Section 74 of Public Health Act CAP 242: 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 masters or owners or agents of vessels or on persons in charge of railway trains or of vehicles, or on employers of labour, labour recruiting agents or others.
(2) Any person contravening any provision of this Part, or of any order or rule thereunder, shall be guilty of an offence and liable, save as hereinbefore and in subsection (3) provided, to a fine not exceeding one thousand shillings or to imprisonment without the option of a fine for a term not exceeding three months or to both.
(3) If the master of a vessel contravenes any provision of this Act or any rule thereunder relating to pratique or quarantine, or makes any false statement or false answer to any question in any declaration of health, knowing the same to be false, he shall be guilty of an offence and liable to a fine not exceeding four thousand shillings or to imprisonment without the option of a fine for a term not exceeding twelve months or to both.
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- 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...
- Section 114 - Rules
The Minister, on the advice of the board, may make rules—
(a) prescribing the form of certificates, notices, returns and books of record to be used in connexion with public vaccination, and defining...
- Section 115 - Nuisances prohibited
No person shall cause a nuisance or shall suffer to exist on any land or premises owned or occupied by him or of which he is in charge any nuisance or other condition liable to be injurious or...
- Section 116 - Local authorities to maintain cleanliness and prevent nuisances
It shall be the duty of every local authority to take all lawful, necessary and reasonably practicable measures for maintaining its district at all times in clean and sanitary condition, and for...
- Section 117 - Health authorities to prevent or remedy danger to health from unsuitable dwellings
It shall be the duty of every health authority to take all lawful, necessary and reasonably practicable measures for preventing or causing to be prevented or remedied all conditions liable to be...
- Section 118 - What constitutes nuisance
(1) The following shall be deemed to be nuisances liable to be dealt with in the manner provided in this Part—
(a) any vessel, and any railway carriage or other conveyance, in such a state or...
- Section 119 - Notice to remove nuisance
The medical officer of health, if satisfied of the existence of a nuisance, shall serve a notice on the author of the nuisance or, if he cannot be found, on the occupier or owner of the dwelling or...
- Section 120 - Procedure if owner fails to comply with notice
(1) If the person on whom a notice to remove a nuisance has been served as aforesaid fails to comply with any of the requirements thereof within the time specified, the medical officer of health shall...
- Section 121 - Penalty respecting nuisances
(1) Any person who fails to obey an order to comply with the requirements of the medical officer of health or otherwise to remove the nuisance shall, unless he satisfies the court that he has used all...
- Section 122 - Court may order health authority to execute works in certain cases
Whenever it appears to the satisfaction of the court that the person by whose act or default the nuisance arises, or that the owner or occupier of the premises, is not known or cannot be found, the...
- Section 123 - Examination of premises
The health authority or any of its officers, or the medical officer of health, or any sanitary inspector, or, on the order of a magistrate, any police officer of or above the rank of Inspector, may...
- Section 124 - Demolition of unfit dwellings
(1) Where any such nuisance as is mentioned in section 118 is proved to exist with respect to a dwelling, and the court is satisfied that such dwelling is so dilapidated or so defectively constructed...