Professional Documents
Culture Documents
NO. 11 OF 2010
2010
Published by the National Council for Law Reporting
with the Authority of the Attorney-General
www.kenyalaw.org
No. 11 of 2010
Animal Technicians
NO. 11 OF 2010
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PART I – PRELIMINARY
1. Short title
This Act may be cited as the Animal Technicians Act, 2010.
2. Interpretation
(1) In this Act, unless the context otherwise requires—
"animal technician" means a person registered as such under section 17;
"Council" means the Animal Technicians Council established under section
4;
"Disciplinary Committee" means the Committee established under section
30;
"Minister" means the Minister for the time being responsible for matters
relating to livestock development;
"Principal Animal Technician" means an officer in the public service
designated as such;
"Registrar" means the Registrar of Animal Technicians as provided under
section 15; and
"veterinary surgeon" has the meaning assigned to the term in the
Veterinary Surgeons Act (Cap. 366).
3. Application
(1) Subject to the provisions of this Act, no person shall, unless he is registered
under this Act, practise or hold himself out whether directly or by implication, as
practising or being prepared to practise as an animal technician.
(2) Nothing in this Act shall be construed as derogating from the provisions
of the Veterinary Surgeons Act (Cap. 366) relating to the practice of veterinary
medicine and surgery.
PART II – ESTABLISHMENT, POWERS
AND FUNCTIONS OF THE COUNCIL
4. Establishment of the Council
(1) There is established a Council to be known as the Animal Technicians
Council.
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(2) The Council shall be a body corporate with perpetual succession and a
common seal, and shall, in its corporate name be capable of—
(a) suing and being sued;
(b) taking, purchasing or otherwise acquiring, holding charging or
disposing of movable and immovable property;
(c) borrowing money or making investments; and
(d) doing or performing all other acts or things for the proper performance
of its functions under this Act which may lawfully be done or performed
by a body corporate.
5. Functions of the Council
The functions of the Council shall be to—
(a) establish and improve standards of service for animal technicians;
(b) safeguard the interests of all animal technicians;
(c) prescribe in consultation with such training institutions as the Council
may approve, the syllabuses of instruction and courses of training for
persons seeking registration under this Act;
(d) consider and approve the qualification of animal technicians for the
purpose of registration under this Act;
(e) license and regulate the business and practice of animal technicians;
(f) regulate the professional conduct of persons registered or licensed
under this Act, and take such disciplinary measures as may be
necessary to maintain a proper standard of conduct among such
persons;
(g) direct and supervise the compilation and maintenance of register, and
records required to be kept under section 16;
(h) in collaboration with the Kenya Veterinary Board, perform such other
functions as may be necessary for the proper administration of this
Act.
6. Membership of the Council
(1) The Council shall consist of—
(a) a chairperson who shall be a registered animal technician appointed
by the Minister;
(b) the Director of Veterinary Service;
(c) the Registrar;
(d) the Principal Animal Technician or a person deputed by him in writing;
(e) nine other persons who are registered animal technicians and
actively engaged in animal production, elected by registered animal
technicians in such manner as may be prescribed, and appointed by
the Minister.
(2) The following persons appointed shall be by the Minister—
(a) one person from an approved training institution dealing with livestock
development;
(b) one person representing the Kenya Association of Livestock
Technician;
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(c) one person representing a society whose object is the protection and
care of animals.
(3) The Minister shall make rules for the election of members under subsection
(1)(e).
7. Conduct of business and affairs of the Council
The conduct and regulation of the business and affairs of the Council shall be
as provided in the Schedule.
8. Chief Executive Officer
(1) There shall be a Chief Executive Officer who shall be appointed by the
Council and whose terms and conditions of service shall be determined by the
Council in the instrument of appointment or otherwise in writing from time to time.
(2) The Chief Executive Officer shall be an ex officio member of the Council
and shall have no right to vote at any meeting of the Council.
(3) A person shall not be appointed as the Chief Executive Officer unless such
person—
(a) is registered or qualified to be registered as an animal technician
under this Act;
(b) has at least five years post-qualification working experience in a
managerial position;
(c) is a person of integrity.
(4) The Chief Executive Officer shall—
(a) be the secretary to the Council;
(b) subject to the directions of the Council be responsible for the day-to-
day management of the affairs and staff of the Council; and
(c) perform such other functions as the Council may, from time to time,
determine.
9. Delegation by the Council
Subject to this Act, the Council may, either generally or in a particular case,
delegate to any Committee of the Council or to any member, officer, employee or
agent of the Council, the exercise of any of the functions of the Council under this
Act.
10. Remuneration of the Council members
The Council shall pay to its members such remuneration, fees or allowances
for expenses as it may determine with the approval of the Minister.
11. Staff of the Council
The Council may appoint such officers, agents and other staff as are necessary
for the proper discharge of its functions under this Act, upon such terms and
conditions as the Council may determine.
12. Protection from personal liability
(1) No matter or thing done by any member of the Council or by officer,
employee, agent or servant thereof shall, if the act or omission was done bona fide
for the purposes of executing a function, power or duty under the Act, render such
member, officer, employee, agent or servant personally liable to any action, claim
or demand whatsoever.
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(2) The provisions of subsection (1) shall not relieve the Council of the liability
to pay compensation or damages to any person for any injury to him, his property
or any of his interests caused by the exercise of any power conferred by this Act
or by the failure, whether wholly or partially, or any works.
13. The common seal
(1) The common seal of the Council shall be kept in such custody as the Council
may direct and shall not be used except on the order of the Council.
(2) Affixing of the common seal of the Council shall be authenticated by the
signature of the Chairperson and the Chief Executive Officer and any document
not required by law to be made under seal and all decisions of the Council may be
authenticated by the signatures of the Chairperson and the Chief Executive Officer.
(3) Notwithstanding the provisions of subsection (2), the Council shall, in the
absence of either the Chairperson or the Chief Executive Officer in any particular
matter, nominate one member to authenticate the seal of the Council on behalf of
either the Chairperson or the Chief Executive Officer.
14. Contracts and instruments
The contract or instrument which, if entered into or executed by a person not
being a body corporate, would not require to be under seal, may be entered into or
executed on behalf of the Council by any person generally or specially authorized
by the Council for that purpose.
PART III – REGISTRATION AND LICENSING OF ANIMAL TECHNICIANS
15. The Registrar
The Council shall, with the approval of the Minister appoint a Registrar, who shall
be a registered animal technician and who shall perform such duties in connection
with the register as the Council may direct.
16. Register to be kept
(1) The Registrar shall keep or cause to be kept a register which shall contain—
(a) a list of the names and qualifications of all registered animal
technicians;
(b) a list of the names and qualifications of all persons issued with annual
private practice licences; and
(c) such other details as the Council may direct.
(2) The Registrar shall keep up to date or cause to be kept up to date the register
and records required to be kept under or for the purposes of this Act, subject to
any directions which may from time to time be issued to him by the Council.
(3) The Registrar shall not later than the 31st January in every year, cause to
be published in the Gazette, the names from the lists referred to in subsection (1),
and any person whose name does not appear in the Gazette shall be deemed not
to be registered under this Act.
17. Qualifications for registration as an animal technician
A person shall be eligible to be registered as an animal technician if such person
—
(a) is of good conduct;
(b) has paid the prescribed registration fees;
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to the address appearing in the register against his name immediately before such
removal.
(5) Where the name of any person has been removed from the register under
this Act, such name shall not be reinstated except by direction of the Council.
(6) A person whose name has been removed from the register shall cease to
be registered for the purpose of this Act from the date of such removal.
22. Correction of register
The Registrar shall from time to time make any necessary alteration or
correction in the register in relation to any entry therein.
23. Reinstatement of name in the register
Where the name of any person has been removed from the register, the Council
may, either of its own motion or on the application by the person concerned made in
the prescribed manner, and in either case after holding such inquiry as the Council
thinks fit, direct that—
(a) the removal of such person’s name from the register be confirmed; or
(b) the name of the person be restored in the register.
PART IV – PROVISIONS RELATING TO PRIVATE PRACTICE
24. Qualifications for private practice
(1) Subject to this Act, no person shall be qualified to engage in private practice
as an animal technician unless such person—
(a) is a Kenyan citizen;
(b) is registered under this Act;
(c) holds a valid licence issued under this Act;
(d) has served as an animal technician under supervision of a veterinary
surgeon, animal health practitioner or registered animal technician for
a period of not less than three years after being registered;
(e) holds such other qualification as the Council may prescribe.
(2) For the purposes of this Act, a person shall be deemed to engage in private
practice if he practises as an animal technician—
(a) on his own account and is to receive the entire amount of all fees and
charges earned for his own financial benefit; or
(b) in partnership with others and is entitled to receive a share of the
profits earned by such partnership for his own financial benefit and
is liable to bear a share of any losses incurred by such partnership,
but no person shall be deemed to engage in private practice while he
is employed—
(i) by the Government or any other public body;
(ii) by any state corporation as defined in the State Corporations
Act (Cap. 446); or
(iii) as an employee of any person or partnership engaged in his
profession where all fees and charges earned by him in his
professional capacity enure to the benefit of his employer.
notwithstanding that he is employed in his professional capacity
as an animal technician.
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(b) not take or use, or affix to or use in connection with his premises, any
title or description, in addition to that of an animal technician,
other than as indicated by the particulars relating to his qualifications entered
in the register.
PART V – DISCIPLINARY PROVISIONS
30. The Disciplinary Committee
(1) There shall be a committee to be known as the Disciplinary Committee.
(2) The Committee shall consist of the following members—
(a) a chairperson appointed by the Council who shall be a qualified animal
technician with at least ten years’ experience;
(b) the Attorney-General or his representative;
(c) the Registrar, who shall be the secretary;
(d) one person nominated by the Minister, who shall not be a member
of the Council;
(e) two animal technicians from private practice nominated by the
Council, who shall not be members of the Council.
31. Reference of matters to the Committee
(1) If the Council has reason to believe in respect of any registered person that
such person, either before or after he became registered—
(a) has been convicted of an offence punishable by imprisonment, the
commission of which in the opinion of the Council, has dishonoured
him in the public estimation;
(b) has been guilty of negligence or malpractice in respect of his
profession; or
(c) has been guilty of impropriety or misconduct, whether in respect of
his profession or not,
it may refer the matter to the Disciplinary Committee.
32. Inquiry by the Disciplinary Committee
(1) Upon inquiry held by the Disciplinary Committee, the person whose conduct
is being inquired into shall be afforded an opportunity to be heard in person.
(2) For the purpose of proceedings at any inquiry held by the Disciplinary
Committee, the Committee may administer oaths, and may subject to any
regulations made under this Act, enforce attendance of persons as witnesses and
the production of books and documents.
(3) The Disciplinary Committee shall, subject to any regulations made under
this Act, have power to regulate its own procedure.
33. Powers of the Disciplinary Committee
(1) Where, on recommendation of the Disciplinary Committee, the Council is
satisfied that an animal technician is in breach of any of the terms or conditions
prescribed by the Council under section 31, the Council may—
(a) issue the animal technician with a letter of admonishment;
(b) suspend the registration of the animal technician for a specified period
not exceeding twelve months;
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(c) withdraw or cancel the licence of the animal technician for such period
not exceeding five years as may be appropriate;
(d) impose a fine which the Council deems appropriate in the
circumstances; or
(e) remove the name of the animal technician from the register.
(2) The Council shall as soon as practically possible inform the animal
technician of the action to be taken against him.
(3) Any person whose name has been removed from the register or whose
licence has been suspended shall forthwith surrender to the Council his certificate
of registration or annual licence.
(4) Any person being a registered animal technician who refuses or fails to
surrender his certificate of registration or licence to the Council shall be guilty of
professional misconduct and shall be liable to a fine not exceeding twenty thousand
shillings.
(5) Any person aggrieved by the decision of the Council in the exercise of its
powers under this section may within sixty days from the date of the decision of
the Council, appeal to the High Court and in any such appeal, the High Court may
annul or vary the decision as it thinks fit.
34. Lifting of suspension
(1) Where an animal technician has been suspended from practising, he may
appeal to the Council for the lifting of the suspension at any time before the expiry
thereof.
(2) Where the Council is satisfied in respect of any animal technician that
he should have his suspension lifted, the Council shall, upon the receipt of
the prescribed fee, lift the suspension and restore to the animal technician, his
registration and annual license.
PART VI – FINANCIAL PROVISIONS
35. Funds of the Council
The funds of the Council shall comprise of—
(a) such monies as may accrue to or vest in the Council in the course of
the exercise of its powers or the performance of its functions under
this Act;
(b) all monies from any other source provided for or donated or lent to
the Council.
36. Financial year
The financial year of the Council shall be the period of twelve months ending
on the 30th June in each year.
37. Annual estimates
(1) Before the commencement of each financial year, the Council shall cause
to be prepared estimates of revenue and expenditure of the Council for that year.
(2) The annual estimates shall make provisions for all the estimated
expenditure of the Council for the financial year concerned and in particular shall
provide for—
(a) the payment of salaries, allowances and other changes in respect of
the staff of the Council;
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(i) the procedure for election of those members of the Council who are
required to be elected;
(j) the summoning of meetings of and the direction of the proceedings
of the Council;
(k) the powers and duties of local supervising authorities;
(l) the disposal of fees collected, the authorization of such
disbursements, as may be necessary and the management of any
funds within the control of the Council;
(m) the keeping and opening of new registers and records or parts thereof.
Schedule
PROVISIONS AS TO THE CONDUCT OF
BUSINESS AND AFFAIRS OF THE COUNCIL
[Section 7.]
1. Tenure of office
A member of the Council shall hold office for a period of three years and shall
be eligible for re-appointment for a further and final term of three years.
2. Disqualification of appointment
A person shall not be qualified for appointment as a member of the Council if—
(a) he is adjudged bankrupt; or
(b) his name has been removed from the register or his registration, or
licence has been suspended under section 33.
3. Vacation of office
An office of a member of the Council shall become vacant if the member—
(a) dies;
(b) becomes subject to any of the disqualifications referred to in
paragraph 2;
(c) resigns the office by writing under his hand delivered to the
chairperson of the Council;
(d) is absent without the permission of the chairperson from three or more
consecutive meetings of the Council;
(e) is convicted of an offence and sentenced to imprisonment for a term
of six months or more without the option of a fine;
(f) is found guilty of an offence under section 31 of the Act which in
the opinion of the Council renders him unsuitable to continue to hold
office;
(g) becomes for any reason including infirmity of body or mind,
incompetent or incapable of performing the functions of the office; or
(h) is otherwise unable to discharge his functions.
4. Filling of vacancy
A vacancy in the office of a member under paragraph 3 shall be filled, by a
person appointed by the Minister in accordance with the provisions of this Schedule
2.
5. Vice chairperson
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The Council shall, at its first meeting, elect a vice chairperson from amongst the
persons appointed under section 6(1)(e) of this Act.
6. Meetings of the Council
The Council shall meet at least four times in each year.
7. Special meetings
The Chairperson may at any time convene a special meeting of the Council and
shall do so within fifteen days of a written requisition for the meeting signed by at
least three members.
8. Chairperson to preside
(1) The Chairperson shall preside at all meetings of the Council, which he is
present and in the case of his absence, the Vice Chairperson shall preside.
(2) At a meeting of the Council at which neither the Chairperson or Vice
Chairperson is present, the members of the Council present shall elect one
of their number to preside, and the person so elected shall have all the
powers of the Chairperson with respect to that meeting and the business
transacted thereat.
9. Quorum
The quorum for the conduct of the business of the Council shall be nine
members.
10. Voting procedure
The decisions of the Council shall be by a majority of votes, and the Chairperson
of the meeting shall have an original and a casting vote.
11. Validity of proceedings
The validity of any proceedings of the Council shall not be affected by any
vacancy among the membership thereof, or by any defect in the appointment of
a member thereof.
12. Minutes
Minutes of the proceedings at meetings of the Council shall be kept in such a
manner as the Council directs, and, on the written request of the Minister, shall be
made available to him or any person nominated by him.
13. Committees of the Council
The Council may establish such committees as may be necessary for the
performance of the functions of the Council and may, subject to the provisions of
this Act, delegate powers conferred on it to any such committee.
14. Power of the Council to regulate own procedure
Subject to the provisions of this Schedule, the Council shall regulate its own
procedure.
15. Disclosure of interest
(1) If a member of the Council is directly or indirectly interested in any contract,
proposed contract or other matter before the Council and is present at a
meeting of the Council at which the contract, proposed contract or other
matter is the subject of consideration, he shall, at the meeting and as soon
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