Section 63 of Public Health Act CAP 242: Declaration of infected places, ports of entry, etc.
(1) The Minister may, by order—
(a) declare that any place beyond or within Kenya is infected with a formidable epidemic disease or that a formidable epidemic disease is liable to be brought or carried from or through that place, and thereupon, and for so long as such order remains in force, that place shall be a proclaimed place within the meaning of this Act;
(b) declare any port in Kenya to be a first port of entry for all or for any particular class or description of overseas vessels coming from a proclaimed place, and require masters of such vessels bound for Kenya to enter a port so declared before entering any other port of
Kenya, except in case of danger or for other sufficient reason;
(c) prohibit, restrict or regulate the immigration or importation into Kenya of any person, animal, article or thing likely, in his opinion, to introduce any infectious disease, or impose restrictions or conditions as regards the examination, detention, disinfection or otherwise of any such animal, article or thing.
(2) Any person who contravenes or fails to comply with an order made under subsection (1) shall be guilty of an offence and liable to a fine not exceeding two thousand shillings.
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 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...
- Section 93 - Cost of erection and maintenance of asylum to be defrayed out of public funds
The cost of the erection, establishment and maintenance of asylums, of the removal of persons thereto, of the maintenance of persons detained therein (save in so far as such cost of maintenance may be...
- Section 94 - Superintendent may recover certain sums from inmates and allow private building
It shall be lawful, subject to the approval of the Minister, for the superintendent in the case of any inmate of an asylum under this Part to receive or recover from such inmate the expense of his...
- Section 95 - Court may appoint manager of detained persons
(1) The High Court may appoint a manager for the temporary or permanent care and administration of any property of a person removed to an asylum for detention under this Act, and Part XI of the Mental...
- Section 96 - Cleansing and disinfecting of residence of persons isolated
Whenever any person has been placed in isolation by order of a magistrate under section 79, the medical officer of health shall cause the residence of that person to be forthwith cleansed and...
- Section 97 - Photographing of persons confined in asylums
(1) It shall be the duty of every person detained in an asylum under this Act to submit himself to be photographed from time to time as the superintendent shall think fit.
(2) Any such person who...
- Section 98 - Penalties for contravention of Part
Any person who is guilty of an offence under this Part shall be liable to a fine not exceeding fifteen thousand shillings or to imprisonment for a term not exceeding one year or to both.
- Section 99 - Rules under Part
The Minister may make rules and prescribe the penalties for the breach thereof not exceeding the penalties mentioned in section 98—
(a) for the isolation, examination and removal to asylums of...
- Section 100 - Examination and report of one medical practitioner to suffice temporarily where two not available
Notwithstanding anything in this Act contained, the examination and report of one medical practitioner shall suffice for the purpose of an interim reception order under this Act, whenever undue delay...
- Section 101 - Police officer to execute orders under Act
It shall be the duty of every police officer to execute any lawful order of the Minister, or any magistrate issued under this Act, and any person resisting or obstructing any magistrate, medical...
- Section 102 - Private asylums
(1) If the Minister is satisfied that proper provision will be made for the care, comfort and custody of persons affected with leprosy, and for regulating intercourse between such persons and persons...
- Section 103 - Interpretation of Part
For the purposes of this Part—
“child” means a person who is under, or who appears to be under, fifteen years of age;
“public vaccinator” includes a public vaccinator appointed by the Director of...
- Section 104 - Vaccination of children
The parent or guardian of every child in Kenya shall, unless such child is insusceptible or unfit or has suffered from smallpox, cause such child to be successfully vaccinated by a public vaccinator,...
- Section 105 - Vaccination of persons entering Kenya
(1) Every unvaccinated adult person, or the parent or guardian of every unvaccinated child, in or entering Kenya shall cause himself or such child to be successfully vaccinated within twelve months...
- Section 106 - Emergency vaccination of population in area threatened with smallpox
In the event of the occurrence or threatened outbreak of smallpox in any area—
(a) the medical officer of health or the district surgeon or other Government medical officer may require are person to...
- Section 107 - Person unfit for vaccination
(1) If any public vaccinator or medical practitioner is of opinion that any adult or child is not in a fit state to be vaccinated, he shall give to the adult or to the parent or guardian of the child...
- Section 108 - Person insusceptible of successful vaccination
(1) If any public vaccinator or medical practitioner finds that any adult or child whom he has three times unsuccessfully vaccinated is insusceptible of successful vaccination, or that the adult or...
- Section 109 - Certificate to be given for successful vaccination
Every public vaccinator or medical practitioner who has performed the operation of vaccination upon any adult or child, and has ascertained that the same has been successful, shall deliver to such...
- Section 110 - No fee to be charged by public vaccinator, and certificate to contain description of person vaccinated
(1) No fee or remuneration shall be charged to the person vaccinated by any public vaccinator for any certificate granted under this Act, nor for any vaccination done by him in pursuance of this Act....
- Section 111 - Vaccination of inmates of institutions
Every superintendent or person in charge of a leper asylum or mental hospital or chronic sick hospital, jail, prison, reformatory, penitentiary or other similar institution shall cause to be...
- Section 112 - School children to be vaccinated
(1) No child shall be admitted to or attend any school until there has been produced to the person in charge thereof a certificate or other satisfactory evidence that the provisions of this Part in...
- Section 113 - Prohibited methods of inoculation
Any person who inoculates himself or any other person with material taken from a person suffering from smallpox or from a vaccine vesicle on another person or by any method not prescribed in the rules...