ADVOKS GLOBAL · KENYA
Prevention of Cruelty to Animals Act
26. Custody of animals pending proceedings
Edition: 2022-12-31 · In force
26. Custody of animals pending proceedings
(1)Whenever a person is charged with an offence under this Act or any regulation made thereunder in relation to an animal, a magistrate having jurisdiction in the area which the offence is alleged to have been committed may by order in writing authorize any person to seize that animal and to cause it to be removed to some place of custody, pending the hearing of the charge, if the magistrate is satisfied, from information given on oath, that such seizure and removal are necessary in order to prevent the animal being exposed to further damage, injury or unnecessary suffering.(2)Upon the conviction of any person of an offence committed in relation to an animal which has been seized and placed in custody under subsection (1) of this section, the court shall, in addition to any penalty that may be imposed, order the person convicted to pay such sum equal to the costs which the court finds to have been incurred in connection with the seizure and custody of that animal and the sum so ordered to be paid shall be recoverable as if it were a fine.(3)At the conclusion of proceedings in respect of an offence committed in relation to an animal which has been seized and placed in custody in terms of this section, the said animal may be delivered to the owner thereof or dealt with in such other manner as the court directs.