ADVOKS GLOBAL · KENYA
Prevention of Cruelty to Animals Act
3. Acts and omissions which amount to cruelty and penalties therefor
Edition: 2022-12-31 · In force
3. Acts and omissions which amount to cruelty and penalties therefor
(1)A person shall be guilty of an offence of cruelty if he—(a)cruelly beats, kicks, ill-treats, over-rides, over-drives, over-loads, tortures, infuriates or terrifies any animal; or(b)uses an animal which is so diseased, injured or in such physical condition that it is unfit to be so used; or(c)conveys, carries, confines or impounds an animal in a manner or position as to cause that animal unnecessary suffering; or(d)without sufficient cause, starves, underfeeds or denies water to an animal; or(e)being the owner of an animal, without reasonable cause or excuse, abandons it, whether permanently or not, in circumstances likely to cause the animal unnecessary suffering; or(f)being the owner of an animal, keeps it in a grossly dirty or verminous condition or, without reasonable cause or excuse, fails to procure or administer veterinary treatment or attention for the animal in case of disease, injury or delivery of young; or(g)wilfully, without reasonable cause or excuse, administers any poisonous or injurious drug or substance to an animal or causes any such substance to be taken by an animal;(h)subjects an animal to veterinary surgery in contravention of the Veterinary Surgeons and Veterinary Para-professionals Act (Cap. 366); or(i)subjects an animal to any operation, surgical interference or other treatment which is performed without due care and humanity; or(j)being the owner of any animal, fails to have it destroyed where the animal is so seriously injured or diseased that to prolong its life would cause it unnecessary suffering; or(k)hunts, kills or destroys any animal in such a manner as to cause that animal more suffering than is necessary; or(l)being the owner of any animal, without reasonable cause or excuse, does or omits to do an act which causes unnecessary suffering to the animal.(2)Any person who causes or procures any animal to be used or treated in contravention of any of the provisions of subsection (1) of this section, shall be guilty of an offence of cruelty.(3)Any person guilty of an offence of cruelty shall be liable to a fine not exceeding three thousand shillings or to a term of imprisonment not exceeding six months, or to both.(4)Nothing in subsection (1) of this section shall render illegal—(a)the hunting and killing or destruction of any animal under the provisions of the Wildlife (Conservation and Management) Act (Cap. 376), the Rabies Act (Cap.365) or any other written law for the time being in force; or(b)subject to the provisions of section 7 of this Act, the coursing and hunting of captive animals;(c)subject to the provisions of section 8 of this Act, the slaughtering of any animal; or(d)subject to the provisions of section 9 of this Act, the training of any animal; or(e)the performance of an operation on an animal under the provisions of the Veterinary Surgeons and Veterinary Para-professionals Act (Cap. 366); or(f)subject to the provisions of Part III of this Act, the performance of any experiment on an animal,where the compliance with any provisions of that subsection would necessarily frustrate the object or purpose of the hunting and killing or destruction, coursing and hunting, slaughtering, training, or the performance of the operation or experiment.