Section 2 of Public Health Act CAP 242: 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 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
(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, fellmonger, 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;
“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.
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- Section 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...
- Section 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...
- Section 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...
- Section 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...
- Section 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...
- Section 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...
- Section 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...
- Section 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.
- Section 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...
- Section 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,...
- Section 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.
- Section 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...
- Section 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...
- Section 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...
- Section 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...
- Section 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...
- Section 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,...
- Section 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...
- Section 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...
- Section 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...
- Section 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...
- Section 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...
- Section 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...
- Section 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...
- Section 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...
- Section 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...
- Section 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...
- Section 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...
- Section 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...
- Section 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...
- Section 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...
- Section 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—...
- Section 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...
- Section 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...
- Section 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,...
- Section 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...
- Section 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...
- Section 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...
- Section 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...
- Section 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...
- Section 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...
- Section 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...
- Section 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...
- Section 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...
- Section 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...
- Section 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...
- Section 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...
- Section 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...
- Section 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...
- Section 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...