Ferrying Animals in Overloaded Vehicles Can Lead to Prosecution

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Nyakundi Report

Newsroom 2 min read

Primary source Kenyan Digest archive

This archive report was first published on 8 September 2019.

Animal welfare is a critical concern in Kenya, where the transportation of domestic birds and animals is often done in inhumane conditions.

According to the Prevention of Cruelty to Animals Act (Cap.360) Revised Edition 2012 (1983), individuals who cruelly treat or transport animals can face prosecution and penalties.

On September 6, 2019, the Directorate of Criminal Investigations (DCI) warned that individuals who transport animals in overloaded vehicles risk facing legal action.

Section 3 (1) (a) of the Act states that a person shall be guilty of an offence of cruelty if they cruelly beat, kick, ill-treat, over-ride, over-drive, over-load, torture, infuriate, or terrify any animal.

The penalty for those found guilty is a fine not exceeding Ksh 3,000 or to a term of imprisonment not exceeding six months, or both.

Other similar offences under the Act include using an animal that is diseased, injured, or unfit for use, and subjecting an animal to veterinary surgery in contravention of the Veterinary Surgeons Act (Cap. 366).

Additionally, the Act prohibits the cruel slaughtering of animals, and anyone found guilty of this offence is liable to a fine not exceeding Ksh 2,000 or to a term of imprisonment not exceeding three months, or to both.

It is also an offence to hawk animals in a cruel manner, with a penalty of a fine not exceeding Ksh 500.

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