The Public Health (COVID-19 Indoor Meetings) Rules


LAWS OF KENYA

PUBLIC HEALTH ACT

THE PUBLIC HEALTH (COVID-19 INDOOR MEETINGS) RULES

LEGAL NOTICE 224 OF 2020

  • Published in Kenya Gazette Vol. CXXIII—No. 17 on 22 January 2021
  • Commenced on 22 January 2021
  1. [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 (COVID-19 Indoor Meetings) Rules.

2. Interpretation.

In these Rules, unless the context otherwise requires—“convener” means the person who invites people to an indoor meeting;“County Director” means the County Director responsible for Public Health in a county;“COVID-19” means an infectious disease caused by coronavirus;“indoor meeting” means a gathering of people in a building for a public purpose; and“regulating officer” means the officer in charge of the police station in the area in which an indoor meeting is proposed to be held.

3. Authorization to hold an indoor meeting.

(1)A convener of an indoor meeting shall not hold the meeting unless he or she has an inspection certificate and an authorization certificate issued under these Rules.
(2)A person who contravenes the provisions of paragraph (1) commits an offence.Provided that in the case of books and magazines, proof of deposit at the National Library shall suffice.

4. Inspection of meeting venues.

(1)The convener of an indoor meeting shall apply to the County Director for inspection of the proposed meeting venue.
(2)An application made under paragraph (1) shall be in Form 1 set out in the Schedule and shall be made at least three days but not more than fourteen days before the proposed date of the indoor meeting.
(3)The County Director shall, upon receipt of the application made under paragraph (1), inspect the proposed meeting venue and may—(a)if satisfied that the requirements under these Rules have been met, issue to the applicant an inspection certificate in Form 2 set out in the Schedule; or(b)if the requirements of these Rules have not been met, prohibit the holding of the meeting in writing, giving reasons thereof.

5. Certificate of authorization.

(1)The convener shall apply to the regulating officer for authorization to hold an indoor meeting.
(2)An application made under paragraph (1) shall be in Form 3 set out in the Schedule and shall be—(a)made at least three days but not more than fourteen days before the proposed date of the indoor meeting; and(b)accompanied by an inspection certificate issued under rule 4.
(3)The regulating officer shall, upon receipt of an application made under paragraph (1), consider the application and may—(a)issue a certificate of authorization in Form 4 set out in the schedule; or(b)reject the application, in writing, giving reasons thereof.
(4)The regulating officer may stop or prevent the holding of an indoor meeting—(a)held without authorization; and(b)which, having regard to the rights and interests of the persons participating in the meeting, there is present or imminent danger of a breach of these Rules.
(5)A person who refuses to obey any order issued under paragraph (4) commits an offence.

6. Conditions for holding indoor meetings.

(1)An indoor meeting shall—a) be held between 9.00 am and 5.00 pm;(b)be held within a building that is well ventilated; and(c)not exceed two hours.
(2)The attendance at an indoor meeting shall be limited to one third of the normal seating capacity of the meeting venue.
(3)Food or drink shall not be served at an indoor meeting.

7. Obligations of the convener.

(1)The convener of an indoor meeting shall—(a)ensure that the meeting venue is disinfected before and after the meeting;(b)provide hand sanitizers to the attendees or provide a handwashing station, equipped with clean running water, soap and paper towels at the entrance of the meeting venue and ensure that the effluent water from the handwashing station does not flow freely on the ground;(c)ensure that microphones are only used by the presenters and are not passed around to the attendees;(d)ensure that any microphone used by a presenter at the meeting is disinfected before and after his or her use;(e)ensure that a public address system is not placed outside the meeting venue;(f)put in place markings in the venue to ensure that a physical distance of one and a half metres is maintained between attendees;(g)ensure that there are no gatherings by the attendees outside the meeting venue, before, during or after the meeting;(h)not provide brochures, booklets, pamphlets or other reading materials to the attendees;(i)ensure that the temperature of attendees is measured at the entrance of the venue using a contact free thermometer;(j)ensure that the attendees do not engage in singing, dancing or an activity that requires physical contact;(k)ensure that the indoor meeting is held between 9.00 am and 5.00 pm;(l)ensure that the meeting is held within a building;(m)ensure that the meeting does not exceed two hours;(n)ensure that there is proper ventilation in the venue and the doors and windows are kept open during the meeting;(o)ensure that the attendance at an indoor meeting is limited to one third of the normal capacity of the meeting venue: and(p)ensure that food or drink is not served at an indoor meeting.
(2)The convener of an indoor meeting or his or her authorized agent shall be present throughout the meeting and shall ensure compliance with these Rules.
(3)A convener who contravenes any provision of this rule commits an offence.

8. Persons not allowed to attend indoor meetings.

(1)The convener shall not allow the following people in an indoor meeting—(a)a person with a body temperature that exceeds thirty seven point five degrees Celsius; or(b)a person who is below the age of thirteen years.
(2)Where a person is found to exhibit temperature above thirty seven point five degrees or has symptoms of COVID-19, the convener shall immediately notify the County Director of such findings.
(3)A person who contravenes paragraph (1) commits an offence.

9. Attendance list.

(1)The convener of an indoor meeting shall keep an attendance list of persons who attend an indoor meeting for a period of six months.
(2)The attendance list under paragraph (1) shall contain—(a)the name of the attendee;(b)the passport number or national identification number of the attendee;(c)the telephone number of the attendee;(d)the permanent residence of the attendee; and(e)the next of kin of the attendee.
(3)The convener shall provide, without undue delay, the attendance list to a public health officer upon request.
(4)A convener who contravenes paragraph (1) or (3) commits an offence.

10. Obligations of attendees.

(1)Every person shall, while in an indoor meeting—(a)wear a face mask that covers the nose and mouth;(b)maintain a physical distance of not less than one point five metres from the next person; and(c)not engage in any form physical contact, handshaking or embracing.
(2)A person who contravenes paragraph (1) commits an offence.

11. Penalty.

(1)A person who commits an offence under these Rules shall, on conviction, be liable to a fine not exceeding twenty thousand shillings or to imprisonment for a term not exceeding six months, or to both.
(2)A convener who contravenes these Rules or fails to ensure compliance with these Rules by the attendees shall be barred from holding subsequent indoor meetings.

FORMS

FORM 1 [r. 4(2)]

APPLICATION FOR INSPECTION FOR PURPOSES OF AN INDOOR MEETING

1.Particulars of the convener—(a)Name ..................................(b)Physical address ...................(c)Postal address .............................(d)Telephone No. .........................(e)Email address............................2.Proposed date and time of the indoor meeting—On the ......................, 20 ................between ............................. and .......................3.Proposed venue of the indoor meeting.....................................................................................DECLARATIONI hereby apply for inspection in respect of the indoor meeting specified above, and I declare that the statements made above are true and complete in all respects.Dated the .............................................Signature of convener...............................

FORM 2 (r. 4(3)(a))

INSPECTION CERTIFICATE

I, the undersigned.................................................. certify that I inspected the proposed venue of the indoor meeting and I am satisfied that the convener has complied with the Public Health (COVID-19 Indoor Meetings) Rules, 2020.This certificate is grante............................ of P.O. Box ................................ and relates to the indoor meeting proposed to be held on................... Between...........................(am/pm) and .......................(am/pm) at .............................(venue)Date ................. Signature............................County Director......................................

FORM 3 (r. 5(2))

APPLICATION FOR AUTHORIZATION TO HOLD AN INDOOR MEETING

1.Particulars of the convener—(a)Name ................................................(b)Physical address.........................................................................................................................(c)Postal address......................................................................................................................................(d)Telephone No. ............................................(e)Email address...............................................2.Proposed date and time of the indoor meeting—On the .........................., 20 ........................between ........................... and ...............................3.Proposed venue of the indoor meeting..............................................................................Dated the ......................................................................Signature of convener .........................................................

FORM 4 (r. 5(3)(a))

CERTIFICATE OF AUTHORIZATION

This certificate is granted........................................... of P.O. Box.......................................... and relates to the indoor meeting proposed to be held on............... Between............(am/pm) and................... (am/pm) at .....................(venue)Date ................Signature......................Regulating Office
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