By Laws of Town Council of Karuri

LOCAL GOVERNMENT ACT(CAP. 265)

IN EXERCISE of the powers conferred by Section 160(q) and 201 of the Local Government Act Cap 265, the Town Council of Karuri hereby makes the following by-laws:

THE TOWN COUNCIL OF KARURI (POUNDS)

BY-LAWS 2009

1. These By-laws may be cited as the Town Council of Karuri (Pounds) by-laws, 2009

2. In these By-laws, unless the context otherwise requires:-

3. The Council may establish, control and maintain pounds for the reception and detention of any animal impounded under these By-laws and may appoint a pound master to be in charge of such pounds.

Any person authorize to do so by the council may seize any animal found straying in any street or public place and may take such animal to a pound there to be impounded.

4. The owner or occupier of any land may seize any animal he finds trespassing on his land and may take it, or cause it to be taken, to a pound there to be impounded.

5. The pound master may receive into any pound and detain therein any animal brought to him for such purpose, and he shall supply every animal impounded with suitable and sufficient food and drink.

6. Every person seeking the release of any animal property impounded shall first pay to the Council or any duly authorized agent the appropriate fee prescribed in the fees and charges currently in use.

7. The pound master shall not release any animal from any pound until the person seeking the release of the animal has paid to the Council the appropriate fee so prescribed.

8. No animal shall be released from any pound, to any other person other than the owner of, or the person normally having control of, that animal.

9. Any animal not claimed within fourteen days of having been received into a pound shall be deemed to be ownerless.

10. a) The Council of any persons so authorized by the Council may sell such animal deemed to be ownerless.

b) The proceeds of such sale shall be applied firstly, to the cost of such sale and secondly, to the payment of the pound fees, and thirdly, the surplus, it any, shall be retained for a period of six months from the date of the sale.

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c) The surplus, if any, shall be returned to the owner of the animals sold upon proof of ownership and making of a claim within six months from the date of the sale.

d) Any surplus from such sale, if not claimed by the owner within six months from the date of the sale, shall be credited to the Council.

11. It shall be lawful to the Council, of any person authorized by the Council to do so at any time to order the slaughter of any animal taken to a pound and detained therein, if it appears to the Council that such slaughter is necessary or advisable for the prevention of spread of disease or for humane reasons.

12. No liability whatsoever shall attach to the Council, the pound master of any other person in respect of:

a) The release of any animal to a person other than the owner of the person normally having control over the animal; or

b) The payment of any proceeds of sale to a person other than the owner of the animal; or

c) The slaughter of any animal; or

d) Any loss or damage incurred by or cause to any person by reason of the impounding or of other dealing with an animal according to these By-laws.

13. Any person who, without lawful authority, either or attempts to release any animal being property conveyed to or held within a pound, or damages any pound, shall be guilty of an offence and liable to a fine not exceeding two thousand shillings or to imprisonments for an term not exceeding six months or both such fine and imprisonment.

Made this…………………………..…………………day of…………………………………………

By order of Town Council of Karuri…………………………………………………………………..

PATRICK WANYOIKE MWAURATOWN CLERK

Approved this……………………………………day of……………………………20……………

HON. MUSALIA MUDAVADI

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DEPUTY PRIME MINISTER AND MINISTER FOR LOCAL GOVERNMENT

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IN EXERCISE of the powers conferred by Section 160 (a) 199, and 201 of the Local Government of Kenya, the Town Council of Karuri thereby makes the following By-Laws.

THE TOWN COUNCIL OF KARURI (REFUSE RECEPTACLE AND COLLECTION)

BY-LAWS 2009

1. These By-laws shall be cited as the Town Council of Karuri (Refuse receptacles Citationand Collection) By-laws 2009.

2. In these By-laws unless the context otherwise requires:- Interpretation

“Council” means the Town Council of Karuri“Town Clerk” means the person for the time being holding the office of the Town Clerk.“Refuse” includes garbage, tins, bottles, ashes, sweeping from public barter Markets, dwellings, offices and shops, and all other forms of solid/liquid refuse, but does not include refuse from gardens, farms or stables, or waste products from any factory or workshop.“Trading Centre” means an area set aside by the Council with shops, residential houses, public markets and other buildings may be erected to facilitate trade.

3. The removal of the contents of al refuse receptacles shall be carried out by Removal ofthe Council, but the Council shall not be liable for any delay or failure to Contents ofremove such contents. Receptacles

4 (i) The occupier of every premises shall provide and maintain in good Condition to the satisfaction of the Council, such number of Maintenance receptacles for refuse as may be directed by the Council by a ofwritten notice to such occupier. Receptacles

ii) No person shall use a receptacle for the purpose of storing any refuse for collection by the Council unless that receptacle is of design, standard, and specification approved by the Council.

iii) Any person who contravenes of fails to comply with any of the provisions of this By-law shall be guilty of an offence.

5. i) The occupier of every premises shall:- Deposit anda) Deposit within the receptacle on this premises all the Removal of

refuse from the premises. Refuseb) At the times notified by the Council’s cleaning staff under

paragraph (iii) below of this by-law, place the refuse receptacle in a suitable position as near as is convenient to the access road to the premises used by the Council cleansing staff.

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ii) Every occupier shall cause each refuse receptacle upon the premises to be properly covered at all times and that refuse shallbe collected from the refuse receptacle.

iii) Any person contravenes or fails to comply with any of the provisions of paragraph (i) and (ii) of this by-law shall be guilty of an offence.

6. i) The occupier or owner of every premises shall pay to the Council a fee for every receptacle he uses as specified in the fees and charges schedule.

ii) Any person who contravenes or fails to comply with any of the receptacle of paragraph (i) of this By-law (4) of these By-laws:-

7. Any person who deposit or cause to be deposited in any refuse receptacle maintained under By-law (4) of these By-laws:

(i) Any burning ashes or other material in a state which is likely to cause fire.

(ii) Any liquid(iii) Any person who throws or deposits, or causes to be thrown

or deposited upon, or allows to pass on to any public place, any refuse or waste matter, shall be guilty of an offence

(iv) Without prejudice to the foregoing the Town Clerk may serve a written notice upon such a person requiring him to remove the refuse or waste within such period as may be specified.

8. The Clerk may, at the request of the owner or occupier of any premises/ Removal of Hospital/Clinics/Factory within a trading centre undertake, upon payment of Refuse/Toxic/appropriate fee prescribed by the council from time to time. Solid Waste

from Premises/

(i) Remove and dispose of refuse/waste from a factory/hospital/clinic Hospitals /premises. Clinics,

(ii) Dispose of any refuse or waste products which an owner or occupier of such premises/factory/hospital/clinic may deliver to a place appointed by the Clerk.

9. (i) Any person who permits any accumulation or deposit or Accumul-Refuse or other of waste as provided in these By-laws tion of shall be guilty of an offence. Refuse

on Premises

(ii) The Clerk may serve a notice upon any occupier requiring him to remove any refuse in or upon his premises within such period as may be specified in such notice.

10. The Clerk may, at the request of the owner or occupier of any premises Removal of

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factory within a trading centre undertake, upon payment of appropriate fees Refuse fromprescribed by the council from time to time. factory

(i) Remove and dispose of refuse from a factory.

(ii) Dispose of any refuse or waste products which an owner or occupier of such premises may deliver to a place appointed by the Clerk.

11. (i) The Clerk, at the request of the owner of any dead animal, Removal andor the occupier of any premises on which such animal may, Disposal of be undertake to remove and disposes the carcass of such animal, Dead Animalsupon payment of the fee prescribed by the council.

(iii) The Clerk may cause the carcass of any animal found within the jurisdiction of the Council to be removed and disposed, and where the owner of such animal can be ascertained, may recover from such owner the appropriate fee prescribed in the fees and charges schedule.

12. i) Any person who, not being a member of the Council’s cleaning staff, Sorting oversorts or over to disturb the contents of any refuse of receptacle Disturbing which has been placed in any position pursuant to paragraph (i) of the intents ofBy-laws (5) of these By-laws, shall be guilty of an offence. Receptacles

13. (i) The Council may by notice prescribe the times for the removal or Removal andCarriage through the streets of the town centres of any faecal, Carriage of offensive of noxious andmatter of liquid, whether that matter of faecal liquid is in the course of removal or carriage from within or from offensivewithout or through the town centre. matter

ii) No person shall remove of carry through the street of the trading centre any faecal or offensive or noxious matte of liquid.

(a) Otherwise than during the times prescribed by the Council under paragraph (i) of the By-law.

(b) Otherwise in a receptacle or vehicle constructed and covered in such manner as to prevent the escape of any such matter or liquid.

iii) The person in charge of any receptacle or vehicle from which any faecal or offensive of noxious matter of liquid has been dropped or split in the course of removal or carriage in any public place shall, without delay, effectively clean the place where such matter of liquid has been dropped or split.

iv) Any person who contravenes or fails to comply with any of the provisions of these By-laws shall be guilty of an offence.

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Protection14. (i) The Council may license a person to sort out and carry away of garbage of Garbage

from its designated dumping site without written permission from the disposalTown Clerk. site

(iii) Any person who caters, sorts and/or carries away garbage from the Council’s designated dumping site without written permission from the Town Clerk shall be guilty of an offence.

(iv) Any person without the consent of the Town Clerk light or maintain or causes to be lit any fire or brazier or otherwise do act(s) causing any general nuisance, shall be guilty of an offence.

15. (i) Any notice, order of other document required or authorized to be sent or Noticeserved or,

a) By delivering it to the person to or on whom it is to be sent or served or,

b) By leaving it at the usual or last known place of abode of that person(s) and in the case company, at its registered office or,

c) By forwarding it by prepaid registered post, addressed to that person(s) at his usual or last known postal address or,

d) By delivering it to someone on the premises to which it relates to. If there is no person the premises to whom its can be so delivered, then by fixing on some conspicuous part of the premises. Where the name of the owner or occupier is not known, such notice, order, or documents may be addressed to “the owner” or “the occupier” of the premises which shall be named without further name or description.

16. If any person fails to comply with the requirements any notice, order, or Failure to other document served under these By-laws, the Town Clerk may cause the comply withwork or act required by such documents to be done and may recover from the Writtenthe person in default as civil debt the expenses thereby incurred. Notice

17. Any person who commits an offence under the provisions of these By-laws shall on conviction be liable to a fine not exceeding two thousand

shilling, or to imprisonment, and to a further fine not exceeding one hundred shilling for each day on which the offence continues after conviction thereof, provided the aggregate of such further fine shall not exceed four thousand shillings

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Made this…………………………..…………………day of……………………….…………2009By order of Town Council of Karuri


Approved this……………………………………day of………………...………………………2009

HON. MUSALIA MUDAVADIDEPUTY PRIME MINISTER AND

MINISTER FOR LOCAL GOVERNMENT

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IN EXERCISE of the powers conferred by Section 201 of the Local Government (Cap 265) the Town Council of Karuri hereby makes the following By-laws.

THE TOWN COUNCIL OF KARURI (COMMERCIAL COLLEGE AND PRIVATE SCHOOL)

BY-LAWS 2009

1. These By-laws shall be cited as the Town Council of Karuri (Commercial college, Private School) By-laws 2009.


“Town” means an area places under the jurisdiction of the Town Council of Karuri

“Council” means the Town Council of Karuri.

“Child” means a person under six years of age.

“Private school” means either a primary school, nursery school or any other institution offering academic education or professional courses.

“Day Nursery School” means a place at which two or more children are cared for in return for a fee or reward

“Licence Premises” means premises in respect of which a licence has been granted

3. No person shall operate a commercial college, private primary school, or any other institution within the jurisdiction of the Town Council of Karuri without valid Business Permit issued by the Council as per Circular No.

4. Every application for a licence shall be made in writing and shall be addressed to the Town Clerk and such applications shall set forth:-

a) The name, address and occupation of the applicant for the licence, the description of the premises in which it is proposed to operate a commercial college, primary school and day nursery school or so.

b) The number of students of children proposed to be accommodated in the institution (commercial college, primary school or day nursery school or any other institution).

5. The Licence shall be in such a form as may be determined from time to time by the Council and shall contain:-

a) The name and address of the license.b) Description of the licenced premisesc) The number of students or children to be accommodated

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d) The number of persons to be employed in the care of the student so children accommodated in the licenced premises.

e) The date on which licence expiresf) Any other condition which the council may deem necessary to impose

6. No license shall be granted for a longer period than one year and every license shall expire on 31st day of December of the year in which it is granted.

7. (i) A license shall not be transferred either from the holder thereof to any other without consent in writing of the Council being first obtained.

ii) No license shall be granted unless the Council is satisfied that:-

a) The premises in respect of which a license is desired comply with the building code by-laws

b) The premises are suitable in all respects for use of commercial college, private schools or day nursery and school and capable of accommodating therein and

c) The number of persons proposed to be employed in the care of students/children is sufficient to safeguard the health, safety and welfare of the students or children to be accommodated in the proposed institution (commercial college, private school or day nursery school).

8 The licensee shall maintain the licensed premises in good order and condition to the satisfaction of the Council and any failure to do so, the Council may cause a notice to be served upon the licensee requiring him within the period specified in the notice, to carry out such work as may in the opinion of the Council be necessary to put such premises in good order and condition and if licensee fails to do so such work within the time specified in such notice he shall be guilty of an offence against these by-laws.

9. The licensee shall not at any one time permit any larger number as specified in the license relating to such premises.

10. The licensee shall ensure that at all times the number of persons employed in the care of students or children accommodated in the licensed premises shall not be more than the number specified for this purpose in the license

11. The licensee shall not permit a person suffering from infections contagious or venereal disease to be employed or engaged in or upon the licensed premises.

12. The Town Council schools supervisor of any other officer of the Council authorized in writing by the Council in that field may at all reasonable time inspect the licensed premises.

13. The Town Council schools supervisor or any other officer authorized in writing premises in the jurisdiction of the Town Council which he has reasonable cause to believe are being used for the purposes of operating a commercial college, private school or a day nursery school.

14. The fees payable for the grant renewal or transfer of a license under these by-laws shall be as per approved fees and charges for that year.

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15. The licensee shall be responsible for the due observance of these by-laws in respect of the premises for which he holds a license and any breach thereof by any servant of the licensee shall be deemed to be a breach by the licensee.

16. Any person who contravenes or who fails to comply with any of the provisions of these by-laws shall be guilty of an offence and shall be liable up on conviction to a fine not exceeding five thousand shillings and in default of payment to imprisonment for a term not exceeding six months or both such fine and imprisonment.

Made this…………………………..…………………day of……………………….…………2009

By order of Town Council of Karuri………………………………………………………………..



HON. MUSALIA MUDAVADI DEPUTY PRIME MINISTER AND


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IN EXERCISE of the powers conferred by Section 201 of the Local Government Act, the Town Council of Karuri hereby makes the following By-laws.

THE TOWN COUNCIL OF KARURI (PROTECTION OF ROADS)

BY-LAWS 2009

1. These By-laws shall be cited as the Town Council of Karuri (Protection of Roads) By-laws, 2009.


“Town Clerk” means the person for the time being holding the office of Clerk to the Town Council of Karuri, his deputy and any other authorized officer authorized in writing by him for the purposes of these By-laws.


“Roads” means any road maintained by the Town Council and included roads that have been vested to the Council by the highway authority

“Authority” means the Clerk of the Town Council of Karuri and any other person authorized in writing by him for the purposes of these by-laws.

“Tree” means any tree, shrub, bush, hedge, but shall not include fruit tree, coffee, tea and seasonal crop.

For the purposes of these by-laws “secondary road” and “minor road” and “administrative road” – means roads so classified by the road authority for the payment of grants to the Council.

3. (i) No person shall cultivate any land or erect any fence within:-

a) Forty feet of the centre line of any secondary road, thirty feet of the centre line any minor road or fifteen feet of the centre of any administrative road:

b) Three feet of the foot ward side of any drain or ditch forming part of a road and being further the centre of such road than the distances specified in paragraph (1) of these by laws in respect of a road of a similar class.

4. Notwithstanding the provisions of paragraph (1) and (2) of these By-laws, if any in the opinion of the authority it is necessary for the orderly proper planning of the Council then the provisions of these By-laws in respect of minor roads should apply to an administrative roads or that the provisions of these by-laws in respect to secondary roads should apply to any minor roads as has been declared.

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5. No person shall, within sixty feet of the centre line of any roads permit trees to grow who individual stems are less than sixty feet apart.

6. No person shall within sixty feet of the centre of any road erect any building or hoarding.

7. The authority may, in its discretion in writing exempt any person from compliance with the provision of by laws 3, 4 and 5of these by-laws.

8. (i) Whenever in contravention of by-laws 3, 4 and 5 of these by-laws any person who erects any building or boarding or planted any tree, shrub, bush, hedge or any other growing thing the authority may order such person within a time to be stipulated in such order to demolish such building or boarding or uproot or destroy such tree, shrubs, bush, hedges or other growing things.

ii) Whenever a person to whom the authority has addressed an order under paragraph (I) of these by-laws failed to comply with the said order within the stipulated time the authority may demolish or uproot or destroy such tree, shrubs, bush, hedges or other growing things.

iii) Nothing in these By-laws shall be held to affect liability of any person or to prosecution for breach of by-laws 3, 4 and 5 of these laws.

9. No person shall carry out any excavation of trenches and carry out cabling within sixty feet of the centre line of any road.

10. No person or entity shall carry out any Posts erection or Power line cabling on any road way leave without paying appropriate fees and having obtained consent from the Council.

11. Any person who contravenes any of the provisions of these bylaws or who fails to comply with an order lawfully issued there under shall be guilty of an offence and shall on conviction be liable to a fine not exceeding five thousand shillings or to imprisonment for a term not exceeding six months or both such fine and imprisonment.

Made this…………………………..…………………day of……………………….…………2009






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IN EXERCISE of the powers conferred by Section 145 (p) of the Local Government Act (Cap 265), the Town Council of Karuri hereby makes the following By-laws.

THE TOWN COUNCIL OF KARURI (OPEN AIR PUBLIC MARKETS)

BY-LAWS 2009

1. These By-laws shall be cited as the Town Council of Karuri (Protection of Public Markets) By-laws 2009.



“Public Market” – Includes any other market “Private”

“Market Master” means the person appointed in writing by the Council to control and supervise the public market specified in such appointment or any other officer designated.

“Poultry” means fowls, chicken, ducks, geese, turkeys and guinea fowls.

3. i) No open air public market shall be provided within the area of jurisdiction of the Council otherwise than by the Council and person shall set or buy good in, or use a public market excepts with the consent of the Council given by the Market Master and upon payment of the fees authorized by these By-laws without the express authority of the Council.

ii) Any person who contravenes these By-laws shall be guilty of an offence.

4. All public markets shall be under the control of the Council who shall appoint a market master and such other persons as may be necessary to secure the effectual control and supervision of such markets.

5. i) Open air Public markets shall be open such days and during such hours as the Council shall determine, for the sale of:-

a) Perishable food stuffsb) Live poultryc) Earth ware, basket ware, nuts, woodwork, metal work or other products approved by the

Councild) Such other goods as may be authorized by the Council

ii) Any person who contravenes or fails to comply with these By-laws shall be guilty of an offence.

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6. i) Person shall not carry on or engage in any trade or business in any public market except such as the Council may permit and in no circumstances shall sell opium, other drugs or intoxicating liquor be brought into any public market, nor shall any handcraft of any kind be carried on therein.

7. i) No person shall remain in a open air public market during the hours in which it is closed.

ii) Any person who contravenes this By-law shall be guilty of an offence.

8. i) Any person who takes, or cause or permits to be taken, any animal/dog/domesticated/ reptile or restricted items into open air public market shall be guilty of an offence.

9. i) No fire or cooking without authority shall be allowed in a public market.


10. Any person who cleans vegetables of other produce in a open air public market anywhere except in such basins, sinks or other receptacles as are provided by the Council for such purpose shall be guilty of an offence.

11 i) Every person employed in any open air public market shall be clean in clothing and in person.

ii) Any person who fails to comply with these By-laws shall be guilty of an offence.

12 i) Any person suffering from any infection or contagious or venereal diseases shall not be employed or engaged in any public market.


13 Any person who within a open air public market:

a) Commits any nuisanceb) Hawks any goods, orc) Interferes with or molests any other person, or touts, or shouts, or calls out for

customers, ord) Causes any disturbance or used offensive, obscene, injurious or unbecoming language,

ore) Damages, defaces, fouls or misuses or interfered with any part of such market of any

equipment, fittings or fixtures provided therein, orf) Deposits or throws on the floor or ground, any refuse, fruit peel or vegetable substances,

or g) Expectorates, orh) Play games or loiters, ori) Attempts to procure customers except by means of displays or goods, shall be guilty of

an offence.

14 i) Any person who sells or offers or exposes for sale in a open air public market any article or

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good which is diseased, unwholesome or otherwise unfit for human consumption shall be guilty of an offence.

ii) The Market Master shall take possession of and detain any goods which are offered for sale in public market which appears to him to be diseased, unwholesome or otherwise unfit for human consumption and shall forthwith report and hand over such food to a Health Inspector appointed under the Public Health Act.

iii) No compensation shall be payable by the Council in respect of any food which is detained in accordance with paragraph (ii) and which is in fact found to be diseased, unwholesome or otherwise unfit for human consumption.

15 i) No food produce article or other thing shall be exhibited for sale on the pathways, or over any drain, within a public market, and no board, box basket or other container shall be left in, or upon, any such drain or pathway.


16 i) No livestock, other than live poultry shall be brought into any public market other than a public market provided for sale of livestock.


17 i) In any public market where stalls have been provided each stall shall be numbered and the Council may let or hire out such stalls upon such conditions as they shall think fit and upon payment or the charges determined by the Council under By-laws 21.

ii) Under no circumstances shall one stall be used for carrying on two or more different classed of business any times or under the same permit.

iii) A stall holder shall not sublet his stall or any part thereof without the prior consent in writing from the Council

iv) Any person who contravenes or fails to comply with these by-laws shall be guilty of an offence.

18 Every stall holder shall:-

a) Keep his stall and all fittings and utensils therein or thereon thoroughly clean and in good order to the satisfaction of the Market Master.

b) When selling in weight or measure use the prescribed standard weights and provide and maintain proper weights scales

c) Dispose of all refuse, sweeping garbage, waste, liquid or solid, from stall into the receptacles, channels or drains as are provided for that purpose.

ii) Any person who contravenes or fails to comply with this By-laws shall be guilty of an offence.

19 Every person in a public market who fails or refuses to comply with and obey all lawful

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instructions, directions and orders given by the Market Master for the purposes of controlling or supervising the market shall be guilty of an offence.

20 i) The Council may set aside, or allocate or provide parts of a public market for the sale therein of only such food, produce, article or things as it may specify, as no such food produce, article or thing shall be sold or displayed in any other part of a public market except in the parts so allocated.

ii) Any person who contravenes or fails to comply with this By-law shall be guilty of an offence.

21. i) For the use of public market for the purpose of selling or offering for sale any food produce, article or other things there shall be payable to the Council such charges as the Council may determine.

ii) The Council may determine or alter the charges referred to in paragraph (i) at any time but at least one month before such charges are to come into force shall give notice in at least one newspaper circulating in the area in which the public market is situated of such determination of alteration.

iii) The Council shall display and keep displayer at every public market a list of charges levied in accordance with paragraph (i)

iv) The charges levied in accordance with paragraph (i) shall be paid in advance, in case of a stall by the holder of such stall and in any other case by the person taking or attempting to take food, purchase, artless or other thing into a public market.

22 i) A person entering or attempting to enter any public market for the purposes of selling of offering for sale any food, produce, any other article or other gateway as shall be specified by Council for the purposes, will enter the market except through the gate entrance.


23 i) Any person who is found committing or who is reasonably suspected of having committed, an offence under this By-law in any public markets, shall be liable to be evicted from such market by the market master or by the enforcement officer.

ii) A Market Master or Enforcement Officer may in his sole discretion refuse admittance to any person to enter a public market if to his knowledge the person has been convicted on more than one occasion or any offence under this by-law.

24. Every person who is guilty of an offence under this By-law shall be liable on conviction to a fine not exceeding four thousand shillings or to imprisonment not exceeding six months or to both such fine and imprisonment.

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Made this…………………………..…………………day of……………………….…………2009






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IN EXERCISE of the powers conferred by Section 162 (L) and 201 of the Local Government Cap 265, the Town Council of Karuri hereby makes the following By-laws.

THE TOWN COUNCIL OF KARURI (ADVERTISEMENTS)

BY-LAWS 2009

1. These By-laws shall be cited as the Town Council of Karuri (Advertisements) By-laws 2009. Citation

2. In these By-laws, unless the context otherwise requires:- Interpretation

“Advertisement” includes any notice, billboard, placard, poster, print, picture and any other printed or written advertising matter;

“Advertising device” includes any boarding framework screen, signboard, flag or lamp or neon signs or any other fixture or device used or constructed for the purpose of advertisements;

“Council” means the Town Council of Karuri.“Permit” means a permit issued under the provision of By-law 4 of these By-laws;

“Town Clerk” means the person for the time being holding the office of Town Clerk of Karuri, his deputy and any other officer of the Council authorized by the Town Clerk in writing for the purpose of these By-laws.

3. Any person who or in view of any street or public place, erects, places, maintains, displays or permits to the erected, fixed, places, maintained, displayed or used, any advertisement or advertising device without first obtaining a permit shall be guilty of an offence against these By-laws.

4. Every application for a permit shall be made in writing to the Town Clerk and shall be accompanied by a place or sketch showing to the satisfaction of the Town Clerk, the position of the proposal advertising device or notice, its dimensions and the method of erection, and stating the material of which it is to be composed or constructed, its colour and such other information as the Council may require.

5. These shall be paid to the Council in respect of every permit issued under these By-laws the appropriate fees as determined by the Council from time to time.

6. Every permit issued under By-laws shall expire on the 31st day of December of the year for which it is issued unless cancelled prior to such expiration.

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7. The Council may at any time by notice to holder thereof, cancel a permit for prevention of any of the terms and conditions thereof or any of the provision of these By-laws or where in its opinion the continued display of any advertisements or use of any advertising would likely affect injuriously the amenities of or to disfigure any neighbourhood or for any other reason it may think fit.

8. Any person who being the holder of a permit, fails to maintain in good repair and in proper and safe conditions any advertising devise authorized there under shall be guilty of an offence against these By-laws.

9i) Any person to whom is granted permit under these By-laws shall ondemand at any reasonable time produce such permit to the Town Clerk or the Enforcement Officer.

10 The Town Clerk, may, without notice, cause to be removed or pulled down any disposed or any advertisement or advertising device erected, fixed, placed, maintained, displayer or used in contravention of these By-laws orauthorized officer.

11 Any person who is guilty of an offence against these By-laws shall be liable to a fine not exceeding ten thousand shillings and where the offence relates to an advertisement or advertising device the Court may in addition to a fine order the removal and sale, destruction or other disposal of the advertising device.

Made this…………………………..…………………day of……………………….…20…………



Approved this……………………………………day of………………...………………20………..



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IN EXERCISE of the powers conferred by Section 16(a) of the Local Government Act, Cap. 265, the Town Council of Karuri hereby makes the following By-laws.

THE TOWN COUNCIL OF KARURI (CEMETERY) BY-LAWS 2009

1. These By-laws shall be cited as the Town Council of Karuri (Cemetery) By-laws 2009.

2. In these By-laws, unless the context otherwise requires:-“Clerk” means the Town Clerk of Town Council, or any other person authorized by the Clerk in writing to act on his behalf, for the purposes of these By-laws.“Council” means the Town Council of Karuri.“Memorial Work” means tombstone, railing fence monument, memorial inscription or other work.“Cemetery” means any place for burials within designated Townships.

3 i) No person shall inter or cause to be interred the body of a deceased person within the Council designated Townships/leasehold land.

ii) Any person who contravenes the provision of these By-laws shall be guilty of an offence.

4. Every cemetery shall be under the sole control of the Council and shall be open to the public during such hours only as from time to time be prescribed by the Council and as the Council may from time to time resolve.

5 i) No person shall cause or permit any interment to take place in a cemetery without a permit in the form prescribed in the first schedule to these By-laws having first been obtained from the Town Clerk, or otherwise than in strict conformity with the terms of such permit which shall prescribe the exact position of the grave to be used for interment.


6. i) Every cemetery shall be surrounded by a wall, fence or hedge so constructed as effectual to prevent dogs, cattle or beasts of prey from entering the cemetery.

ii) Any person who willfully damages any memorial work, wall, fence or hedge in a cemetery shall be guilty of an offence.

7. Fees as prescribed in the gazettes/ fees& charges hereto shall be payable to the Council for all interments in cemetery.

8 i) No person shall cause or permit to be erected or places in any cemetery. Any

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material work except under the terms of a permit in writing issued by the Town Clerk.

ii) Any person who contravenes the provisions of this By-law shall be guilty of an offence.

9 i) If any memorial work falls into such a state of disrepair which in the opinion of the Town Clerk constitutes a disfigurement of the cemetery, the Town Clerk may by written notice require the owner of effect within a specified reasonable time, such repairs as he may consider necessary, provided that, if the address of the owner is not known to the Town Clerk, such notice may be published in a newspaper circulating in the area and if, after such time, the owner shall neglect to comply with the terms thereof, the Council may effect the repairs or remove the memorial work and the expenses thereof shall be payable by the owner and the amount thereof shall be recoverable as a civil debt to the council.

10 The Town Clerk shall have power at his discretion to remove any shrubs, flowers or any other articles that may be deposited on a grave.

11 The Council shall not be liable for the custody or care of any memorial work in a cemetery unless it shall be expressly contracted to accept liability thereof.

12. No person shall cause nuisance during any interment in a cemetery.

i) Any person who contravenes the provision of this by-law shall be guilty of an offence.

13 i) No person other than the person lawfully engaged upon the care of cemetery shall walk along the path provided and in the space between graves.

ii) Any person who contravenes the provision of this by-law shall be guilty of an offence.

14. Every grave shall be of a perpendicular depth of not less than six feet or such lesser depth as has been approved by the Medical officer of Health.

15. It shall be an offence to be in the cemetery at times not prescribed by the Council.

16. Any person who is guilty of an offence under this By-law shall be liable to a fine of three thousand shilling or imprisonments for a term not exceeding six months, or to both such fine and imprisonment.

17. The cemetery shall be open to the public only at prescribed times set by the Council.

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Made this…………………………..…………………day of……………………….…20…………

By order of Town Council of Karuri

……………………………………………………..PATRICK WANYOIKE MWAURA

TOWN CLERK




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FIRST SCHEDULE (BY-LAWS) (I)TOWN COUNCIL OF KARURI

BURIAL PERMIT

Permission is granted to………………………………………………………………………………..

To bury in grave No…………………………………………………………………………………...

The Body of……………………………………………………………………………………………

Name of deceased……………………………………………………………………………………...

Age of deceased………………………………………………………………………………………..

Cause of death…………………………………………………………………………………………

Date of birth……………………………………………………………………………………………

Police burial permit No………………………………………….Date………………………………..

Death certificate issued by……………………………………………………………………………..

On……………………………………………………………………………………………………...

Fee paid……………………………………………………………… …………………………

……………………………………………..PATRICK WANYOIKE MWAURA

TOWN CLERK

Approved this………………………………………..day of…………………………………….2009

HON. MUSALIA MUDAVADIDEPUTY PRIME MINISTER


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SECOND SCHEDULE (BY-LAWS) FEES & CHARGES

ITEM SHS

(i) Adult………………………………………. 10, 000

(ii) Child……………………………………… 5, 000

The Council may prescribe new fees from time to time.

Made this…………………………..…………………day of……………………….…20…………By order of Town Council of Karuri


TOWN CLERK


HON. MUSALIA MUDAVADI,DEPUTY PRIME MINISTER


25


IN EXERCISE of the powers conferred by Section 163 and 201 of the Local Government Act Cap 265, of the Laws of Kenya, the Town Council of Karuri hereby makes the following By-laws:

THE TOWN COUNCIL OF KARURI(LICENSING OF TRADES, PERMITS, OCCUPATIONS AND PREMISES)

BY-LAWS 2009

1. These By-laws shall be cited as the Town Council of Karuri Citation(Licensing of Trades, Occupation and Premises) By-laws, 2009.

2. In these By-laws: Interpretations

“Council” means the Town Council of Karuri“Clerk” means the person for the time being performing duties of the Town Clerk of the Council.“Inspector” means a person authorized in writing by the clerk to be an inspector for the purpose of these By-laws, and includes the Enforcement Officer of the Council.“Licensee” means the holder of a valid occupation or premises Business Permit.“Licensing Officer” means the Clerks or any other person appointed by the Clerk to be a licensing officer for the purposes of these By-laws.“Premises” includes any land, building, room, structure, tent, van or vehicle used or intended to be used for carrying on any trade or business“Township” means the area for the time being within the jurisdiction of the Council

3. A person desirous of obtaining permit shall make application in Applicationswriting to the Council stating the kind of trade or business or of Businessoccupation he wishes to deal with and on what premises he is going permitto trade in.

4. The fees payable for Business Permit under the provisions of these FeesBy-laws shall be the fees shown in the Single Business Permit schedulethat the Council may determine from time to time.

5 i) No person shall engage in any trade or occupation in the township TradingWithout a valid business permit issued by the Council authorizing without permithim or her to do so.

ii) Any person who contravenes the provisions of paragraph (i) of the By-law shall be guilty of an offence.

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6 i) The Business Permit shall be issued on a prescribed form shown in the first schedule of these by-laws.

ii) A Business Permit shall specify the premises on which licensee may conduct the trade or occupation and where a trade or occupation is conducted at more than one premises a separate permit shall be required for each premises.

7. i) A permit issued under these By-law shall at all times be displayed in a conspicuous prominent place in the premises or the vehicle on which the trade or occupation is normally pursued.


8. i) A permit issued under these By-laws shall not be transferred from the premises to which it was issued without the consent of the Council

ii) A permit issued under these By-laws shall not be transferred to another township.

iii) Any person who contravenes the provisions of these By-laws shall be guilty of an offence.

9. A permit granted under these By-laws shall not be for a longer period than one year and such a permit shall expire on the 31st December of the year in which it was issued.

10 i) No licensee shall conduct a trade or occupation other than the one shown on the single business permit.

ii) A licensee who wishes to change his trade or occupation or have additional trade or occupation shall make an application to thecouncil on the prescribed form set as Form “B” in the SECOND schedule of these By-laws.

iii) A person who contravenes the provisions of these By-laws shall be guilty of an offence.

11 i) No owner of a building or premises used in trade or occupation within the township, shall sub-let such building or premises or any part thereof without the consent of the Council.

ii) The owner of a building or premises who wishes sub-let his building or premises as shown in paragraph (i) of these By-laws shall make an application in Form “C” of the THIRD Schedule of these By-laws.

iii) Any person who contravenes the provisions of these By-laws shall be guilty of an offence.

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12 i) An Inspector, Revenue officer, enforcement officer or any other officer of the Council appointed by the Town Clerk, may inspect any premises to ascertain that the provisions of these By-laws are being complied with, and arrest any offender of these By-laws and to be dealt with according to law.

ii) Any person who willfully obstructs a police officer or any officer of the Council in the execution of his duty shall be guilty of an offence.

13. Any person who is guilty of an offence under these By-laws shall be liable to pay the permit, penalties, interest and fine not exceeding ten thousand shillings or to imprisonment for a term not exceeding six months or to both such fine and imprisonment.

14. All offences against these By-laws shall be recognizable to all police officers.

15. (a) In case of an officer is not available Council will serve notice for intention to prosecute, BOND to appear in court by hand delivery or by post or pinned on the door of the premises.

(b) By forwarding it by prepaid registered post address to that person(s) at his usual or last known address.

(c ) By leaving it at the usual or last known place abode of that person(s) and in case of a company at the registered office.

Made this…………………………..…………………day of……………………….…20…………



TOWN CLERK


HON. MUSALIA MUDAVADI,DEPUTY PRIME MINISTER


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THIRD SCHEDULE

FORM C

THE TOWN COUNCIL OF KARURI

To the Town ClerkTown Council of KaruriP.O. Box 109Karuri

RE: APPLICATION FOR SUB-LETTING

Name……………………………………………………………………………………………….......

Address………………………………………………………………………………………………...

Name of Ward…………………………………………………………………………………………

Name of Sub-tenant……………………………………………………………………………………

Plot No…………………………………………Block………………………………………………..

Type of Business………………………………………………………………………………………

Proposed businessSignature of applicant(s)

1. ………..................................................................................................................................

2. …………………………………………………………………………………………………

3. …………………………………………………………………………………………………

4. …………………………………………………………………………………………………

Date…………………………………………………………………………………………………….Remarks by the Works, Town Planning, Education, Housing and Social Service Committee

………………………………………………………………………………………………………....

…………………………………………………………………………………………………………Recommended/Not Recommended

Date…………………………………………… Recording Officer……………………………...

29

TOWN COUNCIL OF KARURI

GRANTSTHIS

SINGLE BUSINESS PERMITto

………………………………………………………….…..

TO ENGAGE IN THE ACTIVITY OF

………………………………..……………………………..Having paid a Single Business Permit Fee

Of

Business under this permit shall exclusively be conducted at

……………………………………..……………………………..

Plot No…………………………..………………………………

Telephone………………………..………………………………

As From………………………………and until……………….

…………………………………….. ………………………Stamp and Signature Date Issued

Treasurer of Karuri Town Council

Notice: Granting this Permit Does Not Exempt the Business identified above from complying with current regulations on Health and Safety as established by the Government of Kenya and the Town Council of Karuri.

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SinglePermit

No.

KSHS


IN EXERCISE of the powers conferred by Section 202 of the Local Government Cap 265, Section 72(J) of the Traffic Act (Cap. 403), and Transport Licensing Board (TLB) regulations thereto, the Town Council of Karuri hereby makes the following By-laws.

THE TOWN COUNCIL OF KARURI(OMNIBUS STATIONS AND PARKING PLACES)

BY-LAWS 2009

1. These By-laws shall be cited as the Town Council of Karuri Citation(Omnibus Station and Public Places) By-laws 2009.


“Council” means the Town Council of Karuri.“Clerk” means the person for the time being holding the office of Town Clerk of Town Council, or any other person authorized by the Clerk in writing to act on his behalf, for the purposes of these By-laws.“Bus” means a public service vehicle having seating capacity of not less than three passengers for hire or reward, whether or not such vehicle is licensed to be a public service vehicle“Bus Station”means station provided by the council within its jurisdiction, affording facilities for the arrival and departure of buses.“Park” means to draw up a vehicle and leave the same stationery in the streets or other public places, for a period exceeding five minutes.“Vehicle” means any motor vehicle, motorcycle, tractor, trailer, wagon, cart, or pedal cycle.“Owner” means the registered owner of the vehicle, and will include the driver at the material time.

3 i. All bus stations and parking places shall under the control of Bus station/the Council which shall appoint a parks supervisor or any parking Placeother officer(s) to secure the effective control and propertyof these bus stations and parking places. of the Council

ii. No person or a group of persons shall hinder a licenced bus operator from carrying on with his trade within a bus station or solicit money or favour(s) purporting to assist or allocate a parking space of an opportunity to trade.

iii. a) No driver of a bus, when carrying passengers for hire or Place of starting reward shall, without prior written permission of the Clerk, and start or terminate any journey at any place other than at Terminatingthe designated bus station. Journey

b) Any person who contravenes this By-law shall be guilty of an offence.

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4 i) No bus whilst being plied for hire or reward, shall without Parking placeprior permission of the Clerk, be parked in any place other than a bus station.


5 When six or more persons are waiting to enter a bus at a bus Persons to station, they shall form a queue. Any person who enters or attempts wait into enter the bus ahead of any person in such a queue shall be guilty a queueof an offence.

6 i) No person who is at a bus station shall:

a) Willfully and unreasonably impeded any other person seeking to enter a bus or alight there from or,

b) Willfully and unreasonably obstruct or impede any authorized person in the performance of his lawful duty.

c) Play games, perform plays, preach, shout, tout in anattempt to procure passengers.

ii) Any person who contravenes this By-laws shall be guilty of an offence.

7. i) An owner of a vehicle shall pay to the Council, the Fees to be appropriate fees prescribed in the fees and charges schedule paidfor the bus station. to the Council

ii) For the purposes of this By-law any bus driven into any bus station shall be deemed to be using the bus station, if the bus is not driven into bus station in any emergency or other reasonable compelling circumstances and for a reasonable time.

iii) Subject to paragraph (ii) of this By-law, any person who drives a bus into a bus station when the fee due in respect thereof has not first been paid shall be guilty of an offence.

8 i) The Council shall provide parking places and may prohibit the Council toparking of vehicle on roads and other appropriate places providewhenever it is necessary to do so. Parking

placesii) Any person who draw up or parks any vehicle on any road

otherwise than in circumstances outside his control;

a) When parking is prohibited, orb) Otherwise than in accordance with a parking sign or,

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c) For a period longer than twenty minutes, shall be guiltyof an offence.

9 i) No person shall park, construct, repair, disassemble, Repair Parking causeassemble, wash, polish or clean any vehicle or part thereof construction,

in any parking place of in a bus station. etc not to

ii) Any person who parks an immobile, defective or ground a obstructionvehicle in a parking space shall be guilty of an offence.

iii) Any person who contravenes this By-law shall be guilty of an offence.

10 i) No person shall park any broken down vehicle in any Parking ofparking place or bus station or road so as to cause any public brokennuisance or obstruction except in an emergency and in such Down vehiclea case, the vehicles shall be removed from the parking place, Grounded public parking or road or bus station as soon as possible. Vehicles

ii) Any person who contravenes this By-laws shall be guilty of Hand-Cartsan offence.

11 i) The Council may impound a vehicle whose owner contravenes these By-laws. Such vehicle shall be impounded and detained for a maximum of four hours and be released upon payment of an impounding fee as set out in the approved fees and charges schedule for the time being in force.

ii) Where the owner of a bus upon contravention of these By-laws refuses neglects and is not available to willingly drive the bus to the designated impounding station, the Town Clerkor authorized officer and order the bus/matatu to be towed to the impounding station and towing charges shall be paid by the owner of the bus/vehicle and also the applicable daily fees.

12 Any person who contravenes this By-laws shall be Penaltyliable to:

i) In the case of a first conviction of each offence, to a fine not exceeding four thousand shillings, or imprisonment for a term not exceeding two months, or both such fine and imprisonment.

ii) In case of a second or subsequence conviction for such offence,

to a fine not exceeding Ten thousand shilling, or an imprisonment for a term not exceeding four months, or to both such find andimprisonment.

iii) Any notice or other document required or authorized by or under these By-laws to be served on any person may be served either:

33

a) By delivering it to that person; orb) By leaving it at his proper address ofc) By registered post addressed to him at his proper address.d) By pinning or pasting it on the vehicle, building, shed or

Public notice board.

Made this…………………………………………..day of……………………..…….20…………..By order of Town Council of Karuri

………………………………………………………………….PATRICK WANYOIKE MWAURA

TOWN CLERK

Approved this…………………………………….day of……………………...………20…………

…………….…………………………………………………………………………………………HON. MUSALIA MUDAVADI,DEPUTY PRIME MINISTER


34


IN EXERCISE of the powers conferred by Section 201 of the Local Government Act, the Town Council of Karuri hereby makes the following By-laws:

THE TOWN COUNCIL OF KARURI(GENERAL NUISANCE)

BY-LAWS 2009

1. These By-laws shall be cited as the Town Council of Karuri Citation(General Nuisance). By-laws 2009.



“Game Animal” means an animal specified in the first schedule to the wildlife (Conservation and Management) Act: Cap. 376

“Medial Officer of Health” means the medical officer of Health for the time being in charge of the district.

“Poultry” means includes crawls, turkeys, geese, ducks and chicken.

“Public Street” means street maintainable by the Council and includes any land reserved for use as a street, and any open space to which the public has access:

“Town” means an area administered by the Town Council of Karuri:

“Town Clerk” means the person for the time being holding the office of the Town Clerk of the Council his deputy and any other officer of the Council authorized by the Town Clerk in writing for the purpose of these By-laws.

“Town Engineer” means the person for the time being holding the office of the Town Engineer or the Superintendent of works of the Council.

“Vehicle” means motor vehicle, motor lorry, motor cycle, taxi-cab, trailer, tractor, wagon, hand cart, bicycle or tri-cycle.

PART II – GENERAL NUISANCE

3. Any person:

a) In any street or in any shop, business, premises or other place Noisyadjoining any street which the public are admitted; musical

instru-

35

b) Upon any premise, plays, operates, causes or allows to be played mentsor operated any musical instrument, wireless, loud speaker, microphone,amplifier or similar or is so loud, continuous or repeated to constitute a nuisance to the occupants or inmates of any premises in the neighbourhood or to passers-by on a public street shall be guilty of an offence.

Provided that no prosecution shall be instituted against any person for any offence under this By-law in respect of any premises referred to in paragraph (b) of this By-law unless it remains unabated after the expiration of two days from the date of the service on such person of a notice signed by the Town Clerk notifying him of the nuisance.

4 Any person who, in connection with any building operations, Noisydemolition or road construction work, causes or allows to be buildingcaused noise which is so loud, continuous or repeated as to operationsconstitute a nuisance to the occupants of any premises in neighbourhood, shall be guilty of an offence.

1. Any person who installs, maintains or uses or permits the installation, maintenance and use in any premises within the Noisy

andthe town or industrial of light industrial zones as specified in obnoxiousthe By-laws of the Council for the time being in force, any tradesmachinery instrument or appliance which by reason of noise,smoke, dust, fumes or gases or smell be or become a nuisance,discomfort or annoyance to the persons living in the neighbourhood shall be guilty of an offence.

2. Any person who uses any animal watering trough or any water Misuse offountain erected in any public place for the purpose of ablutions wateringor the washing of clothes or any other articles shall be guilty of troughs andan offence. Fountains

3. Any person who: Kite Flying

a) Flies or permits any kite to be flown in any place traversed Nuisanceby over head electric cables or throws or permits to be in publicthrown any string, rope or wire, within the vicinity of any placesoverhead electric cables; commits a nuisance in public places, shall be guilty of an offence.

b) Commits a nuisance in public place, shall be guilty of an offence.

4. i) Any person who erects or authorizes the erection of any Erection of

barbed wire alongside a street without the prior written barbed wire

36

consent of the Town Clerk shall be guilty an offence. Prohibited

ii The Council may serve a notice upon the owner/occupier of any land or building upon which any barbed wire hasbeen erected in contravention of paragraph (i) of this By-lawrequiring such a person, within the period; specified in suchnotice, to remove the barbed wire.

iii Any person who fails to comply with the requirements of a notice served in accordance with paragraph (2) of this By-law shall be guilty of an offence.

5. Any person who, without lawful authority, deposits or causes or Deposit ofpermits to be deposited any soil, refuse or debris on any and in rubbishthe town shall be guilty of an offence.

6. Any person who keeps within the town any animal or poultry Nuisance

Which causes a nuisance to any of the residents in the by animals neighbourhood shall be guilty of an offence,

Provided that no prosecution shall be instituted against any person for an offence under this By-law, unless such nuisancebe continued after the expiration of two days from the date of the service on such person of a notice signed by the town Clerk notifying him of the nuisance.

7. i) Any person who except with the written permission of the GameTown Council and subject to such conditions as he may animalsdeem fit keeps within designated Township a game animal, a reptile (other than a lizard).

.ii) Any person who has under his control or in his custody:

a) Any game animal, a reptile, an ass, mule, ox, bull, cow, goat, camel, sheep or pig which is a nuisance to any of the residents of the area; or

b) Any animals, reptile, poultry or bird which wonders on street in such a manner as to cause an obstruction to traffic shall be guilty of an offence.

iii) Any person who except with written permission of the Town clerk and subject to such conditions as he may deem fit, permits any animal to graze within the town shall be guilty of an offence.

PART III – ROADS AND STREETS

37

8. i) Where, in the opinion of the Council any hedge, tree or other Encroachinggrowth is so placed or in such condition as: hedges and trees

a) To be a danger to any person or vehicle using a public street, or

b) to interfere with:

i) The view along any public street, or from one public street into another:

ii) The use of the public street by pedestrian or vehicular traffic, the Council may serve a notice on the owner or occupier of the land on which hedge, a tree or other growth is situated requiring him, within such period or time, not being less than fourteen days as shall be specified in such notice, to cause the hedge, tree or other growth to be lopped, trimmed or removed

iii) Any person who fails to comply with the requirements of a notice served in accordance with paragraph (I) of this By-law shall be guilty of an offence.

iv) Without prejudice to any prosecution which may be instituted under paragraph (II) of this By-law, the Council may, on expiration of the period specified in a notice served under paragraph (I) of this By-law, enter upon any land owned or occupied by the person upon whom such notice was served and execute any of the work specified in the notice any expenses incurred by the Council in so doing shall be recoverable from such a person as a Civil debt

9. i) Any person who without lawful authority of the consent Encroaching

of Town Clerk given in writing, erects of permits the structureserection of any structure in such a position that it is cited in or, protrudes over a street shall be guilty of an offence.

ii For the purposes of this By-law “structure” includes a machine, pump, post or other object capable of causing a obstruction to a passenger or a vehicle in a street.

iii The provision of this By-law shall not apply to any structure approved by the Council under any By-laws of the Council for the time being in force

10. i) No person shall attach, hand or erect or permit the Projectionsattachment, hanging or erection of any object to, from or alongside any premises in such a manner that is protrudes over or into a street without a license so to do from the Council or otherwise than in accordance with any condition attached.

38

ii) A license issued under this By-law shall expire on the 31st day of December in the year in respect of which it is issued.

iii) There shall be payable to the Council at the time of issue of a license issued under this By-law the appropriate fee prescribed in the approved fees and charges.

iv) The Town Clerk may serve a notice on the owner or occupier of any premises to, from or alongside which an object has attached, hung or erected in contravention of paragraph (i) of this By-law requiring the removal of that object within a period specified in such offence.

v) Any person who contravenes or fails to comply with the provisions of this By-law or any conditions attached to a license issued there under or a notice served under the provisions of paragraph (IV) of this By-law shall be guilty of an offence.

vi) The provisions of this By-law shall not apply to an advertisement licensed or permitted under any By-law of the Council for the time being in force, or to any structure approved by the Council under any such By-laws.

11. i) If, in or any land adjoining a street, there is an unfenced Source ofor inadequately fenced source of danger to persons using the dangerstreet, the Council may by notice to the owner or occupier of the land, require him within such time (not being less than seven days) as may be specified in the notice to execute such work of repair, protection, removal or enclosure as will obviate the danger.

iii) Any person who fails to comply with a notice served in pursuance of paragraph (i) of this By-law within the specified time in such notice, shall be guilty of an offence.

12. i) Any person who:a) In any way willfully obstructs the free passage along

any street; Damageb) Pulls down, destroys, obliterates, defaces, displaces or and

removes any property of the Council on or near a public obstructionsstreet;

c) Damages or destroys a tress, shrub, flower, plant or grass on land forming part of a public street;

d) Disturbs, damages, or destroys any barrier, fence or other erection or any trestle, lampstone or other material place on a public street by or by order of the Council;

39

e) Wilfully or negligently pulls down, damages or destroys any lamp standard or bollard in a street or damages or removes any bulb or fitting attached thereto.

f) Digs, or in any other way breaks the surface of public street without the written permission of the town Engineer, shall be guilty of an offence.

13. Any other person, without lawful authority, defaces any building Defacingby writing, signs or other marks thereon shall be guilty of an buildingsoffence.

14. i) Any person who paces or allows or causes to be placed or left Obstructionsany vehicle or article or material in a public street in such a manner that it causes or is likely to cause an obstruction to persons or vehicles using the street shall be guilty of an offence.

ii) The Council may remove any vehicle, article or material which has been placed, or left in a street is contravention of this By-law and impound the same.

iii The owner of a vehicle, article or material removed from a public street centre under this By-law shall not be entitled to recover the same until he has paid to the Council, in the case of a motor vehicle in case of any other vehicle or article or material the appropriate fees prescribed in the approved fees and charges in respect of each twenty four hours or part thereof that the vehicle, article or material has been impounded, together with, in case of a motor vehicle, the sum spent by the Council in respect of the expenses incurred in removing and impounding the same:

Provided that if such owner does not pay the fees and expenses due within a period of sixty days from the date the vehicle, article or material was impounded by the Council may sell or otherwise dispose of the same and the proceeds of such sale or disposal, if any shall be set against the fees and expenses incurred by the Council in removing or disposing of the vehicle or article or material.

15. Any person who in any public street place:a) Ignites any fireworks;b) Without the permission of the Town Clerk in writing and

for the purpose of hawking, selling, distributing or advertising any article or even shouts or uses any bell, or other noisy instrument or loudspeakers;

c) Without the permission of the Town Clerk, draws, wheels or drives any vehicle or carries any board or places solely or chiefly for the purpose of exhibiting advertisement;

d) Without the permission of the Town Clerk in writing and for the purpose of advertising distributes any bill or other paper;

40

e) Without the lawful authority defaces the footway or roadway by writing or other marks;

f) Places or deposits and leaves any glass, china, earthenwire, carton, paper, sawdust or other rubbish so as to create or tend to create litter.

g) Throws down or leaves any orange peel, pineapple peel, banana skin, or other substances likely to cause a person to fall down;

h) To the inconvenience of danger of any person, carries or convoys any bag of lime, charcoal or the offensive material, timber or any pointed or edged tools or implements not properly guarded.

i) Plays any game in such a manner as to cause likelihood of damage to property, or danger to any person;

j) Rides, drive or propels a vehicle on a foot path, spits on any foot path or blows his nose other than into a suitable cloth or tissue;

k) Spits on any foot path or blows his nose other than into a suitable cloth or tissue;

l) While being in charge of any dog, allows such a dog to foul any footway;

m) Except in the case of emergency, sounds any motor horn, cycle bell or similar warning instrument;

n) Without the consent of the Town Clerk, lights or maintains or suffers to be lit or maintained any fire or brazier;

o) In the central area as defined in any By-laws of the Council for the time being in force, rides or dries any animal on a foot-path;

p) Washes any vehicle or except in the case of emergency, without the permission of the Town Clerk in writing, repairs or dismantles any vehicle shall be guilty of an offence.

16. Any person who drives or permits to be driven any vehicle (bus/car/lorry/ VehicleOmnibus/cart/bicycle/tri-cycle/) so loaded that its contents or any part loadsthereof spill on the surface of a street shall be guilty of an offence.

17. Any person who loiters on any Council property other than a loiteringstreet or residential property without lawful authority shall be guilty of an offence.

PART IV – CARRIAGE OF FOOD

18. In this part “open food” means food not contained in a container of definitionsuch material and so closed to exclude all risks of contamination. of open

food

19. i) Any person who in a street:- in connection with any trade or Convey-business, conveys in or on a vehicle or who permits to be ance of conveyed any open food in a manner likely to involve the risk open foodof contamination shall be guilty of an offence.

ii The owner of any open food which is carried in a vehicle incontravention of paragraph (i) of this By-law shall be guilty of

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an offence

20. i) Any person engaged in the handling, storage or conveyance Personalof open food in connection with any trade or business shall cleanlinesswhilst so engaged:

a) keep as clean as may be reasonably practicable all parts of his person which are likely to come into contact with food

b) Keep as clean as may be reasonably practicable all parts of his clothing which are likely to come into contact with food:

c) Refrain from spitting or blowing his nose otherwise than into a suitable cloth or tissue;

d) Refrain from smoking;e) If the food be meat, wear a clean white garment of the colour

and pattern approved by the Medical officer of health

ii) For the purposes of this By-law “meat” includes offal and the flesh of birds.

iii) Any person who contravenes or fails to comply with any of the provisions of paragraph (i) of these By-law shall be guilty of an offence.

21. i) Any person who has in his possession or under his control for the Uninspec-purposes of sale any meant or poultry which has not been inspected ted meatat a designated place as defined by the Public Health (Meat Inspector Cap.242and marked as having been so inspected, shall be guilty of an offence. (sub.Leg.)

ii) For the purposes of this By-law;

a) “Public health officer” means a person appointed as such by the Council or any other body lawfully authorized to make such appointments;

b) Any meat or poultry in any shops, stall, hotel, restaurant, eating house, snack bar or other catering establishment shall be deemed, unless the contrary is proved to be therein for the purpose of sale.

PART V – MISCELLANEOUS PROVISIONS

22. i) Except where otherwise specifically provided in these By-laws, Noticesany notice, permit or consent which the Council is authorized or required to give may be signed on behalf of the Council by the Town Clerk or by such officer of the Council duly authorized by him/her to sign such notice or consent.

ii Any such notice, permit or consent purporting to bear the signature of the Town Clerk shall for the purpose of these By-laws be deemed, until the contrary is proved, to have been duly issued by the Council.

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iii Any notice or other document required or authorized by or under these By-laws to be served on a corporation shall be duly served if served on the secretary or other principal officer of the corporation

iv) Where any premises are jointly owned or occupied by more than one person a notice required or authorized to be served or by or under these By-laws in respect of such premises shall be duly served if served in accordance with these By-laws on one of these persons.

v) Any notice or other document required or authorized by or under these By-laws to be served on any person may be served either:

a) By delivering it to that person; orb) By leaving it at his proper address ofc) By registered post addressed to him at his proper address.d) By pinning or pasting it on the vehicle, building, shed or

Public notice board.

vi) For the purpose of these By-laws, the proper address of any person shall, in the case of a corporation be that of the registered or principal office of the corporation, and in any other case, by usual or last known place of abode or business of the person on whom the notice is to be served.

vii If the same or the address of any owner or occupier of premises upon whom any notice is to be served cannot, after reasonable inquiry, be ascertained the notice may be served by the description of the “owner” or “occupier” of the premises (describing them) to which thenotice relates, and by delivering to some responsible person occupying or appearing to occupy the premises, or fixing it, or a copy of it, to some conspicuous part of the premises.

23. i) Any person who is guilty of an offence under the By-laws shall be Penaltiesliable to pay all Council charges, penalties and a fine not exceeding, four thousand shillings or to imprisonment for a term not exceeding six months or to both such fine and imprisonment and, if the offence is of a continuing nature, to a further fine not exceeding fifty shillings for every day or part of a day during which such offences shall continue, provided that the total amount of any such fine shall not exceed four thousand shillings.

ii) Any person who fails to comply with the requirements of any notice served under these By-laws within the time specified by such notice shall be guilty of an offence and shall be liable to the penalties specified in paragraph (i)

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………………………………………………………………….PATRICK WANYOIKE MWAURA

TOWN CLERK


…………….…………………………………………………………………………………………HON. MUSALIA MUDAVADI,DEPUTY PRIME MINISTER


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IN EXERCISE of the powers conferred by Section 118A of the Traffic Act, the Town Council of Karuri hereby makes the following By-laws:

THE TOWN COUNCIL OF KARUI(TAXI – CAB)

BY-LAWS 2009

PART I – INTRODUCTORY

1. These By-laws may be cited as the Town Council of Karuri (Taxi-cab) Citation

By-laws 2009.

2. In these By-laws, unless the context otherwise requires: Interpretation


“License” means a valid license issued under By- Law 6.

“Owner” means the person in whose name a Taxi-cab or prospective Taxi-cab is registered under part II of the Traffic Act and in relation to a vehicle which is the subject of a hire purchase agreement.

“Passenger” means a person carried in a vehicle for hire or reward.

“Ply for hire” includes: (i) Standing on any Taxi-Rank.(ii) Standing or travelling whilst exhibiting a

“For Hire” notice or any other word or sign implying that the vehicle is a Taxi-cab.

(iii) Being offered for hire by any notice, advertisement or announcement.

Sealed” means sealed by an Officer of the Council duly authorized by Town Engineer so to do.

“Taxi-cab means any public service motor vehicle constructed or adapted to carry not more than seven passengers, exclusive of the driver which is licensed to ply for hire or reward.

“Taxi-Rank” means any one of the places prescribed by the Council under By-law 23.

“Town” means the Town Council of Karuri

“Town Clerk” means the person for the time being holding the office of the Town Clerk of Karuri and includes the Assistant Town Clerk.

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“Town Engineer” means the person for the time being holding the office of Town Engineer of Karuri.

“Vehicle” do not include a motor omnibus as defined by Section 2 of the Traffic Act.

3. These By-laws shall apply to a Taxi-cab and its owner and the driver of Application any vehicle who permits such vehicle to ply for hire as a taxi cab and

the driver of any vehicle as a Taxi-cab.

PART II LICENSES

4. (i) The licenses which may be issued under these By - Laws are:

(a) A taxi-cab license; and,(b) A taxi-cab driver’s license.

(iii) Subject to By-law 6, a license shall expire on the 31st December in the year for which it is issued.

5. (i) An application for a taxi-cab licenses shall be made in the form Application provided in that behalf by the Town Clerk and shall be signed for license

by the owner.

(ii) Any application for a taxi-cab driver’s license shall be made in the form provided in that behalf by the Town Clerk and shall be signed by the applicant.

(iii) An application form shall be completed in theEnglish language and the Town Clerk may refuse to accept an application form which is not correctly completed.

(iv) An application form shall be delivered to the Town Clerk at least two months before the date on which the license is intended to take effect.

(v) The application should be accompanied by a Certificate of good conduct.

6. (i) On application being made in accordance with By- Law 5, the TownClerkTown Clerk shall, subject By-law 7 and By-law 13, and after to issueconsultation with the Police as regard Section 96 (3) (f) of the Traffic LicenseAct, issue a license, be in the form specified in the first schedule and, in the case of a taxi-cab driver’s license, be in the form specified in the schedule.

(ii) The Town Clerk shall issue, conditions he deems fit

in addition to the license in respect of which application is made.

(iii) The Town Clerk may cancel or refuse to issue a taxi-

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cab driver’s license if the applicant has been convicted of an offence against the Traffic Act of these By-laws.

7. (i) The Town Clerk may, with the consent of the holder thereof, transfer a taxi-cab license from the holder to another upon

payment of transfer fee prescribed in the fees and charges in use.

(ii) No license shall be currently transferred so as to apply to a vehicle other than that in respect of which the original application was made and the licensee.

8. (i) A taxi-cab license issued to a body corporate shall be issued in the name of the body to the secretary thereof.

9. (i) An application for a duplicate license or license plate Duplicate or badge shall be made in writing to the Town Clerk and shall set forth licensedetails of the lost license, plate or badge, as the case may be, and the or platemanner in which the same was lost or destroyed.

(ii) The Town Clerk shall, if satisfied as to the facts,disclosed in the application referred to in paragraph (i) of this By-law, and on payment of the fee prescribed in the fees and charges in respect of taxi-cab license or taxi-cab driver’s badge, issue duplicate thereof.

10. (i) In the event of the death, bankruptcy, unsoundness of mind or absence Power to from Kenya of a person holding a tax-cab license shall be lawful for the carrypurpose of these by-laws subject to by-law 7, for the window, businessexecutor, an administrator, trustee or manager to carry on until the end of the year in respect of which the license has been issued that business of such license without any transfer or grant of new license.

(ii) Any person permitted to carry on a business under paragraph (i) shall posses all the rights and be liable to all the duties and obligations of the original license under these by-laws.

11. (i) The Council may be resolution limit to the number taxi-cabs which Limitation

may operate within the Town at any time during the next ensuing year, onand the Town Clerk shall not in that year issue any taxi-cab is excess of of taxi-of the number contained in such resolution or any amendment thereto. cab number

(ii) The Town Clerk shall, within 14 days of its adoption by the Council, cause any such resolution or amendment as is mentioned in paragraph (i) to be published in a newspaper circulating within the Town.

PART III – PROVISIONS APPLICABLE TO TAX-CABS

13. (i) An owner shall, when so required in writing by the Town Clerk, cause his taxi-cab to be produced for examination. Provided that, subject to the provision in paragraph (v), no taxi-cab, having been examined and

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certifies as fit for use as a tax-cab, shall be required to be re-examined within a period of three months from the date of such certification.

(ii) The Town Clerk may, on the advice of the Town Engineer after such examination, suspend the license in respect of any taxi-cab until such time as the vehicle is, in the opinion of the Town Engineer, if fit in all respects to be used as a taxi-cab.

(iii) There shall be paid to the Council at the time for eachsuch examination, as referred in paragraph (i) the appropriate feesas will be stipulated in the fees and charges in force.Provided that if a vehicle necessary to be examined two or more times before it is satisfied by the Town Engineer as being fit for use as taxi-cab, the appropriate fee prescribed in the third schedule to these By-laws shall be payable by the owner for each examination subsequent to the first.

(iv) Any owner who:

(a) Contravenes or fails to comply with this by-law; or(b) Permits the vehicle to be on hire or ply for hire whilst the license

relating thereto is suspended, shall be guilty of an offence.

14. An owner and driver of a taxi-cab shall cause to be exhibited in such vehicle in a position clearly visible to a passenger the tariff card issued pursuant to paragraph (ii) of By-law (vi).

15. (i) An owner shall cause the license plate issued pursuant to the provision of paragraph (ii) By-law (iv) to be attached to the vehicle in such a

manner and positioned as the Town Engineer may direct.(i) Anyone who causes or permits a taxi-cab to be on hire or to ply for

without the plate referred to in paragraph (i) being attached hereto or with such plate so defaced that the figure of that, any figure or material particular thereon is illegal shall be \guilty of an offence against these By-laws.

(ii) An owner shall within seven days of the expiry of his taxi-cab license either by effluxion of time, surrender or cancellation under By-law 7 return to the Town Clerk the license plate referred to in paragraph (i).

16. (i) An owner shall in respect of a taxi-cab:

(a) Provide and maintain sufficient means by which any passengermay communicate with the driver.

(b) Cause the roof or covering to be kept water tight.(c) Provide and maintain any necessary windows and a means of

opening and closing no less than one window on each side.(d) Cause the seats to be properly cushioned and covered.(e) Cause the floor to be provided with a proper carpet, or other

suitable covering.

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(f) Cause the fittings and furniture generally to be kept in a clean condition, well maintained and in every way fit for public service.

(g) Provide and maintain adequate internal lighting with at least one switch so fitted as to enable a passenger to operate it.

(h) Provide and maintain adequate internal lighting with at least one light switch so fitted as to enable a passenger to operate it.

(i) Provide and maintain easily accessible means for a passenger to open at least one door on each side of the vehicle from the inside.

(j) Provide efficient fire extinguishers which shall be always maintained perfect order and shall be carried in such a position as to be readily available for use at any time.

(k) Provide first aid box with perfect medical equipment and medicines.

(ii) Any owner of a taxi-cab who causes or permits the vehicle to be on hire whilst paragraph (i) not complied with, shall be guilty of an offence against these by-laws.

(17) (i) Every taxi-cab shall have painted on the outside of both front doors of Identificationthe vehicle and affixed inside in a position plainly visible to a passenger, in legible letters and figures:

(a) The name of the owner and(b) The business address of the owner(c) The number of the license issued in respect of the vehicle

pursuant to by-law 6; and(d) The number of passengers the tax- cab is licensed to carry.

(ii) Any owner of a taxi-cab who causes or permits the vehicle to be on hire or the ply for hire on any such painting or sign as is mentioned in paragraph (i) so defaces that any letter or figure is legible, shall be guilty of an offence.

PART IV PROVISIONS APPLICABLE TO TAXI – CAB DRIVERS

18. (i) Every driver of a tax-cab shall, whilst in charge of the Drivers of taxi-cabs: taxi-cabs

(a) behave in a civic and orderly manner and take all responsible

precautions to ensure the safety of a person conveyed in, or entering into, such a taxi-cab and ensure the safety of the passenger’s luggage.

(b) Punctually attend with such taxi-cab at an appointed time and place if he is hired to be in attendance with such taxi-cab at the appointed time and place; unless he is prevented or delayed by circumstances outside his control.

(c) and subject to any directions given by the hire, when hired to

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drive to some particular destination, proceed to that destination by the shortest available route.

(d) not convey in the vehicle any greater number of passengers than the number for which it is licensed.

(e) be clean in person and clothing.

(f) Refrain from smoking or spitting whilst carrying a passenger.

(ii) Any driver of a taxi-cab who contravenes or fails to comply with this by-law shall be guilty of an offence.

19. Any driver who, when plying for hire; importunes any person to hire the Prohibiting vehicle by calling out or otherwise attracting their attention and make of Importuning use of the service of any other person for that purpose, shall be for faresguilty of an offence.

20. (i) The driver of a taxi-cab, when plying for hire in any street, shall;

(a) proceed with reasonable speed to a taxi-rank(b) if a taxi-rank, at any time of his arrival is occupied by the full

number of vehicles authorized to occupy it, proceed to another rank(c) when any other vehicle immediately in front is driven off or moved

forward, so as to fill the place previously occupied by the vehicle moved off or driven forward.

(d) when in front or in the next to the front position in a taxi-rank remains with the vehicle ready for hire.

(ii) Any driver who contravenes or fails to comply with this by-law shall be guilty of an offence.

21. (i) Subject to sub-paragraph (d) of the paragraph (i) of by-law 18, Refusal ofthe driver of the taxi-cab unless already on hire or returning passengers to the garage, shall not refuse to accept any person as a passenger unless;

(a) he believes on reasonable grounds that such person is suffering infectious or contagious disease; or

(b) he believes on reasonable grounds the acceptance of such person would result in damage to the vehicle or endanger himself or other passengers.

(ii) Any driver who contravenes or fails to comply with paragraph (i) shall be guilty of an offence.

22. Any driver of s taxi-cab who when on hire, accepts any other passenger Refusal ofor passengers without the consent of the original hirer, shall be guilty Passengers

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of an offence.

PART VI – MISCELLANEOUS

23. (i) The Council may by resolution designate an area to be a tax-rank. Position of Taxi-rank

(ii) The position of each tax-rank designated in accordance with paragraph (i) shall be indicated by a sign erected by the Council adjacent thereto and shall state the maximum number of vehicles authorized to occupy the rank.

(iii) Any person who parks a vehicle other than a taxi-cab shall be guilty

of an offence.

24. (i) An owner of a vehicle who permits such vehicle to be on hire to ply for hire within the Town whilst no license issued under by-law 6 is in force in respect of such vehicle shall be guilty of an offence.

(ii) Any person who shall;

(a) drive a vehicle on hire; or(b) apply for hire in a vehicle, whilst no license issued under

By-law 6 is in force in respect of such vehicle shall be guilty of an offence.

25. Any person who, not being the holder of a taxi-cab driver’s license Unlicensedissued under by-law 6 drives a vehicle whilst on hire or plying hire Drivershall be guilty of an offence.

26. For the purpose of any proceedings under by-law 20, a vehicle which Presumption without good and sufficient reason stands in the immediate vicinity as to plying

of a railway station, omnibus stop or taxi-rank for a period of more for hirethan ten minutes during any three days in any one period of seven consecutive days, shall, until the contrary is proved, be deemed to be plying for hire.

27. (i) Any person who is guilty of an offence under these by-laws be liable to a fine not exceeding two thousand shillings or to imprisonment of six months or to both such fine and imprisonment.

(ii) Any person who within any period of two consecutive years is twice convicted of an offence or offences against these By-laws shall be liable, in addition to any other penalty which the court may impose, to have his license cancelled by the Court may order that any such person shall be deferred from a license for a period not exceeding one year.

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FIRST SCHEDULE

License is hereby granted to ………………………………………………………………………………………………………..

…………………………………………………………………………………………………………

of …………………………………………………………………………………………………………

…………………………………………………………………………………………………………

To ply for hire within the taxi-cab hereunder described, in accordance with the TownCouncil of Karuri (taxi-cab) by-laws, 2009.

Make of vehicle …………………………………………………………………………………………………………

Registration of ………………………………………………………………………………………………………

Maximum number of passenger ………………………………………………………………………………………

Subject of the said by-laws, this license shall expire on 31st December 2 ………………………..


……………………………………………………………………………………………………….PATRICK WANYOIKE MWAURA

TOWN CLERK

Approved this……………………………...……….day of……………………...………20…………

…………….…………………………………………………………………………………………HON. MUSALIA MUDAVADI,

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DEPUTY PRIME MINISTER ANDMINISTER FOR LOCAL GOVERNMENT

LOCAL GOVERNMENT ACT (CAP 265)

In exercise of the powers conferred by Section 201 of the Local Government Act, Town Council of Karuri hereby makes the following by laws:-

THE TOWN COUNCIL OF KARURI(BUILDING)

BY-LAWS -2009

(1) These by laws may be cited as the Town Council of Karuri (Building) By-laws 2009.

(2) In this By-laws, unless the context otherwise requires:-

“Building” means any structure or erection and part of any structure or election of any kind whatsoever whether Permanent or movable, and whether completed or uncompleted and includes any boundary wall, screen wall, fence, hoarding or water or drainage work and any part thereof;

“Building operations” includes rebuilding operations, structural alterations or additions to building and other similar operations and the making of access roads, railways, water works, sewerage and drainage works, electronically and telephone installations and any road works preliminary to, or incidental to the erection of building;

“Advertisement” means any word, letter, devise, model, sign, placard ,board, notice or representation whether illuminated or not in the nature and employed wholly or in parts for the purpose of advertisements of proprietors article and without prejudice to the foregoing includes any hoarding or similar structure used or adapted for use for the display of advertisement and reference to the display of advertisement, references to the display of advertisements shall be constructed accordingly; provided that any advertisement is put inside a building or private properties shall not be included.

”Density” means the maximum amount of development permitted or the maximum number of persons permitted to reside, the case may be, on the any area of land;

Development” means

(a) The making of any material change in the use or density of any building or land or the sub-division of any land which for the purpose of this By-laws is classified as class “ A” development; and

(b) The erection of such buildings or works and the carrying out of such building operations, as the Minister may from time to time determine, which for the purposes of this By-laws is classified as class “B” development:

Provided that

(i) The carrying out of works for the maintenance of improvements or other alternation, of or addition to, any building where such alterations or addition does not exceed 10% of

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the floor area of the building measured on the date this by-law becomes applicable to the area in which that building or land is situated.

(ii) The carrying out by a competent authority of any works required for the construction, maintenance or improvement of a road, if the works are carried out on land within the road reserves;

(iii) The carrying out by the Council of any works for the purpose of inspecting, repairing or renewing any sewer, mains, pipes, cables or other apparatus, including breaking open of any street for that purpose and the installation of services by the Council; shall not constitute development for the purposes of this by-law; provided further that the Council within seven days, after completion of works carried out as in subparagraph (iii), restore the site to conditions that would not be injurious to users and the environment.

For the avoidance of doubt, it is hereby declared that for the purpose of this by-law

(a) The deposit of refuse, scrap or waste materials on land involve a change of use thereof;(b) The use as two or more dwellings of a building previously used as one dwelling constitutes

class “A” development;(c) The erection of more than one dwelling or shops or of both dwelling and shop on one plot

constitutes class “A” development;(d) The display of any advertisement constitutes class “A” development;(e) The use of any buildings land within the cartilage of a dwelling for any purpose incidental to

the enjoyment of the dwelling constitutes class “A” development;

“Council” means Town Council of Karuri.

‘Town Planner’ – means the Town Planner to the Council and includes any person duly authorized by him and by the Council to act on his behalf.

‘Drain’ – means any drain used for the drainage of one building only, of premises within the same cartilage and made merely for the purpose of communicating there from with a receptacle for drainage, or with a sewer into which the drainage of two or more buildings or premises occupied by different persons is conveyed.

‘Drainage work’ means the construction, installation or other work for the discharge, reception or disposal of sewerage in connection with any premises or of any waste pipe, truck, urinal, water closet,, stop hopper, sink, bath, lavatory basin, ventilation connected with the discharge of liquid or solid matter into any drain, sewer, cess pool, otherwise connected with the drainage of any premises.

“Dwelling wall” means an outer wall or vertical enclosure of a building not being a party wall, whether or not adjoin a wall of a another building;

“Foundation” applied to the building means the artificially formed portion of the structure which lies on the foundation bed and upon which the base or footing of any wall, pier, buttress, abutment, column or a vertical component of a building rests and through which the weight of building and its loads are distributed over the foundation bed;

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“Foundation bed” means the natural geological formation or solid ground at or over the bottom of the foundation trenches and on which the foundation is laid;

“Medical Officer of Health” means the medical of health of the Town Council of Karuri and includes any person duly authorized by him or the Council to act on his behalf;“Occupier” means any person in actual occupation of land or premises without regard to the title under which he occupies and in the case of premises subdivided and let to lodgers or various tenants the person receiving the rent payable by the lodgers or tenants whether on his own account or as agent for any person entitled there to or interested therein;

“owner” in the case of a free hold property means the persons owing such property and in the case of any property held under a lease for a period of not less the years or for the natural life of any person or which is renewable from time to time at will of the lessee indefinitely, or for period which together with the first period therefore amount in the aggregate to not less than ten years, means the person holding such property under such lease and includes any agent who receives rent or profit for any such persons, and any superintendent, overseer or manager of any such lease in respect of the holding on which he resides as such superintendant, overseer or manger;

“water Service Works” means the construction, installation, laying, connection, fixing and alteration of water pipes, fitting or installations or appliances used or to be used in connection with any building of which to the whole of part is used or intended to be used for human habitation.Erection of any building;

a. The erection of any addition to an existing building;b. The re-erection or alternations of any part of existing building;c. The re-erection of any building or part of a building when an external wall of that building

or part of building has been destroyed or pulled down or burned down or damaged wither wholly or partially’

d. The roofing over any space between walls or buildings;e. The changing of the purpose or purf. The using for human habitation of any building which has not been previously used for that

purpose;g. The increasing or the reducing of the number of dwellings or separate tenancies or

occupancies in a building;h. The using of any building in a manner different from that shown on the plan thereof

approved by Council whether or not it is proposed to execute any alterations or work in connection with the proposed change;

i. The carrying out of any water service or drainage work.

4. Building which is not a public building or dwelling and is not constructed to be used either wholly or partially for human habitation or a place of habitual employment of any person in manufacturing, trade or business but which is constructed for use exclusively in connection with any farm, ranch, tea, coffee or sisal or horticultural estates, shall be exempt for the operations of this by-laws if it:-

i is situated not less than ten (10) meters from any public road or road of access and not less than (2) meters from any building other than a building exempted under this by-laws and from the nearest boundary if any adjoining land and premises, and

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ii Is constructed on land not being within any residential, business, commercial or industrial area, or zone so determined by the Council.

4. Not withstanding anything contained in this by-laws the Council may by agreement grant permission for the erection of building where the materials used or the standard of construction and general appearances of the buildings are not regarded by the Council as consistent with good, slightly and satisfactory development, or which are temporary nature or for an occupancy of short duration. Any permission granted under these By-laws shall be upon such terms and conditions as the Council may prescribe. Any person who fails to comply with the terms, conditions and obligations contained in the agreement shall be guilty of an offence against these by-laws.

5. (I) Every person who proposes to erect a building on any land within the Town Council shall odge with the Clerk of Town Council of Karuri any application for approval by the Council of his proposals and the plans relative there to. Such application shall be made in the form prescribed in the Fourth Schedule of the Physical Planning Act(CAP 286) and shall contain written particulars relating to the following;-

(a) The purpose or purposes for which the building or erection will be used;(b) The number of dwellings or separate tenancies or occupancies to be provided in

the building;(c) The material of which the building will be constructed;(d) The mode of drainage and means of disposal of waste water, soil water, roof

water and other liquid;(e) The water supply;(f) In the case of Public building the number of persons to be accommodated in each

part thereof; the means and capacity thereof for ventilations and the provisions made for the safety of the Public;

(g) In the case of any building other than public building, the maximum number of persons to be employed and otherwise be accommodated in each part thereof;

(2) He /she shall also lodge with the Clerk to the Town Council, in triplicates or in the case of Factories in quadruplicates, or upon the request of Town Planner in such further number as may be required (one set at least of which must be of permanent blue prints made from a tracing in permanent ink), the following plans, sections, elevations and drawings delineated in a clear and intelligible manner and signed by the applicant or his duly authorized agent-

(i) A plan of every floor story

(ii) A drawing of each elevation;

(iii) Sufficient sections of the building or building from the foundations to the uppermost part of the structure to illustrate the construction thereon;

(iv)Such detailed drawings may be necessary or required;

(v) A block plan of building and site;

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(vi)A key plan showing the building and the site when it is not sufficiently identifiable from the block plan or as not properly shown thereon;

(vii) In the case of alterations and additions, sufficient drawings to show clearly the existing structure and arrangements and the proposed alterations and additions.

3) The Plans, elevation and sections shall be to a scale of not of not less than one is to the hundred (1.1000) or of the building is so extensive as to render a small scale necessary not less than one to two hundred (1.200), but in the latter case ample detailed drawings shall be provided to show clearly methods of construction. The block plan not shall not be to a scale of not less than one is one thousand (1.000) except where the area of the plot is in excess of two hectares in which case the block sufficient detailed shall be provided on other drawings to show clearly the sitting and layout of buildings and drainage thereof.

(4) There shall be shown:

(a) Upon the plans, elevations and sections-

(ii) The level of the site of buildings, the levels of the lowest floor of the building, the level of slope of any street adjoining the cartridges of the building in relation to one another and above some known datum, provided that the relationship between the level of the lowest floor and the level and slope of the street need not be known if the buildings is more than six meters away from the boundary of the street;

(iii) The position, form and dimensions of the foundations, walls, floors, roofs, chimneys and several parts of the building;

(iii) The position, form and dimensions of every water closets, urinal, pail closet, and water tank cistern to be constructed or installed in connection with the building.

(iv) Details of the proposed drainage work including the position form and arrangement of the several parts of the building to which such drainage work refers, the size, gradient materials and position of every drain; the size position and construction of every manhole, inspection chamber, septic tank, cess pool, storage tank, sewage filter installation or other work for the treatment, storage, reception or disposal of sewage or drainage; the size materials of every galley, soil type, waste pipe, ventilating pipe and rain water pipe, the position of every soil fitting and waste water fitting and the position of every soil fitting and waste water fitting and the position of all window and other openings into the building situated within a distance of six meters form the open end of every soil pipe, waste pipe and ventilation pipe.

(iv) The purpose or purposes of which each portion of the building will be used and the extent of each portion which will be separately occupied or tenanted;

(b) Upon the block plan-

(i) The Size of the position of the building and its appurtenances and the size and position of any existing building on the plot or sub-plot and the nature of their construction and use;

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(ii) The position of any buildings on any adjoining plots or sub-plot which are within fifteen meters from the plot or sub-plot on which on the proposed building is to erected, and the nature of their construction and used, and the building line or lines of the adjacent buildings;

(iii) The name, position and width of every street adjoining the cartilage of the building;

(iv) Any established, proposed or prescribed building line;

(v) The size and position of every yard and open space belonging to the building;

(vi) The position of every water- closets, urinal, pail, closet, latrine, well and water tank or cistern and every out- building in connection with the building;

(vii) The lines of drainage of the building, the size, the depth and inclination of every drain and the means to be provided for ventilation of the drain and the position of every manhole, inspection chamber, gulley, junction, bend, intercepting trap and connection with a sewer combined drain, septic tank or receptacle for drainage;

(viii) The position and level of the outfall of the drain and the sewer, if any, to which the drain will be connected;

(ix) The means of disposal of sewer, waste water, rain water and the liquid discharged on the building and the position of such means;

( c) Upon the drawings such parts of the structure as can be adequately illustrated on the plans and drawings made to the scales herein specified.

(5) There shall be supplied such additional plans, drawings, figured dimensions, particulars and structural calculations as the Town Planner may require, and in the case of structural work of steel, reinforced concrete or timber, there shall be provided certificate from the designer(Who shall be a practicing, chartered, civil or structural engineer or other person possessing similar qualification acceptable to Council) that the design conforms in all respects with relevant recommendation of British Standard Codes standard codes.

(6) One set of the plans and drawing submitted for approval will be retained by the Council, in the case of lease hold land, one set will be retained by the Commissioner of Lands; in the case of factories, one set may be retained by the Chief inspector of factories.

(7) (a) No person shall carry out development within the jurisdiction of the Town Council of Karuri without development permission from the Council.

(b) Any person contravenes 7(a) shall be guilty of any offence and shall be liable to a fine exceeding Kenya Shillings one hundred thousand or to an imprisonment not exceeding five years or to both such fire and imprisonment.

(8) Every person who lodges any application with the Council under the provision of these By-laws shall at the time of such lodging pay to the Council fees in accordance with the Council approved fees and charges.

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(9) Every plan for the erection of a building and every person who erects a building shall comply in all respect with the Council requirements for the purpose of this By- laws the requirements of the Council shall be deemed to be satisfied if, in regard to the following

- Sitting, design and amenities-Coverage;-Space about building, lighting and ventilation;-Boundary walls, hedges etc;- Materials -Building sites

Requirements as to loadings, foundations, resistant to fire , dump and weather, roofs, floors, chimneys, flues, hearths, reinforced concrete and steel structures, stairs and lifts;

- Drainage, sewerage, septic tank, conservancy etc;

- Fire precautions, escapes, refuse disposal;

- Water supply;

- Advertisements and signs;

The plans and building are in conformity with the Town Council of Karuri (building) By-laws in force from time to time, the British Standard specification published by the British Standard institution, for any material or the British Standard code of practice published by the British institution for any building preparation.

(10) If the Council approves the plans for the erection of a building, it shall signify notice of it’s thereon as soon as practicable after the resit thereof but of notice of approval being not signified, the plan shall be deemed not to have been approved.

(11) If the Council disapproves the plans for the erection of a building, it shall notify the applicant within thirty days the reason for disapproval and it shall signify to the person loading the plans of the manner in which the said plans are failed to comply with the provision of these By-laws

(12) Notwithstanding anything contained in these By-laws are Town Planner may grant permission to any proceed with any minor alternation or addition to a building or to the erection of any boundary wall or screen wall or fence or of hoarding which complies, generally with the intent and purpose of these By-laws but which may be regarded as of minor important and such permission shall be deemed to be the approval of the Council of the applicant’s proposals and drawings.

In the event of any permission not being acted upon within six months from the date of such permission, it shall lapse.

(13) The approval by the Council of any plans for the erection of a building shall be null and void if

(a) The erection has not been commenced within twelve months after the date of such approval, or

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(b) Erection has been commenced as aforesaid but the building has not been completed within a period of two years from the said date of approval unless Council approves an extension of such period.

(14) Any person who-

(a) Commences to erect a building without plans thereof having been approvedby the Council, or in respect of which the approval of plans has become null and void, or

(b) Having obtained the Council’s approval of the plans for the erection of a building, erects such building otherwise than in accordance with the approved plans, shall be guilty of an offence against these By-laws. In such case, whether or not proceedings have been instituted against the person offending, the Council may serve upon the owner of building a notice under the hand of the Clerk requiring him within the period of the time specified in such notice to do any of the following things-

i. To cease the erection of such buildings;

ii. To erect such buildings strictly in accordance with the approved plans;

iii. To execute such works or alternations or additions to such buildings as may be prescribed in such notice in order to render such buildings safe and sanitary or otherwise conform to the requirements of these By-laws;

iv. To remove or demolish such building.

If the owner shall fail to comply with all or any of the requirements such notice, then the Council, after not less than fourteen days notice, in writing under the hand of the Clerk served upon the owner, may by Town planner enter the premises and execute such work or make such alternations or additions to such building or removed or demolish the building without liability for any loss or damage which may be occasioned thereby and may recover the cost thereof from the owner as a civic debts.

(15) (1) any person who proceeds to erect any building the plans of which have been approved by the Council shall, so often as occasion shall demand-

(a) Any the Town Planner not less than four day’s notice in writing, of the time and date when-

i. The erection of the building will be commenced;

ii. The concrete or other materials laid over the site, or the foundation bed, or the foundation, of the footings or the damp-roof course will be completed and ready for inspection;

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iii. The reinforcement of a concrete structure will be placed in a position ready for inspection;

iv. The roofing construction will be commenced; and

v. Any drainage work will be commenced;

(b) At all reasonable times afford the Town Planner, medical officer of Health, Building Inspector and other persons deriving authority from the Council free access to the building or work for the purpose of inspection;

(c) Permit the Town Planner to take such samples of the materials to be used in the construction of any building or execution of work, as may be necessary to enable him to ascertain whether such materials comply with these By-laws or with the approved plans;

(d) Not erect any building or execute work otherwise than in conformity with the plans approved by Council and in compliance with these By-laws;

(e) If he has received a notice from the Town Clerk pointing out the respect in which the work or building does not conform to the plans as approved by the Council to conform to the said plans and to comply with these By-laws within the time stated in such notice, and shall advise the Town Planner, in writing, of the completion of the alternation or amendment;

(f) Provide sanitary conveniences for the workmen employed on the works to satisfaction of the medical officer of health;

(g) Erect any hoarding as shall be necessary for the protection of the public; (h) If any concrete or other material laid over the site, or any foundation bed, or

foundation, or footing or damp- proof course is covered up before the same has been inspected and approved by the Town Planner requiring him within time specified in the notice to cut into, lay open or pull down so much of the buildings as prevents the Town Planner form ascertaining whether any of these By-laws have been contravened or whether the approved plans have been complied with;

(i) Nor permit the damage or obstruction of any drain or drainage channel within any road reserve during operations; not dump or permit to be dumped any building materials or rubbish or erect any hoarding within any road reserve without the written consent of the Town Planner nor otherwise than in compliance with any conditions he may stipulate;

(j) On completion of the building or work-(h) Remove from the site or from any adjacent land which he may have occupied all

surplus building and excavated materials and all rubbish and leave such site or land clean and tidy; and

(i) Restore and leave in good condition all pipes, drains, roadways, kerbs, water channel, roadside drains, footways, pavements or other things which may have been damaged or through his operations and transport;

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(j) Notify the Town Council Planner, in writing, when the erection of the building or execution of the work has been completed, such notice to be given as soon as practicable after completion thereof.

(2) Any person who fails to comply with the provisions of these By-laws shall be guilty of an offence.

(16) (1) The owner of any plot or sub-plot submitted any application to erect any building thereon shall, if required by the Town Council Planner, point out the survey becons making the corners of such plot or sub-plot either before the application is approved or after the application is approved and before building operations are commenced.

(2) Any person who fails to comply with the provision of this by-law shall be guilty of an offence.

(17) (1) No foundation bed, foundations, footings, damp-proof course, reinforcement in reinforced concrete, roof construction or drain shall be covered up unless and until the said works have been inspected and approved by the Town Council Planner provided that such inspection shall be made three days of the receipt by the Town Council Planner of a notice, in writing from the owner of the building or the builder that such works are ready for inspection.

(2) Any person who contravenes the provisions of this By-laws shall be guilty of an offence.

(18) The approval of any plans, drawings, sections, particulars or calculations of any building or structure or work or the inspection thereof shall not in any way impose or imply acceptance of any responsibility on the part of Council for the stability of any such building, structure or work.

(19) (1) Every owner who shall intend to occupy a new building or permit the same to be occupied shall furnish to the Council a certificate, signed by him or his authorized agent, to the effect that the building has been completed in every respect in accordance with the approved plans and particulars thereof, and shall apply for a permit of occupation. On receipt of such certificate the Town Council Planner and medical officer of Health, if satisfied that the building is in conformity with such approved plans and particulars and it is fit for occupation, shall issue a written permit of occupation.

(2) No person shall occupy any new building or being the owner thereof allow such building to be occupied unless and until he has obtained a written permit of occupation as required by this By-law.

(3) Any person who fails to comply with the provision of this By-law shall be guilty of an offence.

(20) (1) Where any building has been erected no person shall, except with the permission of the Council given under the hand of the Town Clerk and upon such terms as the Council may prescribe, use or being the owner thereof allow to be used such building otherwise than for the purposes specified or indicated in the approved plan in respect thereof and which purposes the building was constructed.

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(2) “purpose” or” Purposes” in this by-law shall mean the particular purpose for which a building or part thereof has been erected or to which it has lawfully been altered and not solely its general purpose as a domestic building, public building or other type of building. In a domestic building only, that portion thereof which has been erected has a dwelling may be used as such. In a dwelling any habitable room therein which complies with these by-laws may be used as such notwithstanding its designation on the approved plans but no apartment such as a larder, store, pantry, closet, scullery etc, not designated or designed as a habitable room shall be used as a habitable room. No apartment provided in connection with a domestic building for the express purpose of housing domestic servants shall be used by other than domestic servants of the occupier or occupiers of the building

(3) Any person who contravenes the provisions of these by-laws shall be guilty of an offence.

(21) Every person who is guilty of an offence against these By-laws, unless otherwise stated shall be liable on conviction to a fine not exceeding one thousand shillings or to imprisonment for term not exceeding six months or to both such fine and such imprisonment and if the offence is of a continuing nature to a further fine not exceeding two hundred shillings for every day or part of a day during which such offence shall continue.

(22) Every person who shall fail to comply with all or any of the requirements of any notice served under these by-laws within the time specified in such notice shall be guilty of an offence against these by-laws and shall be liable on conviction to a fine not exceeding two hundred shillings every day or part of a day in which he shall be in default.

(23) All public and industrial/warehouses for public use shall be designed Facilities forand constructed as to allow maximum access and facilities for the Disabled inphysically disabled persons. New buildings

i.e. access, lifts’ toilets

(24) All existing public and industrial/ warehouses for public use shall be Facilities formodified to accommodate maximum access and facilities for physically Disabled in disabled persons. existing

Building i.e. Access, Lifts, Toilets. Safety/ performance Compliance

(25) (i) The Council issue” safety/performance Certificate (SPCC)” to Facilitiesall buildings periodically every five(5) years. The SPCC shall Cover all aspects of maintenance mentioned in the Paragraph below.

(ii) Planned maintenance- maintenance carried out as a result of fore Thought, control and the issue of records to a predetermined plan.

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(iii) preventive maintenance – the maintenance carried out at predetermined intervals or corresponding to prescribed Criteria and intended to reduce the probability of failure or the performance degradation of an item. An all inclusive audit

Conducted to ascertain all aspects of building constructed and installation

(iv) Condition based maintenance:- the preventive maintenances initiated as a result of knowledge of the condition of the building from routine or continuous monitoring i.e. through periodic condition surveys

(26) (i) safety/compliance certificates shall be classified into the following Classification ofcategories for the different types of buildings:- Safety

/ performance Compliance certificate

- Category 1,- Category 2,- Category 3,

Where Category 1: Domestic/ public/ Industrial buildings which are sound and which do not Require any immediate maintenance activities/ remedial action.

Where category 2: Domestic/ Public/ Industrial buildings which are sound and but with Minor defects requiring remedial action can restore it to original Designed function and is therefore condemned and must be Demolished.

(1) The buildings which by-laws (3) and (4) of these by-laws \apply are domestic building,/Industrial/factory/ warehouse buildings and Public Buildings with the exception of buildings of historical value as defined in the relevant Act.

(27) (i) Need to be regularly identified and list buildings of historic and Conservation heritage value. and Heritage

(ii) The above building to be protected and conserved by the owners. They should not be demolished or altered without authority of the Town Council of Karuri who will work in consultation with antiquities bodies or National Museums of Kenya.

(iii) Incentives in the form of reduction on land taxes to be provided for by the Government and Town Council of Karuri.

(iv) The buildings and their neighbourhoods to be identified and reserved as conservation sites/areas.

(28) The Council will put in place zoning maps which will guide Strategic

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development of the town. These to be reviewed regularly within their Developmentview period of development strategies. Spot zoning – anything missed Planout for through spot zoning. It is important that a building code would need to be adopted by the Council to be put in operation.

(29) If in connection with a development application of the opinion for Environm-industrial location, dumping site, sewerage treatment, quarries or any ental Impact other development activities will have injurious impact on the Assessmenton the environment, the applicant shall be required to submit together With the application an environmental impact assessment report.

(30) (i) No private land within the area of jurisdiction of the Town Council Sub-Of Karuri may be sub-divided except in accordance with the divisionrequirements of the Council’s Physical Development plans approved in relation to that area under this By-laws and upon application made in the form prescribed in the forth schedule to the Council.

(ii) The sub-division and land use plans in relation to any private land shall be prepared by a registered physical Planner and such plans be subjected to the approval by the Council.

(iii) Where in the opinion of the Council an application in respect of development, change of use or sub division has important impact on contiguous land user ordoes not conform to any conditions registered against the tile deed of property, the Council shall, at the expense of the applicant, publish the notice of the application in the Gazette or in such other manner as it is deemed expedient, and shall serve copies of the application on every owner or occupier of the property adjacent to the land to which the application relates and to such other persons as the Council deems fit;

(iv) If the Council receives any objection to, or representation in connection with, an application made under subsection (i) the Council shall notify the application of such objection or representations and shall before the application Is determined by it afford the applicant an opportunity to make representation in response to such objections or representations.

(v) The Council may approve with or without such modifications and subject to such conditions as it may deem fit, or refuse to approve, an applicationmade under subsection(i).

(vi) Any person aggrieved by a decision of the Council under subsection (v) may appeal against such decision to the respective liaison Committee;Provided that if such person is aggrieved by a decision committee he may appeal against such decision to the National liaison committee may be madeto the high court in accordance with the rules of procedure for the time being to the High court.

(31) Change of use and extension of use.

(32) Extension of lease.

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(33) Development of schools, hospitals and other social amenities.


……………………………………………………………….………….PATRICK WANYOIKE MWAURA

TOWN CLERK


…………….…………………………………………………………………………………………HON. MUSALIA MUDAVADI


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LOCAL GOVERNMENT ACT CAP 265

IN EXERCISE of the powers conferred by regulations176 and 201 of the Local Government Act, the Town Council of Karuri hereby makes the following by-laws.

THE TOWN COUNCIL OF KARURI(DRAINANGE AND SEWARAGE)

BY-LAWS 2009

These By-laws may be cited as the Town Council of Karuri (Drainage and sewerage CitationBy-laws).

In these By-laws, unless the context otherwise requires:-

“Clerk” means the Town Clerk of the Council and includes his Deputy; Interpretation“Council” means the Town Council of Karuri“Drain” means a drain as defined in the Public Health Act;“Duly authorized Officer” means any person authorized in writing by the Councilto act for the purpose of these By-laws;“Engineer” means the Engineer to the Council, and includes a deputy Engineer;“Foul Water” means soil water and waste water;“Private Sewer” means a sewer other than a public sewer;“Private Sewer” means a sewer declared by resolution of the Council to be a Public Sewer;“Sanitary accommodation” means a receptacle for faucal matter together with the structure containing such receptacle and all fittings and apparatus connectedtherewith;“Sewerage” includes foul water, surface water and manufacturing or trade effluent;“Sewer” means a duct, pipe conduit or channel for the conveyance of sewage, but does not include a drain;“Sewer connection” means any pipe junction, saddle or other contrivance from any drain or private sewer;“Soil Water” means the discharge from water slopes and urinals, all water fittings adapted or designed for the receiving of matters of an excremental character in connection with any system of drainage;“Surface Water” means the run-off natural water from ground surface including paved areas, roofs and unpaved land.“Surface water Sewer” means a public sewer for the conveyance of surface water“Trade Effluent” means the discharge, other than soil water and waste matter, from any trade or manufacturing process;“Waste Water” means the discharge from baths lavatory basins, sinks and similar appliances, which does not contain excremental liquid of substance;“Waste water fitting” means baths, lavatory basins, sinks and similar fittings;“Water closet” means sanitary accommodation adapted or designed for the reception of human excreta, or both a solid and liquid character, used or adopted or intended to be used in connection with water- carriage system of drainage, and comprising provision for the flushing of the receptacle by means of an approved water supply.

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1. (i) Where any building is without adequate provision for conveying surface Existing water there from to a surface water sewer or where such provision has Building been made but fallen into Despair, the owner of such building shall, surfaceon and within such reasonable time as shall be Specified therein, provide guttering or down pipes or execute such other work as may be necessary to any surface water sewer within seventy yards of the boundary of the plot on which such building is erected or if there is no surface water sewer within the distance or if, it is not practical to connect to such sewer otherwise suitably dispose of such surface water to the satisfaction of the Council.

(ii) Every such drain shall be constructed of such materials, be of the size andbe laid at Such level and in such manner and with falls as the Council may require.

2. (i) Where any building is without provision for conveying foul water there Existing from to a Water foul sewer, the owner of such shall, on receipt of a Buildingnotice from the Clerk requiring him to do so and within such reasonable Watertime as may be specified within, provide drain connecting to any foul sewer which is within seventy yards of the boundary of the plot on such building is erected or if this is not practical to connect with sewer, then emptying into a septic tank or otherwise, as the Council may direct.

(ii) Every such drain shall be constructed of such materials, be of such size and be laid at Such level and in such a manner and with such falls as the Council may require.

3. (i) If it appears to the Council that when two or more buildings are to be connected to sewer they may be drained more economically or advantageously be a private sewer than by separate drains, the Council may, if an adequate Public sewer exists or about to be constructed within seventy yards of any part of the plot on which such buildings are erected and it is practical to connect therewith, order that such building be drained by a private sewer to be constructed by the owner of such building in accordance with plans to be approved by the Council, within such reasonable time as shall be specified in such order.

(ii) The cost of the construction of such private sewer and of the repair and maintenance thereof shall be between the owners of such buildings in such manner as the Council shall determine separate Drainage

4. (i) Every new building shall be provided with an effective drain, to be constructed in system in accordance with the Council’s requirements, emptying into such Public sewer as are within seventy yards of the boundaryof the plot on which such building is or is to be erected, if it is there be no public sewers within that distance, or if it is not practical to connect with such sewers, then emptying into septic tank or soak ways or otherwise as the Council may direct.

(ii) No person shall occupy or permit to be occupied to any new building

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unless it is equipped with an effective drain as provided in paragraph (1).

(iv) For the purpose of this By-law, the expression “new building” shall include any building two external walls of which have been pulled down toor below the level of the ground floor and which has been rebuilt.

Not withstanding an thing contained in these By-laws; no person shall cause or permit any subsoil surface storm or rain water or any drain for conveyance with any foul water or with any drain for conveyance of such waters to discharge into a communicate with any foul sewer or with any drain for conveyance of foul water and no person shall cause or permit any foul water of any drain for the conveyance of sub-soil surface, storm of rain water.

5. If it appears to the Council that any building is not provided with a drain or other Waste appliance for carrying off waste water from such building the owner water to beof such buildings shall, on receipt of a notice from the Clerk requiring him to Adequatelydo so, provide such drain reasonable time as may be specified in such notice. Drained

6. (i) If any sanitary accommodation of type other than a water closet is Council installed or erected on a plot any boundary whereof is within seventy mayyards of a foul sewer, the Council may, by notice in writing require Requirethe owner of such plot, within such reasonable time as may be specified accommodation into or to replace it by water- borne sanitation and toconnect it by means of an approved drain to the foul sewer.

(ii) If any sanitation accommodation of a type other than a water closet is The installed or erected on plot no boundary whereof is within seventy Installationyears of a foul sewer or, if these be a foul sewer within such distance, ofand it is not practical to connect therewith, the council may, by Water notice in writing require the owner thereof, within such reasonable Closetstime as may be specified in such notice to convert such sanitary accommodation into or replace it by water-borne sanitation or if there is an adequate septic tank into which such water-borne sanitation may drain, the Council may require the owner thereof to connect such water-borne sanitation to such septic tank, then the Council may require the owner thereof to construct within a reasonable time an adequate septic tank and connect such water borne sanitation thereto.

(ii) Where the sewage or waste water from a building erected on a plot any boundary whereof is within seventy yards of a public sewer (and it is practical to connect to such sewer empties into a cesspool, septic tank or elsewhere than into a sewer the Council may, by written notice, require the owner of such building within such reasonable time as may be specified in such notice, to cause the sewage or waste water from such building to discharge into such public sewer in a manner and by the use of such materials as the council may require.

(ii) The Council, may thereafter, by notice in writing require the owner of such

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building with such cesspool, septic tank or other receptacle and to fill in the ground from which it may be removed.

8. The owner of any building shall, at his own expenses, maintain all drains and all Mainte- drainage Drains works constructed upon or in connection with such building in nance ofan efficient condition and in a proper state of repair to the satisfaction of the DrainsCouncil.

9. i) If it appears to duly authorized Officer that any drains sanitary accommodation, Cesspool, septic tank, or other appliance or apparatus for drainage of any building is in bad state or repair or is inefficient or is a nuisance or injurious or dangerous to health may, after twenty hours written notice to the notice, cause such building and the cartilage thereof to be entered the ground to be opened and such drain, sanitary accommodation, cesspool, septic or other appliance or apparatus for drainage to be examined.

(ii) If, after service of the notice as aforesaid the owner neglects to comply with the provision thereof or if such owner cannot immediately be found the Clerk may cause such works as he thinks proper to be done for effecting the removal of such stoppage and the expenses thereof shall be payable by the owner and shall be civil debt recoverable summarily.

iii) The costs as expenses incidental to the removal of any such stoppages as aforesaid in a private sewer shall be apportioned by the Council between the owners of such premises as are drained into such private sewer above such stoppage.

10. Where, in the opinion of the Council the introduction into public sewer Power to prohibitof any solid matter, suspended matter, mud, chemical or trade or Injurious mattersmanufacturing effluent or other from waste( inclusive of vapor or entering sewergaseous matter) or any storm condensing water, heated Water or other liquids, whether directly or through any drain or channel communicating with such public sewer either does or may cause a nuisance or involve danger to the health of persons entering such sewer, orother, or is or may be injurious to the structure or materials of such sewer or other works of the Council, or cause or is likely to cause extra expense to the Council, the Council may be written notice serve upon the owner or occupier of any premises, absolutely prohibited from a date to be stated in such notice, not being earlier than fourteen days from the date of service of such notice, such matter or matters as aforesaid being caused or permitted to fall, flow or enter be carried or washed into, any public sewer either directly or indirectly ; provided that the Council shall not be required to serve a notice upon the same person more than once.

(11) (i) The Council may grant permission for the matter referred to in Injurious matterBy-law 1 to flow into any public sewer upon such to terms May be permittedand for such period during such time as it may, in its absolute to enter sewer.discretion, determine.

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ii) Where the Council grants permission, under paragraph, (1), for any matter referred to in By-law 15 to flow into any public sewer, and extra expense is or is likely to be caused to the Council then the terms for the granting of such permission may include a provision for the payment for the payment to the Council may decide, and such or sums shall be due to the Council.

ii) Any person who contravenes or fails to comply with the terms of any permission granted under this By-law the Council may, by notice in writing serve on such person, revoke such permission as from such date as shall be specified therein and may take such action as is referred to in by-law (ii).

11. The Council may, at its discretion, by notice require the owner of any Inspectionpremises from which public sewer to any public sewer chamber to may construct in connection with any pipe In manufacturing building May be required or channel conveying such effluent, an inspection chamber of such dimensions as the Council may think fit, and any duly authorized officer shall at all times have access to such chamber and any examine and measure the discharge for such premises and may take samples there from.

13. (i) No person shall throw or introduce or cause or permit matter any Obstruction other person to throw etc ntroduce into any septic tank, cesspool, matter to bedrain, oil-pipe solid- water from fitting or Sewer, any stones, Excluded tins, bottles,ashes or other matter liable to interfere drains etc, with from Drains the free flow of sewerage or injure any such septic tank, cesspool, etcsoil, pipe, water fitting or sewer.

(ii) Any person who contravenes this By-law shall be guilty of an offence.Vents, taps etc to be kept clean and free

14. i) The owner and occupier of any premises shall maintain all opening whether for ventilation or otherwise, to any drain and also all taps gullies and other drainage fittings connection therewith in a reasonable clean condition and free from obstruction.

(ii) Any person who contravenes this By-law shall be guilty of an offence.

15. i) The owner of any premises who intends to cause any drain constructed Sewer or to be constructed in connection with such premises, to empty into a connectionsewer, or who has been required under these By-laws to construct a drain emptying into a sewer shall submit to the Council an applicationfor permission to connect to such sewer.

ii) An application for permission to connect to a sewer shall be in such form as the Council may from time to time determine and shall be accompanied by such plans and other information as the Council may require.

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(iii) The fee prescribed in the Gazetted fees and charges currently in use shall be paid to the Council with each application for permission to connect to a public sewer.

iv) As soon as the Council is satisfied that the owner of the said building is entitled to connect to any drain there from with a sewer and that the making of such connection would not contravene these By-laws the Engineer shall so notify the owner.

v) No person other than an employee or agent of the Council shall make any connection.

vi) The Council shall, at the earliest practicable date after the service of the notification referred to in paragraph (iv), and provided all fees due under these By-laws have been paid, construct the sewer connection.

vii) The Council may close, demolish or remove, any sewer connection made in contravention of this by-law and may recover as a Civic debt recoverable summarily from the person making such sewer connection causing such connection to be made any expense incurred by it in doing so.

viii) Any person who constructs than in accordance with this By-law shall be guilty of an offence.

16. The owner of any premises who carries out or wishes to carry out any drainage works in any street or other place under the control of the Council shall comply in all respects with the conditions specified in the first schedule

17. It shall be lawful for the Council to agree with any owner or occupier of any Council maypremises that any premises that any drainage work which such owner or by agreementoccupier desires of is required by the Council to construct shall be Constructconstructed by the Council and the cost of construction of such Drainage Workdrainage work shall be payable by such owner or occupier to the Council, and shall be Civil debt recoverable summarily.

18. i) The owner of any premises outside the Council’s area of jurisdictionmay, with the Consent of the Council and subject to these By-laws, cause any drain constructed upon or in connection with such premises to empty into any sewer within the Council’s area of jurisdiction upon such terms and conditions as may be agreed upon between such owner and the Council; provided always that no person shall cause any drain to empty into such sewer until terms and conditions have been agreed upon.

(ii) Any person who contravenes this By-law shall be guilty of an offence.

19. In all cases where, in accordance with these By-laws any work carried out Charges to by the Council in respect of which the Council is entitled to recover the Covercost from any person there may be included in the cost claimed and

Supervision

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recoverable such sum as the Council shall prescribe to cover the of surveys, plans, specifications, quantities, supervision, and the use of tools and plan, and there shall also be included in such cost any expenditure involved in disturbing and making of the surface of any road, street, footway or ground affected.

20. i) Every person who constructs any drain or private sewer and carry Excavating for out any excavating for excavation necessary for the construction and laying

of such drain or private sewer in an expeditions and workmanlike of Drainsmanner and shall maintain during the progress of work such hoardings, strutting, shoring’s and lights as may be necessary for the protection of all persons and property liable to be affected by the work.

ii) Any person who contravenes these By-laws be guilty of an offence.

21. Every person who carries out any drainage work shall, as soon as such Testing of

work is ready for testing give notice in writing to the Council that such Drainage

is ready for testing, and shall afford to any duly Work authorized officer every Workfacility for inspection and for making such tests of the work as may be deemed necessary upon receipt of any such notice aforesaid the Council shall within four days cause such work to be inspected and tested.

22. No person shall proceed to cover up any drainage work until such work has Covering upbeen inspected, tested and approved by a duly authorized officer and any of drainage person who contravenes this By-laws shall be guilty of an offence. work

23. Where any person carried out any drainage work and where, after Drainage completion, such work has been inspected, tested and approved, the CertificateCouncil shall if required, issue to the owner of the Premises upon which such work has been carries out a certificate in writing that the said work, after completion, inspection, and testing, has been approved. Provided always that such certificate shall not in any way be held to impose any liability on the Council or any of its officer or any duly authorized officer for any lose or damage that may be caused through any such work being carried out otherwise than in accordance with the approved plans and any laws of the Council.

24. i) The owner of every building, and of every place where workers are Sanitaryemployed, shall provide sufficient number of latrines for the use accommodationof the inhabitants and workers in the building or place, such Sufficiencyaccommodation shall be conveniently sited contiguous to the and positionsatisfaction of the Medical Officer of Health or such other officer as the Council may authorize for the purpose of this By-laws.

ii) Any person who contravenes or fails to comply with this By- laws shall be guilty of an offence.

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25. i) The owner of every premises shall if so required by the Council Separateprovide separate accommodation for each sex and shall be placed Sanitaryand so screened that the interior shall not be visible from accommodationany place where persons have to work or pass. for sexes

ii) Any person who fails to provide separate sanitary accommodation after being required so to do by the Council shall be guilty of an offence.

26. i) No person shall construct or carry out any drainage work unless Drainage worksuch person is in lawful possession of a permit obtained from the Carried plumberCouncil authorizing him so to do. Such permit shall be in the and chain layersform of a plumber’s permit or a drain layer’s permit set out in the Second schedule and a person to whom any such permit as aforesaid shall have been issued by the Council shall be empowered to construct or carry our only such works as are specified in such permit provided that nothing contained in this By-law shall be deemed to prohibit any workman carrying out any such works underthe direction, supervision and control of the permitted plumber or permitted drain layer, or under the authorization of the Council

ii) The person seeking registration and grant of a permit shall pay to the Council upon the issue of every permit under this By-law, the appropriate fee prescribed in the permit fees schedule currently In use.

iii) Any person who contravenes these By-laws shall be guilty of an offence.

27. No plumber’s permit or drain layer’s permit shall be issued by the Council Plumbers andas to his competence to carry out the work of a permitted plumber or of a Drain layerspermitted drain layer, and the Council may require any person who seeks must satisfyor applies for plumber’s permit or drain layer’s registration to submit Council ofhimself to examination by such a body of persons as the Council may Theirappoint for the purpose. Competency

before Issue of permit

28. The Council shall keep and maintain a register of all permits issued Register of under By-law to 31, which register shall be opened to public inspection Permitted during office hours. Persons to

Be kept by Council

29. Every person to whom a plumber’s permit or drain layer’s permit has Permit to bebeen issued by the Council under these By-laws, shall if called upon at produced for any reasonable time to do so, produce his permit for the inspection by Inspectionduly authorized officer and any person who contravenes this By-law shall be guilty of an offence.

30. The Council may at any time cancel and permit issued to any plumber or Cancellation

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drain layer under these By-laws if the Council is satisfied that such permitted Of permitplumber or such permitted drain layer has either himself or by his workmen, caused or permitted any plumbing or drain laying work to be carried out in a negligent or un-workmanlike manner to the injury of any person or property or contrary to these By-laws of the Council relating to drainage work, provided that prior to the cancellation of any such permit as aforesaid the person whose permit it is proposed to cancel shall be given an opportunity of appearing before the Council, or before a Committee appointed by the Council, and being heard in his own defense.

31. (i) If, after service of a written notice under these By-laws the person Failure to on whom such notice is served neglects to comply complywith the notice within such works, as it thinks proper, to be with writtendone, for the carrying into effect of the provisions of such written noticenotice, and the expense thereof shall be payable by the person on whom the written notice was served and shall be civil debt recoverable summarily.

ii) Any person who fails to comply with the provision of written notice upon him under these by-laws shall be guilty of an offence.

32. A deposit shall be paid to the Council Consumer before the service is Depositscommenced the amount of the deposit shall be prescribed in the permit fees schedule currently in use and shall be refunded to the consumer when the consumer gives at least twenty hour’s notice in writing to the Council to the effect that the service is no longer required, provided all accounts due have been paid.

33. The charges prescribed in the permit schedule shall be payable to the Council by the consumer.

34. Where any amount is due to the Council under By- law 34 of these By-laws Failure and has remained unpaid for a period of seven days after a notice demanding to pay payment has been given, the Council may summarily recover the amount under the Debts (Summary Recovery) Act.

35. Any person who is guilty of an offence under these by- laws shall be liable Penaltyon conviction to a fine not exceeding two thousand shillings or to imprisonment, and if the offence be of a continuing nature to a further fine of hundred shillings for each day or part thereof during such offence continues.

Provided that the total amount of any fine for any one offence shall not exceed ten thousand shillings.

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FIRST SCHEDULE

THE CONDITIONS FOR THE OPENING OF STREETAND CONNECTION TO SEWERS

i. Applications

1. Applications (in duplicate) must be made to the Town Clerk of the Council, Town Council of Karuri, P.O. Box 109 KARURI on the form prescribed from time to time by the Council. The form must be duly completed and signed by the applicant or by an authorized person on his behalf. At least four days clear days notice must be given and no road opening or sewer connection may be made until permission in writing is given by the Engineer.

ii. Opening and Temporary Reinstatement

2. The applicant must, to the satisfaction of the Engineer, carry out the temporary reinstatement of the road surface and must to the like satisfaction make good all works and any settlement in such temporary reinstatement which may occur, until the trench carried out by the Council at the expense of the applicant, but in carrying out such works the Council shall not be deemed to have taken over the trench.

3. In all cases where considered necessary by the Engineer, the opening and filling-in shall be done under the supervision of his representative, and all reasonable requirements of such representative shall be complied with by the applicant.

4. All material removed shall be carefully separated into their various classes and shall be replaced in the order in which They were excavated. All hard road material shall be kept free from soil and other excavated material for re-use in the road foundation.

5. Every filling shall be carried out in layers of not more than 150mm thickness, such layers being thoroughly ranked the labour employed being In the proportion of three ranning to one filling. Alternatively, effective mechanical ranning shall be carried out to the satisfaction of the Engineer.No stone or other material which could damage the works is to be placed within 360mm of such work.

6. To ensure proper compaction, all dry materials shall, if required by the Engineer, to properly vetted during the filling- in of the opening and puddle shall be thrown aside and not re-used.

7. The temporary reinstatement of tarmac surface shall be carried out by compaction to a thickness of at least 450mm approved hardcore on top of the compacted soil, should insufficient hardcore be provided by the excavation, fresh materials must be supplied at the expense of the applicant. The level of the top of the hardcore must be less than 160mm below the existing tarmac surface and this pace shall be rolled so as to be 25mm round of the existing tarmac surface. If considered necessary by the Engineer, the reinstatement of the road foundation in the reinstatement of the road foundation in this material shall be

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carried out by the Council and the applicant will be charged thereof, in accordance with the provision of condition 12 hereof.

8. In the event of any drains or sewers being damaged or disturbed, the fact must be reported at once to the Engineer or his representative, who may direct that any necessary repairs shall be carried out at the expense of the applicant and such repairs shall be carried out accordingly.

9. In the event of the water mains, electricity or post office cabled mains or other underground or over head services being damaged or disturbed the fact must be reported at once to the statutory authority concerned.

10. During the whole time the work of opening or reinstating is in progress prominent warning notices must be exhibited on each approach to the works and where the later are extensive in character proper provision must be made for the direction and control of traffic. Traffic using the road must be disturbed as little as possible and in all cases not less than half the width of the carrying away must be kept available for traffic. The applicant must fence the openings in a satisfactory manner and all openings not filled- in on the same day must be properly lighted during the hours of darkness, and if over 50 yards must be watched by watched by a responsible person at night- time i.e between sunset and sunrise.

iii. Permanent Reinstatement

11. The Council will carry out the permanent reinstatement of the road surface and the charge made shall relate to the actual materials used in such reinstatement work. These materials will conform where possible with the existing type of surface of the road opening. Notwithstanding permanent reinstatement by the Council, the applicant shall continue to be liable, for a period of six months from the date of receipt by the Council of the completion notice for the cost of further permanent reinstatement if this is due to the subsidence of filling in the road opening.

12. The applicant must deposit with the application of minimum sum of Kshs. 1,000/= towards the cost of road reinstatement. This shall be in addition to the fees for cutting of and across Town Council Roads as specified in the fees and charges currently in force (or as shall be in force from time to time). After the expiration of the period of six months referred to in paragraph 11, the Council will refund to the applicant the difference between the actual cost of reinstatement ( if less than Kshs. 1,000/=) and the deposit of Kshs. 1,000/= . If, on the other hand, the actual cost of reinstatement is more than Kshs. 1,000/= then the applicant must pay the balance of the cost within 14 days of a demand being sent to him, and such balance shall be a civic debt recoverable summarily.

13. Where it is found that any existing road construction materials may be re-used, the applicant will be given the benefit of such use of only sufficient new materials as the Engineer may deem necessary will be used. The Council reserves the right, however, to replace the whole of the existing materials by new materials if it is considered necessary in the opinion of the Engineer.

14. Where it is proposed to open public footways, which are paved with premix or concrete paving slabs, it is essential that the surface of paving should be inspected by the Engineer or his representative together with the applicant, prior to the opening being commenced, in order that the condition of the paving may be noted.

iv. General

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15. The applicant must identify the Council form and against claims for injury damages or accidents arising from the opening (or any section thereof) is taken over the Council from and against all claims for injury damages or accidents arising from the subsistence of filling in the road opening for period of six months from the date of receipt by the Council of the completion notice. In these conditions the Council shall be deemed to have taken over the road opening 90 days from the receipt by the Council of the completion notice.The applicant must insure himself against the risks specified herein, to the satisfaction of the Council.

16. No road may be closed temporarily to traffic by the applicant, and where it will necessary for the road to be closed application must be made to the Council at least one month before the date when it is desired to undertake the work which will necessitate the closing of the road application shall replay to the Council any costs incurred on the advertising and posting of notices in connection with the closing of the road.

17. Any breach of these conditions will be brought to the notice of the applicant and if not remedied within a reasonable period, the Council shall be at liberty to carry out all such works as it considers necessary at the expense of the applicant.

18. Manhole and other inspections covers to be set in the carriage- way surface by the applicant shall conform to the Council’s specification. The covers must be bedded so as to conform with the cambered surface of the road and no protuberance or depression in the surface will be allowed.

19. An applicant, before being submitted to the Council, must be certified by all statutory or public service undertakers operating in the District that the works to be carried out by the applicant will not interfere with any works of such undertakers or, if interference will be caused to caused to such works, that the extent of such interferences has been noted.

20. In any case of emergency( or which the Engineer shall be the sole judge) a road opening may be made prior to compete with these conditions provided the sum of Kshs. 1,000= is first deposited with the Council as required by Condition 12.

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SECOND SCHEDULE

TOWN COUNCIL OF KARURIP.O.BOX 109

KARURI

PLUMBER’S PERMIT

Permit No………………………………………………………………………………………………………………………………Mr…………………………………………………………………………………………………………………………………………Of……………………………………………………………………………………………………………………………………………Is hereby granted a permit as a plumber under the Town Council of Karuri(Drainage and sewerage) By-laws, 2007 and is entitled to carry out any plumbing or pipe-fitting work in connection with the construction, fixing laying repair or removal of pipes, valves, traps, drains or other apparatus of appliance connected with the drainage of any premises, but not to construct or lay any store ware drain, inspection Chamber cesspool septic tank, sewerage filter, installation or other works for the treatment or disposal of sewage.

Signed: ……………………………………………………………………………………………………………………………Town ClerkTown Council of KaruriP.O.Box 109KARURI



TOWN CLERK


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IN EXERCISE of the powers conferred by Section 201 of the Local Government Act, the Town Council of Karuri makes the following By-laws:

THE TOWN COUNCIL OF KARURI(ENVIRONMENTAL POLLUTION AND EFFLUENT CONTROL)

BY-LAWS 2009

1. These By-laws may be cited as the Town Council of Karuri Environmental Citation

Pollution and Effluent Control By-laws; 2009.

2. In these By-laws unless the context otherwise requires: Interpretation

“Abatement” means the reduction or removal of environment pollution to Permitted or prescribed levels.

“Aquatic Environment” means all the surface and ground waters but does not include water in installations and facilities for industrial effluent.

“Authorized Officer” means any person authorized by the Council to inspect any premises, sewers effluent, take samples of effluent or do any other act under statutory powers of the Council – and includes the Town Engineer, the Public Health Officer.


“Conservation means the preservation of the natural resources and protection from misuse fire water.

“Contaminant” means a susbstance or physical agent, or a combination of substances and physical agents that may contribute or create a condition of pollution.

“BOD” means Bio-Chemical Oxygen Demand and is the quantity of oxygen utilized in biological oxidation of organic matter under standard laboratory procedure in five days of 20 degrees centigrade, expressed in milligrams per litre.

“COD” means chemical oxygen demand which is a measure of the amount of oxidation undergone by the Chemical materials in the effluent sample after boiling with acid and dichromate.

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“Discharge” means spilling, leaking, pumping, pouring, emitting, empting or dumping.

“Effluent” means waste water or other fluid of domestic, agricultural origin,treated or untreated and discharged directly or indirectly into aquatic environment.

“Ecological systems” means a living functional system which contains all organisms including man, their environments and the relationships that exist between them.

“Environment” means land, water, air and other external influences and conditions which affect the development and life of all organisms including man.

“Person” means an individual, partnership, corporation or association.

“License” means a license to discharge effluent issued under these By-laws.

“Pollution” the presence in the environment of one or more contaminations in such quantities and for such duration and such conditions as may cause discomfort to or endanger the health, safety and welfare or which may causeinjury or damage to plant or animal life or property or which may interfere unreasonably with the normal enjoyment of life or use of property or conduct of business.

“Polluter” means a person who contributes to or creates a condition of pollution.

“Pollutant” means any substance or energy, which if it enters or is discharged into water may cause discomfort to, or endanger the health, safety or welfare or persons, or may cause injury to plant or animal life or property, or which may interfere unreasonably with the normal enjoyment of life, or property or use of property of conduct of business and those objects or substances may in advertently abstract or divert the natural flow of a water course when discharged or dumpedinto it.

“PH Value” means the logarithm to the base 10 or reciprocal of the concentration of hydrogen ions in, an aqueous solution.

“Sewage” means waste water generated by residential or commercial establishments.

“Sewage system” includes sewage treatment works.

“Suspended Solids” means un-dissolved solids which are liable to settlement or form a surface scum and is measured by filtration.

“Waste Water” means water which has been used for domestic, commercial,agricultural, trading or industrial purposes and as a result of such uses may causewater pollution when discharged into the aquatic environment.

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“Water Pollution” means the instrument, directly or indirectly of pollutants into an aquatic environment.

“Standards” means the limits of pollution prescribed under these By-laws, and any other standards made under Water Act or Public health Act setting limits of pollution.

GENERAL - PART I

3. No person may discharge or apply any poisonous, toxic obnoxious or Prohibition of obstructing matter, radiation or other pollutant or permit any person to Water pollutiondump or discharge such matter or pollutant into the aquatic environment in contravention of water pollution control standards established by theCouncil under these By-laws.

4. (i) Owners or operators of irrigation schemes systems, industrial Duty to supply production plants workshops or any other undertaking which information may discharge effluent shall submit to the Council such to the Coucilinformation about the quantity and quality of such effluent.

(ii) The Council may require an owner or operator of irrigation schemes, sewage system, industrial production plants, workshop or any other undertaking which the Council has reasonable grounds to believe may cause or cause the discharge of effluent into the aquatic environment to submit all information relating to the quantity of effluent as Council may require.

(iii) The Council may order an owner or operator referred to under this section, at his expense to install such metering devices, and to have such samples taken analyzed, and to keep such records, as the Council may require.

5. The owner or operator of a trade or industrial undertaking who wishes to Permission to discharge into an existing sewage system effluent from his plant shall dischargeobtain written permission to do so from the Council. Effluent to

sewage system

6. (i) The Council may impose conditions under which an effluent can Conditions for be accepted or may prescribe method of pre-treating prior Acceptance to acceptance into the system. of effluent

(ii) The owner or operator or an industrial undertaking discharging an effluent shall apply for a license within six months after the commencement of these By-laws.

(iii) The Council may grant a license for the discharge of effluent under these By-laws.

7. (i) Any person intending to erect, install or develop a new industrial Application for or trade plant, an agricultural scheme or an undertaking new undertaking

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likely to discharge effluent shall in addition to first obtaining e.t.c likely to all the necessary approvals from the Council inform the Council discharge of his intention during the early planning stage. effluent

8. The Council may, without undue delay after receipt and consideration of the information submitted under By-laws (7) (i), require any person referred to in that subsection to apply for a license or a permit as required in By-law 5.

9. The application for a license under this section shall be submitted to the Council before development of any industrial undertaking or scheme.

10. An extension of an existing industrial or trade plant, or agricultural scheme Circumstance or other undertaking shall be deemed to be new if the extension: under which

or agricultural scheme

(a) Will increase the effluent of the existing plant either in the quantity or concentration of pollutants.

(b) Will discharge it’s effluent into a different cause, or(c) Will introduce a new type of pollutant into the environment.

11. (i) The Council may not grant a license after considering the details of: Grant orrefusal of

(a) The possible effects on the quality of an affected water course or licenses(b) other source.(c) The existing licenses affecting the same water-course or other source or(d) The water requirements of riparian residents, human settlements and

agricultural schemes which depend on the water course.

12. If a license is not granted the notice of refusal shall state the reasons for the refusal.

DISCHARGE OF EFFLUENTS TO SEWERS – PART II

13. (i) No person shall discharge any effluent into any sewer except Discharge ofwith written permission of the Council. effluent

to sewers (ii) The Council may attach such conditions as it deems fit to permission prohibited

granted under paragraph (i) and may at anytime revoke such. without permission permission

(iii) It shall be illegal to discharge any effluent into any underground aquifer, well, borehole, surface water course, adit or pipe within the Town without consent of the Council.

14. (1) No person shall discharge into any sewer any effluent which is Effluent likely to: discharge

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standards(a) Damage any sewer into which it is discharged or any sewer through to sewers

which it is conveyed or to interfere with the flow of such sewer.(b) Damage sewage purification works at which it is treated or and equipment

installed thereat.(c) Interfere with any process of purification work of sewerage or trade effluent.(d) Be a nuisance or injurious to health, or(e) Affect adversely the quality of the effluent discharge from the sewerage

purification works.

(2) No person shall discharge into any sewer any effluent the temperature Temperature of which at it’s point of entry into the sewer exceeds thirty degrees of PH Value centigrade. of effluent

(3) No person shall discharge into any sewer any effluent the PH Value of which at its point of entry into such sewer is less than 6.0 or exceeds 9.0.

(4) (a) No person shall discharge any of the substances listed under the first Prohibition column of the schedule in concentration exceeding those on content of specified in the second column of the schedule. effluent (b) The Council reserves the right to amend this schedule.

SCHEDULE I

Settleable solids - 1.0ml/1Total suspended solids - 500.mg/1Total non-volatile dissolved solids - 2000mg/1Smell - Not objectable to the noseToxity - Non-toxicBod. Permagnate - To be limited inConsumption - Certain casesDetergents - 15mg/ (Total at treatment works) phenols - 10mg/1Scalping oils and fats - 50mg/1Hydrocarbons - 20mg/1Hydrocarbons (cyclic) - 5mg/1Silver – (Ag) - 2mg/1Arsenic – (As) - 02mg/1Barium (Ba) - 10mg/1Cadmium – (Cd) - 0.5mg/1Chlorite (cl13) - 2mg/1Cyanide (CN-) - 0.5mg/1Cyanide (NC) (Total) - 2.0mg/1Cobalt – (Co) - 1.0mg/1Cromium six (Cr VI) - 0.05MG/1Cromium – (Cr) (Total) - 1.0mg/1Copper – (Cu) - 1mg/1Mercury – (Hq) - 0.01mg/1Ammonium/ammonia acal Nitrrogen -

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(NH+NH3) (As N) - 20mg/1Nickel – (Ni) - 1.0mg/1Nitrate – (No. -2) - 20mg/1Lead – (pb) - 1.0mg/1Phosphate – (4) (As) - 30mg/1Sulphur (S) - 2mg/1Selanium – (Se) - 0.2mg/1Tin (Sn) (Sn2) - 5.0mg/1Suphite SO - 50mg/1Sulphate – (SO3) - 100mg/1Sulphide – (As S4) - 2.0mg/1Zinc (Zn) - 5mg/1Total non Ferrous metals - 10mg/1Total soluble non ferrous metals - 10mg/1C.O.D - 1000mg/1B.O.D - 500mg/1Oils & grease - 10mg/1Chloride (As cl) - 600mg/1

Radio active material:

(a) Alfa amitta – MC/ML Max - 10-7(b) B-Amitter – MC/ML Max - 10-6

(5) No person shall discharge into any sewer any of the following substances:

(i) Calcium carbonite(ii) Chlorofom(iii) Condensing water(iv) Degreasing solvents of mono-di-trichlorthylene type (v) Inflammable solvents (e.g carbon disulphide) or any other products which produce inflammable vapours in the fewer.(vi) Substances likely to interfere with the flow in the sewers or to damagethe sewers (refuse, glass, sand solid, waste, fibers, leather, textiles, plastic, cement, calcium hydroxide, bitumen).

(6) The Council shall determine the maximum concentrations of substances or other matter which shall be permitted to be discharged into the sewer.

15. (a) Any person who discharges into a sewer any effluent shall pay a monthly charge for the disposal thereof calculated in manner which shall take into account the following:

(i) Volume of the effluent discharged measured in cubic M3/d based on total water usage.

(ii) BOD/C.O.D measured in milligrams per litre, Transparency measured in centimeters.

(b) Any effluent having over 500 mg/1 and or 1000 mg/1 COD in strength and / or

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transparency of less than 30 (measured in turbidity meter) shall not be discharged into the Council’s sewer. The Council shall require pretreatment of any such effluent before acceptance into the sewer.

(c) The monthly charge may be varied from time to time by resolution of the Council.

16. Any authorized officer of the Council may from time to time take samples of effluent for testing at any premises from which any effluent is discharged into a sewer.

17. The Council shall, require the occupier of any premises from which effluent Manholes or is discharged into a sewer to construct and maintain manhole or inspection inspection chamber on his premises connected to the pipe or channel conveying Chamberssuch effluent.An authorized officer of the Council shall at a all times have access to such manhole or inspection chamber and may examine and collect samples of such effluent.

18. The occupier of any premises from which effluent is discharged into a sewer Change in or shall notify the Council forth with of: cessation of

trade(a) Any change in the process of manufacturer or in the raw materials

used or of any other circumstances which are likely to alter the nature or composition of such effluent.

(b) Any circumstances which may result in the permanent cessation of discharge of effluent.

19. The Council may prescribe:

(a) The hours during which the effluent may be discharged into a sewer, and(b) The total volume of effluent which may be discharged into sewer between

midnight and midday of the following day.

DISCHARGE OF EFFLUENT TO ACQUATIC ENVIRONMENT – PART III

20. (i) No person shall discharge any effluent Environment prohibited Discharge of (Public Health Act Cap.242 Sec.118) noxious matter or waste effluent to discharged from any premises, wherever situated, into any public aquaticstreet, or into the gutter or side of any street or into Karuri except with a written permission of the Council.

(ii) The Council may attach such conditions as it deems fit to any permission granted under paragraph (i) and may at any time revoke such permission.

21 (i) No person shall discharge any effluent, noxious matter or waste Effluent water, flowing or discharged from any premises wherever situated discharge into the gutter or side channel of any street or in Karuri which is standards to

likely to be a nuisance or injurious to health or aquatic life. acquire enviroment

(ii) No person shall discharge into rivers any effluent the temperature of

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which at it’s point of entry into the river exceeds ambient temperature.(iii) No person shall discharge in any effluent into aquatic environment

any of the substances listed under the first column of the schedule inconcentrations exceeding those specified in the second column of the schedule.

SCHEDULE II

PH - 6.0 – 9.0BOD (5 days at 20 degreesCentigrade - 20mg/1COD - 50mg/1Suspended solids - 30mg/1N-Hexane Extract - 30mg/1 Animal and vegetable oil)

- 5mg/1 (mineral oil)Total phenols - 2.0mg/1Copper (cu) - 0.05mg/1Zinc (Zu) - 0.5mg/1Sulphates - 500mg/1Dissolved iron - 10mg/1Dissolved oxygen (DO) - 15mg/1Dissolved manganese - 1.0mg/1Chromium (Total) - 1.0mg/1Chloride - 200mg/1Fluoride - 2.0mg/1Coliform bacteria - 1000 MP N/100MLFres ammonia - 0.2mg/1Colour (Haze Units) - 5 0H (Not objectionable to the eye) Dyes - NilSulphides - 0.1mg/1Cadmium (Cd) - 0.1mg/1Cyanide (CN) - Not detectableOrganic Phosporus - Not detectableHexavalent Chromium (Cr 6+) - 0.1mg/1Lead (Pb) - 0.1mg/1Arsenic (As) - 0.02mg/1Total Mercury - 0.005mg/1Alkyl mercury - Not detectablePCB (Polychlorinated biphenyl) - Not detectableSmell - Nit objectable to the nose Toxic substances - NilPesticides - 0.05Oils and grease - NilDissolved solids - 1200mg/1Selenium (se) - 0.05mg/1Nckel (Ni) - 1.0mg/1Barium (Ba) - 2mg/1

Radio active materials(a) Alfa amitter MC/ML max - 10-7(b) B emitter MC/ML max - 10-6

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“Organic phosphorus” includes parathion, methyl-parathion, methyl dimaton and EPN.“not detectable” means the amount cannot be detected with the ability of an instrument.

22. (i) Any notice, or document required or authorized to be served under Servicefor the purpose of these By-laws may be sent or served.

(a) By delivering it to the person on whom it is so be sent or served or:(b) By leaving it at the usual or last known place of abode of that

person, or in the case of a company at it’s registered office, or (c) By delivering to any person found on the premises to which it

relates, or if there is no person on the premises to whom it can be so delivered, by fixing it on the same conspicuous part of the premises.

(d) Where the name of owner or occupier I not known, such notice order or document may be addressed to “the owner” or “the occupier” of the premise which shall be named without further name of description.

23. Any person who contravenes or fails to comply with any of these By-laws or Penalties any of the conditions imposed by the Council shall be guilty of an offence and

shall be liable to:

(i) In the case of a first offence, a fine not exceeding fifty thousand shillings or imprisonment for a term not exceeding six months or both such fine and imprisonment.

(ii) Where an offence is of a continuous nature, the offender shall inaddition to the penalties prescribed in paragraph (i) pay an additional fine of five thousand shillings for every day during which the offence continues.



TOWN CLERK




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IN EXERCISE of the powers conferred by Section 192A of the Agriculture Act (Cap 318), the Town Council of Karuri, with the consent of the Minister for Agriculture, give after consultation with the Minister for Local Government, makes the following By-laws:-

THE TOWN COUNCIL OF KARURI (CESS)

BY-LAWS, 2009

1. These By-laws may be cited as the (Town Council of Karuri) Citation(Cess) By-laws, 2009.

2. These By-laws, unless the context otherwise, requires- Interpretation“Authorized agent” means in respect of the produce specific in the first column of the Schedule the corresponding. Organization specified in the second column of the schedule and any person authorized in writing by the Council to collect and to issue receipts for produce cess imposes in accordance with the provisions of by-laws 3;


“inspector” means the Clerk to Council and any person acting under directions of the Clerk to Council and any person authorized by the Council in writing tocarry out inspection for the purpose of these by-laws;

“Owner” means the produce, trader , company to co-operative Society or person owing the produce;

“Produce” means any of the Commodities specified in the first column of the schedule;

“Transporter” means the person, the trader, company, co-operative societyor driver transporting the produce on behalf of the grower or producer.

“Cessing” in accordance to adoptive Agriculture By-Laws (1998) or as in the the fees and Charges where applicable.

3. A cess of the rate of one per centum of the gross producer or any as specified Impositionin the fees & charges.

4. The cess payable under these by-laws shall be authorized by the of cess Collection

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authorized agent from the proceeds payable to an owner for produce, and all cess so withheld shall be remitted to the Council in monthly or seasonal installments as may be agreed between the authorized agent and the Council.

5. A unauthorized agent shall issue a receipt to an owner or purchaser for any cess Receipts withheld under by-laws 3; Be issued

6. (1) Subject to these by-laws, no person shall transport or cause to the Producetransported any produce unless such produce is being transported to an authorized agent.

(2) Nothing in these by-laws shall apply to the moment of produce within the boundaries if a farm, plot or holding upon which it was produced or to themoment by the most direct or normal route by the grower or producer of such produce from the place where it was grown or produced to the nearest authorized agent.

7. Where produce is being transported to an authorized agent it shall be Produceaccompanied by a movement permit required by these by-laws or by a written Movement

authority to transport such produce issued by an authorized agent.

8. An inspector may order any transporter to stop, or any authorized agent to Inspection of produce relevant records, and may make such enquiries and such inspection of the goods carried by transporter, or the records kept by such authorized agent as may be necessary for the purposes of enforcing these by-laws.

Produce and Records

9. The Council may from time to time by a resolution and with the consent Amendment ofof the Minister for Local Government; amend the produce of authorized Scheduleagents specified in the Schedule.

10. Any person who contravenes these by-laws shall be guilty of an offence Contraventionand liable to a fine not exceeding two thousand shillings or to both such And penaltyFine and amount in the case of a second or subsequence offence a fine not exceeding three thousand or not less than six (6) months in prison.

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SCHEDULE

Cess

Coffee 20% of 1 Per centum of gross produce price Milk 20% of Per centum gross produce price Extraction of murrum, minerals e.g. mineral water Flowers, fruits, hides skin & any horticultural produce within the jurisdiction (reference cap

(318) and to be collection through marketing agents – Kiambaa Coffee Growers, Guango Dairies, Sama Ice, L. Munyua Farm-Karura, Ruaka Coffee Growers or an other Legal appointed agent.

Adopted from (adoptive by-laws) order 1988 of 26th July 1988.



TOWN CLERK




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Documents

By Laws of Town Council of Karuri