ADVOKS GLOBAL · KENYA
Prevention of Cruelty to Animals Act
25. Destruction of injured animals by authorized officer or police officer without consent of owner
Edition: 2022-12-31 · In force
25. Destruction of injured animals by authorized officer or police officer without consent of owner
(1)If an authorized officer or a police officer of or above the rank of Sub- Inspector finds an animal so diseased or so severely injured or in such a physical condition that in his opinion it ought to be destroyed, he shall, if the owner is absent or refuses to consent to the destruction of the animal at once summon a veterinary surgeon, if any veterinary surgeon is within reasonable distance, or two adult persons, and if such veterinary surgeon or adult persons, after having duly examined the animal, shall give a certificate that the animal is mortally injured or so severely injured or so diseased or in such physical condition that it is cruel to keep it alive, it shall be lawful for such officer, without the consent of the owner to destroy the animal, or cause or procure it to be destroyed, with such instruments or appliances and with such precautions and such manner as to inflict as little suffering as practicable, and if the destruction takes place on any public road, to remove the carcass or cause it to be removed therefrom.(2)Where any animal is destroyed in accordance with this section and the owner thereof is absent and cannot be found without unreasonable delay, it shall be lawful for such authorized officer or police officer to take such reasonable steps as are necessary to dispose of the carcass.(3)A veterinary surgeon summoned under this section certifies that any injured animal can without cruelty be removed, it shall be the duty of the person in charge of the animal to cause it forthwith to be removed with as little suffering as possible, and, if that person fails so to do, or if there is no person in charge of the animal, the authorized officer or the police officer may cause the animal forthwith to be so removed.(4)Any expenses which may be reasonably incurred by an authorized officer or a police officer in carrying out the provisions of this section may be recovered from the owner summarily as a civil debt.(5)It shall be a defence to any action or proceeding which may be brought against a person for or arising from the destruction of an animal by such person or with his authority that such animal was so severely injured, or so diseased or in such a physical condition that it would have been cruel to have kept it alive and that to summon an authorized officer or a police officer or veterinary surgeon would have occasioned unreasonable delay and unnecessary suffering to such animal.