Prevention Of Cruelty To Animals Cap 1 360 - as Plain Text by MWakili

LAWS OF KENYA THE PREVENTION OF CRUELTY TO ANIMALS ACT CHAPTER 360 Revised Edition 2012 (1983) Published by the National Council for Law Reporting with the Authority of the Attorney-General www.kenyalaw.org CHAPTER 360 THE PREVENTION OF CRUELTY TO ANIMALS ACT ARRANGEMENT OF SECTIONS Part IPreliminary Section Short title.

Interpretation.

Part IIOffences in Relation to Animals Act and omissions which amount to cruelty and penalties therefor.

Fighting and baiting of animal an offence.

Offences relating to poisoned grain and flesh, etc.

Offences relating to the use of traps and other devices.

Hunting of injured captive animal an offence.

Cruel slaughtering of animals an offence.

Training of animals in cruel manner an offence.

0Prohibition of certain public contest, performances and exhibitions with animals.

1Prohibition of films involving cruelty to animals.

2Hawking of animals in cruel manner prohibited.

Part IIIControl of Experiments 3Experiments only to be performed by licensed persons.

4Prohibition of performance of experiments subject to certain conditions.

5Restrictions upon performance of experiments by licensee.

6Grant of licence.

7Teaching permits.

18Special permits.

9Revocation of licence or permit.

0Records.

1Inspections.

2Absolute prohibition of public exhibition of experiments.

3Consent to prosecution.

Part IVMiscellaneous and Supplementary Provisions 4Liability of owners.

5Destruction of injured animals by authorized officer or police officer without consent of owner.

6Custody of animals pending proceedings.

7Power of court to order destruction of animals.

8Power of court to deprive person convicted of offence of ownership of animal.

9Compensation in certain cases.

0Any person authorized to prevent cruelty.

1Power to enter and inspect land, premises or vehicle.

2Power to seize animal or vehicle.

3Employers and owners to produce drivers or animals if so required.

4Awards.

5 Obstruction of authorized officer or police officer.

6Appointment of authorized officer.

7Regulations.

CHAPTER 360 THE PREVENTION OF CRUELTY TO ANIMALS ACT Commencement: 31st December 1962 2 of 1962, 10 of 1969, 18 of 1979.

An Act of Parliament to make provisions for the prevention of cruelty to animals; to control experiments on animals; and for matters incidental thereto and connected therewith Part IPRELIMINARY Short title.

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This Act may be cited as the Prevention of Cruelty to Animals Act.

Interpretation.

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In this Act, except where the context otherwise requires "anaesthetic" does not include the substance known as urari or curare; "animal" means a living vertebrate animal including any mammal, bird, reptile, amphibian and fish; "authorized officer" means a person appointed under section 36; "experiment" means any experiment performed on an animal and calculated to give pain, but does not include an operation; "licensee" means a person licensed under the provisions of section 16; "operation" means an operation performed on an animal by a person legally permitted to operate for the purposes of - (a) saving or prolonging the life of an animal; or (b) alleviating the suffering of an animal; or (c) the practice of good animal husbandry; or (d) enhancing the value or the appearance of the animal; "owner" includes a person having the charge, custody or control of an animal.

PART IIOFFENCES IN RELATION TO ANIMALS Acts and omissions which amount to cruelty and penalties therefor.

.(1) A person shall be guilty of an offence of cruelty if he (a) cruelly beats, kicks, ill-treats, over-rides, over-drives, over-loads, tortures, infuriates or terrifies an animal; (b) uses an animal which is so diseased, injured or in such physical condition that it is unfit to be so used; (c) conveys, carries, confines or impounds an animal in a manner or position which causes that animal unnecessary suffering; (d) without sufficient cause, starves, underfeeds or denies water to an animal; (e) being the owner of an animal, without reasonable cause or excuse, abandons it, whether permanently or not, in circumstances likely to cause the animal unnecessary suffering; (f) being the owner of an animal, keeps it in a grossly dirty or verminous condition or, without reasonable cause or excuse, fails to procure or administer veterinary treatment or attention for the animal in case of disease, injury or delivery of young; (g) wilfully, without reasonable cause or excuse, administers a poisonous or injurious drug or substance to an animal or causes any such substance to be taken by an animal; (h) subjects an animal to veterinary surgery in contravention of the Veterinary Surgeons Act Cap.

366(now repealed); (i) subjects an animal to any operation, surgical interference or other treatment which is performed without due care and humanity; (j) being the owner of an animal, fails to have it destroyed where the animal is so seriously injured or diseased that to prolong its life would cause it unnecessary suffering; (k) hunts, kills or destroys an animal in such a manner as to cause that animal more suffering than is necessary; or (l) being the owner of an animal, without reasonable cause or excuse, does or omits to do an act which causes unnecessary suffering to the animal.

(2) A person who causes or procures an animal to be used or treated in contravention of any of the provisions of subsection (1) shall be guilty of an offence of cruelty.

(3) A person guilty of an offence of cruelty shall be liable to a fine not exceeding three thousand shillings or to a term of imprisonment not exceeding six months, or to both.

(4) Nothing in subsection (1) shall render illegal (a) the hunting and killing or destruction of an animal under the provisions of the Wildlife (Conservation and Management) Act Cap.376, the Rabies Act Cap.365 or any other written law for the time being in force; (b) subject to section 7, the coursing and hunting of captive animals; (c) subject to section 8, the slaughtering of an animal; (d) subject to section 9, the training of an animal; (e) the performance of an operation on an animal under the provisions of the Veterinary Surgeons Act Cap.366; or (f) subject to the provisions of Part III, the performance of an experiment on an animal, where the compliance with any provisions of that subsection would necessarily frustrate the object or purpose of the hunting and killing or destruction, coursing and hunting, slaughtering, training, or the performance of the operation or experiment.

Fighting and baiting of animal an offence.

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A person who (a) causes, promotes or assists at the fighting or baiting of an animal; (b) keeps, uses, manages, or acts or assists in the management of, premises for the purpose, or partly for the purpose, of fighting or baiting an animal, or permits any premises or place to be so kept, managed or used; or (c) receives, or causes or procures any person to receive, money for the admission of any person to premises kept or used for the purpose, or partly for the purpose, of fighting or baiting an animal, shall be guilty of an offence and liable to a fine not exceeding three thousand shillings or to a term of imprisonment not exceeding six months, or to both.

Offences relating to poisoned grain and flesh, etc.

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(1) A person who (a) sells, or offers or exposes for sale, or gives away, or causes or procures any person to sell or offer or expose for sale or give away, or knowingly is a party to the sale or offering or exposing for sale or giving away, of any grain or seed which has been rendered poisonous except for bona fide use in agriculture; or (b) knowingly puts or places, or causes or procures any person to put or place, or knowingly is a party to the putting or placing in or upon any land or building any poison, or any fluid or edible matter (not being sown seed or grain) which has been rendered poisonous, shall be guilty of an offence and liable to a fine not exceeding two hundred shillings.

(2) It shall be a defence to proceedings under paragraph (b) of subsection (1) that the poison was placed for the purpose of destroying insects and other invertebrates, rats, mice and small ground vermin or any other animals where it is found to be necessary in the interests of public health, agriculture, or the preservation of other animals, or for the purpose of manuring the land, and that all reasonable precautions to prevent injury to other animals were taken.

Offences relating to the use of traps and other devices.

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(1) A person who, for the purpose of capturing or killing an animal (a) uses, or causes or procures to be used, a net, snare, trap or other device so designed as to cause unnecessary suffering to an animal captured or killed thereby; or (b) having set, or having caused or procured to be set, a net, snare, trap or other device, fails to inspect or to cause some competent person to inspect, the net, snare, trap or other device at reasonable intervals of time and at least once every day between sunrise and sunset, shall be guilty of an offence and liable to a fine not exceeding five hundred shillings.

(2) Where a person is convicted of an offence under this section, the court may, in addition to any penalty that maybe imposed, order any net, snare, trap or other device used by that person for the capturing or killing of an animal to be forfeited.

Hunting of injured captive animal an offence.

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(1) A person who, for the purpose of coursing or hunting, liberates a captive animal (a) in an exhausted, injured or mutilated condition; (b) in a manner or place which exposes it to immediate attack, or danger of attack, by other animals; or (c) in an enclosed space from which it has no reasonable chance of escape, shall be guilty of an offence and liable to a fine not exceeding two thousand shillings or to a term of imprisonment not exceeding three months, or to both.

(2) For the purposes of this section, a captive animal shall not be deemed to be coursed or hunted before it is liberated for the purpose of being coursed or hunted, or after it has been recaptured, or if it is under control.

Cruel slaughtering of animals an offence.

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(1) A person who, whether in a slaughterhouse or abattoir or in any other place, and whether for human consumption or not, slaughters an animal (a) in such a manner as to cause it more suffering than is necessary; or (b) in the sight of another animal awaiting slaughter, shall be guilty of an offence and liable to a fine not exceeding two thousand shillings or to a term of imprisonment not exceeding three months, or to both.

(2) It shall be a defence to proceedings under paragraph (a) of subsection (1) for the defendant to prove (a) that at the time of the alleged offence he was of a religious persuasion that prescribed the slaughter of an animal in the manner in which it was slaughtered; and (b) that the animal was slaughtered in a place other than a slaughterhouse or abattoir; and (c) that the animal was slaughtered for private consumption and that the meat of the animal was not the subject of sale, barter or exchange.

Training of animals in cruel manner an offence.

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(1) A person who, whether for the purposes of the exhibition or not, trains an animal by the cruel infliction of pain or terror, or by the excessive use of a whip, goad or otherinstrument, or by the application of heat, electrical shock, or other similar appliance or agency, shall be guilty of an offence and liable to a fine not exceeding two thousand shillings or to a term of imprisonment not exceeding three months, or to both.

(2) Where a person is convicted of an offence under this section, the court may, in addition to any penalty that may be imposed, order any whip, goad or other instrument, or appliance used by that person for the training of an animal to be forfeited.

(3) Where it is proved to the satisfaction of a subordinate court on a complaint made by an authorized officer or police officer that the training or exhibition of an animal has been accompanied by cruelty and should be prohibited or allowed subject only to conditions, the court may make an order against the person in respect of whom the complaint is made prohibiting the training or exhibition or imposing such conditions thereon as may be specified by the order.

(4) If any person is aggrieved by the making of an order, or by the refusal to make an order, under subsection (3) he may appeal to the High Court whose decision shall be final.

(5) An order made under subsection (3) shall not come into force until seven days after it is made, or, if an appeal has been entered within that period, until the determination of the appeal.

(6) For the purpose of this section, "exhibition" means an exhibition and any entertainment to which the public are admitted whether on payment of money or otherwise.

(7) This section shall not apply to the training of an animal for bona fide military or police purposes nor to the exhibition of an animal so trained.

Prohibition of certain public contest, performances and exhibitions with animals.

0.

(1) A person who promotes, or takes part in, or causes or knowingly permits to take place, a public performance which includes an episode consisting of or including (a) throwing or casting, with ropes or other appliances, of an unbroken or untrained animal; (b) riding, or wrestling, fighting or struggling with, an untrained animal; or (c) riding, or attempting to ride, an animal which by the use of any appliance or treatment involving cruelty is or has been stimulated with the intention of throwing off the rider, shall be guilty of an offence and liable to a fine not exceeding two thousand shillings or to a term of imprisonment not exceeding three months, or to both.

(2) For the purposes of proceedings under paragraphs (a) and (b) of subsection (1), if an animal appears or is represented to spectators to be unbroken or untrained it shall lie on the defendant to prove that the animal is in fact broken or trained.

(3) In proceedings under paragraph (c) of subsection (1) in respect of the use of any appliance or treatment which is therein mentioned upon an animal before or during a performance, it shall be a defence for the defendant to prove that he did not know, and could not reasonably be expected to know, that the appliance or treatment was to be or was used.

(4) In this section, "public performance" does not include a performance presented to the public by means of the cinematograph.

Prohibition of films involving cruelty to animals.

1.

(1) No person shall exhibit to the public, or supply to a person for public exhibition (whether by him or by another person), a cinematograph film if in connection with the production of the film any scene represented in the film was organized or directed in such a way as to involve the cruel infliction of pain on or terror to an animal or the cruel goading of an animal to fury.

(2) In proceedings brought under this section in respect of a film, the court may (without prejudice to any other mode of proof) infer from the film as exhibited to the public or supplied for public exhibition, as the case may be, that a scene represented in the film as so exhibited or supplied was organized or directed in such a way as to involve the cruel infliction of pain on or terror to an animal or the cruel goading of an animal to fury, but (whether the court draws the inference or not) it shall be a defence for the defendant to prove that he believed, and had reasonable cause to believe, that no scene so represented was so organized or directed.

(3) A person who contravenes the provisions of this section shall be guilty of an offence and liable to a fine not exceeding two thousand shillings or to a term of imprisonment not exceeding three months, or to both.

(4) For the purposes of this section, a cinematograph film shall be deemed to be exhibited to the public when, and only when, it is exhibited in a place to which for the time being members of the general public have access, whether on payment of money or otherwise, and "public exhibition" shall be construed accordingly.

Hawking of animals in cruel manner prohibited.

2.

(1) A person who hawks an animal in such a manner as to cause unnecessary suffering to the animal shall be guilty of an offence and liable to fine not exceeding five hundred shillings.

(2) For the purposes of this section, "hawk" means to carry in any manner for sale, barter or exchange an animals and includes the act of selling or exposing for sale an animal by a person in or at any place in or at which he does not usually reside or carry on business.

PART IIICONTROL IF EXPERIMENTS Experiments only to be performed by licensed persons.

3.

A person, other than a licensee, who performs an experiment shall be guilty of an offence and liable to a fine not exceeding three thousand shillings or to a term of imprisonment not exceeding six months, or to both.

Prohibition of performance of experiments subject to certain conditions.

4.

(1) A licensee who (a) performs an experiment otherwise than in accordance with the terms of his licence or permit and subject to the restrictions imposed by section 15; (b) performs an experiment for the purpose of attaining manual skill; or (c) performs an experiment for the purpose of illustrating a lecture at a university,college, hospital, medical school, agricultural college, farm school or any other academic institution unless he is the holder of a teaching permit issued under section 17, and, unless the experiment is of a class specified in the permit and is performed in accordance with the terms of the permit, shall be guilty of an offence.

(2) A person who aids, or takes part, in the performance of an experiment in contravention of subsection (1) shall be guilty of an offence.

(3) A person guilty of an offence under this section shall be liable to a fine not exceeding two thousand shillings or to a term of imprisonment not exceeding three months, or to both.

Restrictions upon performance of experiments by licensee.

5.

(1) Except as otherwise provided in paragraph(c) of section 14 (1), no licensee shall perform an experiment except (a) for the purpose of the advancement by new discovery of physiological knowledge, or of knowledge which will be useful for saving or prolonging life, or alleviating suffering, or for combating disease, whether of human beings, animals or plants; (b) for the purpose of testing a former discovery alleged to have been made for the advancement of the types of knowledge referred to in paragraph (a); (c) by the order in writing of a judge of the High Court where the judge is satisfied that it is essential for the purpose of justice in a criminal case to make the experiment.

(2) Except as otherwise provided in subsection (3), no licensee shall performan experiment unless (a) throughout the whole of the experiment the animal is under the influence of an anaesthetic of sufficient power to prevent the animal feeling pain; and (b) if the pain is likely to continue after the effect of the anaesthetic has ceased, or if serious injury has been inflicted on the animal, the animal is killed before it recovers from the influence of the anaesthetic which has been administered.

(3) The provisions of subsection (2) shall not apply to a licensee who is the holder of a special permit granted under section 18 in relation to an experiment specified in the special permit.

Grant of licence.

6.

(1) The Minister* may grant a licence to a person to perform an experiment for any purpose specified in the licence during such period and subject to such conditions in addition to the conditions specified in this Act as he thinks fit.

(2) It shall be a condition of a licence granted under this section that an experiment performed pursuant to the licence shall be performed at the place specified in the licence.

(3) It shall be a condition of a licence granted under this section to a person who is not registered under the Veterinary Surgeons Act Cap.

366(now repealed) or the Medical Practitioners and Dentists Act Cap.

253 that any experiment performed pursuant to the licence shall be performed under the supervision or direction of a person duly registered under one or other of those Acts.

Teaching permits.

7.

(1) Where the Minister* is satisfied that it is necessary for the due instruction of persons attending a course of lectures for the purpose of acquiring physiological knowledge or knowledge which will be used for saving or prolonging life, or alleviating suffering, or combating disease whether of human beings, animals or plants, for the lecture to be illustrated by the performance of an experiment, the Minister may grant to a licensee under this Act a teaching permit to perform any experiment specified in the licence for the purpose of illustrating the lecture.

(2) A teaching permit under this section shall be subject to such conditions, in addition to the conditions specified in this Act, as may be specified therein, and the permit shall remain in force for twelve months from the date on which it is granted.

Special permits 8.

(1) Where the Minister* is satisfied that the object of an experiment permitted to be performed by a licensee under this Act would necessarily be frustrated (a) by the performance of the experiment under anaesthetic; or (b) by killing the animal on which the experiment is performed before it recovers from the influence of an anaesthetic, he may grant a special permit authorizing the licensee to perform the experimentwithout administering an anaesthetic to the animal or without killing the animal before it recovers from the influence of the anaesthetic as the case may be.

(2) A special permit under this section shall specify the period for which it shall remain in force.

Revocation of licence or permit.

9.

A licence or permit granted under this Act may be revoked at any time by the Minister* on being satisfied that the licence or permit ought to be revoked.

Records.

0.

(1) A licensee shall keep, in such form as may be prescribed, records of all experiments performed by him under a special permit.

(2) A licensee shall permit any person authorized in writing by the Minister to inspect those records as any reasonable hour.

(3) A licensee shall render to the Minister in such form and at such time as may be prescribed such returns as may be required in relation to an experiment performed by him under a special permit.

(4) A licensee who contravenes, or fails to comply with, the provisions of this section shall be guilty of an offence and liable to a fine not exceeding three thousand shillings or to a term of imprisonment not exceeding two months, or to both.

Inspections.

1.

(1) A licensee shall permit a person authorized in writing by the Minister to enter and inspect, for the purpose of ascertaining whether the provisions of this Act are being complied with, any place specified in a licence for the performance of experiments.

(2) A person who resists, hinders or obstructs any person authorized under subsection (1) in the exercise of his powers of inspection, or conceals an animal with intent to defeat the exercise of those powers of inspection, shall be guilty of an offence and liable to a fine not exceeding one thousand shillings or to a term of imprisonment not exceeding one month, or to both.

(3) For the purposes of this section, no person shall be authorized by the Minister unless he is registered under the Veterinary Surgeons Act Cap.366 (now repealed), or the Medical Practitioners and Dentists Act Cap.

253.

Absolute prohibition of public exhibition of experiments.

2.

(1) No experiment shall be exhibited to the general public.

(2) A person who performs or aids in performing an experiment which is exhibited to the general public, whether admitted on payment of money or otherwise, shall be guilty of an offence and liable to a fine not exceeding two thousand shillings or to a term of imprisonment not exceeding three months, or to both.

Consent to prosecution.

3.

A prosecution under this Part against a licensee shall not be instituted except by or with the written consent of the Director of Public Prosecutions.

PART IVMISCELLANEOUS AND SUPPLEMENTARY PROVISIONS Liability of owners.

4.

(1) A person who, being the owner of an animal, permits the commission of an offence under this Act or any regulation made thereunder in relation to that animal shall be guilty of that offence and liable to the penalties prescribed therefor.

(2) For the purposes of this section, an owner shall be deemed to have permitted the commission of an offence if he fails to exercise reasonable care and supervision in respect of the protection of the animal therefrom; but where an owner is convicted of permitting the commission of an offence by reason only of his having failed to exercise reasonable care and supervision, he shall not be liable to imprisonment without the option of a fine.

Destruction of injured animals by authorized officer or police officer without consent of owner.

0 of 1969, Sch.

5.

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

(2) Where an animal is destroyed in accordance with this section and the owner thereof is absent and cannot be found without unreasonable delay the authorized officer or police officer may take such reasonable steps as are necessary to dispose of the carcass.

(3) If a veterinary surgeon summoned under this section certifies that an injured animal can without cruelty be removed, the person in charge of the animal shall cause it forthwith to be removed with as little suffering as possible and if that person fails so to do, or if there is no person in charge of the animal, the authorized officer or the police officer may cause the animal forthwith to be so removed.

(4) Any expenses which may be reasonably incurred by an authorized officer or a police officer in carrying out the provisions of this section may be recovered from the owner summarily as a civil debt.

(5) It shall be a defence to any action or proceeding which may be brought against a person for or arising from the destruction of an animal by that person or with his authority that the animal was so severely injured or so diseased or in such a physical condition that it would have been cruel to have kept it alive and that to summon an authorized officer or a police officer or veterinary surgeon would have occasioned unreasonable delay and unnecessary suffering to the animal.

Custody of animals pending proceedings.

6.

Whenever a person is charged with an offence under this Act or any regulation made thereunder in relation to an animal, a magistrate having jurisdiction in the area which the offence is alleged to have been committed may by order in writing authorize any person to seize that animal and to cause it to be removed to some place of custody, pending the hearing of the charge, if the magistrate is satisfied, from information given on oath, that the seizure and removal are necessary in order to prevent the animal being exposed to further damage, injury or unnecessary suffering.

(2) Upon the conviction of a person of an offence committed in relation to an animal which has been seized and placed in custody under subsection (1), the court shall, in addition to any penalty that may be imposed, order the person convicted to pay a sum equal to the costs which the court finds to have been incurred in connection with the seizure and custody of that animal and the sum so ordered to be paid shall be recoverable as if it were a fine.

(3) At the conclusion of proceedings in respect of an offence committed in relation to an animal which has been seized and placed in custody in terms of this section the animal may be delivered to the owner thereof or dealt with as the court directs.

Power of court to order destruction of animals.

7.

(1) Where the owner of an animal is convicted of an offence under this Act or any regulation made thereunder in relation to an animal, the court may, if it is satisfied that it would be cruel to keep the animal alive, direct that the animal be destroyed, and assign the animal to a suitable person for that purpose, and the person to whom the animal is so assigned shall, as soon as possible, destroy the animal, or cause or procure the animal to be destroyed in his presence, without unnecessary suffering.

(2) Unless the owner assents, no order shall be made under this section except upon the evidence of a veterinary surgeon.

(3) Any reasonable expenses incurred in destroying the animal may be ordered by the court to be paid by the owner, and may be recovered summarily as a civil debt.

Power of court to deprive person convicted of offence of ownership of animal.

8.

(1) If a person is convicted of an offence under this Act or any regulation made thereunder in relation to an animal, the court may in addition to any other punishment, make an order (a) depriving that person of the ownership of the animal; (b) disqualifying that person from owning, possessing or controlling any similar kind, type or class of animal for such period as it thinks fit under the circumstances.

(2) No order shall be made under subsection (1) unless the court is satisfied by evidence of a previous conviction for an offence involving cruelty to an animal, or as to the character of the convicted person or by other evidence, that animals owned, possessed or controlled by that person are likely to be exposed to a further offence under this Act.

(3) Where a court makes an order under paragraph (a) of subsection (1), it may make a further order as to the disposal of the animal and where a court makes an order under paragraph (b) of that subsection, it may stipulate the manner in which and the time within which the person shall be required to dispose of any other animals of a kind, type or class which he may then own, possess or control.

(4) A convicted person who fails to comply with any provision of any order made by a court under this section shall be guilty of an offence and liable to a fine not exceeding three thousand shillings or to a term of imprisonment not exceeding six months, or to both.

Compensation in certain cases.

9.

(1) Where a person, by committing an offence in relation to an animal under section 3, 4, 5, 6, 7, 9 or 10, does, or causes to be done, any damage or injury to the animal or to any person or property, he shall upon conviction for that offence be liable, upon the application of the owner of the animal or the person who has sustained damage or injury to his person or property, to be ordered to pay as compensation to the owner of the animal or that person, as the case may be, a sum not exceeding six hundred shillings which the court before whom he is convicted may consider reasonable and the sum so ordered to be paid shall be recoverable as if it were a fine.

(2) A person convicted of an offence under this Act or any regulation made thereunder in relation to an animal shall, upon the application of any person who has incurred expenses in providing necessary veterinary or other treatment, food or shelter or other care or attention for an animal in respect of which the offence was committed, or for caring for the animal until the making of an order by the court for the disposal of animal, be liable to be ordered to pay as compensation to that person a sum not exceeding six hundred shillings which the court finds to have been reasonably incurred for the purpose and the sum so ordered to be paid shall be recoverable as if it were a fine.

(3) Nothing in this section shall (a) prevent the taking of any other legal proceedings in respect of any damage or injury or expenses incurred, so, however, that a person be not twice proceeded against in respect of the same claim; or (b) affect the liability of a person to be proceeded against and punished under this Act for an offence under this Act.

Any person authorized to prevent cruelty.

0.

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

Power to enter and inspect land, premises or vehicle.

1.

(1) An authorized officer, on production of his authority, or a police officer of or above the rank of Assistant Inspector, may enter without warrant and inspect any land, premises or vehicle in or upon which he has reason to believe an offence under this Act or any regulation made thereunder has been or is about to be committed and may therein (a) seize any animal, vehicle or any other thing which he has reasonable grounds for believing to be evidence of an offence; (b) require the owner or occupier of the land or premises or the owner or driver of the vehicle to give such explanation and information relating to an animal as may be reasonably required by the officer in the performance of his duties; but no person may be required to answer any question the answer to which may tend to expose him to any criminal charge, penalty or forfeiture.

(2) The power to act under subsection (1) shall only be exercised without a warrant if the officer so acting has reasonable cause to believe that the delay occasioned in obtaining a search warrant would seriously hinder him in the performance of his duties, and the power shall be exercised only by or under the directions of a police officer of or above the rank of Assistant Inspector unless the person exercising it has reasonable cause to believe that the delay occasioned in summoning a police officer would, or would tend to, defeat the purposes of this section.

(3) Before removing anything under the provisions of paragraph (a) of subsection (1), the officer removing it shall furnish the person in whose custody or possession the article is at the time of removal with a written receipt therefor.

(4) A seizure under this section shall be reported without unnecessary delay to a magistrate.

Power to seize animal or vehicle.

2.

(1) Where a person having charge of a vehicle or animal is apprehended by an authorized officer or a police officer for an offence under this Act or any regulation made thereunder, the officer or police officer may seize the vehicle or animal, and may deposit it in some place of safe custody, until the termination of the proceedings in respect of the offence or until the court directs the vehicle or animal to be delivered to the person charged or the owner thereof, and the reasonable costs of detention, including the reasonable costs of veterinary treatment where treatment is required, shall, in the event of a conviction in respect of the animal, be recoverable from the owner as if the costs were a fine.

(2) Where an animal, whether drawing a vehicle or otherwise, appears to an authorized officer or police officer to be so diseased or injured as to be unfit for work or to have suffered such ill-treatment as would be an offence under this Act or any regulation made thereunder, the officer may detain or seize the animal or vehicle and take charge of and deal with it as is provided for under subsection (1), and the reasonable costs and expenses incurred shall be recoverable in the manner therein provided.

(3) A seizure under this section shall be reported without unnecessary delay to a magistrate.

Employers and owners to produce drivers or animals if so required.

3.

(1) Where proceedings are instituted under this Act or any regulation made thereunder against the driver or conductor of a vehicle, the court may issue a summons directed to the employer of the driver or conductor requiring him, if it is in his power so to do, to produce the driver or conductor at the hearing of the case.

(2) Where proceedings are instituted under this Act or any regulation made thereunder the court may issue a summons directed to the owner of the animal requiring him to produce either at, or at any time before, the hearing of the case, as may be stated in the summons, the animal for the inspection of the court, if production is possible without cruelty.

) Where a summons is issued under either subsection (1) or subsection (2) and the owner or employer fails to comply therewith without reasonable excuse, he shall be guilty of an offence and liable to a fine not exceeding three hundred shillings for the first offence and not exceeding six hundred shillings for the second or any subsequent offence on which he so fails, and may be required to pay the costs of any adjournment rendered necessary by his failure.

Awards.

4.

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

Obstruction of authorized officer or police officer.

5.

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

Appointment of authorized officer.

36.

The Minister may, after consulting with the Kenya Society for the Prevention at Cruelty to Animals, by notice in the Gazette, appoint such persons as he thinks fit to be authorized officers for the purposes of this Act.

Regulations.

8 of 1979, Sch.

7.

The Minister may make regulations generally for the better carrying out of the objects of this Act and more particularly, but without prejudice to the generality of the foregoing, for - (a) prescribing and regulating the manner in which animals may be kept; (b) the licensing and inspection of boarding establishments for dogs, cats and horses, riding establishments, pet shops and menageries; (c) prescribing and regulating the manner in which animals may be transported by land, air, sea or inland waters and the manner in which animals are loaded into or off-loaded from any transport; (d) ensuring that animals, whilst being transported, are supplied with adequate food, water and shelter; (e) prescribing and regulating the load that may be placed on an animal, and stating the maximum load in relation to size, sex or type of animal; (f) prescribing and regulating the type of vehicle that may be drawn by an animal; (g) prescribing and regulating the manner in which animals shall be slaughtered at slaughter-houses and abattoirs; (h) regulating and controlling any form of experiment relating to or connected with animals; (i) providing for the keeping of records of all or any experiments performed by a licensee and for the rendering of returns in relation to any experiments and the inspection thereof; (j) prescribing the form of any licence or permit; (k) prescribing and regulating the payment and recovery of costs and expenses incurred under this Act or any regulation made thereunder; (l) prescribing the persons who and the manner in which persons may be appointed as authorized officers; (m) prescribing any fee, matter or thing which is or ought to be prescribed under this Act.

*Power delegated to the Permanent Secretary of the Ministry for the time being responsible for animal husbandry (L.

N.

159/1963).

*Power delegated to the Permanent Secretary of the Ministry for the time being responsible for animal husbandry (L.

N.

159/1963).

PAGE 24 CAP.

360 Prevention of Cruelty to [Rev.

2012 Animals PAGE 23 Rev.

2012] Prevention of Cruelty to CAP.360 Animals PAGE 24 CAP: 329 Cereals and Sugar Finance [Rev.

2010 Corporation [Subsidiary] PAGE 25 Rev.

2010] Act Name CAP: 366 [Subsidiary].