LAWS OF KENYA
MALARIA PREVENTION ACT
CAP. 246
- Published in Kenya Gazette Vol. VXXI—No. 45 on 20 August 1929
- Assented to on 31 July 1929
- Commenced on 31 July 1929
- [Amended by Statute Law (Miscellaneous Amendments) Act, 1966 (Act No. 21 of 1966) on 12 July 1966]
- [Amended by Transfer of Functions (Health and Education) Regulations, 1970 (Legal Notice 41 of 1970) on 13 March 1970]
1. Short title
This Act may be cited as the Malaria Prevention Act.2. Interpretation
In this Act—"Drain" means a pipe or channel whether open or closed, used or intended to be used for the drainage of land;"Health authority" means health authority as defined in the Public Health (Amendment) Act, 1928;"Land" includes all buildings thereon;"Owner" as regards immovable property, includes any person, other than the Government, receiving the rent or profits of lands or premises from a tenant or occupier thereof, or who would receive the rent or profits if the land or premises were let, whether on his own account or as agent for another person, other than the Government, entitled thereto or interested therein; and includes a lessee or licensee from the Government, and a superintendent, overseer or manager of the lessee or licensee residing on the holding.[Act No. 21 of 1966, 1st Sch., L.N. 41 of 1970, Sch.]3. Health authority may construct and maintain drainage systems
A health authority may, for the purpose of prevention or suppression of malaria, construct and maintain within the area subject to its control a system or systems of drainage for the removal of water from any land within the area, and may level or adjust the surface of the land as part of the system or systems, and may readjust the boundaries, areas and shapes of any plot or holding affected.[L.N. 41 of 1970, Sch.]4. Power of entry upon land
5. No construction to obstruct flow of water
No person shall, within an area subject to the control of a health authority, build or maintain a dam or other construction so as to obstruct the flow of water into or out of a drain under the control of the health authority, nor by any means alter the level of any water so as to reduce its flow, nor construct any steps, bridge or platform over a drain under the control of the health authority without the consent in writing of that health authority; and the health authority may cause any such dam or other construction, or any steps, bridge or platform so built or constructed without written consent to be demolished, altered, re-made or otherwise dealt with, as it may think fit, at the expense of the person building or constructing it, and any money becoming due from a person under this section shall be a civil debt recoverable summarily.[L.N. 41 of 1970, Sch.]6. No trees to be planted without consent of health authority
No person shall, within an area subject to the control of a health authority, plant trees or otherwise cultivate land in such a manner as is likely, in the opinion of that health authority, to obstruct the flow of water into or out of or in a drain or culvert under the control of the health authority; and the health authority may, by notice in writing, require the removal of any tree or vegetation which is likely to cause such obstruction; and, in the event of non-removal within a time to be specified by the health authority, the health authority may cause the tree or vegetation to be removed at the expense of the person planting or cultivating it, and any money becoming due from a person under this section shall be a civil debt recoverable summarily.[L.N. 41 of 1970, Sch.]7. Drains not to be connected without consent of health authority
No person shall, without the written consent of a health authority, make or connect, or cause to be made or connected, any drain into another drain or into a canal or stream under the control of the health authority, and a health authority may cause any such drain constructed without written consent to be demolished, altered, re-made or otherwise dealt with as it may think fit at the expense of the person making or connecting it, and any money becoming due from a person under this section shall be a civil debt recoverable summarily.[L.N. 41 of 1970, Sch.]8. Owner of land to do works in certain cases
Whenever it appears to a health authority that any land, or any pond, tank, well, spring, drain, stream, waterlogged ground or swamp, irrigation canal or other collection of water within the area under its control, is or is likely to be favourable to the existence or propagation of mosquitoes, the health authority may, by notice in writing, require the owner or occupier of the land within a reasonable time to be specified in the notice to comply with such requirements in regard to the land, pond, tank, well, spring, drain, stream, waterlogged ground or swamp, irrigation canal or other collection of water as it may specify for the purpose of preventing or suppressing the existence or propagation of mosquitoes therein or thereupon; and if within the time specified in the notice the owner or occupier of the land has not complied with the requirements thereof he shall be guilty of a contravention of this Act, and thereupon the health authority may enter upon the land and carry out or complete the required work thereon, and may recover the cost of carrying out or completing the work from the person in default, and all moneys due from a person to the health authority under this section shall be a civil debt recoverable summarily.[L.N. 41 of 1970, Sch.]9. Contribution by owner of land towards cost of drainage
10. Owner to pay to health authority value of area gained by readjustment
11. Health authority to pay to owner value of area lost by readjustment
If a plot or holding is diminished in size by readjustment of boundaries under section 3, the owner of the plot or holding shall receive as compensation from the health authority the value of the area by which the plot or holding is diminished, and the amount of the compensation shall be agreed between the owner of the plot or holding and the health authority, or, failing agreement, shall be decided by arbitration under the Arbitration Act (Cap. 49).[L.N. 41 of 1970, Sch.]12. Mode of determining compensation
In the event of the owner of the land claiming compensation for damage caused to his land by action taken by the health authority in pursuance of the powers granted by this Act, the amount of compensation shall be agreed upon between the owner of the land and the health authority, or, failing agreement, shall be decided by arbitration under the Arbitration Act (Cap. 49).[L.N. 41 of 1970, Sch.]13. Penalty
A person who contravenes any of the provisions of this Act or of any notice thereunder, or who obstructs any person in the execution of his duty under this Act, shall be guilty of an offence and liable to a fine not exceeding one thousand shillings.14. Saving of the Public Health Act
The powers and provisions contained in this Act shall be in addition to and not in derogation of the powers and provisions contained in the Public Health Act (Cap. 242).History of this document
13 March 1970 this version
12 July 1966
20 August 1929
31 July 1929
Assented to
Commenced
Cited documents 0
Documents citing this one 2
Legal Notice 2
| 1. | The Statutory Instruments (Exemption from Expiry) Regulations | |
| 2. | The Statutory Instruments (Exemption from Expiry) Regulations |