Section 103 of Public Health Act CAP 242: 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 Medical Services and any person appointed by the Director of Medical Services to assist or act for a public vaccinator, and includes any Government medical officer, medical officer of health or district surgeon;
“unprotected person” means a person, including a child, who has not been protected from smallpox by having had the disease, either naturally or by inoculation or by having been successfully vaccinated, and who has not been certified under this Act to be insusceptible to vaccination.
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- 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...
- Section 137 - Yards to be kept free from bottles, whole or broken, etc.
(1) The occupier or owner of any premises shall keep such premises free from all bottles, whole or broken, whether fixed on walls or not, tins, boxes, calabashes, earthenware vessels, shells or any...
- Section 138 - Premises not to be overgrown
No person shall within a township permit any premises or lands owned or occupied by him or over which he has control to become overgrown with bush or long grass of such a nature as, in the opinion of...
- Section 139 - Wells, etc., to be covered
(1) It shall not be lawful for any person to keep, or for the occupier or owner of any premises to allow to be kept thereon, any collection of water in any well, barrel, tub, bucket, tank or other...
- Section 140 - Cesspits to be screened
The occupier or owner of any premises upon or attached to which is any cesspit shall cause such cesspit to be properly protected or screened to the satisfaction of the medical officer of health so as...
- Section 141 - Gutters may be required to be perforated
It shall be lawful for the medical officer of health by written notice to require the occupier or owner of any premises upon or attached to which is any gutter, pipe, groove or waterway used or...
- Section 142 - Larvae, etc., may be destroyed
Where any of the immature stages of the mosquito are found on any premises in any collection of water in any cesspit, well, pool, channel, barrel, tub, bucket, tank or any other vessel, or in any...
- Section 143 - Mere presence of mosquito larvae an offence
Notwithstanding any provision of this Act, the occupier or owner of any house or premises, or the owner or person having the charge of any vessel, timber, cask or other article, in or about which...
- Section 144 - Dead to be buried in appointed cemeteries
(1) It shall be lawful for the Minister to select and appoint and to notify in the Gazette sufficient and proper places to be the sites of and to be used as cemeteries; and it shall be obligatory...
- Section 145 - Authorized cemeteries
All cemeteries now being used as such, and such other cemeteries as may be authorized by the Minister, notice whereof shall be published in the Gazette, shall be deemed authorized cemeteries.
- Section 146 - Permit to exhume
(1) Subject to the provisions of section 147, it shall not be lawful to exhume any body or the remains of any body which may have been interred in any authorized cemetery or in any other cemetery,...
- Section 147 - Exhumation needed for execution of public works may be ordered
(1) It shall be lawful for the Minister, whenever he deems it expedient for the execution of any public work or any public purpose, to remove any body or the remains of any body from any grave whether...
- Section 148 - Record of permits and orders for exhumation
(1) There shall be kept a record of every permit granted and of every order made under section 146 or section 147.
(2) Such record shall contain particulars, so far as the same can be ascertained,...