numerous and the part is not changed in structure and
appearance;
(iv) abscesses, abrasions, bruises, injuries, tumours, etc.:
Provided that the affected parts together with the surrounding tissues
shall be removed if the lesions are localized or encapsulated and the
regional lymph nodes or the general system does not show any
symptoms indicating spread of secondary infection;
(v) pleuro-pneumonia—
the lungs and pleura shall be condemned;
(vi) actinomycosis and actinobacillosis—
the affected parts and the corresponding lymph nodes shall be
condemned;
(vii) inflammation—
the diseased part only shall be condemned if the area is small and
localised and the regional lymph nodes or general system not involved;
(viii) malformations—
the affected parts shall be condemned;
(ix) diamond skin lesions (skin erysipelas);
the affected part or the whole skin shall be stripped and condemned;
(x) degeneration—
the affected organ or muscle shall be condemned;
(xi) pigmentation, calcification, infiltration haemorrhage or watery—
the affected parts shall be condemned;
(xii) decomposition superficial, moulds superficial, maggots, etc.—
the affected parts together with the surrounding tissues shall be
condemned;
(xiii) contamination (pus or inflammatory exudate)—
the contaminated part together with the surrounding tissues shall be
condemned;
(xiv) arthritis—
the affected parts shall be condemned.
15. A carcass conditionally fit for human consumption
A carcass shall be deemed conditionally fit for human consumption if infested with
cysteicercus bovis under the following conditions—
(a) any carcass showing 1-6 cysts or degenerated cysts shall be retained for 14
days in a temperature not above —10° C., or sterilized by heat in accordance
with paragraph 16 of this Schedule, and then released unconditionally for
sale on the market;
(b) any carcass of which the head or tongue, or thoracic or abdominal viscera,
are infested with one or more active cysts shall be retained, and treated and
released in accordance with subparagraph (a);
[Rev. 2012] CAP. 242
Public Health
[Subsidiary]
221 [Issue 1]
(c) any carcass showing 7-20 cysts shall be retained and treated in accordance
with subparagraph (a), but released condi-released conditionally as “contract”
meat only.
16. Treatment of conditionally fit carcass
Carcasses which have been declared conditionally fit shall be processed by either of
the following methods—
(a) sterilization by heat treatment, carried out by steaming, boiling or rendering—
(i) steaming, which entails heating by steam under moderate pressure
(7 lb. per square inch) in an autoclave for a period of not less than one
hour;
(ii) boiling, which entails heating in a closed or open vat at a temperature
of 76.6° C. for a period of not less than 2½ hours;
(iii) rendering, which entails cooking of pork fat and tallow for a time
sufficient to render them effectively into lard or tallow, provided all parts
of the product are heated to a temperature not lower than 76.6° C. for
a period not less than 30 minutes;
carcasses or parts subjected to heat treatment, preferably by steaming, shall
be cut up into pieces not greater than 6 inches in thickness; the sterilization
shall be regarded as adequate when the deeper portions of the meat have
assumed a grey colour in the case of beef or a greyish-white colour in the
case of pork, and where the muscle juice which exudes when the meat is cut
has lost its reddish tint; and the heat treatment shall be carried out during
regular hours of work under the direct supervision of an inspecting officer; or
(b) freezing, as a means of sterilization of carcasses affected with cysticercus
bovis, shall be carried out in a cold storage room the temperature of which
shall be maintained at a constant level of not more than —10° C. for a period
of at least fourteen days; and—
(i) before any carcass infested with cysticercus bovis is placed in cold
storage for sterilization all obviously diseased parts shall be removed
and a tag shall be securely affixed to each side;
(ii) a record of every carcass placed in cold storage for sterilization shall
be kept;
(iii) the thermograph recordings of the temperature of separate cold
storage room reserved for the sterilisation of carcasses infested with
cysticercus bovis shall be preserved for a period of at least one month
from the date on which such carcass was removed therefrom and shall
be available for inspection; and
(iv) the cold storage room in which carcasses infested with cysticercus
bovis are held shall be kept under lock and key, and shall be under
personal supervision of the inspecting officer in charge or his deputy.
17. Carcasses declared conditionally fit but not treated
Carcass and parts declared conditionally fit for human consumption which have not
been submitted to the treatment prescribed in paragraph 16 shall be regarded as unfit for
human consumption.
18. Diseases and conditions not provided for
Judgment and procedure in diseases and conditions not dealt with in this code shall
be within the discretion of the inspecting officer.
CAP. 242 [Rev. 2012]
Public Health
[Subsidiary]
[Issue 1] 222
19. Disposal of carcasses and parts unfit for consumption
(1) Carcasses and parts judged unfit for human consumption shall be moved to the
disposal plant not later than 24 hours after judgment.
(2) Where a disposal plant is not available, carcasses and parts unfit for human
consumption shall be destroyed by burning.
20. Inspection records
(1) Every inspecting officer shall keep a daily record book of slaughter and
condemnation.
(2) In public abattoirs and meat production plants, a record book shall be maintained
in which shall be recorded daily all slaughtering and condemnations carried out on the
premises; this record shall be closed at the end of the calendar year, and an annual report
shall be made to the Director of Veterinary Services and the Director of Medical Services
during the month of January.
(3) Daily record books and annual reports shall be kept for at least three years
before being destroyed.
[Rev. 2012] CAP. 242
Public Health
[Subsidiary]
223 [Issue 1]
ABATTOIRS DECLARED TO BE DESIGNATED UNDER RULE 3 OF THE ABOVE
[L.N. 26/1956.]
The Kenya Meat Commission Abattoir, Athi River,
The Kenya Meat Commission Abattoir, Mombasa,
The Uplands Bacon Factory (Kenya) Ltd. Abattoir, Uplands.
[Rev. 2012] CAP. 242
Public Health
[Subsidiary]
225 [Issue 1]
PUBLIC HEALTH (IMPORTATION OF MEAT) RULES
[L.N. 545/1962.]
1. These Rules may be cited as the Public Health (Importation of Meat) Rules.
2. In these Rules, unless the context otherwise requires—
“authorized officer” means a health officer as defined in the Public Health (Port,
Airport and Frontier) Rules;
“competent authority” means an authority having power under the laws in force
in any country to examine articles of food and to certify as to their fitness for human
consumption;
“importer” means any person who brings any meat or meat products or causes
any meat or meat products to be brought into Kenya, whether as owner or as a person
for the time being possessed of or beneficially interested in the meat or meat products,
and “import” shall be construed accordingly;
“meat” means flesh or other edible part of an animal, and includes meat which has
been cured or smoked, but does not include meat which has been cooked or otherwise
treated or prepared or which has been packed in air-tight containers;
“meat product” means any of the articles specified in the First Schedule;
“place of export” includes a factory or place of preparation and the port or airport
of departure of the consignment of meat.
3. No person shall import any meat or meat product unless such meat or meat product is
accompanied by a certificate that it has been examined by a competent authority at the
place of export and found at the time of examination to be wholesome; the certificate shall
be in the form specified in the Second Schedule.
4. Any person who imports any meat or meat product in contravention of rule 3 shall be
guilty of an offence and shall be liable on conviction to the penalties prescribed in
section 164 of the Act.
5. An authorized officer at the port or airport of entry may require the importer of any
meat or meat products to produce a certificate of examination as required by rule 3 in
regard to such meat or meat products.
FIRST SCHEDULE
[Rule 2.]
1. Cooked or dried meat.
2. Intestines and other parts prepared in the form of sausage casings.
3. Pies, sausages and other parts prepared or manufactured articles of food containing
any meat or cooked or dried meat other than fat.
4. Rendered animal fats except in margarine.
CAP. 242 [Rev. 2012]
Public Health
[Subsidiary]
[Issue 1] 226
SECOND SCHEDULE
[Rule 3.]
Date .....................................................
No. .......................................................
I, ........................................................................................................................................................
duly appointed by .................................................................................................................................
hereby certify that the fresh/frozen/cured meat or meat product herein described not being canned
meat is derived from ........................................................... (name of animal) which was subjected to
ante-mortem and post-mortem inspection at the time of slaughter and that no evidence was found of
any disease or condition which would render the meat or meat product unwholesome.
I further certify that to the best of my knowledge and belief all necessary precautions for
prevention of danger to public have been taken in the dressing, preparation and packing of the said
meat or meat product according to the appropriate public health regulations in the country of origin.
Description of meat or
meat product
Number of pieces Weight
Shipped by ........................................................................................................................................
Address .............................................................................................................................................
Destination ........................................................................................................................................
Identification marks on meat or meat product ...................................................................................
.............................................................................
Signature
.............................................................................
Official Title
[Rev. 2012] CAP. 242
Public Health
[Subsidiary]
227 [Issue 1]
CEMETERIES AUTHORIZED UNDER SECTION 145
These are not included in the Laws of Kenya as they are of local application only
(L.N. 559/1962).
[Rev. 2012] CAP. 242
Public Health
[Subsidiary]
229 [Issue 1]
PUBLIC HEALTH (MEDICAL OFFICERS OF HEALTH AND HEALTH
INSPECTORS) RULES, 1963
[L.N. 153/1963, L.N. 23/2007.]
RULES UNDER SECTION 169
1. These Rules may be cited as the Public Health (Medical Officers of Health and Health
Inspectors) Rules, 1963.
2. In these Rules, unless the context otherwise requires—
“health inspector” means any health inspector or sanitary inspector appointed by
a local authority and includes any chief health inspector, senior health inspector, health
inspector or public health inspector appointed by the Director of Medical Services to
act as such in any district;
“medical officer of health” includes a deputy medical officer of health.
3. No person shall be appointed a medical officer of health or a health inspector under
section 9(1A) of the Act unless he is in possession of the qualifications hereinafter
prescribed—
(a) in respect of appointment as a medical officer of health—
(i) registration as a medical practitioner; and
(ii) possession of a registered diploma in public health or its equivalent,
save that the Minister may in any particular case, if he thinks fit, dispense
with the qualification specified in subparagraph (ii) of this paragraph;
(b) in respect of appointment as assistant medical officer of health, registration
as a medical practitioner and such other qualifications as the Minister may
from time to time specify;
(c) in respect of appointment as health inspector—
(i) possession of—
(a) a certificate or diploma of the Public Health Inspectors
Education Board; or
(b) a certificate of the Royal Sanitary Association of Scotland; or
(c) a certificate of any authority superseded by such Board of
Association; or
(d) a certificate or diploma of the Royal Society of Health as Health
Inspector; or
(e) a degree in public health or environmental health from a
recognized university; or
(f) any other recognized qualification as Health Inspector which
the Minister may from time to time specify; and
(ii) in addition, where duties may include inspection of meat and other
foods, possession of a certificate or diploma of the Royal Society of
Health or of the Royal Sanitary Association of Scotland as an
Inspector of Meat and other Foods, unless this is already
incorporated with one of the above statutory qualifications.
[L.N. 23/2007, r. 2.]
CAP. 242 [Rev. 2012]
Public Health
[Subsidiary]
[Issue 1] 230
4. (1) A local authority shall, before appointing any medical officer of health, assistant
medical officer of health or health inspector, submit to the Minister a statement in such
form and containing such particulars relating to the appointment as may from time to time
be required by the Minister.
(2) A local authority shall, as soon as the approval of Minister has been given to the
proposals contained in the statement so submitted, cause to be inserted in some
newspaper or newspaper circulating locally and, if appropriate, overseas, at least six-
weeks before the date on which it is proposed that the appointment shall be considered by
the local authority, an advertisement specifying the local authority by which the
appointment is to be made, together with details of the emoluments and any travelling or
other prerequisites proposed to be awarded, and stating the address to which application
for the appointment should be sent.
5. The local authority shall pay to every medical officer of health, assistant medical officer
of health and health inspector so appointed such salary and other emoluments as may
from time to time be approved by the Minister after consultation with the Minister for the
time being responsible for Local Government.
6. A medical officer of health, assistant medical officer of health or health inspector shall
not, except with the written consent of the local authority employing him and with the
agreement of the Minister, engage in any private practice, or in any private work arising
out of or in any way connected with the discharge of his duties.
7. A medical officer of health, assistant medical officer of health or health inspector shall
not be appointed for a limited time only, but shall be appointed to hold office until he
resigns or is removed with the approval of the Minister and not otherwise:
Provided that a medical officer of health or health inspector may be appointed for a
imited period specified by a contract or subject to such period of probation and to
retirement at such age as the local authority with the consent of the Minister may
prescribe.
8. (1) No person appointed to be medical officer of health or health inspector shall be
removed from office unless such removal has been authorized by a resolution passed by
a majority of the whole council of the local authority, and has been approved by the
Minister of which at least three months’ notice has been given to the officer except when
the officer is removed for disciplinary reasons:
Provided that a local authority may, with the approval of the Minister, suspend a
medical officer of health or health inspector from the discharge of his duties, and in the
event of his removal being duly authorized such officer shall be deemed to have been
removed from office as from the date of his suspension.
(2) During the period of his suspension the officer shall receive such allowances as
the local authority may determine, subject to the approval of the Minister; and any
emoluments withheld during suspension shall be restored to the officer in the event of the
officer being restored to duty.
(3) In this Rule a “medical officer of health” includes, in addition to a deputy medical
officer of health, an assistant medical officer of health.
9. A medical officer of health, assistant medical officer of health or health inspector shall
not be appointed unless he agrees, as one of his terms of engagement, to give at least
three months’ prior notice before resigning his office or in default to forfeit such sum as
may be agreed upon at the date of his appointment as liquidated damages.
10. A medical officer of health shall—
(a) perform all the duties imposed on a medical officer of health by any law or
by any directions from time to time made or given by the Minister, and by
any instructions of the local authority applicable to his office;
[Rev. 2012] CAP. 242
Public Health
[Subsidiary]
231 [Issue 1]
(b) forward weekly to the Minister by post a return, in such form as the Minister
may from time to time require, of the number of cases of infectious diseases
notified to him during the week ended on the preceding Saturday night, or
such further information and at such intervals of time as the Minister may
from time to time require; and shall at the same time forward a duplicate of
the return to the medical officer of health of every district adjoining the area
of the local authority for which he is appointed;
(c) report at once and confirm by telegram to the Minister any case of plague,
cholera, smallpox, yellow fever, louse-borne typhus, louse-borne relapsing
fever or any serious outbreak of disease in the area of the local authority
which may be notified to him or which may otherwise come or be brought to
his knowledge, and shall also notify the medical officer of health of every
district adjoining the area of the local authority by copies of such telegram or
telegrams;
(d) as soon as practicable after the 31st December in each year render a
comprehensive annual report to the local authority, submitting a copy of
such report to the Minister, on all matters affecting the public health,
including any such special information as may from time to time be called
for by the Minister;
(e) advise the local authority in regard to all matters affecting the public health,
and generally direct and control the functions of his department in the
promotion of the public health.
11. A health inspector, as regards the area of the local authority for which he is
appointed, shall—
(a) perform under the general direction of the medical officer of health all the
duties imposed on a health inspector by law, and observe and execute any
directions or instructions of the local authority or of the Minister applicable to
his office;
(b) by inspection of his area, both systematically and at intervals as occasion
requires, and in response to such complaints as may be received, keep
himself informed of the sanitary circumstances of the areas and of
nuisances therein that require abatement, and take such action as may be
deemed necessary to ensure their abatement;
(c) advise the medical officer of health with regard to the adequacy and safety
of public water supplies within his area;
(d) from time to time and forthwith upon complaints visit and inspect shops and
places kept or used for the preparation and sale of any articles of food for
sale or keeping for sale as regulated by law, and examine any article of food
therein, and take such proceedings as may be deemed necessary;
(e) give immediate notice to the medical officer of health of the occurrence
within his area of any infectious or epidemic disease or other serious
outbreak of illness which may come to his notice; and whenever it appears
to him that the intervention of such officer is necessary in consequence of
the existence of any nuisance injurious to health, or of any overcrowding in
a house, or any other conditions affecting the health of the area, forthwith
inform the medical officer of health thereof;
(f) if directed by the medical officer of health to do so, superintend the removal
of any patient suffering from infectious disease to an infectious diseases
hospital, and superintend the work of disinfection after the occurrence of
cases of infectious disease;
(g) maintain adequate records of inspections carried out and the action taken
by him in the execution of his duties;
CAP. 242 [Rev. 2012]
Public Health
[Subsidiary]
[Issue 1] 232
(h) at all reasonable times, when requested by the medical officer of health,
render to him such information as the medical officer of health may require
with respect to any matter to which the duties of a health inspector relate;
(i) as soon as practicable after the 31st December in each year, submit to the
medical officer of health a full report on the sanitary circumstances of his
area during the year and such other particulars as he may deem fit or as
may be required by the medical officer of health.
12. With the consent of the Minister, a local authority may add to or vary the duties
prescribed in rules 10 and 11 of these Rules assigned respectively to a medical officer of
health in such manner as may appear to be expedient.
13. Nothing in these Rules shall prevent the local authority from making, with the
sanction of the Minister, and subject to such conditions as he may prescribe, a temporary
arrangement for the performance of all or any of the duties of a medical officer of health,
and any person appointed by virtue of such arrangement to perform these duties or any of
them shall, subject to the terms of his appointment, have all the powers and liabilities of a
duly appointed medical officer of health:
Provided that any person temporarily undertaking the duties of medical officer of
health shall be a medical practitioner.
[Rev. 2012] CAP. 242
Public Health
[Subsidiary]
233 [Issue 1]
PUBLIC HEALTH (PUBLIC MORTUARIES) RULES, 1991
[L.N. 205/1991, L.N. 535/1991.]
1. These Rules may be cited as the Public Health (Public Mortuaries) Rules, 1991 and
shall come into operation on the 1st July, 1991.
2. For the purposes of these Rules, “public mortuary” means a mortuary within a
Government medical institution where dead bodies are kept before burial.
3. (1) Subject to these Rules, no person shall keep the dead in a public mortuary for
more than ten days.
(2) Any person who fails to comply with the requirements of this Rule shall pay to the
Medical Officer of Health a penalty of one hundred shillings for each day the body remains
uncollected.
[L.N. 535/1991, r. 2.]
4. Where it is not practicable to remove the dead body within ten days after death due to
legal reasons the Medical Officer of Health must be informed in writing by the next of kin
within that period and the Medical Officer of Health shall give his ruling in writing.
5. Any person who fails to comply with any provisions of these Rules shall be guilty of an
offence and shall be liable to a fine not exceeding two thousand shillings or to
imprisonment for a term not exceeding six months or to both.
[Rev. 2012] CAP. 242
Public Health
[Subsidiary]
235 [Issue 1]
PUBLIC HEALTH (DISTRICT HEALTH MANAGEMENT BOARDS) RULES, 1992
[L.N. 162/1992, L.N. 170/1998.]
1. These Rules may be cited as the Public Health (District Health Management Boards)
Rules, 1992.
2. In these Rules—
“Board” means the District Health Management Board established under rule 3;
“Council” means a municipal or county established under the Local Government Act;
“hospital” includes a dispensary and health centre.
3. (1) The Minister may by notice in the Gazette, establish a District Health Management
Board for any District or for such areas as may be specified in the notice.
(2) A notice under this section shall specify the area in which the Board concerned
shall have jurisdiction.
(3) Each Board shall consist of not less than seven nor more than nine members
constituted as follows—
(a) a chairman appointed Minister from the members of the Board;
(b) the area District Commissioner or his representative;
(c) the following persons appointed by the Minister—
(i) one person with experience in finance and administration from within
the District;
(ii) two persons nominated by Non-Governmental Organisations
recognized by the Minister, one whom shall represent the interests of
religious and the other private services;
(iii) one person nominated by the Local Authority having jurisdiction over
the area;
(iv) not more than three persons to represent community interests; and
(v) the area Medical Officer of Health who shall be the secretary to the
Board.
(4) The members of the Board, other than the ex officio members, shall hold office for
a period of three years but shall be eligible for re-appointment.
(5) The Board shall exercise its powers and perform its duties notwithstanding any
vacancy in its membership.
(6) The Minister shall appoint one member of a Board to be the chairman and the
Board shall appoint the vice-chairman.
4. (1) The Board shall appoint from among its members three committees to deal with—
(a) finance and general purposes;
(b) quality of curative services; and
(c) public health care services.
(2) The Board may from time to time appoint from among the members of the public
ad hoc committees to provide technical and specialist advice to the Board.
CAP. 242 [Rev. 2012]
Public Health
[Subsidiary]
[Issue 1] 236
5. The functions of the Board shall be as follows—
(a) to superintend the management of hospital services;
(b) to support public health care programmes;
(c) to prepare and submit to the Minister for approval estimates of revenue and
development expenditures;
(d) to submit recommendations to the Minister on areas to levy user charges
under the cost sharing programme as provided for under the Exchequer and
Audit (Health Services Fund) Regulations, 1990;
(e) to tender advice to the Minister on plans for development or promotion of
the health services in the District and to carry out such plans if approved;
(f) to supervise, monitor and evaluate the management of the district health
services;
(g) to develop and implement plans for human resources development;
(h) to facilitate the development and establishment of systems, structures and
resources in the district in support of public health services;
(i) to ensure delivery of quality health services by all providers;
(j) to approve plans and budgets, secure the necessary finances and oversee
the implementation of quarterly or annual work plans;
(k) to submit such statistical, financial and other reports as the Minister may
require; and
(l) to fulfil such other functions as the Minister may prescribe;
[L.N. 170/1998, r. 2.]
6. (1) The Board shall hold meetings quarterly, and the committees of the Board shall
hold meetings at least once every two months.
(2) The meeting shall be presided over by the chairman or in his absence by the vice-
chairman.
(3) The quorum shall be five members one of whom shall be the secretary of the
Board.
(4) Subject to these Rules and save as otherwise may be prescribed, a Board shall
regulate its own procedure.
7. (1) A sitting allowance in an amount to be determined by the Minister shall be payable
to the members of the Board and its committees for all meetings attended.
(2) The members of the Board and its committees shall be entitled to reimbursement
of their costs of travel on official business upon production of receipts or mileage claim in
accordance with the existing regulations.
8. (1) A member shall vacate his position on the Board in the following circumstances—
(a) if the member is absent without reasonable explanation from not less than
four consecutive meetings of the Board;
(b) in the case of a member of Non-Governmental Organization, if he ceases to
hold the office by virtue of which his nomination was made;
(c) if the member is convicted of a criminal offence carrying the penalty of
imprisonment;
(d) if the member ceases to reside or practice in the District;
(e) if the Minister in his discretion resigns his appointment to the Board.
(2) The Minister may appoint another person eligible under these Rules to take place
of any person who vacates his position under paragraph (1).
[Rev. 2012] CAP. 242
Public Health
[Subsidiary]
237 [Issue 1]
PUBLIC HEALTH (FEES) RULES, 2001
[L.N. 112/2001.]
1. These Rules shall be cited as the Public Health (Fees) Rules, 2001.
2. The fees specified in the second column shall be payable for the services specified in
the first column of the schedule.
SCHEDULE
Services Fees
KSh.
(a) Inspection of new schools for licensing ...................................................... 3,000
(b) Approval of building plans—
(i) residential, single storey .................................................................. 1,000
(ii) residential, multi-storey ................................................................... 2,000
(iii) commercial, single storey ................................................................ 3,000
(iv) commercial, multi-storey ................................................................. 5,000
(c) Issuance of building occupation certificate ................................................. 1,000
(d) Vetting of land change of user applications / part development plan .. 1,000
(e) Issuance of health clearance for registered hotels and restaurants
camping settes, borders, commercial villain, cottages and other premises
used for accommodation, etc., for purposes of licensing under the Hotels
and Restaurants Act (Cap. 494) licensing .................................................. 2,000
(f) Annual health certificate for fish landing sheds .......................................... 1,500
(g) Issuance of health clearance for purposes of liquor licensing .................... 1,000
(h) Routine water or food sample analysis ....................................................... 1,000
(i) Disinfection, disinsecting or deratting of premises, aircrafts, vehicles and
ships ...........................................................................................................
30
per m2
(j) Issuance of health certificate for food export or import ............................... 1,000
(k) Vaccinations—
(i) Typhoid ........................................................................................... 400
(ii) Yellow Fever ................................................................................... 600
(iii) Cholera ............................................................................................ 400
[Rev. 2012] CAP. 242
Public Health
[Subsidiary]
239 [Issue 1]
NOTIFICATION OF AUTHORIZED CEMETERY
[L.N. 114/2003.]
IN EXERCISE of the powers conferred by section 144(1) of the Public Health Act
(Cap. 242), the Minister for Health declares the parcel of land specified in the Schedule to
be an authorized cemetery for a public cemetery:
Provided that such use shall be in conformity with the by-laws in relation thereto made
by the Town Council of Makuyu.
SCHEDULE
All that piece of land comprising Land Reference No. Makuyu/Kambiti/Block 2/430,
measuring approximately 0.2023 hectares, situated in Kambiti Location, Maragua District.
[Rev. 2012] CAP. 242
Public Health
[Subsidiary]
241 [Issue 1]
NOTIFICATION OF AUTHORIZED CEMETERY
[L.N. 153/2003.]
IN EXERCISE of the powers conferred by section 144(1) of the Public Health Act
(Cap. 242), the Minister for Health declares the parcel of land specified in the Schedule to
be an authorized cemetery for the exclusive use of the Missionary Benedictine Sisters:
Provided that such use shall be in conformity with the by-laws in relation thereto
made by the City Council of Nairobi.
SCHEDULE
All that piece of land comprising L.R. No. 25519 (original number 1159/314),
measuring approximately 0.4000 hectares, situated in Windy Ridge in the city of Nairobi,
and which is more particularly delineated in Land Survey Plan No. 237802, deposited at
the Survey Records Office, Nairobi.
[Rev. 2012] CAP. 242
Public Health
[Subsidiary]
243 [Issue 1]
PUBLIC HEALTH (TOBACCO PRODUCTS CONTROL) RULES, 2006
ARRANGEMENT OF RULES
PART I – PRELIMINARY
Rule
1. Citation.
2. Interpretation.
PART II – IMPORTATION, DISTRIBUTION, SALE AND ADVERTISING OF
TOBACCO PRODUCTS
3. Restriction on importation, sale and distribution.
4. Restriction on advertising.
5. Meaning of “clearly and prominently printed or broadcast”.
PART III – SMOKING IN PUBLIC PLACES
6. Smoking in public places.
7. Smoking in public vessels.
8. Display of signs in non-smoking areas.
9. Owner to ensure no smoking.
10. Public awareness campaigns.
11. Powers of the health officer.
12. Penalty.
13. Revocation of L.N. 122/1984 and L.N. 56/1990.
SCHEDULES
FIRST SCHEDULE
SECOND SCHEDULE – PUBLIC PLACES IN WHICH SMOKING IS
PROHIBITED
CAP. 242 [Rev. 2012]
Public Health
[Subsidiary]
[Issue 1] 244
PUBLIC HEALTH (TOBACCO PRODUCTS CONTROL) RULES, 2006
[L.N. 44/2006.]
PART I – PRELIMINARY
1. Citation
These Rules may be cited as the Public Health (Tobacco Products Control) Rules, 2006.
2. Interpretation
In these Rules, unless the context otherwise requires—
“advertisement” includes any commercial statement, communication,
representation or reference designed to or that have or are likely to have the effect of
promoting or publicising a tobacco product or encourage their use, or draw attention to
the nature, properties, advantages or uses of the product and includes the use in any
advertisement or promotion aimed at the public of a tobacco product manufacturer’s
company name where the name or any part of the name is used as or is included in a
tobacco product trade mark, and includes product stacking and product displays of any
kind or size;
“cigarette” means any product which consists wholly or partly of cut, shredded or
manufactured tobacco, or of any tobacco derivative or substitute, rolled up in paper
and capable of being used immediately for smoking;
“health officer” means any of the officers appointed under section 9 of the Act;
“media” means broadcast, print, electronic and any other avenues of
communicating to the public;
“Medical Department” means the Department established under section 10 of the Act;
“package” means the container, receptacle or wrapper in which tobacco products
are sold or distributed including the carton in which multiple packages are stored;
“public place” means any indoor, enclosed or partially enclosed area which is
open to the public or any part of the public and includes a workplace and a public
conveyance as well as the areas within five metres of any doorways or entrances of
the public place, workplace or conveyance;
“public vessel” means a public service vehicle, train, aircraft or any other means
of public transport domestically or internationally, whether publicly or privately owned
or operated;
“side stream” means smoke or other emissions released from a tobacco product
or the smoke exhaled by a person smoking a tobacco product;
“smoking” means inhaling or exhaling the smoke of any tobacco product and
includes the holding of, or control over any ignited tobacco product or device
containing an ignited tobacco product;
“tobacco product” means a product composed, in whole or in part, of tobacco,
including tobacco leaves and any extract of tobacco leaves intended for use by
smoking, inhalation, chewing, sniffing or sucking and includes cigarette papers, tubes,
and filters;
“workplace” means any place in which persons perform duties of employment or
work and includes private offices, common areas, and any other area which generally
is used during the course of employment or work.
[Rev. 2012] CAP. 242
Public Health
[Subsidiary]
245 [Issue 1]
PART II – IMPORTATION, DISTRIBUTION, SALE AND ADVERTISING OF
TOBACCO PRODUCTS
3. Restriction on importation, sale and distribution
(1) No person shall import, sell or distribute any tobacco product in Kenya unless the
package containing the product displays the warning set out in the First Schedule.
(2) The warning referred to in subrule (1) shall—
(a) be in both the English and Kiswahili languages;
(b) be clearly and prominently printed on all the packages of the tobacco
product comprising not less than 50% of the total surface area of the
package, parallel to the top edge of the package and located on the upper
portion of the front and rear panels of the package directly on the package
underneath the cellophane or other clear wrapping;
(c) be displayed on a principal display surface in a manner that ensures that
none of the words of the warning will be severed when the package is
opened;
(d) bear text that is black on a white background or white on a black
background in a manner that contrasts by typography, layout or colour with
all other printed material on the package.
(3) Any person who contravenes the provisions of this section shall be guilty of an
offence.
4. Restriction on advertising
(1) No person shall advertise any tobacco product unless such advertising—
(a) contains the warning as set out in the First Schedule;
(b) is, subject to paragraph (a), approved in writing by the Director of Medical
Services;
(2) The warning referred to in subrule (1) shall—
(a) be in the English and Kiswahili languages or such other languages as may
be applicable;
(b) be clearly and prominently printed or broadcast in the language applicable; and
(c) appear at the end of each broadcasted advertisement.
(3) any person who contravenes the provisions of this section shall be guilty of an
offence.
5. Meaning of “clearly and prominently printed or broadcast”
For purposes of this Part, a warning shall be deemed to be clearly and prominently
printed or broadcast if each word—
(a) is displayed on both the front and back of the cigarette packet or container;
(b) is of identical type;
(c) is white on a black background or black on a white background;
(d) is identically displayed; and
(e) is in boldface type.
CAP. 242 [Rev. 2012]
Public Health
[Subsidiary]
[Issue 1] 246
PART III – SMOKING IN PUBLIC PLACES
6. Smoking in public places
(1) No person shall smoke a tobacco product or hold a lighted tobacco product in an
enclosed indoor area of a public place specified in Part A of the Schedule.
(2) Notwithstanding the provisions of subrule (1), the Minister may by notice in the
Gazette prohibit or restrict smoking in specified outdoor public spaces where persons are
likely to congregate within close proximity to one another or where smoking may pose a
fire or other hazard;
(3) Any person who contravenes any of the provisions of this Rule shall be guilty of an
offence.
7. Smoking in public vessels
(1) No person shall smoke a tobacco product or hold a lighted tobacco product in a
public vessel.
(2) Any person who contravenes any of the provisions of this rule shall be guilty of an
offence.
8. Display of signs in non-smoking areas
(1) The owner or manager of a public place or any public vessel in which smoking is
prohibited under these Rules shall post clearly legible signs stating that smoking is
prohibited.
(2) The sign posted under subrule (1) shall—
(a) be at least 30cm by 25cm in dimension;
(b) bear text covering at least sixty percent of the sign and consisting only of
the words “NO SMOKING”;
(c) bear a sign of a cigarette in a red circle with a red line passing through the
cigarette diagonally from top left to bottom right or such other pictorial
representation;
(d) be in both English and Kiswahili languages separately;
(e) be displayed prominently all over the premises.
(3) Any person who contravenes any of the provisions of this rule shall be guilty of an
offence.
9. Owner to ensure no smoking
(1) The owner or manager of a public place or any public vessel in which smoking is
prohibited under these Rules shall take reasonable steps to ensure that smoking does not
take place in the place or vessel.
(2) Without prejudice to the generality of subrule (1), the owner or manager of the
premises may—
(a) ask the person who is smoking to immediately cease smoking;
(b) demand that the person smoking should leave the premises or vessel;
(c) seek the assistance of a health officer, police officer or such other officers
as may be lawfully authorized to enforce these Rules.
(3) A person who contravenes any of the provisions of this rule shall be guilty of an
offence.
[Rev. 2012] CAP. 242
Public Health
[Subsidiary]
247 [Issue 1]
10. Public awareness campaigns
(1) The Medical Department shall, in collaboration with other departments and
agencies, promote public awareness campaigns in the mass media relating to measures
to safeguard the health of non-smokers from second-hand smoke.
(2) Nothing in these rules shall serve to limit the powers of a local authority to make
by-laws for the protection of non-smokers from environmental and side stream smoke.
11. Powers of the health officer
A health officer may, in these Rules, exercise any or all of the powers conferred upon
him by the Act.
12. Penalty
Any person who is guilty of an offence under these Rules shall be liable upon
conviction to a fine not exceeding fifty thousand shillings or to imprisonment to a term not
exceeding six months or both.
13. Revocation of L.N. 122/1984 and L.N. 56/1990
The Public Health (Warning on Cigarette Smoking) Rules, 1982 (L.N. 122/1984, Sub.Leg.)
and the Public Health (Warning on Cigarette Advertisement) Rules, 1990 (L.N. 56/1990, Sub.
Leg.) (are revoked.
FIRST SCHEDULE
[Rules 3 and 4.]
“SMOKING KILLS”
“UVUTAJI SIGARA UNAUWA”
SECOND SCHEDULE
[Rule 6.]
PUBLIC PLACES IN WHICH SMOKING IS PROHIBITED
1. Offices and work places including corridors, lounges, eating areas, reception areas,
lifts, escalators, foyers, stairwells, toilets, laundries, amenity areas of such places.
2. Court buildings.
3. Factories.
4. Hospitals, clinics and other health institutions.
5. Educational institutions.
6. Children homes, residential houses and such other premises in which children are
cared for.
CAP. 242 [Rev. 2012]
Public Health
[Subsidiary]
[Issue 1] 248
7. Places of worship.
8. Prisons.
9. Police stations and cells.
10. Public vessels.
11. Airports, railway stations, airfields and other public transport terminals.
12. Markets, shopping malls and other retail establishments.
13. Cinemas, theatres and such other halls of performance.
14. Sports stadiums.
[Rev. 2012] CAP. 242
Public Health
[Subsidiary]
249 [Issue 1]
DECLARATION OF A CEMETARY, 2008
[L.N. 47/2008.]
IN EXERCISE of the powers conferred by section 144(1) of the Public Health Act
(Cap. 242), the Minister for Public Health and Sanitation appoints the land parcel,
particularly of which are set out in the schedule, to be an authorized cemetery.
SCHEDULE
Land Parcel No. Acreage Location
Nkuene/Taita/256 0.514 hectare Imenti South District
Phone numbers
- 2209
- 2001237
- 2008249
- 145227
- 3689
- 1963229
- 195995
- 1991233
- 2006243
- 1960185
- 1962225
- 1992235
- 2177
Phone numbers
- 1992 .............. 235
- 36 ............................................................................ 89
- 2 ............................................. 177
- 1991 ........................................... 233
- 1963 ............................................................................................................ 229
- 1962 ........................................ 225
- 2 ............................................. 209
- 2008 ................................................................ 249
- 145 ................................................. 227
- 2006 .............................. 243
- 1959 .................... 95
- 1960 ................................ 185
- 2001 ................................................................ 237
Law clause
- art. 75
- section 120
- section 98
- section 79
- section 62
- art. 8
- Section 134
- section. 14
- section (4
- section 66
- art (1
- section 134
- section 36
- section 78
- section 147
- Section 36
- section 129
- section 10
- SECTION 73
- section 85
- section 132
- art. (3
- Section 126A
- SECTION 71(1)
- section 60
- section 144(1)
- Section 65
- Article 52
- section 146
- section 135
- section 81
- section 131
- SECTION 36
- section 79
- SECTION 7
- section 9
- art. (2
- section 126A
- art. 57
- art. 126A
- section (3
- art. 100
- section 77(3)
- Section 145
- section 3
- Section 103
- section 104
- section 121
- section. (3
- section (2
- section 77
- art. 77
- section 102
- SECTION 17(2)
- SECTION 57
- Section 29
- section 63
- Section 1
- section (5
- art. 99
- art. 18
- section 48
- section 40
- SECTION 134
- section 164
- section 118
- Section 135A
- section 94
- SECTION 126
- art. 104
- SECTION 145
- section (1
- Section 57
- SECTION 73(J)
- section 58
- SECTION 126A
- section 126C
- Section 168
- section 82
- SECTION 169
- article 52
- section 80
Law code
Filename extension
pdfCountries
etl_file_b:
1
1
etl_enhance_mapping_id_time_millis_i:
0
0
etl_enhance_mapping_id_b:
1
1
etl_filter_blacklist_time_millis_i:
0
0
etl_filter_blacklist_b:
1
1
etl_filter_file_not_modified_time_millis_i:
13
13
etl_filter_file_not_modified_b:
1
1
etl_enhance_file_mtime_time_millis_i:
0
0
etl_enhance_file_mtime_b:
1
1
etl_enhance_path_time_millis_i:
0
0
etl_enhance_path_b:
1
1
etl_enhance_entity_linking_time_millis_i:
2709
2709
etl_enhance_entity_linking_b:
1
1
etl_enhance_multilingual_time_millis_i:
2
2
etl_enhance_multilingual_b:
1
1
etl_export_solr_time_millis_i:
2
2
etl_export_solr_b:
1
1
etl_export_queue_files_time_millis_i:
1
1
etl_export_queue_files_b:
1
1
etl_time_millis_i:
9824
9824
etl_enhance_extract_text_tika_server_ocr_enabled_b:
1
1
etl_count_images_yet_no_ocr_i:
0
0
X-Parsed-By:
- org.apache.tika.parser.DefaultParser
- org.apache.tika.parser.pdf.PDFParser
- [org.apache.tika.parser.DefaultParser, org.apache.tika.parser.ocr.TesseractOCRParser, org.apache.tika.parser.image.ImageParser]
- [org.apache.tika.parser.DefaultParser, org.apache.tika.parser.ocr.TesseractOCRParser, org.apache.tika.parser.image.ImageParser]
- [org.apache.tika.parser.DefaultParser, org.apache.tika.parser.ocr.TesseractOCRParser, org.apache.tika.parser.image.ImageParser]
- [org.apache.tika.parser.DefaultParser, org.apache.tika.parser.ocr.TesseractOCRParser, org.apache.tika.parser.image.ImageParser]
- [org.apache.tika.parser.DefaultParser, org.apache.tika.parser.ocr.TesseractOCRParser, org.apache.tika.parser.image.ImageParser]
etl_enhance_extract_text_tika_server_time_millis_i:
3655
3655
etl_enhance_extract_text_tika_server_b:
1
1
etl_enhance_pdf_ocr_time_millis_i:
5
5
etl_enhance_pdf_ocr_b:
1
1
etl_enhance_detect_language_tika_server_time_millis_i:
120
120
etl_enhance_detect_language_tika_server_b:
1
1
etl_enhance_contenttype_group_time_millis_i:
1
1
etl_enhance_contenttype_group_b:
1
1
etl_enhance_pst_time_millis_i:
0
0
etl_enhance_pst_b:
1
1
etl_enhance_csv_time_millis_i:
0
0
etl_enhance_csv_b:
1
1
etl_enhance_extract_hashtags_time_millis_i:
61
61
etl_enhance_extract_hashtags_b:
1
1
etl_enhance_warc_time_millis_i:
5
5
etl_enhance_warc_b:
1
1
etl_enhance_zip_time_millis_i:
1
1
etl_enhance_zip_b:
1
1
etl_clean_title_time_millis_i:
0
0
etl_clean_title_b:
1
1
etl_enhance_rdf_annotations_by_http_request_time_millis_i:
25
25
etl_enhance_rdf_annotations_by_http_request_b:
1
1
etl_enhance_rdf_time_millis_i:
0
0
etl_enhance_rdf_b:
1
1
etl_enhance_regex_time_millis_i:
279
279
etl_enhance_regex_b:
1
1
etl_enhance_extract_email_time_millis_i:
234
234
etl_enhance_extract_email_b:
1
1
etl_enhance_extract_phone_time_millis_i:
197
197
etl_enhance_extract_phone_b:
1
1
etl_enhance_extract_law_time_millis_i:
1698
1698
etl_enhance_extract_law_b:
1
1
etl_export_neo4j_time_millis_i:
802
802
etl_export_neo4j_b:
1
1
X-TIKA_content_handler:
ToTextContentHandler
ToTextContentHandler
X-TIKA_embedded_depth:
- 0
- 1
- 1
- 1
- 1
- 1
X-TIKA_parse_time_millis:
- 3600
- 50
- 47
- 52
- 46
- 50
X-TIKA_embedded_resource_path:
- /image0.png
- /image1.png
- /image2.png
- /image3.png
- /image4.png