Act No: CAP. 364
Act Title: ANIMAL DISEASES
SUBSIDIARY LEGISLATION
Arrangement of Sections
NOTIFIABLE DISEASES UNDER SECTION 2
[L.N. 147/1965, L.N. 328/1966, L.N. 56/1977.]

Mucosal Disease Virus Diarrhoea Complex.

Psittacosis or Ornithosis.

Avian Encephalomyelitis (Epidemic Tremor).

NOTICES UNDER SECTION 5

These are not included in the Laws of Kenya since they are mostly of little permanence.

ANIMAL DISEASES (COMPULSORY RINDERPEST VACCINATION) RULES, 1964
[L.N. 232/1964.]
1.

These Rules may be cited as the Animal Diseases (Compulsory Rinderpest Vaccination) Rules, 1964.

2.

All cattle shall be immunized by a rinderpest vaccine approved by the Director of Veterinary Services and immunity shall be maintained by repeated vaccinations as considered necessary by the Director of Veterinary Services.

3.

Any person who contravenes the provisions of these Rules shall be guilty of an offence.

ANIMAL DISEASES RULES, 1968

ARRANGEMENT OF RULES

PART I – PRELIMINARY

1.

Citation.

2.

Interpretation.

PART II – IMPORTATION OF ANIMALS

3.

Importation by sea or air.

4.

Examination of imported animals.

5.

Certificates required for imported animals.

6.

Tests.

7.

Quarantine of dogs and cats.

8.

Director may require other certificates.

9.

Animals imported not to have been in contact with other animals.

10.

Fodder accompanying animals to be free from disease.

11.

Tests and quarantine for imported cattle.

12.

Imported animals may be dipped or otherwise treated.

13.

Imported animals infected with disease may be destroyed.

14.

Importation of animals from Tanzania and Uganda.

PART III – MOVEMENT OF ANIMALS

15.

Meaning of animals in certain rules.

16.

Issuers of movement permits.

17.

No movement within restricted area without permit.

18.

Stray animals.

19.

Provision concerning permits.

20.

Issuers of permits to comply with Director’s instructions.

21.

Cancellation or variation of permits.

22.

Movement of infected animals out of restricted areas.

23.

Permit holder responsible for breach of Rules.

24.

Detention of animals moved without permit.

25.

Removal of detained animals.

26.

Disease amongst animals being moved.

27.

Reporting of death or disposing of animals being moved.

28.

Surrender of expired permits.

CHAPTER IV – INFECTED AREAS

29.

Notification of infected areas.

30.

Orders may be made in infected areas.

PART V – FURTHER PROVISIONS TO PREVENT SPREAD OF DISEASE

31.

Gates to be kept shut.

32.

Herbage or animal products not to be removed from infected area or place of quarantine.

33.

Detention of animals at owner’s risk.

34.

Branding of animals.

35.

Director to enter land and erect notices.

36.

Treatment of animals may be restricted.

37.

Director, veterinary officer may require animal to be disinfected, and may make tests.

38.

All stock to be presented for treatment.

39.

Exemption of stock from treatment.

40.

Stray animals infected with disease.

41.

Destruction of carcasses of stray animals.

42.

Buried carcass not to be removed.

43.

Orders as to method of carcass disposal.

43A.

Regulation of stock on railway land and road.

PART VI – MISCELLANEOUS PROVISIONS

44.

Keeping of stock in city, municipality, township or town.

45.

Disinfection of railway trucks and vehicles.

46.

Prohibition of public sale of stock.

47.

Disinfecting public and private stock yards.

48.

Certain things to be carried out under direction of veterinary officer.

49.

No matter to be removed from animals infected with rinderpest or anthrax.

50.

Payment and recovery of fees.

51.

Protection of Government.

52.

Owner, occupier or manager responsible for fees.

53.

Penalties.

SCHEDULES

FIRST SCHEDULE

SECOND SCHEDULE

THIRD SCHEDULE

ANIMAL DISEASES (BIRDS) RULES
[Cap. 213 (1948), Sub. Leg.]
1.

These Rules may be cited as the Animal Diseases (Birds) Rules.

2.

In these Rules, unless the context otherwise requires—

“birds” includes domestic fowls, turkeys, geese, ducks, guinea-fowls, pea-fowls, pigeons, pheasants, parrots and ostriches, and the eggs of such birds;

“inspecting officer” includes a veterinary officer, an officer appointed under the Act and any person authorized by the Director to perform the duties of an inspecting officer under these Rules.

3.

3. (1) Birds and eggs for hatching purposes may only be imported if accompanied by a declaration signed by the breeder to the effect that—

(a)

the blood of each bird in the consignment, and the blood of each bird from which the eggs in the consignment originate, has been appropriately tested with negative results for bacillary white diarrhoea, and that, to the best of the breeder’s knowledge and belief, the said disease does not exist among the birds on his farm or establishment;

(b)

each bird in the consignment has been appropriately tested with negative results for tuberculosis;

(c)

each bird and all eggs are from stock which is, to the best of the breeder’s knowledge and belief, free from disease known as fowl paralysis.

4.

All birds shall, if imported by sea, be imported through the port of Mombasa, and shall, if imported by air, be imported through one of the airports of Mombasa, Nairobi and Kisumu.

5.

All birds imported from overseas shall be subjected to examination on board ship by an inspecting officer at the time of importation, and no birds shall be moved from the place appointed for examination by the inspecting officer except with the written consent of that officer.

6.

The inspecting officer shall satisfy himself, after due inquiry, that the birds imported have not during the voyage either been in contact with any animal which would be likely to spread disease or been exposed to any other infection.

7.

The importer shall satisfy the inspecting officer that no fodder or foodstuff likely to cause disease have been taken on board and have been in contact with the birds imported, and no fodder, foodstuffs or equipment shall be landed from the ship except such as are approved by the inspecting officer acting in accordance with instructions from the Director.

8.

The inspecting officer may cause all birds imported to be inoculated, dipped, disinfected, sprayed or otherwise treated before a permit for movement is issued from the place of detention.

9.

An inspecting officer may, with the authority of the Director, cause any birds imported, which are affected or suspected of being infected with any disease or which have been in contact with a diseased animal or have otherwise been exposed to infection or contagion of disease, to be destroyed, or subject the birds to treatment in accordance with these Rules.

10.

Notwithstanding anything to the contrary in the foregoing rules, the Director may in special circumstances authorize the importation of any birds, and, at his discretion, allow the importation of any birds which are intended to be exported within forty-eight hours to Uganda or Tanzania.

11.

The importation of birds from Tanzania or Uganda may be allowed subject to such conditions as the Director may direct.

12.
(1)

The certificate of a veterinary officer certifying that they have come from an area free from contagious and infectious disease must be furnished to the inspecting officer at the time of importation at the port of entry in respect of all birds imported from overseas.

(2)

Such certificate shall be dated not more than ten days prior to the date of embarkation.

13.

Any person who contravenes any of the provisions of these Rules shall be guilty of an offence and liable to a fine not exceeding two thousand shillings or to imprisonment for a term not exceeding two months, or to both.

ANIMAL DISEASES (FOOT-AND-MOUTH DISEASE) RULES
[Cap. 213 (1948), Sub. Leg.]
1.

These Rules may be cited as the Animal Diseases (Foot-and-Mouth Disease) Rules.

2.

In these Rules, unless the context otherwise requires—

“infected area” means an area declared under section 5 of the Act to be an area infected with foot-and-mouth disease.

3.

Where a veterinary officer or a veterinary inspector has reason to believe that foot-and-mouth disease exists on premises in a district (hereinafter referred to as the infected premises), he shall forthwith cause the owners or occupiers of the adjoining farms, as many persons as possible in the district and the Director to be notified of the suspected outbreak and the quarantine measures which are to be complied with in the area in which such disease is believed to exist.

4.

A veterinary officer or veterinary inspector shall display or cause to be displayed quarantine notices on public roads entering the infected area, and shall require the owner or manager of the infected premises to display similar notices at the entrance to the infected premises.

5.

A veterinary officer or veterinary inspector may issue such instructions as in his opinion are necessary to prevent the spread of the disease to other animals on the infected premises, or in other portions of the infected area, and, without prejudice to the generality of the foregoing, may require such measures as he may consider necessary to be taken in regard to the disinfection of animals (other than cattle, sheep and pigs, which shall not, except under the proviso to rule 7, be allowed to leave any infected premises or any premises in the infected area), vehicles and persons before such animals, vehicles or persons may leave any infected premises.

6.

The power to issue stock movement permits, other than by a veterinary officer or veterinary inspector, shall be suspended in any infected area for such period as the veterinary officer or veterinary inspector may specify.

7.

In any infected area all public stock sales shall be cancelled by any magistrate, veterinary officer or veterinary inspector, and any stock movement permit which may have been issued in respect of such area shall forthwith cease to be valid:

Provided that a veterinary officer or veterinary inspector may, in his discretion, and subject to such conditions as he may impose, issue a permit sanctioning the movement of a limited number of slaughter stock to places within or without the infected area.

8.

Any person who contravenes any order, instruction or requirement issued by a veterinary officer or veterinary inspector under these Rules shall be guilty of an offence and liable to a fine not exceeding two thousand shillings or to imprisonment for a term not exceeding two months, or to both.

ANIMAL DISEASES (COMPULSORY FOOT AND MOUTH VACCINATION) RULES, 1966
[L.N. 91/1966.]
1.

These Rules may be cited as the Animal Diseases (Compulsory Foot and Mouth Vaccination) Rules, 1966.

2.

The Director of Veterinary Services may, by notice in the Gazette, declare any area to be a compulsory foot and mouth vaccination area.

3.

All cattle, in a compulsory foot and mouth vaccination area shall be immunized against foot and mouth disease by a vaccine approved by the Director of Veterinary Services, and immunity shall be maintained by repeated vaccinations as considered necessary by the Director of Veterinary Services.

4.

All cattle owners in a compulsory foot and mouth vaccination area shall be responsible for bearing the cost of immunizing their cattle against foot and mouth disease, except that under no circumstances shall they be charged more than the cost of vaccine as laid down in the Third Schedule to the Fees and Payments Prescribed under section 15 of this Act.

5.

All pigs, sheep and goats shall be vaccinated against foot and mouth disease as required by the Director of Veterinary Services, and the cost thereof shall be borne by the owners.

6.

Any person who contravenes these Rules shall be guilty of an offence and shall be liable to the penalty prescribed by section 20 of the Act.

ANIMAL DISEASES (HATCHERIES) RULES, 1985

ARRANGEMENT OF RULES

1.

Citation.

2.

Interpretation.

3.

Hatcheries to be licensed.

4.

Application for a licence.

5.

Hatchery licence.

6.

Hatchery premises and equipment to be sanitary and fit for the purpose.

7.

Maintenance and cleaning of brooder rooms and incubators.

8.

Breeding flock, etc.

9.

Hatchery personnel.

10.

Inspection.

11.

Breeding and sale from infected hatchery.

12.

Licensee to keep records.

13.

Power, of inspecting officer.

14.

Offences and penalty.

SCHEDULE —

LICENCE TO OPERATE A HATCHERY

ANIMAL DISEASES (HATCHERIES) RULES, 1985
[L.N. 47/1985.]
1.
Citation

These Rules may be cited as the Animal Diseases (Hatcheries) Rules, 1985.

2.
Interpretation

In these Rules, unless the context otherwise requires—

“avian tuberculosis” means the poultry disease caused by Mycobacterium avian;

“baby chicks” includes all newly hatched poultry which are less than three days old;

“epidemic tremor” means the poultry disease caused by avian encephalomyelitis virus;

“flock” means a collection of poultry of the same breed, cross or variety, capable of interbreeding;

“fowl pest” means the poultry disease caused by Newcastle disease virus;

“fowl typhoid” means the poultry disease caused by Salmonella gallinarum;

“hatchery” includes any equipment operated or controlled for the production of baby chicks;

“inspecting officer” means an inspector or a veterinary officer;

“poultry” includes chickens, turkeys, geese, ducks, guinea fowls, pigeons, quails, pea fowl, pheasants, parrots, ostrich, game birds, and other domestic fowl which are bred for the primary purpose of production of eggs and meat;

“pullorum disease” means the disease of poultry caused by Salmonella pullorum.

3.
Hatcheries to be licensed

A person shall not operate a hatchery for the sale of baby chicks to farmers without a licence.

4.
Application for a licence
(1)

A person who intends to operate a hatchery for the production of baby chicks for sale to farmers shall apply for a licence to the nearest inspecting officer in the approved form.

(2)

An inspecting officer, on receipt of an application, shall inspect the premises intended to be used as a hatchery and shall forward a report thereon to the Director.

(3)

On receipt of the report of the inspecting officer, the Director may issue a licence in the form set out in the Schedule to the applicant on payment of a fee.

(4)

Where an inspecting officer believes that the applicant should not be granted a licence, he shall first inform the applicant in writing of the reasons thereof and the inspecting officer shall allow the applicant two months from the date of receipt thereof to remedy any defects in the premises or equipment before he forwards a report to the Director.

5.
Hatchery licence
(1)

A hatchery licence shall expire on the 30th June in each year, but may be renewed.

(2)

The fees for a licence for the first year or part of a year and for each annual renewal shall be one hundred shillings.

(3)

An application for renewal shall be made to the Director in the approved form before the 30th April in each year accompanied by the renewal fee.

6.
Hatchery premises and equipment to be sanitary and fit for the purpose
(1)

A hatchery shall be situated away from residential and commercial premises and shall be constructed to prevent the escape of the flock and the entry of unauthorized personnel.

(2)

The equipment, poultry houses, brooder rooms and incubators at the premises of a hatchery, and the land shall be kept in a clean sanitary condition.

7.
Maintenance and cleaning of brooder rooms and incubators
(1)

The walls, floors and trays of incubators shall be kept clean and sanitary, free from broken eggs, eggshells and droppings.

(2)

Hatching trays shall be cleaned, disinfected and fumigated after each batch.

8.
Breeding flock, etc.
(1)

A breeding flock shall consist of healthy, normal individuals and shall be characteristic of the breed, variety, cross or other combination which it is stated to represent.

(2)

The breeding flock, eggs and equipment connected therewith shall be kept separate from any other flock and other animals.

(3)

The breeding flock shall, so far as it is possible so to do, be kept vaccinated against notifiable diseases to which it is liable; and the breeding flock between eighteen and twenty-two weeks old shall be tested by an inspecting officer for pullorum disease and fowl typhoid.

(4)

Incubated eggs shall be sound in shell, typical for their breed, variety, strain or cross and reasonably uniform in shape and hatching eggs shall be placed in tray.

(5)

Baby chicks shall be boxed in new boxes.

(6)

A licensee shall immediately report in writing to an inspecting officer all cases of sickness, unusual mortality or significant drop in egg production.

9.
Hatchery personnel

The licensee shall ensure that all personnel who come into contact with the breeding flock and the hatchery shall take sanitary precautions, including the disinfection of footwear and change of clothing, to prevent the transmission of infection.

10.
Inspection

An inspecting officer shall inspect the breeding flock, the equipment and premises of a hatchery regularly, and the inspection shall be carried out not less than six times in a year.

11.
Breeding and sale from infected hatchery
(1)

A person shall not, for the purpose of sale, breed poultry unless the breeding flock has passed a blood test for pullorum disease.

(2)

A person shall not sell, expose or offer for sale any poultry, baby chicks or eggs from a hatchery which is infected with a notifiable disease affecting poultry.

12.
Licensee to keep records

A licensee shall keep written records of—

(a)

movements of hatching eggs, baby chicks and birds to and from the hatchery;

(b)

names and addresses of consignors and consignees;

(c)

the fertility, hatching rate and culls for each hatch of eggs set; and

(d)

treatment, tests and results of post-mortems carried out.

13.
Power, of inspecting officer

An inspecting officer may, with the written authority of the Director, cause poultry, baby chicks or eggs, which he suspects to be infected with a notifiable disease affecting poultry, to be destroyed and the hatchery from which they come to be cleaned, disinfected and fumigated.

14.
Offences and penalty

A person who contravenes a provision of these Rules shall be guilty of an offence and liable to imprisonment for a term not exceeding six months or to a fine not exceeding five thousand shillings, or to both.

SCHEDULE

[Rule 4(3).]

LICENCE TO OPERATE A HATCHERY