Nakuru County Public Health and Sanitation Act, no. 1 of 2017

30 Wntten record m respect of collection and dehvery of medical waste • PART VI-PUBLIC HEALTH NUISANCES j

31 Prevention and suppression of health nuisance ]

32 Prevention and suppression of health nuisance i

33 Cause or give nse to smells or effluent constitute a heath nuisance 34—Offenses PART VH-FGOD HYGIENE Preliminary PART VIH(A)—GENERAL PROVISIONS PROTECTION OF FOODSTUFFS 33—Prohibition against sale of unwholesome poisonous or adulterated food 36—Deception 37—Food Hygiene License 38—Offenses 39—Standard for Food Plants 40—Prohibition 41 —Health measures to be taken m a Food Plant 42—Outer Garments 43—Expiry dates to be clearly marked on all food stuffs 44—Prohibition 45—Notice and closure 46—Penalty 3

2017 Nakuru County Public Health and Sanitation No 1 47—Inspection of animals by authonzed officer 48—Package to be provided in butcheries 49—Offence 50—Meat not to be wrapped m newspapers 51 —Meat earner license 52—Penalty PART Vni—SOLID AND LIQUID WASTE MANAGEMENT Interpretation 53—Removal contents of receptacle 54_Mamtenance of Receptacle 55—Deposit and removal of refuse 56—Burmng ashes and hquids 57—Charge of lure of receptacle 58—Refuse on Public or Private Property 59—Accumulation of refuse on premises 60-Removal of refuse from light mdustnaljua kah 61—Penalty PART IX—ENVIRONMENTAL POLLUTION AND EFFLUENT CONTROL 62—General Provisions 63—Discharge of Effluent to sewers PARTX-MISCELLANEOUS PROVISIONS 64—Power of entry and mspection 65—Service of Documents and Process 66—Power of arrest and Entry 67—Penalty 68—Public Health Fund(Cap 242) 69—Rules and Regulations 4 No 1 Nakuru County Public Health and Sanitation 2017 THE NAKURU COUNTY PUBLIC HEALTH AND SANITATION ACT,2017 AN ACT of County Assembly of Nakuru to make provision for Sanitation, securmg and mamtammg Health standards and for matters incidental thereto ENACTED by the County Assembly of Nakuru as follows— PART 1-PRELIMINARY Short title

1 (1) This Act may be cited as the Nakuru County Public Health and Samtation Act,2017 (2) This Act shall apply to any area of the County m matters relating to pubhc health and samtation Interpretation

2 In this Act,unless the context otherwise requires— "County" means the County of Nakuru, Authonty means the County Executive Committee member m- charge of health m the county, Director Health services" means a person appointed as county director health services by the County Public Service Board for the purpose of this Act, Director Pubhc Health" means a person appointed as Director bv the county Public Service Board, Authorized Officers" means Chief Officer ,director of pubhc health County ^blic Health Officer and any other officer authorized m wntmg by the relevant County Executive Committee Member, "Adequate" means that which is needed to accomphsh the intended in keepmg with good Pubhc Health practice. Adult means a person of eighteen years of age and over, "Prescribed" means respectively approved or prescnbed by the county or by the authorized Officer, "Executive member" means the responsible person m charge of health services matters as the case may be, ^ Buildmg mcludes any structure whatsoever for whatever purpose

2017 Nakuru County Public Health and Sanitation No 1 "Commercial area" means any area m the county,township which the County may by order,defines, "Dram" means any dram used for dramage of one buildmg only or of premises within the same cartilage and made merely for the purpose of communicating there from with access pool or other like receptacle for dramage of two or more buildings or premises occupied by different persons is conveyed, "Dwellmg" means any house, room, shed, hut, care tent, vehicle, vessel or boat or any other structure or place whatsoever, any portion whereof is used by any human being for sleeping or m which any humans being dwells, "Factory" means any bmldmg or part of a building which machinery IS worked by steam, water, electricity or other mechanical power, for the purpose of trade, "Health Authonty" m relation to the area of County, means the County Executive Member responsible for Health, "Keeper of a lodging house" means any person licensed to keep lodging house, "Land" includes any nght over m respect of immovable property, "Latnne" includes pnvy,unnal,earth-closet and water-closet, "Lodgmg-house" means a building or part of a house mcludmg the veranda thereof, if any which is let or sublet m lodgmgs or otherwise, either by storey,by flats,by rooms or by partitions of rooms, "Magistrate "means any magistrate empowered to hold a subordmate, court of the first, second or tlurd class or any other Magistrate as the case may be, "Occupier" mcludes any person m actual occupation of land or premises without regard to the title under which he occupies and incase of preimses subdivided and let to lodgers or payable by the lodgers or tenants whether on own account or as agent for any person entitled to or mterested therein, "Offensive trade" mcludes the trades of blood-boiler, fish-monger, soap-boiler, tallow meter and tnpe-boiler and any other noxious or offensive trade,business or manufacturer whatsoever, "Owner" as regards to immovable property, mclude any person, other than the County receiving the rent or profits of any lands or premises from any tenant or occupier thereof or who would receive such rent or profit if such land or prenuses were let whether on his own account or as an agent 6 No 1 Nakuru County Public Health and Sanitation 2017 for any person, other than the County or any superintendent, overseers or managers of such lessee or licensee residmg on the holding, Pubhc buildmg" mcludes any building used or contracted or adapted to be used either ordmary or occasionally as a place of pubhc worship or as a hospital, college, school, theatre, public hall or as a public place of assembly for persons admitted by ticket or otherwise, or used or adapted to be used for any other public purpose, "Public Latrmes" means any latnne to which the public are admitted on payment or otherwise, "Street" means any highway, road or sanitary lane or stnp of land reserve for a highway, road or samtaiy lane and mcludes any bndge, footway square, court, aUey or passage whether a thorough fare or not a part of one. Trade premises means any premises (other than a factory) used or mtended to be used for carrying on any trade or business. Veranda means any buildmg or part of a buildmg m which m^irnial labor IS exercised for purpose of trade PART n A—GENERAL PRINCIPLES Objective of this Act

3 (1)The objective of this Act is to enable realization of the nghts to health as provided for m the Constitution of Kenya and to provide uniformity m respect of public health services across the County (2)Every person within the junsdichon of the County is entitled to a clean and healthy environment and has the duty to safe guard and enhances the environment (3) Every person has the nght to a clean and healthy environment which includes the nght— (a) to have the environment protected for the benefit of present and future generations through legislative and other measures, particularly those contemplated m Article 69, and (b) to have obligations relatmg to the environment fulfilled as stipulated under Article 70 of the Constitution of Kenya PART n B-ADMINISTRATION COUNTY BOARD OF HEALTH County Board of health

4 (1) There shall be estabhshed a County Board of Health (thereafter referred as Board) havmg its seat at Nakuru, which shall consists of the Director of Pubhc Health who shaU be the chairperson, a

2017 Nakuru County Public Health and Sanitation No 1 County Public health officer who shall be the secretary, and six other persons of whom shall be medical or health practitioners appomted from tune to time by County Executive Member responsible for Health services (2)In absence of the Duector of Pubhc Health,the board shall elect a chairperson from the members present (3) The names of all members of the board shall be gazetted and the Gazette contammg a notice of any such appointment shall be deemed sufficient evidence thereof for all purpose (4) The mmimum number of the board members that can meet and transact any business shall be five(5) members (5)The Executive Committee member for Health shall make rules on holding meetmgs, the quorum, the procedures, allowances payable to members thereof and the cucumstances m which any member shall vacate his membership Functions of the Board

5 The function of the board shall be to advise the Executive Committee Member for Health upon all matters affectmg the Pubhc Health and sanitation Function of Pubhc Health Department

6 (1)There shall be a department,to be known as the public health at the County, Sub-County and Ward level which shall be headed by a Pubhc health office (2) The functions of the Pubhc Health Department shall be to promote Public Health and Sanitation, Prevent and guard the introduction of infectious Diseases mto the County,Suppression of infectious diseases, commumcable or preventable diseases withm the county,promote or carry out researches and investigations in connection with the prevention or treatment of human diseases, to prepare and publish reports and statistical or other information relative to the public health, and generally to carry out m accordance with the directions the powers and duties m relation to the pubhc health conferred or imposed by this Act General Duties of Health Officers

7 It shall be the duty of health authonty to take all lawful, necessary and, under its special circumstances, reasonably practicable measures for preventmg the occurrence or deahng with any outbreak or Prevalence of any mfectious, commumcable or preventable disease, to safeguard and promote the public health and to exercise the powers and 8 No 1 Nakuru County Public Health and Sanitation 2017 perform the duties in respect of the pubhc health conferred or imposed on It by this Act or by any other law PART ra-PREVENTION AND SUPPRESSION OF INFECTIOUS DISEASES Inspection of infected premises and exammation of persons suspected to be suffering from infections diseases

8 (1) A medical officer or Public Health Officer may at any given time enter and inspect any premises m which he or she has reason to believe that any person or persons are suffermg or who has recently suffered from any infectious disease is or has recently been present, or any person of which has recently been exposed to infection of any infectious disease and may medically examme any person m such premises for the purpose of ascertaining whether such person is suffermg or has recently suffered from any such disease (2)It shall be an offence for any person who knowmgly fads to go for treatment or infect another person with an mfectious disease or prevent another person from seekmg treatment for an mfectious disease (3) Any person or persons who contravenes this section shall be guilty of an offence and if convicted shall pay a fine of ten thousand shiUmgs or imprisoned for three (3) months or both such fines and impnsonment PART IV-HOUSING AND SANITATION Land zoning

9 The County shall zone all areas under its jurisdiction for various uses The use of any land or area shall mclude but not limited to agricultural use, industrial use, residential use, commercial use, busmess cum residential, public utility, schools, rehgious use or any other use the County may deem necessary Change of user of a land

10 A person shall not develop or use land other than m accordance with the Physical Planmng laws and any other relevant regulations and by laws Any person who uses or develops a plot m any other land way other than what the plot or place has been specifically designed for without a "change of user" from the County shall be guilty of an offence Health authorities to prevent or remedy danger from unsustamahie hmldmg

11 It shall be the duty of the County to take all lawful necessary and reasonably practicable measures for preventing or causing to be

2017 Nakuru County Public Health and Sanitation No 1 prevented or remedied all conditions liable to be mjunous or dangerous to health ansmg from the erection or occupation of unhealthy dwellings or premises, or the erection of dwellmgs or premises on unhealthy sites or on sites of msufficient extent, or from overcrowdmg, or from construction, condition or manner or use of any factory or trade premises and to take proceedings against any person causing or responsible for the contmuance of any such condition Building standards and approvals

12 (1) Any building either commercial,residential or any nature of dwellmg shall adhere to human safety and health of the occupiers (2) Building must be well ventilated, ht and with approved sanitation system (3) High-nse buildmg must have elevators and stair cases and emergency exit of reasonable size (refer building codes) (4)Every building must have provisions for the physically challenged persons (5) Construction must make provisions for ram water harvesting and storage (6) Every buildmg must have provisions for samtation services including waste receptacles for solid waste, soak pit for grey waste water and septic tanks where there is no sewer-line (7) The buildmg construction area shall not exceed 75% of the total plot area of which the remammg shall be 25% open to the sky for proper hghtmg and ventilation (8)Every building plan shall be mspected, approved and adheres to the relevant regulations (9) All buildings shall be well mamtained and conform with hygiene and health standards (10) Any person who fails to obtam building plans approval before constructions shall be guilty of an offence Demolition of Dilapidated Structures

13 (1) The County shall have power to demolish or cause to be demolished dilapidated structures for the purpose of enhancing beauty, safety and health within its areas ofjunsdiction (2) Where m the opimon of the Director a buildmg is so dilapidated or so defectively constructed or so situated that repairs to or alterations of such premises are not likely to remove the nuisance or danger to health. 10 No 1 Nakuru County Public Health and Sanitation 2017 the Director may apply to any Court or tribunal of competent jurisdiction for the issuance of a demohtion order requiring, (a) the owner or occupier of the premises to commence to demohsh them on or before a specified day, bemg at least one(l) month from the date ofissuing the order,and (b) to complete the demolition and to remove the materials which compnsed the premises from the site within forty five(45)days (3) An apphcation for a demolition order shall be preceded at least 30 days by a notice of the intention to issue such an order issued on the owner of the premises who may make representations m respect thereof to the Director (4) The Director shall give notice to the occupier of the premises in respect of which a demohtion order has been issued requiring such occupier to vacate the prenuses withm a tune to be specified m such notice (5) If any person fails to comply with an order for demohtion issued under this section, the Durector may cause the premises to be demohshed and may recover from the owner the expenses mcurred (6) No compensation shall be paid to the owner or occupier of any premises in respect of the demolition thereof as aforesaid (7) Any person who contravenes any section or by-law m the precedmg part where no penalty is expressly stated shall be guilty of an offence and upon conviction be liable to a fme not exceedmg Twenty Thousand Shillmgs or to impnsonment not exceedmg two years or to both such a fine and impnsonment County to Maintain Cleanliness

14 (1)It shall be the duty of the County to take all lawful, necessary and reasonably practicable measures for mamtaimng its area all tunes in clean and samtary condition, and for preventing the occurrence therein of or for remedying or causing to be remedied, any nuisance or condition hable to be mjunous or dangerous to health and to take proceedmgs of law against any person causing or responsible for the continuous of any such nuisances or condition (2) The County Government shall approve, recognize, hcense and regulate small scale exhauster services through the use of other approved pit exhaustion means such as gulpers, Vacutug and other approved pumps (3) Any person who is involved m exhausting services without authority from the County Government shall be guilty of an offence 11 2017 Nakuru County Public Health and Sanitation No 1 Provision and use of Sanitary Facilities

15 (1) The County Government or any other public authority or person m control of or responsible for the mamtenance of any premises or place to which the public has access or use shall provide and mamtam samtary and adequate number of toUet or latnne facihties m such premises or places (2) No person shall defecate or urmate m the public street or m the bush rather than m a latnne Anybody who does contrary shall commits an offence (3) No person/persons shall construct, use or rent any building or part of a buildmg or buildings without a provision of sanitary facilities Anybody who fails to provide shall commit an offence (4) Any person who fails to provide sanitary facilities shall be guilty of an offence and liable to a fine not less than ten thousand or three months imprisonment or both if convicted Feacal Sludge Management

16 The County Government shall ensure that the feacal sludge shall be disposed off m a manner that does not pose a nsk to public health and environment In areas where sewer network is available the relevant mandated authority shall ensure that all sewers and appurtenances are adequately maintained and free from spillage and blockage Any spillage shall be dismfected after the remedy Any person, institution or authority propagating such spillages commits an offence Provision of Decentrahzed Waste Treatment

17 It shall be the duty of the County Government to provide decentrahzed wastewater/sludge treatment facilities m areas where sewer network is not available Any individual, mstitution or entities constructmg / instalhng sludge treatment facihties shall seek approval from the County Government Anybody who fails to seek for the approval shall commit an offence Re-Use of Treated Sludge

18 The County Government shall allow the use of treated sludge for agricultural activities or any other economic activities provided that approval of the same is obtained The proprietor of such facihties shall bear full responsibility of removal and safe disposal of sludge from latrmes m their premises 12 No 1 Nakuru County Public Health and Sanitation 2017 Construct septic tank,storage tank,soak pits or sewage installation

19 (1) No person shall construct any septic tank, storage tank, soak pits or sewage installation or other works for reception or dispose of sewage except with a wntten permission from the County Government (2) Such septic tanks, storage tanks, soak pits or sewage filter installation shall be constructed in such a manner and m such a position as to afford ready means of access thereto for the purpose of cleansmg of the same and removing the contents thereof without bemg earned through any building (3) All septic tanks, storage tanks,filter installations or other works for treatment or reception or disposal of waste should be adequately and efficiently ventilated and be so protected as to prevent any nuisance (4) All construction of septic tanks, storage tanks or filters mstallation be constructed to ensurmg that adequate and satisfactory provisions has been made for the penodic emptying of the same (5) All storage tanks, septic tanks or installations facihties shall be constructed of impervious matenals so as to be water tight Offence

20 (1) Any person who is guilty of an offence under,contravention of, default complying with, any provision of the by-laws shall be liable on convicUon to a fine not exceedmg Fifty Thousand Shillings or to six month imprisonment or to both such fme and imprisonment (2) Any person or firm who disposes off sewerage to an area not approved by the County Government for reception of such discharge shall be guilt of an offence PART IV-STREET CLEANSING County to keep street clean

21 The County shall undertake or contract out cleansmg services m its area ofjurisdiction as it may decide from time to time Owner or Occupier to Keep Premises Clean

22 (1)It shall be the duty of every occupier or owner or agent of a trade premise or any other development to clean or cause to be paved cleaned and to remove all wastes and mamtam cleanlmess of the frontage of his house,trade premise or any other development to the satisfaction of the Director of Public Health provided that the duty of the owner or occupier or agent shall not include cleamng of the mam road, open space or public plot 13

2017 Nakuru County Public Health and Sanitation No 1 (2) No person shall place or cause or pemut to be placed upon frontage of a house, building or any other structure any dirt, filth, rubbish, stone, soil, demolition material or any sort of refuse (3) Any owner or occupier of any premises who fails to clean or cause to be cleansed any paved area m connection to his or her premise shall be guilty of an offence County to Provide Street Litter Bins

23 The County shall provide litter baskets or bms for the disposal of litter m the streets and pubhc or contract cleaners Indiscriminate Litter Disposal

24 Any person who throws or causes htter to be thrown m the street, or public places or deposits or otherwise disposes prohibited off litter m any place other than the litter baskets or bins provided, shall be guilty of an offence Direct Arrest for Those Found Littering

25 Any person found throwing or having thrown or causing htter to be thrown m streets or any pubhc place shall be immediately arrested and dealt with m accordance wi& the law Indiscriminate Pastmg of Posters Prohibited

26 (1) Any person or persons, firm or society or, compames rehgious or otherwise shall ensure that their posters, handbills or advertisement materials are pasted or displayed only m authonzed surfaces, areas or places,failure to which it shall constitute an offence (2) Any person or persons,firm or society or orgamzation,rehgious, political or otherwise which pastes or allows or causes to be pasted posters, handbill or an advertisement matenal on an htter bin, dustbm or any other unauthorized surface or place shall be guilty of an offence Penalty

27 Any person guilty of an offence under the provision shall be liable on conviction to a fine not exceeding Twenty Thousand Shillings or m default to an impnsonment for a term not exceedmg six months or to both such fine and impnsonment Penalty where not Expressly Stated

28 Any person who contravenes any section or sections of the preceding part where no penalty is expressly stated shall be guilty of an offence stated and upon conviction be hable to a fine not exceedmg 14 No 1 Nakuru County Public Health and Sanitation 2017 Twenty Thousand Shillings or in default to impnsoninent not exceeding SIX months or to both such a fine and unpnsomnent Medical Waste Management

29 (1) A person who produces/generates waste shall handle and store medical waste m a safe manner that poses no threat to pubhc health or to the environment and are under a duty to ensure that medical waste is removed from their preimses, transported and disposed of in accordance with this Act (2)Without hmitmg the generality of the duty m paragraph— (3) Generators shall— (a) Separate medical waste from other waste at the point of generation or source, (b) store medical waste m leak-proof, sealable contamers and ensure that contamers which are used for the storage of sharps and other clmical items which can cause cuts or punctures or injections are,in addition,ngid and puncture resistant, (c) Label each medical waste contamer mdelibly and m large, legible lettermg with- (i) The names and the address of the generator, (4) The words "Danger Medical Waste","Hatan, Sumu Kali" international bio - hazard logo, and (5) The date on which the medical waste contamer is removed from the generator's premises— (a) Prevent public access to medical waste contamers which are m use, (b) Store filled medical waste contamers m controlled, secure areas which are reserved for the storage of medical waste, (c) Make arrangements for the removal of medical waste from their premises and for the transportation of medical waste to a disposal site by a person who transports medical waste m terms of this Act and who is registered as a transporter (d) Make arrangements for the disposal of medical waste by a person permitted to dispose of medical waste m terms of this Act (6) A person who produces/generates waste may apply m wntmg to the county for permission to handle, store and otherwise deal with then* 15

2017 Nakuru County Public Health and Sanitation No 1 medical waste m a manner which does comply with the requirements set out m these by-laws (7) The county may m wntmg grant the permission referred to m this Act provided that it may grant such permission subject to conditions (8) A person who produces/generates waste may transport and dispose of medical waste, m the manner provided under this Act (9) Medical waste generators must— (a) Maintain an up-to- date written record of medical waste removed from then* premises m the format as prescribed from time to time by the county (b) acquire from the disposer of the medical waste written notifications/certificate that the medical waste has been disposed of and, on receiving such notifications, indicate m their written records that the medical waste has been thus disposed of, (c) Keep the written records referred to in (a) and the notifications referred to m (b)for a period of one year after the removal from their premises of the medical waste (10) Transporters shall remove medical waste from the premises of a generator, transport, and store and dehver such medical waste to the site at which It wdl be disposed of m a safe manner which poses no threats to human health or the environment (11) Without limiting the generality of the duty m paragraph transporters shall— (a) Not remove medical waste from the containers m which it has been stored, (b) Transport and store medical waste m such a way that no member of public can gain access to the medical waste or the container m which It IS stored, (c) Transport medical waste in vehicles which are— (i) Capable of contaimng medical waste, (u) Designed to prevent spillages, (ill) Constructed of matenals which are easy to clean and to dismfect, (iv) Capable of being secured m order to prevent unauthorized access, (d) Deliver medical waste only to a person and site permitted to dispose medical waste m terms prescribed by this Act 16 No 1 Nakuru County Public Health and Sanitation 2017 (13) Transporters shall apply in writing to the county for permission to remove, transport, store and dehver medical waste m a manner which comply with the requurements set out m this Act (14) The County may m wntmg grant the permission subiect to conditions (15) Transporters may transport and dispose of medical waste, provided that they do so m terms given m this Act Written record in respect of collection and delivery of medical waste

30 (1) Transporters shall mamtain a wntten record in respect of each collection and deliver of medical waste, which they shall update simultaneously with each collection and delivery, and such record shall be in the format as prescribed from time to time by the county,and must keep such record for a penod of one year from the date of which the medical waste IS delivered (2)Medical waste may be disposed of by a person who complies with all terms and conditions attached to such permit and authorization (3) A person permitted m terms of subsection (1) to dispose of medical waste shall do so at the site at which the permit or authorization, or both, permits him or her to dispose of medical waste, and may not dispose of medical waste at any other place (4)Persons who dispose of medical waste shall— (a) Mamtam and keep up- to-date record of each dehvery to the disposal site m the format as prescnbed from time to time by the county (b) Keep such record for a penod of one year from the date on which the medical waste is disposed of (5) Every transporter shall register with the County withm 30 days of the coming into operation of this Act by completing and submitting a written notification to the County m format prescnbed from time to timp, (6) Generators and transporters shall advise the County of any changes to the information provided m terms of subsection (1) and (2) as soon as such changes takes place (7) Any person who contravenes any provisions of this Part or fails to comply with any given there under shall be guilty of an offence and upon conviction be liable to a fine not exceedmg fifty thousand or a term of impnsonment not exceedmg nme months or both fine and impnsonment 17

2017 Nakuru County Public Health and Sanitation I PART VI - PUBLIC HEALTH NUISANCES Prevention and suppression of health nuisance

31 (1) No person shall cause a nuisance or shall suffer to exist any land or premise owned or occupied by him or of which he is m charge any nuisance or other condition hable to be mjunous or dangerous to health (2) The following shall be deemed to be nuisance hable to be dealt with m the manner provided in this part— (a) Any vessel and any railway carnage or other conveyance, in such a state or condition as to be mjunous or dangerous to health, (b) Any dwelhng or premises or part thereof which is or are of such construction or m such a state or so situated or so duty or so verrmnous as to be m the opinion of the duector of pubhc health or the Public Health Officer is mjunous or dangerous to health or which IS or are hable to favor the spread of any infectious disease (c) Any street, road or any part thereof, any stream, pool, ditch, gutter, watercourse, sink, water-tank,cistern, water-closet,earth- closet, pnvy,unnal,cesspool,soak away pit, septic tank,cesspit, soil-pipe dram, sewer garbage receptacle, dustbin, dung-pit, refuse-pit, slop-tank, ash-pit or manure heap so foul or m such a state or so situated or constructed as in the opinion of the County duector of public health or the Public Health Officer to be offensive or mjunous or dangerous to health (d) As well or other source of water supply or any cistern or other receptacle for water, whether Pubhc or Pnvate, the water from which IS used or is likely to be used by man for dnnking or domestic purposes or in connection with any duty or milk shop, or m connection with manufacture or preparation of any article of food intended for human consumption, which is m the opimon of the County duector health services or the Pubhc Health Officer is polluted or otherwise hable to render any such water mjunous or dangerous to health, (e) Any vexatious matter or waste water,flowing or discharged mto public street, into the gutter or side channel of any street, or mto any nullah or waste course,imgation channel or bed or any area thereof not approved for the reception of such discharge, (f) Any stable, cow-shed or other building or premises used for keeping of ammals or buds which is so constructed, situated, used or kept as to be offensive or mjunous to health. 18 No 1 Nakuru County Public Health and Sanitation 2017 (g) Any animal which to the opimon of the County dmector health services or the Pubhc Health Officer is or kept as to be a nuisance or mjimous to health, (h) Any accumulation or deposit of refuse, offal manure or other matter whatsoever which is offensive or which is injurious or dangerous to health (i) Any accumulation of stones, timber, tms, scrap metal or other material in the opinion of the County director health services or Pubhc Health Officer is likely to harbor rats or other vermm, 0) Any premises in such a state or condition and any building so constructed as to likely harbor rats or other vermm, (k) Any dwelhng or premise which is so overcrowded as to be mjunous or dangerous to the health of the inmates, or is dilapidated or defective m hghtmg or ventilation, or is not provided with or is situated that it cannot be provided with samtary accommodation to the satisfaction of the County director health services or the Public Health Officer (1) Any pubhc or other buildmg, which is so situated, constructed, used or kept so as to be unsafe or mjunous or dangerous to health, (m) Any occupied dwelhng so situated, constructed, used or kept so as to be unsafe or mjunous or dangerous to health, (n) Any factory or trade premises not kept in a cleanly state and free from offensive smell ansmg from any dram, pnvy, water-closet or unnal or not ventilated so as to destroy or render harmless and inoffensive as far as practicable any gases, vapors, dust or other impunties generated or so ever crowded or dangerous to the health of those employed therein (o) Any factory or trade premises causing or giving nse to smells or effluvia which are offensive which are mjunous or dangerous to health, (p) Any area of land kept or permitted to remain m such a state or to be offensive, or liable to cause any infectious commumcable or preventable disease or mjury or danger to health, (q) Any chimney sendmg forth smoke in such quahty or m such manner as to be offensive or mjunous or dangerous to health, (r) Any cemetery, bunal-place of sepulture so situated or so crowded or otherwise so conducted as to be offensive or mjunous or dangerous to health. 19

2017 Nakuru County Public Health and Sanitation No 1 (s) Any floor of a prenuses so eroded or with potholes so as to be difficult to maintain cleanhness to the opmion of the County director health services and Pubhc Health Officer thereby is likely to be dangerous or mjunous to health, (t) Any good store or premises so congested and or lackmg adequate trestles or pallets making it difficult to keep it m a clean state so as to be unsafe,or mjunous to health, (u) Any dirt and un repainted wall surface of a premises which to the opmion of the County director health services or Pubhc Health Officer are likely to be mjunous or dangerous to health, (v) Any workshop or garage which lacks protective garments, welding screens or cloakrooms or other thing which to the opmion of the County director health services or the Public Health officer are omissions likely to be dangerous or mjunous to health (w) Any illegal structure, buildmg or premises constructed so as m the opinion of the County director of Public Health or pubhc health officer is likely to be dangerous or mjunous to health (x) (i) Any occupied dwelling or public building such proper, sufficient and wholesome water supply is not available at a reasonable distance is an omission which is to the opinion of the County dnector of public health or the Public of Health Officer is dangerous to life or mjunous to health, (i) Any act, onussion or thing which to the opmion of the County du-ector health services or the director Pubhc Health is or may be, dangerous to life, or offensive or mjunous to health (u) The author of a nuisance means the person by whose act, default or sufferance nuisance is caused, exists or is m continuing manner, whether he is the owner or occupier or both owner and occupier or any other person, (m) Any improper pre-storage and disposal of climcal waste ansmg from medical, nursing, dental, vetennary, pharmaceutical or similar practice, investigation, treatment, care, teachmg or research which by nature of its toxic, infectious or dangerous content may prove a hazard or give offence unless previously rendered safe and inoffensive Such waste mcludes human or animal tissue or excretions, drugs and medical products, swabs and dressings, instruments or similar substances and matenals 20 ^0 \ Nakuru County Public Health and Sanitation 2017 Prevention and suppression of health nuisance

32 (1) No owner or occupier of any residential or commercial premises or vacant land adjoining a residential or commercial premises shall use, cause or permit to be used such premises, vacant land or any portion thereof which is open to public, for the piupose of stonng, stacking, or keeping any waste matenal, refuse, crates cartons, contamers or any other articles m such a way as to cause a health nuisance (2) Notwithstanding the provision of any other Act,no person shall— (a) Allow any compound to be overgrown with bush, weeds or grass or other vegetation, expect cultivated trees ,shrubs and grass ,to such an extent that ,m the opinion of the county du-ector health services or Director of Public Health, it may be used as a shelter by vagrants, wild animals or vermin without threatenmg the public health or attached to any building or structure m good and sound repair, (b) Fail to mamtam the sewers, drams, water fittings waste water fittings, water fittings ,water closet fittings and all other samtary accessones forming part of or attached to any building or structure m good and sound repau*, (c) Deposit, keep, cause or permit to be deposited or kept any night soil on any premises ,except m a proper sanitary convemence of such nature or m such convenience approved by the county du-ector Pubhc health, (d) Keep,cause or suffer to be kept upon any premise any samtary convenience of such nature or m such condition that it is a health nuisance, (e) Carry, convey or permit any stream, pool, ditch dram, gutter, watercourse, sink ,bath, cistern, water closet, pnvy or imnal on any land or premises that is owned or occupied by him or of which he is m charge to be or to become so foul or m such a state or to be so situated or constructed so as to be a health nuisance, (f) Cause or penrnt any foul or polluted water or any foul liquid or objectionable matenal to run or flow from any premises to that owned or occupied by another person, whether occupied for trade ,busmess, manufactunng, dwelhng or other purposes, onto any land or mto any storm water,nver or canal system, (g) Any person who contravenes this section shall be guilty of an offence and upon conviction be liable for punishment m accordance with the provisions of this Act 21

2017 Nakuru County Public Health and Sanitation \ (3) The owner of any premises which is let or subject to more than one tenant, shall mamtam at all tunes m a clean and sanitary condition, every part of such prenuses as may be used m common by more than one tenant Cause or give rise to smells or effluent constitute a heath nmsance

33 (1) No person shall keep,cause or suffer, run and/or operate any factory or trade premises so as to cause or give nse to smells or effluent that constitute a heath nuisance (2)Every person who is the occupier or m charge of any premises or the owner of any vacant land m the area of junsdiction of the county, shall take aU possible precaution to prevent conditions favormg the multiphcation and prevalence of, and shall take steps for the eradication of vectors or vemun (3) An authorized person employed by the county may serve upon such owner, occupier or person m charge of a notice in regard to the prevention or eradication of any such vemun or pest and specify a tune period within which such vemun and/or pest must be eradicated (4) No person shall keep cause or suffer to be kept on any prenuses any accumulation or deposit of filth, mbbish, refuse, manure, other offensive matter, or objectionable matenal or thing so as to be a health nuisance (5) No people shall, without the written permission of the county duector pubhc health, occupy or pemut to be occupied for human habitation a caravan, tent or other similar shelter of any descnption or subserviced land except on an authorized campmg or caravan site Offenses

34 Any person who contravenes or fails to comply with any provisions of this Part or fails to comply with any notice lawfully given there under shall be guilty of an offence and upon conviction be liable to a fine as prescnbed m this Act PART Vn - FOOD HYGIENE Preliminary "Food contact surface" means the budding or plant thereof used for or m connection with the sale, preparation, packmg,or storing offood "Food Plant" means the budding or plant thereof used for or in connection with the sale, preparation, packaging,or stormg offood "Samtize" means adequately treated surface by a process that is effective m destroymg vegetative cells or pathogemc bactena and 22 j^O 1 Nakuru County Public Health and Sanitation 2017 substantially reduce other micro-organisms such that the treatment shall not adversely affect the food and shall be safe for the consumer, "Animal" means any animal used as food, but does not include manne or fresh water animals, "Meat" shall be the clean dressed fresh of slaughtered animal that has been inspected by an authonzed Officer and found fit for human consumption "Meat product" means the products obtamed from meat and included those parts of the carcass not usually include m meat "Executive member "means the executive member of health who for the time being is responsible for health nunistry "Food" mcludes any article manufactured, and sold or presented for the use as food or dnnk for human consumption, chewing gum and any mgredient of such food,dnnk or chewing gum "Package" mcludes anything m which any food is whoUy or partly placed or packed "Label" mcludes any legend, work or mark attached to mclude m belongmg to or accompany any food, "Preparation" includes manufactured and any form of treatment and "prepared" shall be constructed accordingly "Contamer" mcludes any basket, pail, tray, handcart, trolley, package or receptacle of any kind, whether movable,stationed, open or closed "Sell" mcludes offer, advertise, keep, expose, transmit, convey, deliver, or prepare for the sale or exchange, dispose of for any consideration whatsoever or transmit, convey or deliver m pursuance of a sale,exchange or disposal as aforesaid "Insanitary conditions "means such conditions or circumstances as might contaimnate Food, with dud or filth or might render the same injurious or dangerous to health, "Premises" mcludes any buildmg, tent, handcart together with the land on which the same is situated and any adjommg land used m connection herewith, and mcludes any vehicle, bicycle "Health Authority" means health authority of the County Government of Nakuru "Pubhc analysts" means a person appointed by the county to act as an analyst 23

2017 Ndkuru County Public Health and Sanitation Nq \ "Infectious disease" means every disease, which can be commumcable directly or indirectly by any suffermg there from to any other person PART Vm(A)-GENERAL PROVISIONS PROTECTION OF FOODSTUFFS Prohibition against sale of unwholesome poisonous or adulterated food

35 (1) Any person who sells any food that, (a) Has m or upon it any poisonous or harmful substances (b) Is unwholesome or unfit for human consumption, or (c) Consist m whole or m part of any filthy, putnd, disgustmg, rotten,decomposed or disease substance or foreign matters, (d) Is adulterated, shall be guilty of an offence and upon conviction be hable for Pumshment m accordance with these by-laws (2) Any person who labels, packages, sells or advertises any food m contravention with this Act or m a manner that is false, misleadmg or deceptive as regards its character, nature, value, substance, quahty, composition, ment, or safety, shall be guilty of an offence and upon conviction be liable for pumshment m accordance with this Act Deception

36 (1) Any person who sells to the prejudice of the purchaser any food which IS not of the nature or is not of the substance, or is not of the quahty, of the article demanded by the purchaser shall be guilty of an offence and upon conviction be hable of a punishment m accordance with the provisions of this Act (2) Any person who prepares, packages, stores, displays for sale or sells any food under insanitary conditions shall be guilty of an offence and upon conviction be hable of a pumshment in accordance with the provision of this law Food Hygiene License

37 (1) No person shall use any premises for the manufacture, preparation, storage or sale of food unless he shall be m lawful possessions of current hcense issued by the County, and shall mclude, among others, a Food Hygiene License Notwithstanding the provisions of this Act, the County shall requne any market stall dealing with food to have a vahd food Hygiene License, 24 1^0 1 Nakuru County Public Health and Sanitation 2017 (2) Every person desinng Food Hygiene License under this Act in respect of any premises used,for the purpose of Selhng, preparing, storing or displaymg for sale any food shall make an apphcation as prescribed m this Act to the County upon payment of a fee which the County may impose accordmg to the approved and gazetted fee and charges (3) No hcense shall be issued under this Act unless- (a) The health authority is satisfied that the provisions of this Act have been comphed with, and (b) The Fee prescribed by the County has been paid (4) Every food Hygiene License issued under this Act shall be m a Form set out m this Act Offenses

38 (1) Any person found operating a food premises without a food hygiene license sh^l be guilty of an offence and upon conviction liable for punishment m accordance with the provision of this law (2) Any person who fails to display his Food Hygiene License at a conspicuous position within the food plant shaU be guilty of an offence and upon conviction liable for pumshment m accordance with the provision of this Act Standard for Food Plants

39 (1) No person shall use any preimses for the manufacture, preparation, storage or sale of food unless the construction, hghtmg, ventilation, water supply, drainage, sanitation, situation and general condition thereof are to the satisfaction of the health authonzed (2) The fees chargeable in respect of license issued shall be paid to the County on the issue of any license issued in accordance with this Act The fees so charged shall be determmed by the County and subject to revision from time to tune Every License so issued shall expue on the ST' December following the date of issue Prohibition

40 No persons to whom any License is issued under the provisions of this part shall lend, hue, sell, transfer or otherwise dispose of such License to any person without pemussion of the County An authonzed Officer shall endorse every such transfer on the license and the prescnbed fee shall be paid to the County in respect of every such transfer In no case shall any License be transferred from the premises,trade or business 25 2017 Nakuru County Public Health and Sanitation j Health measures to be taken in a Food Plant

41 Every person who owns, operate or m charge of a food plant shall take all reasonable measures and precaution to ensure that- (a) No person suffenng from any disease m a commumcable form or havmg boils, sores or infected wounds work m a food plant m any capacity where there is a reasonable possibihty of food ingredients becommg contammated by such person or the disease being transmitted to the other employees, (b) (i) Thorough medical examination is earned out m a County medical Institution only by director health services on all employees pnor to then employment and at regular mtervds of not more than six months, and the health certificates are kept at the food plant and on demand by the authonzed Officers should be produced (ii) The owner, operator or the person In-charge of a food plant, m pursuance of the provisions of the proceeding section shall apply to health authonty for medical exammation of all persons employed at the food plant (ill) Every application for Medical Exammation under the above section shall be made m a Form prescribed by the County and shall be accompanied by a fee as per approved fees and charges (iv) The certificate of the Medical Exammation issued by health authonty under this section shall be m Form Prescnbed by the County (2) Any person handling food or engaging m prepanng of the food without valid medical certificate shall be guilty of an offence and hable for a pumshment m accordance with this Act (3) Any operator or owner of a business who fails to subject his food handles for Medical Exammation and hence be m possession of a vahd Medical Certificate shall be guilty of an offence m accordance with the provision m this Act Outer Garments

42 (1) All persons working m a food plant shall wear clean outer garment which shall be white m colour or any other colour or matenal approved by an authonzed Officer Such person shall conform to hygiemc practices while on duty (2) Any person found engaging m food preparation or handlmg m food premises without clean outer garment shall be guilty of an offence 26 j^O 1 Nakuru County Public Health and Sanitation 2017 Expiry dates to be clearly marked on all food stuffs

43 All food stuff shall clearly be factory marked so as to show "Expiry date" showing the last day, month and year on which the product may be sold Prohibition

44 Any person who shall sell any food, whose date marking has expired after that date, shall be guilty of offence Notice and closure

45 Where any food plant,by the reason of its situation construction, or disrepair, is m such a condition that any food m the premises may be exposed to contamination or detenoration or become dirty, an authonzed Office may serve a notice m wntmg on the person who owns or operates the food plant requmng him— (1) To clean, reconstruct or repair the premises m the specified manner and penod or (ii) (a) Not use the plant until the conditions stated m such notice have been fulfilled (b) Any person on whom a notice under paragraph (i) may within fourteen days from the date he receives such notice appeal to the county executive member for the order thereon as he thinks fit and whose decision shall be final (c) A notice served under this Act shall remain effective untd such a time as the person on whom it is served receives a copy of the executive member's decision and complies with any direction which may be given by the executive member (d) It shall be sufficient comphance with a notice served under this Act, if the person on whom such a notice is served ceases to use the premises as a food plant Penalty

46 (1) Any person who fails to comply with the notice served under paragraph (10)(i)(a) and (b) above shall be guilty of an offence and liable to a fine not exceedmg fifty thousand shillings or to Impnsonment for a term not exceedmg mne months or both such fme and impnsonment (2) The occupier of any premises used for the manufacture, preparation, storage or sale of food shall at all times keep such prenuses and all vessels, instruments or utensils used m connection with such manufacture, preparation, storage or sale m a thoroughly clean and wholesome condition 27

2017 Nakuru County Public Health and Sanitation No 1 (3) No food intended for sale shall be stored or exposed for sale other than in premises licensed for such purposes and under no circumstances shall such be stored m premises used for human habitation Inspection of animals by authorized officer

47 An authorized Officer may for the purpose of this Act, mspect any ammal mtended for the slaughter and may seize and exanune meat which he considers to be unfit for consumption Package to be provided in butcheries

48 (1) Any owner or occupier of any butchery shall ensure that he has provided among other items, a hacksaw m his butchery for cuttmg bone meat, (2) Any owner or occupier of any butchery shall ensure that the use of hacksaws m his butchery Offence

49 Any person who cuts meat bone for sale or otherwise to the general public without the use of a hacksaw shall be guilty of an offen<^ The onus of proof that such meat bone was cut using a hacksaw shall be upon the accused person Meat not to be wrapped m newspapers

50 No owner or occupier of a butchery or meat shop shall wrap or allowed to be wrapped of any meat directly m newspapers or in any other matenal not approved by the director pubhc health Meat carrier bcense

51 No person shall transport meat in any vehicle or any vessel or receptacle within the County without a valid food Hygiene License issued under this law Penalty

52 Any person who is guilty of an offence under part 11 A of this law for which no special penalty is provided shall be hable, (i) In case of a first offence to a fine not exceeding five thousand shillings or an imprisonment for a term not exceedmg nine months or both such fine and imprisonment (ii) In case of a subsequent offence not exceedmg fifty thousand or to impnsonmentfor a term not exceedmg three years 28 No 1 Nakuru County Public Health and Sanitation 2017 PART vm-SOLID AND LIQUID WASTE MANAGEMENT Interpretation "Refuse" includes garbage, tins bottles ashes, sweeping from dwellings, refuse from gardens or stables or waste products from any factory or workshop "Approved"means approved by the county secretary "Buildmg" means any structure movable or fixed, of whatsoever kind,or any part thereof and includes dramage work and excavation, "Domestic refuse" means garbage, tms, bottles, ashes, dusts, sweepings and all other forms of non-liquid refuse from domestic buildmgs, but not include refuse from gardens, or manure or night soil, or waste products from factones, workshop,laboratory dime wastes "Dustbin" means a movable receptacle for the reception and storage of refuse, and made of material and of such size and construction as specified m this Act "Gardens refuse" means the refuse from the garden including grass, plants and cuttings of the hedge tree and manure "Latnne" includes pnvy,urmal,earth closet and water closet "Owner" as regards movable or immovable property, includes any person other than the County, receiving the rent, or profits of any land or premises from any tenant or occupier thereof or who would receive such rent or profit if such land or prermses were let whether on his own account or as an agent for any person other than the county secretary, entitled thereto or interested therein, the term includes any lease or hcensee from the county and any superintendent, overseer or manager of such lease or licensee residing on the holding, "Samtary Convemence" means closets and unnals "Trade refuse" means the refuse of any trade, manufacture or business or of any building matenals but doesn't include Laboratory ,Chnical and hazardous wastes "Water closet" means a closet which has fixed receptacle connected to a drainage system and separate provision for flushing firom a supply of clean water either by the operation of a mechamsm or by an automatic action Removal contents of receptacle

53 The removal of the contents of all refuse receptacles within the Market and urban centers shall be earned out by the county or any other 29

2017 Nakuru County Public Health and Sanitation \ person authonzed by the county in wnting except that the county shall not be liable for any delay or failure to remove such contents Maintenance of Receptacle

54 (1) The occupier of every premises withm every market/urban centers/towns within the junsdiction of this county shall provide and maintain a receptacle of refuse as may be directed by the county durector health services/ Dnector pubhc health by notice to such m good condition, to the satisfaction of the county director health services, such number of receptacles (2)No persons shall use a receptacle for purpose of stormg any refuse for collection by the county unless the receptacle is of design, standard and specifications approved by the county (3) Any person who contravenes or fails to comply with any of the provisions of this Act shall be guilty of any offence Deposit and removal of refuse

55 (l)The occupier of any premises shall— (2) Deposit within the refuge receptacle of his premises all refuse from such premises (3) At the time notified by the county cleansing staff under Paragraph (ii) of this section, place the refuge receptacle m a suitable position as near as is convenient for the County cleansmg staff (4) The County cleansing staff shall m respect of every Premises, notify the occupier of every premises of these days and times the refuse wdl be collected from his/her refuse receptacle (5) Any person who contravenes or fails to comply with any provision of this Act wdl be guilty of an offence Burmng ashes and Iiqmds

56 (1) Any person who deposits m any refuse receptacle Mamtamed under section 4 of this Act, (2) Burning ash or other material m a state which is likely to cause fire, or (3) any liquids or solids matter likely to cause mjury to any person with whom It comes into contact, shall be gudty of an offence Charge of hire of receptacle

57 The occupier of any premises or part thereof m respect of which refuse removal services is provided from time to time m accordance with approved fees and charges m respect of each receptacle appendmg to such 30 No 1 Nakuru County Public Health and Sanitation 2017 prenuses or part thereof. In addition to the fee payable under paragraph (1) of this Act, the occupier of any premises or part thereof, shall Pay to the county a prescribed fee for the hire of each receptacle Refuse on Public or Private Property

58 Any person who throws or deposit or cause to be thrown or deposited, or in any way allows refuse or waste matter to remain upon any public place, shall be guilty of an offence County director pubhc health may serve a notice to an offender under paragraph (i) requmng removmg refuse or waste matter withm a specified penod Accumulation of refuse on premises

59 (1) Any person who permits any accumulation or deposits of refuse or other waste matter to remain m or upon his premises except as provided in this Act shall be guilty of an offence (2) County Director Pubhc Health may serve a notice upon an occupier requmng him to remove any refuse m or his premises within such penod as may be specified in such notice Removal of refuse from light industrialjua kali

60 (1) County Director Pubhc Health may from time to time at the request of the owner or occupier of any prenuses and on payment of the prescnbed fee, (a) By delivenng to the person to whom is to be sent or served, or (b) By leaving it at the Usual place or last known place of abode of that person, or m the case of a company, at its registered office, or (c) by delivenng it to any person found on the prenuses to which it relates, or if there is no person, on the prenuses to whom it can be delivered by fixmg it on some conspicuous part of the premise, (d) Where the names of the owners or occupier is known, such a notice, order or document may be addressed to the" owner or occupier' of the prenuses which shall be named without further name or descnption (2)If any person fails to comply with the requirements of any notice, order or other documents served under this Act the County secretary may cause the work required by such document to be done and may recover from the person in default as a civil debt the expenses thereby incurred 31

2017 Nakuru County Public Health and Sanitation No 1 Penalty

61 Any person who contravenes this Act shall be guilty of an offence and upon convection be hable to a fine not exceeding seventy five thousand shillings or one-year impnsomnent or both fine and impnsomnent PART K-ENVmONMENTAL POLLUTION AND EFFLUENT CONTROL General Provisions

62 (1) No person may discharge or apply any poisonous, toxic, obnoxious or obstructing matter, radiation or other pollutant or permit any person to dump or discharge such matter or pollutant the aquatic environment m contravention of water pollution control standards established by the County (a) Owners or operators or ungation schemes systems, industnal production plants workshops or any other undertakmg which may discharge effluent shall submit to the county such information about the quantity and quahty of such effluent (b) The County may requne an owner or operator or ungation schemes, sewage systems, industnal production plants, workshop or any other undertakmg which the county has reasonable grounds to believe may cause or causes the discharge of effluent mto the aquaUc environment to submit all mformation relatmg to the quantity and quahty of effluent as county may require (c) The County may order an operator or owner referred to under this section, at his expense to install such metenng devices, and to have such sample taken and analyzed, and to keep such records, as the county may require (2) The owner or operator or trade or industnal undertakmg who wishes to discharge mto an existing sewage system effluent from his plant shall obtain wntten permission to do so from the County (3) The County may impose conditions under which an effluent can be accepted or may prescnbe methods or pre-treatmg pnor to acceptance mto the system— (a) the owner or an operator or an mdustnal undertakmg dischargmg an effluent shall apply for a license within six months after commencement of this Act (b) the County may grant a hcense for the discharge or effluent under this Act 32 j^O 1 Nakuru County Public Health and Sanitation 2017 (4) Any person intending to erect,install or develop a new industrial or trade plant, an agncultural scheme or an undertakmg likely to discharge effluent shall m addition of first obtaimng all the necessary approvals from the County, inform the County of his intention dunng the early learning stage (5) The County may, without undue delay after receipt and consideration of the information submitted under this section requu-e any person referred to apply for a license or a perrmt as required m the Act (6) The application for a hcense under this section shall be submitted to the County before development of any mdustnal undertakmg or scheme (7) An extension of an existing mdustnal or trade plant, or agncultural scheme or other undertaking shall be deemed to be new if the extension— (a) Will increase the influent of the existing plant either m the quantity or concentration of pollutants, (b) Will discharge its effluent into a different course, or (c) Will mtroduce a new type of pollutant into the envu-onment (8) The County may or may not grant a hcense after considenng the details of, (a) The possible effect on the quality of an affected water course or other source, (b) The existing hcenses affectmg the same water course or other source and, (c) The water requirement of other npanan's residents, human settlement and agncultural schemes which depend on the water source (9) If a hcense is not granted the notice of refusal shall state the reasons of the refusal Discharge of Effluent to sewers

63 (1) No persons shall discharge any effluent mto any sewers except with the wntten permission of the County (a) The County may attach such conditions as it deems fit to permission granted under paragraph (i) and may at any time revoke such penmssion (b) It shall be illegal to discharge any effluent mto any public land, well, borehole, surface water course, audit or pipe within the 33

2017 Nakuru County Public Health and Sanitation Nq i county without the consent of the county Director of public health (2) No person shall discharge into any sewer any effluent which is hkely to— (a) Damage any sewer mto which it is discharged or any sewer through which it is conveyed or to mterfere with the flow of such a sewer, (b) Damage sewage purification works at which it is treated or equipment installed there at, (c) Interfere with any process of purification work of sewage or trade effluent, (d) Be a nuisance or mjunous to health, or (e) Affect adversely the quality of the effluent discharge from the sewage punfication works (3) No person shall discharge mto any sewer any effluent the temperature of which at its pomt of entry mto the sewer exceeds thirty degree centigrade (4) Any person who contravenes this Act shall be guilty of an offence and upon conviction be liable to a fine not exceeding one hundred thousand or to an impnsonment term not exceedmg three years or both a fine and impnsonment PARTX - MISCELLANEOUS PROVISIONS Power of entry and inspection

64 (1) Any authonzed officer of the County shall have the power to enter and inspect any preimses within the County area m order to detenmne whether there is comphance with the provision of this Act (2) When entenng a premise m terms of subsection(l), the Authonzed Officer shall on request by any person, identify himself by producmg wntten proof of authonzation (3) The Authonzed Officer may be accompamed by a person reasonably required to assist in conductmg the inspection Service of Documents and Process

65 Whenever any notice, order, demand or other document is authonzed or required to be served on a person in terms of this Act , it shall be deemed to have been effectively and sufficiently served on that person— 34 j Nakuru County Public Health and Sanitation 2017 (a) When it has been delivered to him personally,(b) when it has been left at his place of residence or business in Kenya with a person apparently over the age of eighteen years,(c) when it has been posted by registered mail to his last known residential or business address m Kenya and an acknowledgement of the postmg thereof if produced, (b) Where his addresses in Kenya are unknown, it has been served on his agent or representative m the manner provided by (c) if his address and agent m Kenya are unknown, then it will be posted m a conspicuous place on the immovable property (if any)to which it relates (d) When any notice, order, demand or other document as aforesaid IS authorized or required to be served on a person by reason of his bemg or having been the owner or occupier of or holding some other nght m respect of immovable property, it shall not be necessary to name him but it shall be sufficient if he is therem described as the owner, occupier or holder of such immovable property or other nght,as the case maybe Power of arrest and Entry

66 (1) County Enforcement Agents/ Pohce shall have power to arrest without warrant any person who in his/her presence commits any offence against this Act withm the county of Nakuru junsdiction and to detain until he/she can be dehvered unto the custody of competent court and dealt with accordance to the law (2) County Enforcement Agent/ Pohce shall have powers to enter into and upon any premises withm the junsdiction of the county of Nakuru for the purpose of mspection m order to enable him or her to execute his/her duties as laid down in the act (3) Any person who willfully mterferes/hmders or obstruct a county enforcement agent or any duly authonzed county officer while m execution of his duty shall be guilty of an offence Penalty

67 (1) Any person convicted of an offence under this Act shall be liable to a fine not exceedmg twenty thousand shillings or impnsonment for a penod not exceedmg one year (2)In case of a contmumg offence an additional fine of three thousand shilhngs for each day on which such an offence continued (3) In addition to any penalty imposed m terms of Paragraph (i) and (ii), the person so convicted shall be hable to pay the cost of repau- of any damage caused or costs mcurred m remedying any damage resultmg from such an offence 35

2017 Nakuru County Public Health and Sanitation j (2) A health Authonty may, by any of its officers or by any person specially authorized in writing by the Authonty, prosecute for any contravention of, or offence agamst or default in complying with, any provision of this Act or any rule made or deemed to be made there under, if the contravention, offence or default is alleged to have been committed withm or to affect his area Pubhc Health Fund(Cap 242)

68 There shall be a fund to be known as public health and samtation fund AH funds obtained from pubhc health activities shall be retamed within the department for pnmary health. Care services and samtation activities within the County Rules and Regulations

69 The executive member withm the County shall have powers to make rules and Regulations for better performance of this Act