The Public Health (Port, Airport and Frontier Health) Rules

Jurisdiction
Kenya
Citation
Legal Notice 54 of 1960
Primary work
Public Health Act
Date
31 December 2022
Language
English
Type
Legislation
Download
Download PDF (3.1 MB)
LAWS OF KENYA

PUBLIC HEALTH ACT

THE PUBLIC HEALTH (PORT, AIRPORT AND FRONTIER HEALTH) RULES

LEGAL NOTICE 54 OF 1960

  • Published in Kenya Gazette Vol. LXII—No. 6 on 26 January 1960
  • Commenced on 26 January 1960
  1. [Amended by Public Health (Port, Airport and Frontier Health) (Amendment) Rules, 1979 (Legal Notice 295 of 1979) on 26 October 1979]
  2. [Amended by 24th Annual Supplement (Legal Notice 221 of 2023) on 31 December 2022]

1. Citation

These Rules may be cited as the Public Health (Port, Airport and Frontier Health) Rules.

2. Interpretation

In these Rules, unless the context otherwise requires—"aircraft" means an aircraft making an international voyage;"airport" means an airport or aerodrome of entry or departure for international air traffic; and for the purposes of these Rules means the airports specified in the First Schedule;"arrival" means—(a)in the case of a seagoing vessel, arrival at a port;(b)in the case of an aircraft, arrival at an airport;(c)in the case of an inland navigation vessel, arrival either at a port or at a frontier;(d)in the case of a train or road vehicle, arrival at a frontier;"baggage" means the personal effects of a traveller or of a member of the crew;"crew" means the personnel of a ship or aircraft, train or road vehicle who are employed for duties on board;"Director" means the Director of Medical Services appointed under section 9 of the Act;"direct transit area" means a special area established in connexion with an airport, approved by the health officer and under his direct supervision, for accommodating direct transit traffic and for accommodating, in segregation, passengers and crews breaking their air voyage without leaving the airport;"frontier" means any inland border between Kenya and any adjoining territory;"health administration" means the Medical Department;"health officer" includes—(a)a port health officer; and(b)any medical practitioner appointed by or acting as such under the authority and instructions of the Director at any frontier post;"imported case" means a case introduced into Kenya;"infected local area" means—(a)a local area where there is a non-imported case of plague, cholera, yellow fever or smallpox; or(b)a local area where plague infection among rodents exists on land or on craft which are part of the equipment of a port; or(c)a local area where activity of yellow fever virus is found in vertebrates other than man; or(d)a local area where there is an epidemic of typhus or relapsing fever;"infected person" means a person who is suffering from a quarantinable disease, or who is believed to be infected with such a disease;"International Sanitary Regulations" means the International Sanitary Regulations adopted by the Fourth World Health Assembly in 1951 and amended by the Eighth and Ninth World Health Assemblies in 1955 and 1956 and any subsequent amendment or addition thereto accepted by Government;"international voyage" means—(a)in the case of a ship or aircraft, a voyage between ports or airports in the territories of more than on state, or a voyage between ports or airports in the territory or territories of the same state if the ship or aircraft has relations with the territory of any other state on its voyage but only as regards those relations;(b)in the case of a person, a voyage involving entry into the territory of a state other than the territory of the state in which that person commences his voyage;"isolation", when applied to a person or group of persons, means the separation of that person or group of persons from other persons, except the health staff on duty, in such a manner as to prevent the spread of infection;"local area" means—(a)the smallest area within a territory, which may be a port or an airport, having a definite boundary and possessing a health organization which is able to apply the appropriate sanitary measures permitted or prescribed by these Rules; the situation of such an area within a larger area which also possessed such a health organization shall not preclude the smaller area from being a local area for the purposes of these Rules; or(b)an airport in connexion with which a direct transit area has been established;"medical examination" includes visits to and inspection of a ship, an aircraft, a train or a road vehicle, and the preliminary examination of persons on board, but does not include the periodical inspection of a ship to ascertain the need for deratting; and for the purposes of this definition "preliminary examination" may include the physical examination of any person;"officer in command" means—(a)in respect of an aircraft, the captain or officer for the time being in charge of the aircraft;(b)in respect of a ship, the master or other officer in command, other than a pilot of the ship;"port" means a seaport or an inland navigation port which is normally frequented by ships;"quarantinable diseases" means plague, cholera, yellow fever, smallpox, typhus and relapsing fever;"relapsing fever" means louse-borne relapsing fever;"ship" means a seagoing or an inland navigation vessel making an international voyage;"suspect" means a person who is considered by the health officer as having been exposed to infection from a quarantinable disease and is considered capable of spreading that disease;"typhus" means louse-borne typhus;"valid certificate", when applied to vaccination, means a certificate conforming with these Rules and in any of the forms set out in the Third, Fourth and Fifth Schedules;"vehicle" means a vehicle as defined in the Traffic Act (Cap. 403);"yellow fever receptive area" means an area in which the virus of yellow fever does not exist but where the presence of Aëdes aegypti or any other domiciliary or peri-domiciliary vector of yellow fever would permit its development if introduced.

3. Duties of health officer

(1)Every health officer shall be responsible—(a)for the medical examination, if he considers it necessary, of any ship, aircraft, vehicle or train at any port, airport or frontier of Kenya;(b)for the taking of such health measures or precautions as he may consider necessary in connexion with those ships, aircraft, vehicles or trains;(c)for the sanitary and health supervision of all ships, aircraft, vehicles or trains at a port, airport or frontier post;(d)for the proper inspection, carrying out and enforcement on ships, aircraft, vehicles or trains, at a port, airport or frontier, of all measures for the destruction of rodents and for preventing the migration or multiplication of those rodents;(e)for ensuring the prompt detection and investigation of any sickness or mortality among rodents possibly due to plague;(f)for the proper carrying out and enforcement of the provisions of the Act and all rules made thereunder including these Rules.
(2)In the performance of his duties under these Rules, the health officer may authorize such other person to perform such part of his duties on his behalf as he may specify.

4. Duties of agents

Agents of ships shall, as early as possible, give notice in writing to the health officer of the port of the expected arrival of every ship in the form shown in the Seventh Schedule.

5. Procedure for grant of pratique

Pratique may be granted by radio to any ship or aircraft in respect of which the health officer for the intended port or airport of arrival is of the opinion, on the basis of information received from it before its arrival, that its arrival will not result in the introduction or spread of a quarantinable disease.

6. Additional sanitary measures may be taken

A health officer may apply such sanitary measures to the ship, aircraft, vehicle or train on arrival as, in his opinion, are necessary, depending on the conditions which exist on board the ship, aircraft, vehicle or train during the voyage or at the time of the medical examination.

7. Removal of infected persons

A health officer may order the removal and isolation of any infected person from any aircraft, ship, vehicle or train on its arrival.

8. Suspect may be placed under surveillance

(1)A health officer shall have power to place under surveillance any infected person or suspect on an international voyage arriving by whatever means in Kenya from an infected local area, and a health officer shall have power to require that person to report to him, if necessary, at specified intervals during the period of surveillance.
(2)In addition, a health officer shall have power to subject such person to medical examination and to make such inquiries as he may consider necessary for ascertaining his state of health.
(3)When a person under surveillance departs for another place within or outside Kenya, he shall inform the health officer, who shall immediately notify the health officer, medical officer of health or health administration of the place to which the person is proceeding.

9. Steps to be taken when ship or aircraft refuses to submit to measures required by a health officer

(1)Subject to paragraph (2), any ship or aircraft which is unwilling to submit to measures required by a health officer shall be allowed to depart forthwith but shall not during its voyage be permitted to call at any other port or airport in Kenya:Provided that such ship or aircraft may be permitted to take on fuel, water and stores in quarantine.
(2)A ship or aircraft arriving at a port or airport situated in a yellow fever receptive area shall not be allowed to depart and shall be subject to all health measures prescribed by a health officer, if—(a)the aircraft is infected with yellow fever;(b)the ship is infected with yellow fever, and Aëdes aegypti have been found on board and medical examination shows that any infected person has not been isolated in good time.

10. Aircraft lands elsewhere than airport

(1)If, for reasons beyond the control of the officer in command, an aircraft lands elsewhere than at an airport, the officer in command shall make every effort to communicate with the nearest medical officer of health or any other public authority forthwith.
(2)As soon as a medical officer of health has been informed of the landing of an aircraft in circumstances described above, he shall take such action as he considers proper, and shall immediately communicate with the health administration.
(3)No person on board the aircraft shall leave its vicinity except for the purpose of communicating with any such health officer or public authority, or with the permission of such officer, and no cargo shall be removed from the vicinity of the aircraft.
(4)After any sanitary measures required by the medical officer of health and health administration have been completed, the aircraft may proceed to the airport at which it was due to land.
(5)The officer in command may take such emergency measures as may be necessary for the health and safety of his passengers and crew.

11. Flag "Q"

The officer in command of every ship anchoring off or arriving at any port in Kenya shall immediately hoist the flag known as flag "Q" unless pratique has been granted by radio as hereinbefore provided and the said flag shall be kept flying until pratique has been granted.

12. Restricted pratique

(1)Where restricted pratique has been granted to any ship under section 62 of the Act, the health officer shall specify in writing to the officer in command thereof the conditions and restrictions imposed, and the officer in command shall cause a copy thereof to be posted in a conspicuous place on the vessel.
(2)Failure or refusal by the officer in command to observe or comply with any such conditions or restrictions shall constitute an offence, and, in addition, the health officer for the port may place the vessel in quarantine should he consider that course necessary in the interests of public health.

13. Information and assistance

It shall be the duty of the officer in command of any ship or aircraft and of all other officers and persons on board any ship or aircraft to give all such assistance and information to the health officer as may be required by him in carrying out his duties under these Rules.

14. List of passengers, crew and cargo

A health officer may require the officer in command of any ship or aircraft having or suspected of having on board the infection of any infectious disease to furnish in respect of such vessel or aircraft—(a)a list of all passengers showing full particulars in respect of each passenger;(b)a list of crew giving full particulars of each member;(c)a list of all cargo and a full description thereof.

15. Control of sewage

A health officer may take all practicable measures to control the discharge from any ship of sewage and refuse which might contaminate the waters of a port, river or canal.

16. Aircraft to land at scheduled airport

No aircraft arriving in Kenya from beyond the borders of Kenya shall make its first landing in Kenya at any place other than one of the scheduled airports set out in the First Schedule:Provided that this Rule shall not apply to an aircraft commencing its voyage at any airport in Uganda or Tanzania.

17. Access to the public

A health officer shall have power to prohibit any member of the crew of or any passenger upon any ship, aircraft, vehicle or train arriving in Kenya from having access to the public or from leaving the port, airport or frontier until authorized to do so by the health officer.

18. Handling of food

(1)A health officer shall have power to medically examine any person whose duties include the handling of food or drink for human consumption either on a ship or aircraft or within a port or airport, and he may carry out such clinical, bacteriological or proto-zoological examination of such person as he may consider necessary, and may prohibit such person from carrying out the duties referred to above or any part thereof pending the result of such examination.
(2)If, as a result of such examination, or from any other evidence, a health officer is satisfied that such person is a carrier of infectious disease, he may, by written notice to the officer in command of the ship or aircraft and to the manager of the port or airport and to such person, prohibit the employment of such person for any specific period of time in a place where food or drink is handled.

19. Medical examination before departure

(1)A health officer shall have power to carry out a medical examination, when he considers it necessary, of any person before his departure from Kenya on an international voyage, and, subject to section 60 of the Act, any person who refuses to submit to such medical examination shall be guilty of an offence.
(2)A health officer shall take all practicable measures—(a)to prevent the departure of any infected person or suspect from Kenya, and he may prohibit the embarkation or order the removal of such infected person or suspect from any ship or aircraft;(b)to prevent the introduction on board a ship, aircraft, train or vehicle of possible agents of infection or vectors of a quarantinable disease.
(3)Notwithstanding the provisions of subparagraph (a) of paragraph (2), a person on an international voyage who is placed under surveillance on his arrival in Kenya may be allowed to continue his voyage, and, if he does so by air, the health officer shall record the fact on the general declaration relating to the aircraft.
(4)A health officer shall have power to prohibit the departure of any person from Kenya by any means who has not complied with the health regulations of the country to which he is travelling, provided such health regulations are not in excess of the requirements of the International Sanitary Regulations.

20. Sanitary measures in respect of luggage and animals

(1)A health office shall have power to submit to sanitary measures all goods or baggage, including a passenger’s personal effects, if he has reason to believe that they may have become contaminated by the infection of a quarantinable disease or may serve as a vehicle for the spread of the disease.
(2)A health officer shall have power to submit to sanitary measures all live animals entering or leaving Kenya.
(3)All baggage belonging to an infected person or suspect may be disinfected and disinsected on the instructions of a health officer, and a health officer shall have power to disinfect or disinsect the baggage of any other person where he has reason to believe that that person may be carrying infected material or insect vectors of a quarantinable disease.

21. Sanitary measures in respect of postal parcels

A health officer shall have power to subject to sanitary measures all postal parcels if—(a)they contain any fish, shell fish, fruit or vegetables to be consumed uncooked, or beverages, which are not contained in sealed containers and which the health officer has reason to believe come from a cholera-infected area; or(b)they contain linen, wearing apparel or bedding which has been used or soiled.

22. Quarantine

Where the infection of plague, cholera, yellow fever, smallpox, typhus or relapsing fever exists, or is suspected to exist, in any person animal or thing on board any ship, aircraft, vehicle or train, the health officer may—(a)notify the officer in command of the ship or aircraft, or the person in charge of the vehicle or train, that he intends to place the ship, aircraft, vehicle or train in quarantine; or(b)require the officer in command to remove the ship or aircraft in quarantine to another port or airport:Provided that no officer, other than the health officer, shall require the removal of a ship or aircraft, without the previous approval of the Director.

23. Flag "L" and warning lights

(1)Unless the officer in command of a ship elects to leave the port in terms of section 66 of the Act, the health officer shall then place the ship in quarantine and, in co-operation with the port manager, shall fix the mooring place of the ship.
(2)The officer in command of every ship in quarantine shall cause the quarantine flag, namely that known as flag "L" being a large flag of yellow and black, borne quarterly, to be flown between sunrise and sunset in the most conspicuous position on his ship.
(3)During the hours between sunset and sunrise, a night signal shall be shown, consisting of three lights, arranged at a distance of not less than six feet apart, in the form of an equilateral triangle, of which the light at the apex of the triangle shall be white, and the other lights, at the end of the base, shall be red in colour; the said night signal shall be shown in the most conspicuous place on, and at a height of not less than 20 feet above, the hull of the ship.

24. Communication with quarantined ship or aircraft

Except in the event of danger, no officer in command, or person in charge, of a ship, aircraft, vehicle or train in quarantine shall allow any person on board to leave such ship, aircraft, vehicle or train, or to send any article or thing out of the ship, aircraft, vehicle or train, or to communicate with any other ship, aircraft, vehicle or train except with permission of the health officer or other person duly authorized by him.

25. Quarantine of prohibited immigrant

(1)Whenever a health officer lands in quarantine any person who has not been granted authority to enter Kenya after examination by an immigration officer, he shall immediately inform the immigration officer of the name of that person, the name of the ship or aircraft by which the person arrived and the name of the port or airport at which he arrived, together with the place at which the person is being detained.
(2)A health officer shall give such immigration officer and the officer in command and agents of such ship or aircraft due notice, in advance, of the release of such person from quarantine, and, upon being so released, such person shall revert to the custody of the officer in command and agents of such ship or aircraft and shall be subject to the order of the immigration officer.
(3)All expenses incurred in connexion with the detention and maintenance, including expenses of escort and identification of such person until permitted to enter Kenya, and for his repatriation in the event of his being declared a prohibited immigrant, shall be payable by the officer in command or owners of such ship or aircraft.
(4)Nothing in these Rules shall be construed as relieving the officer in command or owners of any ship or aircraft of any liability imposed on them under the immigration laws in force for the time being in Kenya.
(5)The expenses referred to in paragraph (3) shall be a civil debt and recoverable summarily.

26. Places of isolation

(1)The boundaries of every place of isolation which may be established under these Rules shall be demarcated by a fence or otherwise.
(2)Any person leaving or attempting to leave such place without due authority shall be guilty of an offence.
(3)Any person escaping or attempting to escape from any ship or aircraft in quarantine or from any place of isolation shall be guilty of an offence, and may be arrested and taken back thereto by any guard or any member of the police.

27. Orders or instructions by health officer

(1)A health office may, in respect of any ship, aircraft, vehicle or train in quarantine or any place of isolation, give such orders or instructions as he may deem necessary for safeguarding the health of persons so isolated, or the public health.
(2)Any person failing or refusing to comply with any lawful order or instructions so given shall be guilty of an offence.

28. Instructions to officers in command

The officer in command of any ship or aircraft, or the person in charge of any vehicle or train in quarantine, or having on board any infected person, or suspect, or any person suffering, or suspected to be suffering, from any infectious disease, shall carry out the orders of the health officer in regard to the isolation of such person, disinfection or otherwise.

29. Isolation of infected persons, etc.

(1)All infected persons or suspects, animals, baggage or other articles of any description shall, wherever possible, be removed from a ship or aircraft and isolated on land and the infection eradicated with all possible speed.
(2)No ship or aircraft, vehicle or train shall be detained in quarantine after the removal therefrom of all infected persons and the eradication of infection on board.

30. Plague

The following provisions shall apply to plague—(a)for the purposes of these Rules the incubation period of plague shall be six days;(b)it shall be the duty of the officer in command of a ship or aircraft, in a port or airport, infected by plague to take all necessary steps to prevent the introduction of rodents on board such ship or aircraft;(c)it shall be the duty of the officer in command of every ship to ensure that the ship shall be—(i)periodically deratted; or(ii)permanently kept in such condition that the number of rodents on board is negligible;(d)a health officer shall have power to issue a deratting certificate or deratting exemption certificate in the form set out in the Second Schedule; the certificate shall be valid for a period of six months but this period may be extended by the health officer in writing;(e)if the officer in command fails to produce a valid certificate of the type mentioned in paragraph (d), a health officer shall have power to make inquiries and to inspect the ship and, if necessary, shall have power to proceed in the following manner—(i)he may derat the ship or cause deratting to be done under his direction and control; it shall be a matter for the discretion of the health officer as to which technique shall be employed to secure the extermination of rodents on the ship; when deratting has been satisfactorily completed the health officer shall issue a deratting certificate;(ii)a health officer shall have power to issue a deratting exemption certificate if he is satisfied that the number of rodents on board is negligible; the certificate shall be issued only if the inspection of the ship has been carried out when the holds are emptied or when they contain only ballast or other material unattractive to rodents and which does not prevent a thorough inspection of the holds; a deratting exemption certificate may be issued for an oil tanker with full holds;(f)if a health officer is of the opinion that the conditions under which a deratting was carried out were such that a satisfactory result could not be obtained, he shall make a note to that effect on the existing deratting certificate;(g)if a health officer has reason to suspect the presence of rats on board an aircraft, he shall have power to order that the aircraft be deratted;(h)before departure on an international voyage from a local area where there is an epidemic of pulmonary plague, a health officer shall have power to place in isolation, for a period of six days, every person suspected of having been infected by the plague;(i)for the purpose of this Rule, a ship or aircraft on arrival shall be regarded as infected if—(i)it has a case of human plague on board; or(ii)a plague-infected rodent is found on board;(iii)in the case of a ship, a case of human plague has occurred on board more than six days after embarkation;(j)for the purposes of this rule, a ship, on arrival, shall be regarded as suspect if—(i)it has no case of human plague on board but such a case has occurred on board within the first six days after embarkation;(ii)there is evidence of an abnormal mortality among rodents on board, of which the cause is not yet known;(k)a health officer shall have power to carry out a medical examination of a ship or aircraft coming from an infected local area, and, if he is satisfied that the conditions specified in paragraphs (i) and (j) do not exist, such ship or aircraft shall be regarded as healthy;(l)on the arrival of an infected or suspected ship or an infected aircraft, a health officer shall have power—(i)to disinfect any suspect or order that he be kept under surveillance for a period of not more than six days from the date of arrival;(ii)to disinfect and if necessary disinfect—(a)any baggage of any infected person or suspect; and(b)any other article such as used bedding or linen and any part of the ship or aircraft which he considers to be contaminated;(m)if there is rodent plague on board the ship, the health officer shall order it to be deratted, if necessary in quarantine:Provided that the deratting shall be carried out in such manner and at such time as to cause least inconvenience in the unloading of a ship;(n)if a rodent which has died of plague is found on board an aircraft, the health officer shall order that the aircraft be deratted, if necessary, in quarantine;(o)on arrival, it shall be the duty of a health officer to give free pratique to a healthy ship or aircraft;Provided that if it has come from an infected local area the health officer shall have power—(i)to place under surveillance any suspect who disembarks, for a period of not more than six days, reckoned from the date on which the ship or aircraft left the infected local area;(ii)to order the destruction of rodents on board the ship or aircraft;(p)if on arrival of a train or vehicle at a frontier a case of human plague is discovered, the measures provided by this Rule may be applied by the health officer, and he shall have power to disinsect and, if necessary, disinfect any part of the train or vehicle which he considers has been contaminated.

31. Cholera

The following provisions shall apply to cholera—(a)for the purposes of these Rules, the incubation period of cholera shall be five days;(b)a health officer shall have power to apply the following measures to a person on an international voyage who has come from an infected local area within the incubation period—(i)if such person is in possession of a valid certificate of vaccination against cholera, the health officer may order that he be placed under surveillance for a period of not more than five days reckoned from the date of his departure from the infected local area;(ii)if he is not in possession of such a certificate, the health officer may order that he be placed in isolation for a like period;(c)a ship shall be regarded as infected for the purposes of this rule if, on arrival, it has a case of cholera on board, or if a case of cholera has occurred during a period of five days before arrival;(d)a ship shall be regarded as suspected for the purposes of this rule if a case of cholera has occurred on board during the voyage, but no fresh case has occurred during a period of five days before arrival;(e)an aircraft shall be regarded as infected for the purposes of this rule if, on arrival, it has a case of cholera on board and shall be regarded as suspected if a case of cholera has occurred on board during the voyage but has previously been disembarked before arrival in Kenya;(f)even if a ship or aircraft has come from an infected local area or has on board a person coming from such area, such ship or aircraft shall be regarded as healthy on arrival if, on medical examination, the health officer is satisfied the no case of cholera has occurred on board during the voyage;(g)the health officer shall have power, on the arrival of an infected or suspected ship or aircraft—(i)to place under surveillance for a period of not more than five days, reckoned from the date of disembarkation, any passenger or member of the crew in possession of a valid certificate of vaccination against cholera and isolate all others who disembark for a like period;(ii)to disinfect any baggage of any infected person suspect and any other article such as used bedding or linen and any part of the ship or aircraft which he considers has been contaminated;(iii)to disinfect and remove any water carried on board which he considers to be contaminated and to disinfect the containers;(h)a health officer shall have power to prohibit the discharge or unloading of any waste water, waste matter, human excreta or other matter which is considered to be contaminated without previous disinfection, and the health officer shall have power to arrange for their safe disposal;(i)in addition to the other measures provided by this Rule a health officer shall have power to place under surveillance for a period of not more than five days from the date of the arrival any passenger or member of the crew who disembarks from a ship or aircraft;(j)if, on the arrival of a train or vehicle at a frontier, a case of cholera is discovered, a health officer shall have power—(i)without prejudice to the measures provided for in paragraph (b), to place under surveillance any suspect for a period of not more than five days from the date of arrival;(ii)to disinfect the baggage of the infected person and if necessary that of any suspect, and any other article such as used bedding or linen and any part of any train or vehicle which he considers has been contaminated;(k)on the arrival of an infected or suspected ship or aircraft or of a train or vehicle on which a case of cholera has been discovered, or of any ship or aircraft, train or vehicle coming from an infected local area, a health officer may prohibit the unloading of, or may remove, any fish, shell-fish, fruit or vegetables intended to be consumed uncooked, or beverages, unless such food or beverages are in sealed containers and the health officer has no reason to believe that they are contaminated; it shall be the duty of the health officer to make arrangements for the safe disposal of any such food or beverages removed under this rule;(l)if such food or beverages forms part of the cargo in the hold of a ship or the freight compartment of an aircraft, the health officer alone shall have power to remove it:Provided that the officer in command of an aircraft shall have the right to require the removal of any such food or beverages in the aircraft;(m)a health officer shall have power to require any person on an international voyage who has come from an infected local area within the incubation period of cholera and who has symptoms indicative of cholera to submit to stool examination.

32. Yellow fever

The following provisions shall apply to yellow fever—(a)for the purposes of these Rules, the incubation period of yellow fever shall be six days;(b)a health officer shall have power to prohibit the departure of any person on an international voyage from an infected local area to a yellow fever receptive area unless such a person is in possession of a valid certificate of vaccination against yellow fever:Provided that, if such person is in possession of such a certificate which is not yet valid, the health officer may permit him to depart but, on arrival at a yellow fever receptive area, such person may be isolated until his certificate becomes valid or until the incubation period of the disease has expired;(c)(i)every person employed at an airport situated in an infected local area, and every member of the crew of an aircraft using such airport, shall be in possession of a valid certificate of vaccination against yellow fever;(ii)a health officer shall have power to disinsect every aircraft leaving an airport situated in an infected local area and bound for a yellow fever receptive area;(iii)a health officer shall have power to disinsect every ship or aircraft leaving a port or airport where Aëdes aegypti still exists and bound for a port where Aëdes aegypti have been eradicated;(d)a health officer shall have power to prohibit the departure of any person who has come from an infected local area and is unable to produce a valid certificate of vaccination against yellow fever and who is due to proceed on an international voyage to an airport in a yellow fever receptive area at which means for securing isolation is not available;(e)(i)a ship shall be regarded as infected if, on arrival, it has a case of yellow fever on board or if a case has occurred on board during the voyage, and a ship shall be regarded as suspected if it has left an infected local area less than six days before arrival or if arriving within 30 days of leaving such a port the health officer finds Aëdes aegypti on board;(ii)all other ships shall be regarded as healthy for the purposes of this rule;(iii)an aircraft shall be regarded as infected if on arrival it has a case of yellow fever on board, and an aircraft shall be regarded as suspected if the health officer is not satisfied with a disinsecting carried out on the aircraft and finds live mosquitoes on board;(iv)all other aircraft shall be regarded as healthy for the purpose of this rule;(f)on arrival of an infected or suspected ship or aircraft, a health officer shall have power—(i)in yellow fever receptive areas to isolate any passenger or member of the crew who disembarks and is not in possession of a valid certificate of vaccination against yellow fever;(ii)to inspect the ship or aircraft and destroy any Aëdes aegypti found on board;(iii)to order that a ship in a yellow fever receptive area be required to keep at least 400 metres from land until such measures have been carried out, and when the measures required by the health officer have been effectively carried out a ship or aircraft shall cease to be regarded as infected or suspected and shall be given free pratique;(g)on the arrival of a healthy ship or aircraft from an infected local area the measures provided for in subparagraphs (ii) and (iii) of paragraph (f) may be applied by the health officer, who shall thereupon give free pratique to the ship or aircraft;(h)the health administration shall have power to prohibit the landing of any aircraft in a yellow fever receptive area coming from an infected local area elsewhere than at airports specified by the health administration for that purpose;(i)on the arrival of a ship, aircraft, train or vehicle in a yellow fever receptive area a health officer shall have power—(i)to isolate any person coming from an infected local area who is notable to produce a valid certificate of vaccination against yellow fever until his certificate becomes valid or until the expiry of a period of not more than six days reckoned from the date of his last possible exposure to infection, whichever occurs first;(ii)to disinfect the ship, aircraft, train or vehicle if it has come from an infected local area;(j)in a yellow fever receptive area it shall be the duty of the health administration to provide mosquito-proof accommodation for the purposes of isolating persons under this rule.

33. Smallpox

The following provisions shall apply to smallpox—(a)for the purposes of these Rules, the incubation period of smallpox shall be fourteen days;(b)a health officer shall have power to prohibit the disembarkation of any person on an international voyage who does not possess, on arrival, a valid certificate of vaccination against smallpox:Provided that a person who cannot produce the certificate may be vaccinated by the health officer, and if that person refuses to be vaccinated the health officer shall have power to place such person under surveillance or in isolation for not more than fourteen days reckoned from the date of his departure from the last territory visited before arrival;(c)in the case of a person on an international voyage who, during the period of fourteen days before his arrival, has visited an infected local area and, in the opinion of a health officer, is not sufficiently protected by vaccination or by a previous attack of smallpox, a health officer shall have power—(i)to require that that person be vaccinated; or(ii)to place that person under surveillance; or(iii)to order that person to be vaccinated and then placed under surveillance;(iv)in the event of the person refusing to be vaccinated to order that he or she be isolated:Provided that the period of surveillance or isolation shall not be more than fourteen days reckoned from the date of his departure from an infected local area;(d)for the purposes of paragraph (b), a valid certificate of vaccination against smallpox shall be considered as evidence of sufficient protection;(e)a ship or aircraft shall be regarded as infected for the purposes of this rule if, on arrival, it has a case of smallpox on board or if such a case has occurred on board during the voyage;(f)any other ship or aircraft shall be regarded for the purposes of this rule as healthy even although there may be suspects on board; but, in the event of any suspect disembarking, he shall be subject to the measures provided for in paragraph (g);(g)on the arrival of an infected ship or aircraft, a health officer shall have power—(i)to offer vaccination to any person on board who in his opinion is not sufficiently protected against smallpox;(ii)to isolate or place under surveillance any person disembarking for a period of not more than fourteen days reckoned from the date of last exposure to infection:Provided that the health officer shall take into account the previous vaccinations of the person and the possibility of his having been exposed to infection in determining the period of the isolation or surveillance;(iii)to disinfect—(i)any baggage of any infected person; and(ii)any baggage or article such as used bedding or linen in any part of the ship or aircraft which is considered by the health officer to be contaminated;(h)for the purposes of this Rule, a ship or aircraft shall continue to be regarded as infected until every infected person has been removed and until the measures required by the health officer under this rule have been effectively carried out, and thereafter the ship or aircraft shall be given free pratique;(i)a healthy ship or aircraft shall on arrival be given free pratique even when it has come from an infected local area;(j)if a case of smallpox is discovered on the arrival of train or road vehicle, a health officer shall have power to remove the infected person and place him under surveillance or isolation with or without vaccination as may be necessary, any period of surveillance or isolation being reckoned from the date of arrival, and a health officer shall have power to disinfect any part of the train or vehicle which he considers to be contaminated.

34. Typhus

The following provisions shall apply to typhus—(a)for the purposes of these Rules, the incubation period of typhus shall be fourteen days;(b)if a health officer or medical officer of health considers that a person departing from an infected local area on an international voyage is liable to spread typhus, he shall have power to order that such person may be disinsected and also that the clothes which such person is wearing, baggage and anything likely to spread typhus shall also be disinsected and if necessary disinfected;(c)a health officer shall have power, if he considers it necessary to disinsect and put under surveillance for a period of not more than fourteen days, reckoned from the date of disinsecting, any person on an international voyage who has left an infected local area within the previous fourteen days; a health officer shall also have power to disinsect and, if necessary disinfect the clothes which such person is wearing, his baggage and any other article likely to spread typhus;(d)on arrival, a ship or an aircraft shall be regarded as healthy even if it has an infected person on board:Provided that a health officer shall have power—(i)to order than an infected person may be removed and isolated;(ii)to disinsect any suspect;(iii)to disinsect the accommodation occupied by the infected person and by any suspect, together with the clothes they are wearing, their baggage and any other article likely to spread typhus, and such articles may also be disinfected if necessary;(e)if a case of typhus is discovered on the arrival of a train or vehicle, a health officer shall have power to apply any of the measures prescribed by this rule for a ship or aircraft.

35. Relapsing fever

The following provisions shall apply to relapsing fever—(a)for the purposes of this Rule, the incubation period of relapsing fever shall be eight days;(b)the provisions of rule 34 with regard to typhus shall apply to relapsing fever:Provided that, if a person is placed under surveillance, the period of the surveillance shall not be more than eight days reckoned from the date of disinfection.

36. Used clothing

(1)Every consignment (excluding the personal effects of travellers) of bedding, blankets, body linen or other articles of clothing which have been used, or any rags, flocks made of rags, used sacks, carpets or any similar article which has been in use, and which is landed at any port or airport in Kenya shall be declared as such to the customs authorities at the port or airport and a certified statement submitted showing the place of origin and precise composition of the consignment.
(2)Every consignment or part thereof intended for sale or disposal in Kenya shall be accompanied by a sufficient certificate, furnished by the recognized public authority at the port of shipment or place of origin of the consignment, to the effect that the articles mentioned therein are clean and have been efficiently disinfected to the satisfaction of that authority.
(3)Such certificate shall in addition state in detail the method of disinfection and the apparatus used, and be accompanied by a certificate or other satisfactory evidence that the consignment has not been opened, nor interfered with, since the issue of the certificate.
(4)Every consignment, whether accompanied by a certificate or not, shall be detained by the customs pending its inspection or examination by a health officer or by any person authorized by him to do so on his behalf.
(5)For the purposes of this rule, "efficiently disinfected" means disinfected to the satisfaction of a health officer.
(6)Failing the production of satisfactory certificates as provided for in paragraph (2) of this Rule, or if, despite the production of such certificates, the articles are found to be dirty or unclean, the whole of such consignment shall be disinfected at the port of entry to the satisfaction of a health officer at the sole expense, risk and delay of the consignee.
(7)If in the opinion of a health officer a consignment, or any part thereof, cannot be satisfactorily disinfected, he may destroy or order the destruction of the whole or any part of the consignment:Provided that—(i)if the goods to be destroyed exceed one thousand shillings in value the previous consent in writing of the Director must be obtained;(ii)where the goods to be destroyed exceed one thousand shillings in value such destruction shall not be carried out if the owner or consignee re-exports the said goods within a period of four weeks of the destruction order.
(8)In the case of a consignment intended for places outside Kenya, if unaccompanied by a certificate in terms of paragraph (2), the consignment may be landed under such guarantees as the Commissioner of Customs and Excise may require, provided such consignment will be conveyed to its destination outside Kenya without being opened, unpacked or disposed of within Kenya:Provided that the government of any East African Territory may request the Government to apply the provisions of this Rule to all articles consigned to places within its territory, in which event the same requirements shall be enforced in respect of all such articles as if they had been consigned to a place within Kenya.
(9)The recognized authority for granting the certificate of disinfection mentioned in paragraph (2) shall be—(a)the port health or sanitary authority of any British port at which a consignment was shipped; or(b)the local health or sanitary authority for any area in the United Kingdom or British colony at which the goods have been packed; or(c)the port health or sanitary authority of the municipality or other local health authority at any foreign port, or at any place abroad at which the goods have been packed.
(10)All expenses in respect of any disinfection carried out by the health administration under these Rules shall be paid by the owner or consignee or his agent, who shall also be responsible for the cost of any transport, unpacking or repacking which may be necessary.

37. Disinfection and destruction of articles

A health officer shall have power—(a)to cause to be disinfected any article or thing on board or landed from any ship or aircraft which is infected or suspected to be infected;(b)to prohibit the landing from any ship or aircraft of any infected article or thing until it has been disinfected to his satisfaction:Provided that any article or thing may be landed for the purpose of disinfection with the written permission of a health officer and subject to such conditions and restrictions as he may specify;(c)to order the destruction of any article or thing which in the opinion of the health officer cannot be satisfactorily disinfected, either by or at the expense of the officer in command or agent of the ship or aircraft:Provided that—(i)if the value of such article or thing exceeds one thousand shillings the previous consent of the Director must be obtained;(ii)mail (excluding parcels conveyed by post) which is contained in clean intact bags or packages shall not be liable to disinfection.

38. Certificate of disinfection

A health officer shall furnish, if so requested by the officer in command, owners or agents of any vessel or aircraft, a certificate stating the measures taken and the reasons therefor, or shall enter those particulars on the declaration of health to be furnished to the officer in command of such ship or aircraft before it leaves Kenya.

39. Destruction of unsound food

A health officer, or other person duly authorized in writing by him, shall have power—(a)to inspect and examine, detain, seize or remove for the purpose of examination any article of food or drink on board any ship or aircraft and within any airport, port or harbour; and(b)if he is of the opinion that such food or drink is diseased or otherwise unfit for human consumption, to order it to be treated or disposed of in order to avoid danger to health;(c)to order the destruction of such article:Provided that if the value of the article exceeds one thousand shillings he shall first obtain the previous consent of the Director, and any expenses incurred in connexion with such treatment or destruction shall be payable by the owner of such article or his agent and shall be recoverable as a civil debt.

40. Prevention of nuisance in port

(1)It shall be an offence if the officer in command of any ship causes or permits any manure, excreta or refuse of any kind to be thrown overboard from any ship in any harbour or port so as to constitute a nuisance in the opinion of a health officer or the port manager.
(2)The officer in command of a ship shall cause any such things to be removed to a place set apart for the purpose or otherwise disposed of as a health officer may direct.
(3)Carcasses of dead animals and other offensive things shall be separately disposed of.
(4)In the case of a cattle ship or other ship which in the opinion of a health officer is in a filthy condition or has a large quantity of manure or other offensive matter on board, a health officer, after consultation with the port manager, may order the officer in command to remove such ship to a specified distance beyond the harbour area and there to cleanse his ship.

41. Nuisances on board ships or aircraft

(1)It shall be the duty of the officer in command of any ship or aircraft to prevent the existence of any nuisance or danger to health on his ship or aircraft.
(2)In the event of any such nuisance or danger to health arising, a health officer shall have power to order the officer in command of such ship or aircraft to remedy it forthwith and to take such measures as he may specify to prevent its recurrence.
(3)Failure or refusal to carry out any such requirements shall be an offence, and, in addition, the officer in command may be ordered to remove his ship or aircraft from the port or airport until such nuisance or danger to health has been remedied.

42. Removal of nuisance

(1)Where any nuisance is caused by any article within any harbour, port or airport, the health officer shall have power to order the owner thereof, or his agent, or consignee, to remove the cause of the nuisance forthwith.
(2)If such person fails to do so, or cannot be found, the health officer, after consultation with the Commissioner of Customs and Excise or port manager, may order or cause the nuisance to be removed and, if necessary for that purpose, may cause such article to be destroyed.
(3)Any expense incurred in so doing shall be payable by the owner of such article or cargo or his agent or other responsible person and shall be recoverable as a civil debt.

43. Prohibition of nuisance

It shall be an offence for any person to cause a nuisance or foul any public latrine or urinal within any port or airport.

44. Maritime Declaration of Health

(1)The officer in command of a ship on an international voyage shall, before arriving at its first port of call in Kenya, ascertain the state of health on board, and, on arrival, shall complete and deliver to the health officer for the port a Maritime Declaration of Health, which shall be countersigned by the ship’s surgeon if one is carried.
(2)The officer in command and the ship’s surgeon shall supply any further information required by the health officer as to the health conditions on board during the voyage.
(3)A Maritime Declaration of Health shall be in the form set out in the Sixth Schedule.
(4)Any officer in command who fails to carry out any of the provisions of this rule shall be guilty of an offence.

45. Aircraft Health Declaration

(1)The officer in command of an aircraft on landing at an airport, or his authorized agent, shall complete and deliver to the health officer for the airport a copy of that part of the Aircraft General Declaration which contains the following information—(a)illness suspected of being of an infectious nature which has occurred on board during the flight;(b)any other condition on board which may lead to the spread of disease;(c)detail of each disinsecting or other sanitary treatment (place, date, time, method) during the flight; if no disinsecting has been carried out during the flight details of the most recent disinsecting should be given.
(2)The officer in command of an aircraft, or his authorized agent, shall supply any further information required by the health officer as to health conditions on board during the voyage.
(3)Any officer in command of an aircraft who fails to carry out any of the provisions of this rule shall be guilty of an offence.

46. Certificates

(1)For the purposes of these Rules, a deratting certificate shall be in the form in the Second Schedule.
(2)For the purposes of these Rules, a certificate of vaccination or revaccination against cholera shall be in the form in the Third Schedule.
(3)For the purposes of these Rules, a certificate of vaccination or revaccination against yellow fever shall be in the form in the Fourth Schedule.
(4)For the purposes of these Rules, a certificate of vaccination or revaccination against smallpox shall be in the form in the Fifth Schedule.

47. Vaccination certificates of armed forces

For the purposes of these Rules, a vaccination document issued by the armed forces to an active member of these forces shall be accepted by the health administration in lieu of a certificate in the forms referred to in rule 46, provided that—(a)it embodies medical information substantially the same as that required by such forms; and(b)it contains a statement regarding the nature and the date of the vaccination and to the effect that it is issued in accordance with the provisions of the International Sanitary Regulations.

48. Additional sanitary measures

A health officer shall have power to prescribe and enforce such additional sanitary measures as he may consider necessary in respect of—(a)migrants;(b)seasonal workers or persons taking part in periodic mass congregations;(c)movements of troops;(d)any ship, aircraft, train or vehicle carrying such persons.

49. Recovery of expenses

(1)All expenses incurred by Government—(a)in dealing with any person on a ship, aircraft, train or vehicle or recently landed from a ship, aircraft, train or vehicle, suffering or suspected to be suffering from any infectious disease or from any other disease which the health administration may have notified in the Gazette; or(b)in connexion with the detention in quarantine of any ship, aircraft, train or vehicle or the isolation, accommodation, care and treatment of any person suffering from, or who has been exposed to infection from, any infectious disease; or(c)in eradicating any infectious disease in any ship, aircraft, train or vehicle or in any article or thing on board any ship, aircraft, train or vehicle, shall be payable by the master, owner or agent of such ship, aircraft, train or vehicle and shall be recoverable as a civil debt.
(2)For the carrying out of the services mentioned in paragraph (1) of this Rule, a health officer may require the officer in command, owner or agent of such ship, aircraft, train or vehicle to furnish satisfactory security or guarantees in respect of payment thereof or he may require payment thereof in advance.

FIRST SCHEDULE [r. 2]

AIRPORTS

1.Jomo Kenyatta International Airport — Nairobi.2.Moi International Airport — Mombasa.3.Wilson Airport — Nairobi.4.Kisumu Airport.

SECOND SCHEDULE [r. 30, 46(1)]

MEDICAL DEPARTMENT

      MED. 272

THIRD SCHEDULE [r. 2, 46(2)]

FORM OF CERTIFICATE ISSUED BY THE GOVERNMENT OF KENYA

FOURTH SCHEDULE [r. 2, 46(3)]

FORM OF CERTIFICATE ISSUED BY THE GOVERNMENT OF KENYA

FIFTH SCHEDULE [r. 2, 46(3)]

FORM OF CERTIFICATE ISSUED BY THE GOVERNMENT OF KENYA

SIXTH SCHEDULE [r. 44(3)]

MARITIME DECLARATION OF HEALTH

SEVENTH SCHEDULE [r. 4]

NOTICE OF EXPECTED ARRIVAL OF A VESSEL

1.Name of the vessel.2.Nationality.3.Last port of call.4.Date expected.5.Approximate tonnage (specify whether net or gross).6.Tonnage and description of cargo to be landed.7.Approximate number of passengers to disembark.8.Agents.9.Remarks.
  To the Port Health Officer,
  Port of ...................................
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