Section 91 of Public Health Act CAP 242: 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, and while in such custody shall be subject to the provisions of this Act any rules made thereunder.
(2) Any person who escapes from such lawful custody may be pursued, arrested without warrant and taken back into custody by any person whomsoever and wheresoever he may be found.
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- 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...
- Section 125 - Duty of department as to overcrowding, etc.
It shall be the duty of the Medical Department—
(a) to collect, investigate and consider and publish the facts as to any overcrowding or bad or insufficient housing in the various districts of...
- Section 126 - Rules under Part
The Minister, on the advice of the board, may make rules and may confer powers and impose duties in connexion with the carrying out and enforcement thereof on local authorities, magistrates, owners...
- Section 126A - By-laws as to buildings and sanitation
(1) Every municipal council and every urban and area council may, and shall if so required by the Minister for the time being responsible for local government with the agreement of the Minister, make...
- Section 126B - Power to relax requirements of building by-laws
Where a local authority considers that the operation of any building by-law made by it under section 126A would be unreasonable in relation to any particular case, it may, with the consent of the...
- Section 126C - Passing or rejection of plans and retention of plans, etc.
(1) Where plans of any proposed work are, in accordance with any building by-laws made under section 126A, deposited with a local authority, the local authority shall, subject to any other provisions...
- Section 126D - Power to require removal or alteration of work in certain cases
(1) If any work, to which building by-laws made under section 126A are applicable, contravenes any of those by-laws, the local authority which made them, without prejudice to its right to take...
- Section 127 - Construction and regulation of buildings used for storage of foodstuffs
(1) All warehouses, godowns or buildings of whatever nature used for the storage of foodstuffs shall be constructed of such materials and in such manner as shall in the opinion of the medical officer...
- Section 128 - Prohibition of residing or sleeping in kitchens or food stores
(1) No person shall reside or sleep in any kitchen or room in which foodstuffs are prepared or stored for sale.
(2) If it appears to the medical officer of health that any such kitchen or room is...
- Section 129 - Duty of local authority as to protection of water supplies
It shall be the duty of every local authority to take all lawful, necessary and reasonably practicable measures—
(a) for preventing any pollution dangerous to health of any supply of water which the...
- Section 130 - Rules for protection of water supplies
(1) The Minister, on the advice of the board, may make, and impose on local authorities and others the duty of enforcing, rules in respect of defined areas—
(a) prohibiting bathing in, and...
- Section 131 - Sale of unwholesome food prohibited
(1) No person shall sell or expose for sale or import or bring into any market or have in his possession without reasonable excuse any food for man in a tainted, adulterated, diseased or unwholesome...
- Section 132 - Seizure of unwholesome foods
Any medical officer of health, or other person duly authorized by the health authority in writing, may, at any time between the hours of 6 a.m. and 6 p.m., enter any shop or premises used for the sale...
- Section 133 - Penalty respecting unwholesome food
Any person in whose possession there is found any food liable to seizure under section 131 or section 132 shall further be guilty of an offence and liable to a fine not exceeding two hundred thousand...
- Section 134 - Rules for protection of food
The Minister, on the advice of the board, may make rules regarding all or any of the following matters—
(a) the inspection of dairy stock and of animals intended for human consumption, and of...
- Section 135 - Orders for protection of food
The Minister, on the advice of the Board, may make orders—
(a) requiring the medical examination of any person in any premises in which any milk or dairy produce or other article of food intended...
- Section 135A - Powers of certain municipal councils respecting milk, etc.
(1) Every municipal council may with the approval of the Minister make bylaws applicable to its area for all or any of the following purposes—
(a) for regulating, supervising and licensing purveyors...
- Section 136 - Breeding places of mosquitoes to be nuisances
For the purposes of this Act—
(a) all collections of water, sewage, rubbish, refuse, ordure or other fluid or solid substances which permit or facilitate the breeding or multiplication of animal or...