Section 42 of Public Health Act CAP 242: 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.
Enhance Your Research with Bookmarks and Annotations
Here's how you can use these features:
- To bookmark this page, click the "Bookmark this Page" button below the document title.
- To add an annotation, highlight text in the document and select "Add Annotation" from the toolbar that appears.
- These features are great for organizing your research and keeping track of key information.
- You can view and manage your bookmarks and annotations on your Bookmarks and Annotations page.
- 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...
- Section 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...
- Section 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...
- Section 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...
- Section 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...
- Section 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...
- Section 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...
- Section 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...
- Section 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,...
- Section 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 board and require any such person to answer any...
- Section 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...
- Section 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...
- Section 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...
- Section 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,...
- Section 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...
- Section 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...
- Section 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...
- Section 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...
- Section 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...
- Section 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...
- Section 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...
- Section 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...
- Section 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...
- Section 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...
- Section 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,...
- Section 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...
- Section 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...
- Section 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...
- Section 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...
- Section 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...
- Section 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.
- Section 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...
- Section 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;...
- Section 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...
- Section 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...
- Section 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...
- Section 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...
- Section 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...
- Section 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...
- Section 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...
- Section 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,...
- Section 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...