Related documents
- Is amended by 24th Annual Supplement
LAWS OF KENYA
PUBLIC HEALTH ACT
THE PUBLIC HEALTH (INTRODUCTION OF PERSONS AND THINGS BY AIRCRAFT) ORDER
LEGAL NOTICE 467 OF 1958
- Published in Kenya Gazette Vol. LX—No. 52 on 28 October 1958
- Commenced on 28 October 1958
- [Revised by 24th Annual Supplement (Legal Notice 221 of 2023) on 31 December 2022]
PUBLIC HEALTH (CENTRAL BOARD OF HEALTH) RULES | ||
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[Cap. 130 of (1948), Sub. Leg. L.N. 306/1993.] | ||
RULES UNDER SECTION 7 |
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INFECTIOUS DISEASES DECLARED TO BE NOTIFIABLE DISEASES | ||
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[Cap. 130 of (1948), Sub. Leg. L.N. 49/2003.] | ||
RULES UNDER SECTION 17(2)(A) |
Influenza | ||
Relapsing fever, | ||
Blackwater fever, | ||
Encephalitis lethargica, | ||
Yellow fever, | ||
Kala-azar, | ||
Malaria, microscopically diagnosed within the municipality of Kitale, | ||
Bacillary dysenteryAmoebic dysentry | Within the municipality of Nairobi, | |
Severe Acute RespiratorySyndrome (SARS). |
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PROVISIONS OF THE ACT WHICH ARE DECLARED ALONE TO APPLY TO PARTICULAR NOTIFIABLE INFECTIOUS DISEASES | ||
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[Cap. 130 of (1948), Sub. Leg.] | ||
RULES UNDER SECTION 17(2)(B) |
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AREAS TO WHICH THE PROVISIONS OF THE ACT AS REGARDS THE NOTIFICATION OF PARTICULAR DISEASES IS RESTRICTED | ||
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[Cap. 130 of (1948), Sub. Leg.] | ||
RULES UNDER SECTION 17(2)(C) |
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PUBLIC HEALTH (SLEEPING SICKNESS) RULES | ||
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[Cap. 130 of (1948), Sub. Leg.] |
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ORDERS UNDER SECTION 36 | ||
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[Cap. 130 of (1948), Sub. Leg.] |
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PUBLIC HEALTH (TSETSE FLY AREAS) RULES | ||
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[Cap. 130 of (1948), Sub. Leg.] |
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SCHEDULE | ||
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[Rule 1.] |
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PUBLIC HEALTH (RATS AND MICE DESTRUCTION) RULES | ||
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[Cap. 130 of (1948), Sub. Leg.] |
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PUBLIC HEALTH (RAT VIRUS) RULES | ||
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[Cap. 130 of (1948), Sub. Leg.] |
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EXEMPTIONS UNDER SECTION 57, PROVISO | ||
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[Cap. 130 of (1948), Sub. Leg.] |
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TARIFF OF CHARGES PRESCRIBED | ||
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[G.N. 1086/1949.] | ||
UNDER SECTION 73(J) |
Sh. | cts. | |
For ships of up to 300 tons …………………………. | 10 | 50 |
For ships from 301 tons to 1,000 tons …………………………. | 21 | 00 |
For ships from 1,001 tons to 3,000…………………………. | 42 | 00 |
For ships from 3,001 tons to 10,000…………………………. | 63 | 00 |
For ships over 10,000 tons…………………………. | 84 | 00 |
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PUBLIC HEALTH (DRAINAGE AND LATRINE) RULES | ||
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[Cap. 130 of (1948), Sub. Leg. L.N. 138/1959, L.N. 92/1960.] |
1. Citation
These Rules may be cited as the Public Health (Drainage and Latrine) Rules.2. Application
The Minister may, by notice in the Gazette, declare that on and after a specified date the whole of these Rules or specified provisions thereof shall apply to the whole or a specified part of the district of any local authority, hereinafter referred to as the local authority.[L.N. 138/1959, r. 2.]3. Interpretation
In these Rules, unless the context otherwise requires—“closed drain” means any drain constructed of pipes or in the form of an enclosed conduit;“cement” and “Portland cement” mean Portland cement which conforms in every respect with the current British Standard Specification for Ordinary Portland Cement and Rapid Hardening Cement;“drainage works” means the construction, installation, laying, connecting, fixing, repair or removal of any pipe, drain, gully, cesspool, septic tank, sewage filter installation or other works for the discharge, reception or disposal of sewage in connexion with any premises, or of any waste-pipe, soil-pipe, trap, urinal, water-closet, slop-hopper, sink, bath, lavatory basin, ventilation pipe or antisyphonage pipe, or any drain fitting or water- flushing cistern, or any works connected with the discharge of liquid or soiled matter into any drain, sewer, cesspool, septic tank, sewage filter installation or other like receptacle for drainage, or otherwise connected with the drainage of any premises;“domestic building” includes any building in human use, or intended for human use, whether for purposes of business or residence or amusement;“dwelling-house” means a building or any part or portion of a building used, or constructed, adapted or designed to be used, for human habitation, as a separate tenancy, or by one family only, whether detached, semi-detached or separated by party walls or by floors from adjoining buildings, together with such outbuildings as are reasonably required to be used or enjoyed therewith;“earth-closet” means a pail-closet furnished with means for sprinkling earth, ashes or any other material for the purpose of absorbing or covering the excremental matter;“housemaid’s sink” means any fitting used or intended to be used in connexion with the cleansing of toilet-ware but neither used nor intended to be used for the reception of any excremental liquid or substance;“latrine” includes privy, urinal, pail-closet, pit-closet, earth-closet, chemical-closet and water-closet;“latrine accommodation” includes a receptacle for human excreta, together with the structure containing and including such receptacle and the fittings and apparatus connected therewith;“pail-closet” means latrine accommodation including a movable receptacle for human excreta;“pit-closet” means latrine accommodation situated over any hole or excavation in the ground;“plot” means any area of land being the subject of a separate conveyance, assignment or lease;“sanitary inspector” means a sanitary inspector appointed by Government or by a local authority to act as such within the district of a local authority;“sewage” means soil-water, waste waters and manufacturing or trade effluent;“sewer” means any duct belonging to the local authority and constructed, acquired or maintained for the purpose of conveying sewage;“sewer connexion” means any pipe junction, saddle or other contrivance constructed in any sewer belonging to the local authority for the purpose of receiving the discharge from any drain, or the drainage from one or more buildings into such sewer;“slop-hopper” means any fitting intended for the reception of slop water from bedrooms or other waste waters containing excremental liquid or substance;“soil-pipe” means any pipe fixed on or in any building for the purpose of conveying the discharges from any water-closet, slop-hopper, urinal or urinette, or any waste waters containing excremental liquid or substance;“soil-water” means discharges from water-closets, slop-hoppers, urinals and urinettes, and all waters containing any excremental liquid or substance;“soil-water fittings” means water-closets, slop-hoppers, urinals and urinettes, and all water fittings adapted or designed for the reception of matters of an excremental character which are or are to be connected to any system of drainage;“water-closet” means latrine accommodation adapted or designed for the reception of human excreta, of both a solid and liquid character, used or adapted or intended to be used in connexion with a water carriage system, and comprising provision for the flushing of the receptacle by means of an approved water supply;“waste-pipe” means any pipe for conveying waste water of a non-excremental character from baths, lavatory basins, sinks, housemaids’ sinks or butlers’ sinks;“waste water” means discharge of a non-excremental character from baths, lavatory basins, sinks, housemaids’ sinks or butlers’ sinks;“waste-water fittings” means baths, lavatory basins, sinks, housemaids’ sinks and butlers’ sinks..
Drainage and Sewerage Provisions, etc.
4. Local authority to enforce drainage of undrained buildings
5. Two or more buildings may be drained by combined operation
If it appears to the local authority that two or more buildings which are to be connected with any sewer belonging to the local authority either voluntarily or compulsorily may be drained more economically or advantageously in combination than separately, and a sewer of sufficient size belonging to the local authority already exists or is about to be constructed at a suitable level and within two hundred feet of any part of such buildings, the local authority may when the drains of such buildings are first laid order that such buildings be drained by a combined system of drainage to be constructed either by the local authority if it so decides or by the owners in such manner as the local authority directs, and the costs and expenses of the construction of such combined system of drainage and of the repair and maintenance thereof shall be apportioned between the owners of such buildings in such manner as the local authority determines, and if paid by the local authority may be recovered by it from such owners.6. New buildings must be drained
7. Local authority may require sinks, drains or other necessary appliances to be provided to buildings
8. Conversion of latrines into water-closets
9. Where sewer available, local authority may require it to be used
10. Maintenance of drains and drainage works
11. Examination of drains, latrines, cesspools and septic tanks
12. Local authority may test drains
13. Stoppages in drains
14. Penalty for unauthorized building over sewers or under streets
Any person who, without the written consent of the local authority—15. Injurious matters not to be passed into sewers
Any person who throws or suffers to be thrown, or passes into any sewer belonging to the local authority or into any drain communicating therewith, any matter or substance by which the free flow of the sewage or other liquid waste may be interfered with, or by which any such sewer or drain may be injured, shall be guilty of an offence.16. Power to prohibit the passing of solid matter, steam, chemical refuse, etc., into sewers
17. Brewery or manufacturing sewage
The local authority may, in its absolute discretion, refuse to admit into any sewer belonging to the local authority any trade, brewery or manufacturing liquid waste, sewage or effluent unless the same has been freed of the grosser objectionable matters, and then only if the sewers in the vicinity belonging to the local authority are in the opinion of such authority of sufficient capacity to convey the trade, brewery or manufacturing liquid waste, sewage or effluent in addition to the ordinary domestic sewage flow of the areas served by such sewers.18. Power to make inspection chamber in manufacturing premises
The local authority shall, at its discretion, have power to construct, on any pipe or channel conveying trade or manufacturing liquid waste, sewage or effluent to any sewer belonging to the local authority, an inspection chamber, manhole, lamphole or other similar opening, of such dimensions as it may think fit, on any premises from which the liquid waste, sewage or effluent is derived, at the expense of the local authority without payment of any compensation to the owner or occupier of such premises, and any duly authorized officer of the local authority shall at all times have the right of access to such chamber or other opening and may examine the character, gauge the flow and take samples of the discharge from such premises.19. Rain-water pipes not to communicate directly with a closed drain
No person shall construct or fix any rain-water pipe or trunk which may be provided in connexion with any building for the purpose of conveying therefrom any water which may fall on any roof or flat thereof so as to discharge directly into a closed drain, but shall cause such rain-water pipe or trunk to be constructed or fixed so as to discharge directly into the open air, into an open channel or over a properly trapped gulley, or into such gully above the level of the water in the trap thereof:Provided that this Rule shall not apply in any case where rainwater is intended to be conveyed through a closed drain to any receptacle properly constructed and adapted for the storage of such water and approved by the local authority.20. Notice to be given of intention to make a sewer connexion
21. Sewer connexions not to be made without permission
22. Drainage works in streets and other public places
23. Local authority may arrange with owners to carry out private drainage works
It shall be lawful for the local authority to agree with any owner or occupier of any premises that any drainage works which such owner or occupier desires or is required by the local authority to construct shall be constructed by the local authority, and the cost of constructing such drainage works shall be repaid by such owner or occupier to the local authority, and in default of payment the local authority may recover the cost as a civil debt recoverable summarily.24. Owner outside district may arrange with local authority to connect to sewer
The owner of any premises without the district of the local authority may, with the consent of the local authority and subject to the provisions of these Rules, cause any drain constructed upon or in connexion with such premises to empty into any sewer belonging to the local authority upon such terms and conditions as may be agreed upon between such owner or occupier and the local authority:Provided that no person shall cause any such drain to empty into any such sewer until such terms and conditions have been agreed upon.25. Charges to cover supervision, etc.
In all cases where, in accordance with these Rules, any work is carried out by the local authority in respect of which the said authority is entitled to recover the cost from any person under these Rules, there may be included in the cost so claimed and recoverable such sum as the local authority shall determine to cover the cost of surveys, plans, specifications, quantities, supervision and the use of tools and plant, and there shall also be included in such cost any expenditure or labour involved in disturbing, making good and remaking any made road, street or footway or ground affected.26. Tins, bottles, etc., not to be allowed to enter drains
No occupier of any premises shall throw or introduce or allow others on the said premises to throw or introduce into any cess-pool, drain, waste-pipe, soil-pipe or soil-water fitting, constructed in connexion with such premises, any tins, bottles, refuse or other matter liable to choke the same.27. Traps, gullies and ventilation pipes to be kept free from obstruction
Construction of Drains
28. Excavation for and laying of drains
Every person who constructs any drain in connexion with a building shall lay such drain and carry out any excavation necessary for the construction of such drain in the following manner—29. Requirements for construction of closed drains
Every person who constructs any closed drain in connexion with a building, other than a drain constructed for the drainage of the subsoil of the site of such building or a drain constructed for the drainage of storm-water only or water from any water supply fitting only, shall, in the construction of such drain, comply with the following requirements—30. Requirements for construction of drains
Internal Diameter | Thickness of metal | Weight per 9ft. length (including socket and spigot) |
in. | in. | lb. |
4 | 3/8 | 160 |
5 | 3/8 | 190 |
6 | 3/8 | 230 |
Internal Diameter | Thickness of metal | Depth of socket | Annular space for the cement |
in. | in. | ln. | in. |
4 | 1/2 | 1 3/4 | 5/16 |
5 | 9/16 | 2 | 5/16 |
6 | 6/8 | 2 | 5/16 |
9 | 3/4 | 2 | 7/16 |
31. Inlets to drains to be trapped
32. No right-angled junctions to be made
33. Drains to be trapped from cesspools and septic tanks, etc.
34. Drains not to be trapped from sewers
No person shall provide or fix an intercepting trap in any drain which communicates directly with a sewer belonging to the local authority.35. Provision of inspection chambers on drains
Every person who constructs any closed drain in connexion with a building shall cause adequate and efficient inspection chambers to be provided in the following positions and manner—36. Ventilation of drains
Every person who constructs any closed drain in connexion with a building shall, for the purpose of securing efficient ventilation of such drain, comply with the following requirements—37. No inlets to drains within buildings
No person shall construct any closed drain in connexion with a building in such a manner that there is within such building any inlet to such drain, except such inlet as may be necessary from the apparatus of any water-closet or soil-water fitting.Soil-Pipes
38. Requirements for soil-pipes
Every person who provides a soil-pipe in connexion with a building shall, in the providing and fixing of such soil-pipe, comply with the following requirements—Position of soil-pipesLEAD | CAST IRON | ||
Diameter | Weight per ten feet length, not less than- | Thickness of metal, not less than- | Weight per 6 feet length (including socket and beadedspigot or flanges, the socket not to be less than ¼ inch thick) not lessthan- |
in. | lb. | in. | lb. |
3 1/2 | 65 | 3/16 | 48 |
4 | 74 | 3/16 | 54 |
39. Anti-syphonage pipes to soil-pipes
40. Connexion of lead pipe with an iron pipe
Any person who connects a lead soil-pipe, waste-pipe, ventilating pipe or trap with an iron pipe or drain shall insert between such lead soil-pipe, waste-pipe, ventilating pipe or trap and such iron pipe or drain a flanged thimble of copper, brass or other suitable alloy, which shall be not less than 1/8 inch in thickness and six inches in length, so that the lead soil-pipe or trap projects slightly beyond the thimble, such projection being turned over the thimble to protect the thimble from any contact with the contents of the pipe or drain, and shall connect such lead soil-pipe, waste-pipe, ventilating pipe or trap with such thimble by means of a wiped or over-cast metallic joint, and shall connect such thimble with such iron or drain by means of a joint made with molten lead properly caulked in the manner prescribed by paragraph (2) of rule 30:Provided that it shall be sufficient if he connects the lead soil-pipe, waste-pipe, ventilating pipe or trap with the iron pipe or drain in an equally suitable and efficient manner, to be approved by the local authority.41. Connexion of stoneware pipe with a lead pipe
Any person who connects stoneware or semi-vitrified ware trap or pipe with a lead soil-pipe, waste-pipe, ventilating pipe or trap shall insert between such stoneware or semi- vitrified ware trap or pipe and such lead soil-pipe, waste-pipe, ventilating pipe or trap a socket of copper, brass or other suitable alloy, and shall insert such stoneware or semi-vitrified ware trap or pipe into such socket, making the joint with Portland cement, in the manner prescribed by paragraph (3) of rule 30, and shall connect such socket with the lead soil- pipe, waste-pipe, ventilating pipe or trap, by means of a wiped or overcast metallic joint:Provided that it shall be sufficient if he connects the stoneware or semi-vitrified ware trap or pipe with the lead soil-pipe, waste-pipe, ventilating pipe or trap in an equally suitable and efficient manner, to be approved by the local authority.42. Connexion of lead pipe with a stoneware pipe
Any person who connects a lead soil-pipe, waste-pipe, ventilating pipe or trap with a stoneware or semi-vitrified ware pipe or drain shall insert between such lead soil-pipe, waste- pipe, ventilating pipe or trap and such stoneware or semi-vitrified ware pipe or drain a flanged thimble of copper, brass or other suitable alloy, so that the lead soil-pipe or trap projects slightly beyond the thimble, such projection being turned over the thimble to protect the thimble from any contact with the contents of the pipe or drain, and shall connect such lead soil-pipe, waste-pipe, ventilating pipe or trap with such thimble by means of a wiped or overcast metallic joint, and shall insert the flanged end of such thimble into a socket in such stoneware or semi-vitrified ware pipe or drain, making the joint with Portland cement, in the manner prescribed by paragraph (3) of rule 30:Provided that it shall be sufficient if he connects the lead soil-pipe, waste-pipe, ventilating pipe or trap with the stoneware or semi-vitrified ware pipe or drain in an equally suitable and efficient manner, to be approved by the local authority.43. Connexion of iron pipe with stoneware pipe
Any person who connects an iron soil-pipe, waste-pipe, ventilating pipe or trap with a stoneware or semi-vitrified ware pipe or drain shall insert the beaded spigot end of such iron soil-pipe, waste-pipe, ventilating pipe or trap into a socket on such stoneware or semi- vitrified ware pipe or drain, making the joint with Portland cement, in the manner prescribed by paragraph (3) of rule 30:Provided that it shall be sufficient if he connects the iron soil-pipe, waste-pipe, ventilating pipe or trap with the stoneware or semi-vitrified ware pipe or drain in an equally suitable and efficient manner, to be approved by the local authority.44. Connexion of stoneware pipe, with an iron pipe
Every person who connects a stoneware or semi-vitrified ware trap or pipe with an iron soil-pipe, waste-pipe, trap or drain shall insert such stoneware or semi-vitrified ware trap or pipe into a socket on such iron soil-pipe, waste-pipe, trap or drain, making the joint with Portland cement, in the manner prescribed by paragraph (3) of rule 30:Provided that it shall be sufficient if he connects the stoneware or semi-vitrified ware trap or pipe with the iron soil-pipe, waste-pipe trap or drain in an equally suitable and efficient manner, to be approved by the local authority.Waste-Pipes and Waste-Water Fittings
45. Requirements for waste-pipes and waste-water fittings
Every person who provides a waste-pipe or a waste-water fitting in connexion with a building shall, in the providing and fixing of such waste-pipe and such waste-water fitting, comply with the following requirements—Materials for waste-pipesInternal diameter | Per linear yard |
1¼ inches ……………… | 7lb. |
1½ inches………………….. | 9lb. |
2 inches …………………… | 12lb. |
Internal diameter of trap | Internal diameter of vent pipe |
1 ¼ inches…………….. | 1 inch |
1 ½ inches………………. | 1 ¼ inches |
1 ¾ to 2 inches…………… | 1 ½ inches |
46. Rain-water pipes not to be used for conveying soil-water or waste-water
No person shall cause any pipe used for the purpose of carrying off rain-water from the roof of any building to be used for the purpose of carrying off soil-water or waste water, or to be used as a ventilating pipe to any drain, soil-pipe or waste-pipe.47. Overflow pipe not to be connected with any drain or ventilating pipe
No person shall cause any overflow pipe from any water supply cistern, flushing cistern or water waste preventer, or from any safe under any soil-water fitting or waste-water fitting, to be connected with any drain, soil-pipe, waste-pipe or ventilating pipe, but shall cause such overflow pipe to discharge direct into the open air in a manner and in a position to be approved of by the local authority.Gully traps
48. Gully Traps
Grease traps
49. Grease Traps
The local authority may, by written notice addressed to the owner of any hotel, boarding- house, eating-house, restaurant or laundry, or of any factory, workshop or other premises from which waste-water or sewage of a fatty or soapy character is or is to be discharged into any drain or sewer, require such owner within a reasonable time, to be specified in such notice, to provide and fix in connexion with the drainage of such premises a proper and efficient grease trap of an approved pattern and constructed of approved materials for the reception of all waste water from any kitchen or scullery connected with such premises or any waste water or sewage of a fatty or soapy character from such premises before such waste water or such sewage is discharged into the said drain or sewer, and any such owner who fails to comply with the requirements of any such notice, and that within the time specified, shall be guilty of an offence.Water-Closets, Slop-Hoppers, Urinals, etc.
50. Water-closets
Every person who constructs a water-closet in connexion with a building shall, in the construction of such water-closet, comply with the following requirements—51. Urinals
Every person who constructs a urinal shall, in the construction of such urinal, comply with the following requirements—52. Slop-hoppers
Every person who constructs a slop-hopper in connexion with a building shall, in the construction of such slop-hopper, comply with the following requirements—53. Traps and joints of soil-water fittings
Any person who constructs a soil-water fitting in connexion with a building shall, in the construction of such soil-water fitting, comply with the following requirements—54. Requirements for construction of soil-water fittings
Any person who constructs any soil-water fitting in connexion with a building shall, in the construction of such soil-water fitting, comply with the following requirements—Separate water-flushing cistern and apparatus to be finished55. Automatic water-flushing cisterns not to be provided without permission
No person shall construct in connexion with a water-closet any automatic water-flushing cistern, except with the written permission of the local authority and subject to such terms and conditions as it may impose, and no such automatic water-flushing cistern shall be of less holding capacity than 5 gallons.56. Automatic water-flushing cisterns
Every person who constructs an automatic water-flushing cistern in connexion with a urinal, and every person who, with the written permission of the local authority, constructs an automatic water-flushing cistern in connexion with a water-closet, shall, in the construction of such urinal or water-closet, and such automatic water-flushing cistern, comply with the following requirements—57. Water-closets to be kept provided with sufficient supply of water
The occupier of any premises on or for which any water-closet is for the time being provided shall, in so far as he is able, cause such water-closet at all times to be properly supplied with a sufficient quantity of water for the proper and efficient flushing thereof, and where, by the act or default of such occupier, any such water-closet is at any time without a proper and sufficient water supply as aforesaid such occupier shall be guilty of an offence.58. Position and enclosure of soil-water fittings
59. Window and ventilation for soil-water fitting
60. Trough-closets to open to external air
Every person who, in connexion with a building, constructs any water-closet of the kind known as a trough-closet shall construct such water-closet so that the entrance thereto opens directly to the external air.61. Conditions for construction of water-closets
Every person who constructs a water-closet in connexion with a building shall, in the construction of such water-closet, comply with the following requirements—(a)(i)he shall cause the apartment in which such water-closet is constructed to be substantially built of brick, stone or cement concrete, or of iron framed with iron or wood, and such apartment shall not be of less size in any case than 5 feet by 3 feet inside measurements, and not less than 6 feet 6 inches in height;(ii)if such apartment is built of iron framed with iron or wood he shall cause such apartment to have a brick wall at least 4½ inches in thickness, or a stone wall at least 8 inches in thickness, or a cement concrete wall at least 4 inches in thickness, built up at least 2 feet above the level of the floor of the apartment and rendered with cement plaster at least ¾ inch in thickness and finished with a smooth surface;(iii)he shall cause every such apartment as aforesaid to be provided with proper doors and fastenings:Provided that, in the case of a water-closet of the kind known as a trough-closet, such doors and fastenings may with the written consent of the local authority, be omitted;(b)he shall cause such water-closet to be fixed in either of the following manners but not otherwise—(i)he shall—(a)cause the whole of the pan and the trap of such water-closet to be fixed entirely above the level of the floor of the apartment in which such water-closet is constructed, and to be provided with a seat of hardwood, hinged at the back, or some other suitable type of seat which has been approved by the local authority;(b)not cause or permit the pan of such water-closet to be enclosed or cased round in any manner, but shall construct the same in such a manner that the whole of the pan shall be fully exposed to view;(c)cause the floor of such apartment as aforesaid either to be constructed of good cement concrete not less than 4 inches in thickness or of other impervious materials to be approved by the local authority or, in any case where the floor of such apartment as aforesaid is constructed of wood or other absorbent materials, shall when so required by the local authority cause the pan of such water-closet to be placed upon a safe, constructed of lead or of other suitable impervious materials which have been approved by the local authority;(d)cause such safe to be securely fixed and so constructed as to be watertight, and shall provide the same with an overflow pipe of drawn lead or galvanized wrought iron, having an internal diameter of not less than ¾ inch which shall discharge direct into the external air;(ii)he shall cause the whole of the pan of such water-closet to be so sunk below the level of the floor of the apartment in which such water- closet is constructed that the upper face of the flushing rim of such pan is at the level of the floor of the said apartment, and he shall cause the whole of the pan and the trap of such water-closet to be firmly embedded in good cement concrete at least 4 inches in thickness; and he shall also cause the floor of the said apartment to be constructed of good cement concrete at least 4 inches in thickness, and to be so laid with a slope on all sides of the pan of such water-closet that any liquid which may fall upon such floor will flow into the pan of such water- closet.Septic Tanks and Sewage Filter Installations, etc.
62. Requirements as to septic tanks, etc.
No person shall construct any septic tank, storage tank, sewage filter installation or other works for the treatment, reception or disposal of sewage except with the written permission of the local authority, and then only subject to the following conditions or such other conditions as it may impose—Distance from buildings and plot boundaries(a)he shall not construct any such septic tank, storage tank, sewage filter installation or other works for the treatment, reception or disposal of sewage under any building nor, except with the consent of the local authority, within 40 feet of any building or any plot boundary, nor so that it has, by drain or otherwise, any inlet for rain-water or other surface water or any outlet into or means of communication with any sewer;Situation and means of access(b)he shall cause any such septic tank, storage tank, sewage filter installation or other works for the treatment, reception or disposal of sewage to be constructed in such a manner and in such a position as to afford ready means of access thereto for the purpose of cleansing the same, and of removing the contents thereof, and in such manner and in such a position as to admit of the contents thereof being removed therefrom and from the premises to which such septic tank, sewage filter installation, or other works for the treatment or disposal of sewage may belong, without being carried through any building;To be covered and ventilated(c)he shall cause any such septic tank, storage tank, sewage filter installation or other works for the treatment, reception or disposal of sewage to be sufficiently covered over, to be adequately and efficiently ventilated and to be so protected as to prevent any nuisance therefrom and so as to prevent the breeding of mosquitoes in connexion therewith;Disposal of effluents and filtrates(d)he shall not commence the construction of any such septic tank, storage tank, sewage filter installation or other works for the treatment, reception or disposal of sewage until the local authority is satisfied that adequate and satisfactory provision has been made for the periodic emptying and cleansing of the same, or for the innocuous disposal of the effluent or filtrate therefrom, as the case may be;To be watertight(e)he shall cause the walls, floors, and coverings of any septic tank, sewage storage tank or effluent tank, and such parts of the walls of any enclosure tank for the reception of filtering medium that may be necessary, to be constructed of impervious materials and so as to be watertight.Disposal of Sewage
63. Disposal of sewage
No person shall dispose of solid or liquid sewage or sewage effluent in such a manner or in such a position as to cause or be likely to cause dampness in any building or part thereof, or to endanger the purity of any water supply, or to create any nuisance:Provided that nothing in this rule shall be deemed to prohibit the disposal of waste water from baths, lavatory basins or kitchen sinks by a satisfactory method of surface irrigation or sub-irrigation in such a manner that neither dampness of buildings, the breeding of mosquitoes, the pollution of water supplies nor other form of nuisance is caused thereby.Deposit of Drainage Plans, Giving of Notices, etc.
64. Notice to be given and plans deposited of new drainage works
65. Addition to, partial construction, reconstruction or alteration of existing drainage works
Every person who makes any addition to, partially constructed entirely or partially reconstructs or alter any such works as any described in rule 64 shall be deemed to have satisfied the provisions of that rule, if he causes a deposit to be made (in the manner therein provided) of any such plans, sections and particulars of the proposed addition, partial construction, entire or partial reconstruction or alteration as may be necessary for the purpose of enabling the local authority to ascertain whether such addition, partial construction, entire or partial reconstruction or alteration is in accordance with the provisions of these Rules and any other regulations rules and by-laws of the local authority relating thereto, and, in any case plants and sections have been previously deposited in conformity with rule 64, it shall be sufficient for him to refer to such previous deposit, and to give in writing the date thereof and to show the new work on the plans and sections to be deposited and only so much of the existing work as will enable the local authority to see the relative positions of the new and old work.66. Copy of plans, etc., to belong to local authority
One copy of any plans, sections and particulars deposited in compliance with the provisions of rules 64 and 65 shall remain the property of the local authority.67. Approval of drainage plans
So soon as the local authority is satisfied that any such plans, sections or particulars deposited in accordance with rules 64 and 65 do not contravene any of the provisions of these Rules and any other regulations, rules and by-laws of the local authority relating thereto, and are in other respects satisfactory, it shall cause its approval thereof to be signified in writing.68. Drainage work not to be commenced before approval obtained
No person shall begin to construct, install, connect, make any addition to, partially construct, entirely or partially reconstruct or alter any such works as are described in paragraph (1) of rule 64 until he has given notice of his intention and has deposited the plans, sections and particulars required by rules 64 and 65 and the local authority has either intimated its approval of such work or failed to intimate its disapproval thereof within the period hereinafter described in that behalf, and, subject to rule 70, no person shall, except with the written permission of the local authority, carry out such work as aforesaid otherwise than in accordance with the approved plans.69. In default of local authority drainage work may be proceeded with
If the local authority fails to intimate, within twenty-eight days of the receipt of any plans or notice delivered in accordance with these Rules, to the person submitting such plans its disapproval of the proposed work which the said person intends to carry out, the person submitting the plans may proceed with such work in accordance with such plans, but not so as to contravene any of the provisions of these Rules or any other regulations, rules and by-laws of the local authority relating thereto.70. Alteration and construction of drainage work in cases of urgency
Notwithstanding anything contained in any of the preceding rules of these Rules, where, in the opinion of the medical office of health, in consequence of either an existing nuisance or a case of infectious disease on any premises, the carrying out of any such work as is described in paragraph (1) of rule 64 and rule 65 such premises is a matter of urgency, the medical officer of health may serve a written notice upon the owner of such premises, a copy of which shall be delivered forthwith to the local authority, certifying that the carrying out of any such work as aforesaid is a matter of urgency, whereupon the owner of such premises may proceed forthwith to carry out such work before any such plans, sections or particulars as may be required under the said rules 64 and 65 have been deposited with the local authority, and shall forthwith send to the local authority notice in writing of his intention so to do:Provided that—71. Works notice before drainage work is commenced
72. Notice that work is completed and ready for testing
73. Drainage work not to be covered up until tested and approved
No person shall proceed to cover up any such work as is described in paragragph (1) of rule 64 and rule 65 until such work has been inspected, tested and approved by the medical officer of health or other duly authorized officer of the local authority.74. Certificate to be issued on completion of drainage
Where any person carries out any such work as is described in paragraph (1) of rule 64 and rule 65, and where, after completion, such work has been inspected, tested and approved, the local authority shall issue to the owner of the premises upon which such work has been carried out a certificate in writing that the said work, after completion, inspection and testing, has been approved:Provided that such certificate shall not in any way be held to impose any liability whatsoever on the local authority or any of its officers or on Government for any loss or damage that may be caused through any such work not being designed or carried out in a proper, efficient and workmanlike manner, or through any such work being carried out otherwise than in accordance with the approved plans and these Rules.75. Fresh notice to be given if work not proceeded with within one year
If any person who is entitled to proceed with any drainage work under rules 67 and 69 fails to do so within the period of one year, the notice given by him shall be held to have lapsed, and he shall give fresh notice of his intention before proceeding to carry out such work and that in the manner hereinbefore prescribed.76. Unauthorized drainage work
Licensing of Plumbers and Drainlayers
77. Drainage work to be carried out by licensed plumbers and drainlayers
78. Plumbers and drainlayers must satisfy local authority of their competency
No plumber’s licence and no drainlayer’s licence shall be issued by the local authority to any person until such person has satisfied the local authority as to his competency to carry out the work of a licensed plumber or of a licensed drainlayer, and the local authority may require any person who applies for a plumber’s licence or a drainlayer’s licence to submit himself to examination by such a body of persons as the local authority may appoint for the purpose of ascertaining whether such person as aforesaid is competent to carry out the work of a licensed plumber or a licensed drainlayer in a satisfactory and efficient manner.79. Register of licensed persons to be kept by local authority and signed by licensees
Before the local authority issues a plumber’s licence or a drainlayer’s licence to any person, such person shall be required to sign a register, which shall be kept by the local authority, containing a declaration that he accepts such licence subject to, and that he will conform with, the conditions thereof and the provisions of these Rules and any other regulations, rules and by-laws of the local authority relating to drainage works or any works connected in any manner with the drainage of any premises.80. Licence to be produced for inspection
Any person to whom a plumber’s licence or a drainlayer’s licence has been issued by the local authority under these Rules shall, if called upon at any reasonable time to do so, produce his licence for the inspection of any duly authorized officer of the local authority or the medical officer of health or a sanitary inspector.81. Cancellation of licence
The local authority may at any time cancel any licence issued to any plumber or drainlayer under these Rules if the local authority is satisfied that such licensed plumber or such licensed drainlayer has, either by himself or by his workmen, caused or permitted any plumbing or drainlaying work to be carried out in a negligent or unworkmanlike manner to the injury of any person or property, or contrary to any of the provisions of these Rules or any other regulations, rules or by-laws of the local authority relating to drainage works or any works connected in any manner with the drainage of any premises:Opportunity for defenceProvided that, before any such licence is cancelled as aforesaid, the person whose licence it is proposed to cancel shall be given an opportunity of appearing before the local authority or before a committee appointed by the local authority, and of being heard in his own defence.82. Date of effect
Rules 77, 78, 79, 80 and 81 shall not come into force until after the expiration of a period of six months from the date of the application of these Rules under rule 2.Provision of Latrine Accommodation
83. New buildings must be provided with latrine accommodation
84. Local authority to require latrine accommodation in existing buildings
85. Latrines for factories and workshops, etc.
86. Latrines for hotels, boarding-houses, theatres, public halls, etc.
87. Temporary latrines for workmen
Every contractor, builder or other person employing workmen for the demolition, construction, reconstruction or alteration of any building or other work in any way connected with a building shall, when so required by the local authority, provide in an approved position, and thereafter maintain for such time as workmen are engaged thereon, sufficient and convenient latrine accommodation for such workmen.88. Latrines for different races
89. Improper use of latrines used in common
With respect to any latrine used in common by the occupiers of two or more separate dwelling-houses, domestic buildings or premises, or by other persons, if any such person injures or improperly fouls such latrine or anything used in common therewith, he shall be guilty of an offence.90. Improper use of public latrines
Any person who injures or makes improper or unclean use of any public latrine or a latrine provided in connexion with any church or place of public worship, theatre, public hall or other public place of assembly shall be guilty of an offence.91. No latrine other than water-closet to be constructed within 200 feet of sewer
92. No latrine other than water-closet or urinal inside dwelling
No person shall provide, construct, fix, retain or use any latrine other than a water- closet or a urinal inside or under the same roof as any dwelling-house, and any person who provides, constructs, fixes, retains or uses any such latrine so as to contravene the provisions of this rule shall be guilty of an offence.93. Latrines other than water-closets and urinals to be protected against flies
Every person who erects any latrine, not being a water-closet or a urinal, in connexion with a building shall cause all reasonably practical measures to be used to prevent flies gaining access to the apartment of such latrine, and any person who, in the erection of any such latrine, fails to comply with the provisions of this rule shall be guilty of an offence.94. Local authority to enforce protection of latrines against flies
If it appears to the local authority that all reasonably practical measures have not been or are not being used to prevent flies gaining access to the apartment of any latrine, such latrine not being a water-closet or a urinal, the local authority shall serve a written notice upon the owner of such latrine requiring him, within a reasonable time to be specified in such notice, to carry out such reasonably practical works as may be necessary to prevent flies gaining access to the apartment of such latrine, and any owner who, on receipt of such notice, fails to comply with the requirements of such notice, and that within the time specified, shall be guilty of an offence.Pail-Closets
95. Requirements as to pail-closets
Every person who constructs or provides a pail-closet in connexion with a building shall, in the construction and provision of such pail-closet, comply with the following requirements—Distance of pail-closets from kitchens(a)he shall not construct or provide such pail-closet within ten feet of any kitchen;Pail-closets to be away from dwelling-house(b)he shall not construct or provide such pail-closet within any part of a dwelling- house or under the same roof as any dwelling-house, but shall construct such pail-closet so that the entrance opens directly on to the external air, and so that on any side on which it would abut on any part of a dwelling-house it is separated from such dwelling-house by a solid wall or partition of brick, stone or concrete or other suitable materials extending the entire height from the floor to the ceiling;Pail-closet not to open on to certain rooms(c)he shall not construct or provide such pail-closet so that it is approached directly from any room used for the manufacture, preparation, storage or sale of food for man, or used as a factory, workshop, workplace or public building, but shall construct or provide such pail-closet so that on any side on which it would abut on a room intended for the manufacture, preparation, storage or sale of food for man, or used a factory, workshop, workplace or public building it is enclosed by a solid wall or partition of brick, stone, concrete or other suitable materials, extending the entire height from the floor to the ceiling;Ventilation lobby for pail-closets in buildings(d)where the entrance to such pail-closet does not open directly into the external air, he shall cause such pail-closet to be entirely separated and cut off from any room used for the manufacture, preparation, storage or sale of food for man, or used as a factory, workshop, workplace or public building, by means of a passage or lobby provided with a window of not less dimensions than two square feet, exclusive of the frame, and opening directly into the external air; and such passage or lobby, in addition to such window, shall also be provided with adequate means of constant ventilation by at least one ventilating aperture, of not less dimensions than 144 square inches, exclusive of any frame, built in an external wall of such passage or lobby;Pail-closets to be lighted and ventilated, and protected against flies(e)he shall, whether the situation of such pail-closets is or is not within such building, construct in one of the external walls of such pail-closet an opening for light and ventilation of not less dimensions than two square feet, situated as near to the top of such pail-closet as convenient and communicating directly with the external air, which opening shall be properly and efficiently covered with fly-proof gauze so as to prevent the entrance of flies;Siting of pail-closets(f)he shall construct or provide such pail-closet in such a position, if practicable, as to back on a sanitary lane, and in such a manner and in such a position as to afford ready means of access to such pail-closet, for the purpose of cleaning the same and of removing filth therefrom, and in such a manner and in such a position as to admit of all filth being removed from such pail-closet, and from the premises to which it may belong, without being carried through any domestic building or public building;Pail-closets to be built in accordance with a standard design(g)he shall not construct or provide such pail-closet otherwise than in accordance with a standard pattern approved by the local authority or with plans and specification submitted to and approved by the local authority.Pit-Closets
96. Pit-closets not to be constructed without permit from local authority
No person shall construct or provide latrine accommodation of the kind known as a pit- closet or latrine accommodation situated over any hole or excavation in the ground which hole or excavation is intended for the reception of human excreta, except where, in the opinion of the local authority, the site of such proposed accommodation and the character of the soil are in every respect suitable and satisfactory for such a purpose, and the local authority has signified its approval thereof in writing, and then only subject to such conditions as the local authority may prescribe.Miscellaneous
97. Notices may be printed or written
Notices and other documents under these Rules may be in writing or in print, or partly in writing and partly in print, and, if the same require authentication by the local authority, the town engineer or the medical officer of health, the signature thereof respectively by the town clerk, town engineer, medical officer of health, sanitary inspector or District Commissioner, as the case may be, shall be sufficient authentication.98. Service of notices
Notices and other documents required or authorized to be served under these Rules may be served by delivering the same to or at the residence of the person to whom they are respectively addressed, or where addressed to the owner or occupier of premises by delivering the same, or a true copy thereof, to some person on the premises, or, if there is no person on the premises who can be served, by fixing the same on some conspicuous part of the premises; they may also be served by post by a prepaid letter, and if served by post shall prima facie be deemed to have been served at the time when the letter containing the same would be delivered in the ordinary course of post, and in proving such service it shall be sufficient to prove that the notice or other document was properly addressed and put in the post.99. Defect in form not to invalidate notices
No defect in the form of any notice or other document made under these Rules shall invalidate or render unlawful the administrative action, or be a ground for exception to any legal proceedings, which may be taken in the matter to which such notice or other document relates, provided the requirements thereof are substantially and intelligibly set forth.100. Penalties
Any person who is guilty of an offence under, or convention of, or default in complying with, any provision of these Rules shall be liable on conviction to a fine not exceeding five hundred shillings, and if the offence, contravention or default is of a continuing nature to a further fine not exceeding sixty shillings for each day during which he makes default._____________________
FIRST SCHEDULE | ||
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[Rule 50.] | ||
REQUIREMENTS REGARDING WATER-CLOSETS | ||
STANDARD TEST |
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SECOND SCHEDULE | ||
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[Rule 77.] |
OFFICES OF THE LOCAL AUTHORITY,……………………………….……………………………….…………………, 20 ……………. | |
PLUMBER’S LICENCE | |
PUBLIC HEALTH (DRAINAGE AND LATRINE) RULES | |
Licence No. ………………………………. | |
Mr. ……………………………………, of ………………………… Is hereby licensed as a plumber under the Public Health (Drainage and Latrine) Rules, and is entitled to carry out any plumbing work in connexion with the construction, fixing, laying, repair or removal of pipes, valves, traps, drains or other apparatus or appliance connected with the drainage of any premises, but not to construct or lay any stoneware drain, inspection chamber, cesspool, septic tank, sewage filter installation or other works for the treatment or disposal of sewage. | |
………………………………Local AuthorityOFFICES OF THE LOCAL AUTHORITY,………………………………………………, 20……………… |
DRAIN LAYER’S LICENCE | |
PUBLIC HEALTH (DRAINAGE AND LATRINE) RULES | |
Licence No. …………………… | |
Mr. ……………………………., of ……………………………………………. Is hereby licensed as a drainlayer under the Public Health (Drainage and Latrine) Rules, and is entitles to construct or lay any stoneware drain, inspection chamber, cesspool, septic tank, sweage filter installation or other works for the treatment or disposal of sewage, but not in any way to perform the work of a plumber. | |
……………………………….Local Authority |
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APPLICATION OF THE ABOVE RULES UNDER RULE 2 | ||
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[Cap. 130 of (1948), Sub. Leg. G.N. 196/1951, G.N. 728/1951, G.N. 1113/1951, G.N. 1358/1951, G.N. 136/1952, G.N. 187/1952, G.N. 350/1952, L.N. 99/1956, L.N. 506/1957, L.N. 514/1957, L.N. 519/1957, L.N. 87/1958, L.N. 111/1958, L.N. 245/1958, L.N. 63/1959, L.N. 127/1959, L.N. 483/1959, L.N. 150/1960, L.N. 463/1960, L.N. 464/1960, L.N. 600/1962, L.N. 244/1963.] |
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PUBLIC HEALTH (KISUMU DENSITY OF DWELLINGS) RULES | ||
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[Cap. 130 of (1948), Sub. Leg.] |
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PUBLIC HEALTH (MOMBASA STORAGE OF HIDES AND SKINS) RULES | ||
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[Cap. 130 of (1948), Sub. Leg.] |
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PUBLIC HEALTH (KISUMU STORAGE OF HIDES AND SKINS) RULES | ||
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[Cap. 130 of (1948), Sub. Leg.] |
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PUBLIC HEALTH (MILK AND DAIRIES) RULES | ||
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[Cap. 130 of (1948), Sub. Leg., L.N. 260/1956, L.N. 138/1959, L.N. 93/1960, L.N. 294/1979.] |
1. Citation
These Rules may be cited as the Public Health (Milk and Dairies) Rules.2. Application
The Minister may, by notice in the Gazette, declare that on and after a specified date the whole of these Rules, or specified provisions thereof, shall apply to the whole or a specified part of the district of any local authority (hereinafter referred to as the local authority).[L.N. 138/1959, r. 2.]3. Interpretation
In these Rules—“common carrier” means any person, including any government railway administration and any railway company, engaged in the business of transporting for hire property from place to place by land or inland navigation for all persons indiscriminately;“cowshed” means any shed, stable or other premises in which a cow or cows are kept or accommodated;“purveyor of milk” means any person, other than the Government, in possession or occupation of or keeping any dairy, or who sells milk or exposes, deposits or conveys milk for the purpose of sale, or who delivers milk or causes milk to be delivered for or in the process of sale, whether on private premises or in any street or other public place, and whether on his own account or as agent for or servant of any other person;“registered dairy” or “registered premises” means any premises, or part thereof, in respect of which a certificate of registration of such premises or part thereof as a dairy has been issued by the local authority;“registered dairyman” means any person to whom a certificate of registration of any premises as a dairy has been issued by the local authority;“sanitary inspector” means a sanitary inspector in the employment of the Government and appointed by the Director of Medical Services to act as such within the district of the local authority.4. Dairies to be registered
5. Local authority may register dairy outside district
The local authority may, if it thinks fit and subject to the provisions of these Rules, issue a certificate of registration as a dairy in respect of any premises situate outside its district, where the person by whom the business of dairy is actually being or is to be carried on and supervised on such premises makes written application to the local authority for a certificate of registration of such premises as a dairy:Provided that every such written application for a certificate of registration as a dairy of any premises situate outside the district of the local authority shall be accompanied by the consent in writing of the applicant and of the owner of such premises to the inspection at all reasonable times by the medical officer of health or a sanitary inspector or any duly authorized officer of the local authority of such premises, and to be subject to and observe and comply with such provisions of these Rules and to such other rules and regulations of the local authority as the local authority on the report of the medical officer of health may consider necessary.6. Provisions as to certificates of registration
7. Application for registration
Every person desiring a certificate of registration of any premises as a dairy under these Rules shall make application to the local authority of the district in which such premises are situate, either in writing or otherwise, and shall supply the following information on request—8. Form of certificate of registration
The certificate of registration of any premises as a dairy issued under these Rules shall be in such as shall from time to time be determined by the local authority, and shall specify—9. Premises to be suitable
No certificate of registration of any premises as a dairy shall be issued by the local authority to any person unless the premises in respect of which a certificate of registration is applied for are, in the opinion of the local authority on the report of the medical officer of health, suitable for the purpose of such registration in respect of drainage, lighting, ventilation, locality, construction, accommodation and general sanitation, and unless the requirements of these Rules and all such other regulations, orders or rules as may be applicable to dairies are complied with in respect of the premises to be used as a dairy:Provided that notwithstanding anything contained in these Rules it shall be lawful for the local authority, on the report of the medical officer of health, to relax such provisions of these Rules as it may deem fit, with respect to premises from which milk is not supplied otherwise than in receptacles which are properly closed and sealed on delivery to the premises and which remain properly closes and sealed during the whole time from their delivery to the premises until their removal by the purchaser.10. Dairy and cowshed requirements
No certificate of registration of any premises as a dairy under these Rules shall be issued by the local authority unless the following are provided, and after the issue of such certificate of registration there shall at all times during the period thereof be provided and maintained by the registered dairyman—Ventilation of cowsheds11. Milk not to be deposited in place where liable to become infected or contaminated
No registered dairyman shall, upon his registered premises, deposit, store or keep or permit to be deposited, stored or kept, any milk intended for sale—12. Permitted number of cows to be painted on the doors of cowshed
In the case of any cowshed connected with a registered dairy, the registered dairyman shall paint and maintain, or cause to be painted or maintained, on the door or on the outside wall and close to the door of every cowshed, in legible figures not less than three inches square, the maximum number of cows permitted by his certificate of registration to be stabled or accommodated in such cowshed at any one time, and no registered dairyman shall stable or accommodate or permit to be stabled or accommodated in any such cowshed on his registered premises any bovine in excess of the maximum number of cows as specified in his certificate of registration permitted to be stabled or accommodated in such cowshed.13. Dairies not to communicate with bedrooms, etc.
No dairy shall communicate directly with any bedroom, sanitary convenience or urinal, and no dairyman shall use or permit to be used such dairy for keeping, storing, purveying or selling kerosene oil, fish or any other substance which, in the opinion of the medical officer of health, would be injurious to the milk or milk products.14. Thorough cleanliness to be maintained in dairies
Every registered dairyman shall, upon his registered premises—15. Requirements as to premises
Every registered dairyman shall comply with the following requirements upon his registered premises—No sleeping or birds, etc., in dairies or cowsheds16. Occurrence of certain diseases in cattle to be notified
Every dairyman shall forthwith notify or cause to be notified to the local authority in respect of any cows or other animals in or on his dairy premises the occurrence recently or at the time being in any such cow or other animal of any infectious or contagious disease or any disease of, inflammation of, swelling of or discharge from the udder, or any general wasting disease.17. Local authority may cancel certificate of registration in certain cases
18. Milk purveyors to be licensed
No person shall, within the district of the local authority, carry on or be engaged in the trade or business of a purveyor of milk without being first licensed as such and in possession of a certificate to that effect in force and current for the time being from such local authority, and any person who carries on or is engaged in the trade or business of a purveyor of milk within the district of the local authority without complying with the provisions of this rule shall be guilty of an offence:Provided that, notwithstanding anything contained in these Rules, a person may convey milk through the district of such local authority without being licensed as aforesaid where such person proves to the satisfaction of such local authority that the milk so conveyed is not for sale and not intended for sale within the district of such local authority, or that he is conveying milk within the district solely in the capacity of a common carrier.19. Licensed purveyor of milk to carry certificate of licence
20. Provisions as to certificates of licence
21. Application for certificate of licence
22. Form of certificate of licence
The certificate of licence of any person as a purveyor of milk issued under these Rules shall be in such form as shall from time to time be determined by the local authority, and shall specify—23. Licensed purveyors of milk must report changes as to employment
24. Purveyor of milk to be healthy
No certificate of licence of any person as a purveyor of milk shall be issued by the local authority to any person where the medical officer of health has certified in writing that the applicant for such a certificate is not a fit and suitable person, on medical grounds, to be engaged in the trade or business of a purveyor of milk, or where such applicant has refused to submit himself for medical examination when so required by the medical officer of health.25. Delivery vehicles
Every licensed purveyor of milk who himself or by his servant sells or distributes or delivers for sale or in the process of sale milk from any vehicle or any carrier shall have conspicuously inscribed on such vehicle or carrier his name and address, and he shall further cause such vehicle or carrier to be kept in a thoroughly clean condition, and shall not use it or permit it to be used for any purpose which may lead to the contamination or infection of the milk carried or conveyed therein.26. Local authority may cancel certificate of licence in certain cases
If, at any time during the currency of a certificate of licence to any person as a purveyor of milk issued under these Rules, the person to whom the certificate of licence has been issued—27. Surplus milk from one or two milch cows sold to immediate neighbours
Nothing contained in rules 4 and 18 shall be deemed to apply to any person selling or supplying to his immediate neighbours the surplus milk of any milch cows kept for the production of milk for his own use and consumption, where such person keeps not more than two such cows.28. Certain milk not to be sold
No dairyman, and no purveyor of milk, shall sell or prepare, expose, deposit, convey, deliver or mix with any other milk, or permit to be prepared, exposed, deposited, conveyed or delivered or mixed with any other milk for sale, milk—29. Use of infected milk for feeding animals
Nothing contained in rule 28 shall be taken as preventing the use of any such milk for the purpose of feeding animals, provided that such milk has in every such case first been thoroughly boiled, and has not been produced by any animal suffering from anthrax.30. Infected persons not to enter dairies or handle milk or milk vessels
Every dairyman and every purveyor of milk shall by inquiry keep himself informed of any sickness occurring amongst his employees or in any premises in which he or his employees reside, and it shall not be lawful for any dairyman or purveyor of milk—31. Outbreak of disease to be notified
Every dairyman and every purveyor of milk shall inform the medical officer of health without delay of the occurrence of any infectious or contagious disease amongst any persons residing or engaged or employed upon his dairy premises or amongst any of his employees, and shall comply with all requirements of the medical officer of health for disinfecting the premises and preventing the spread of such disease.32. Outbreak of sickness attributable to milk
33. Power to forbid sale or use of milk in certain cases
If it appears to the medical officer of health, or to the local authority on the certificate of such medical officer of health, that the consumption of any milk or milk products from any source within or outside the district of such local authority or such medical officer of health is likely to cause the outbreak or spread of infectious or contagious disease, such local authority or such medical officer of health may forthwith prohibit the introduction or distribution or storage or sale or use within their district of such milk or milk products for a period to be specified by such local authority or such medical officer of health, and any person introducing or distributing or storing or selling or using within the district of such local authority or such medical officer of health any milk or milk products in contravention of any such prohibition shall be guilty of an offence.34. Milk receptacles to be provided with approved covers
Every registered dairyman and every licensed purveyor of milk shall provide and fit, or cause to be provided and fitted, proper and efficient covers, lids or stoppers, of a material and of a pattern to be approved by the local authority, to all bottles, cans, churns or other receptacles used or intended to be used for receiving, storing, conveying, delivering or distributing milk for sale or intended for sale.35. Milk receptacles to be clean and of approved pattern
No registered dairyman, and no licensed purveyor of milk, shall—36. Cleansing of person and clothing whilst handling or conveying milk
Every dairyman and every purveyor of milk shall ensure that, when he himself or when on his behalf any other person handles, conveys, distributes, delivers or sells milk, he shall be clean as to his hands, person and clothing whilst so employed or engaged, and any dairyman or purveyor of milk who fails to ensure that the provisions of this Rule are complied with shall be guilty of an offence.37. Presumption
Any milk found in the possession of any dairyman or purveyor of milk, or in any dairy premises, or in any vehicle or carrier or milk vessel in the possession or use of any dairyman or purveyor of milk, shall be deemed to be intended for sale for human consumption until the contrary shall have been proved to be the case by such dairyman or purveyor of milk.38. Revoked by L.N. 294/1979, r. 2.
39. Comparative records of inspections and examinations
40. Revoked by L.N. 294 of 1979, r. 2.
41. Offences
Where a dairyman or a purveyor of milk is charged with an offence under these Rules, he shall be entitled, upon information duly laid by him, to have any other person whom he charges as the actual offender brought before the court at the time appointed for hearing the charge; and if, after the commission of the offence has been proved, the dairyman or the purveyor of milk proves to the satisfaction of the court—42. Bovines not to be kept within thirty-five feet of a dwelling
43. Information to be given when required as to place of production of milk
Any dairyman, or any purveyor of milk, or any producer or consignee of any milk or milk products, or any servant or agent of any such person or persons, who, when required by the medical officer of health or sanitary inspector or any other person duly authorized by the local authority to give information as to the place or places in which was produced any milk or milk products stored, deposited, exposed, conveyed, distributed or intended to be distributed for the purpose of sale, offered for sale, sold or in course of delivery for or in the process of sale, withholds or refuses such information or knowingly gives false or misleading information shall be guilty of an offence.44. Powers of entry and inspection
The medical officer of health, sanitary inspector or any other person duly authorized by the local authority may enter any dairy premises or any grazing ground where cows are grazed, at any hour reasonable for the proper performance of the duty, for the purpose of inspecting the premises and the cows, milk, milk products, receptacles for milk and utensils kept therein, and the provisions made for keeping the same in good, clean and sanitary condition, and of ascertaining whether the requirements of these Rules are being observed, and the medical officer of health may examine any person resident on or employed or engaged in or about any such premises for the purpose of ascertaining whether such person is suffering from any infectious or contagious disease.45. Veterinary officer may enter premises and inspect milch cattle
46. Veterinary officer may require milch cattle to be assembled for inspection
47. Obstruction of officers
Any person wilfully obstructing the medical officer of health, veterinary officer, sanitary inspector or any duly authorized agent of such officer, or any duly authorized officer of the local authority, in the performance of his duties under these Rules shall be guilty of an offence.48. Court may cancel certificate on conviction for offence
On the conviction of any registered dairyman or licensed purveyor of milk for an offence under these Rules, the court may, on the application of such local authority or medical officer of health, cancel his certificate of registration or of licence, as the case may be, and order that no new certificate shall be granted under these Rules to such person for a period not exceeding two years from the date of such cancellation, and thereupon such person shall become disqualified to hold a certificate during such period of cancellation.49. General penalty
Any person who is guilty of an offence under these Rules shall, where no penalty is expressly prescribed, be liable to a fine not exceeding five hundred shilling or to imprisonment for a term not exceeding two months or to both.50. Local authority may proceed against servant or agent
Where it appears to a local authority that an offence has been committed in respect of which proceedings might be taken under these Rules against a dairyman or a purveyor of milk, the local authority shall, if reasonably satisfied that the offence of which complaint is made was due to an act or default of a servant or agent of such dairyman or purveyor of milk without his knowledge, consent or connivance, and that he has used due diligence to enforce the execution of these Rules, take proceedings against the servant or agent without first proceeding against such dairyman or purveyor of milk.51. Rules to apply mutatis mutandis to milk intended for human food other than cow’s milk
The foregoing rules of these Rules shall mutatis mutandis apply to the sale or production, collection, storing, keeping, preparation, delivery, conveying, transmission or exposure for sale of milk intended for human consumption from any animal other than a cow, and to the keeping of any such animal for the production of such milk.52. Rules not to apply to hotels, boarding houses, etc.
Nothing in these Rules shall be deemed to apply to hotels, boarding-houses or other like premises, where milk is sold or prepared for sale only to persons dwelling on the premises, or to apply to persons so selling or preparing milk._____________________
APPLICATION OF THE ABOVE RULES UNDER RULE 2 | ||
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[Cap. 130 of (1948), Sub. Leg., G.N. 433/1949, G.N. 729/1951, G.N. 1242/1951, G.N. 1413/1951, G.N. 163/1952, G.N. 819/1952, G.N. 577/1954, L.N. 24/1956, L.N. 25/1956, L.N. 218/1959, L.N. 540/1960, L.N. 396/1961, L.N. 217/1964, L.N. 178/1965, L.N. 285/1966, L.N. 349/1966,L.N. 255/1967, L.N. 24/1976.] |
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History of this document
31 December 2022 this version
Revised by
24th Annual Supplement
28 October 1958
Published in Kenya Gazette 52
Commenced