Veterinary Legislation Support Programme KENYA. Veterinary Legislation Identification Mission Report. November 2015

Transcription

1 Veterinary Legislatin Supprt Prgramme KENYA Veterinary Legislatin Identificatin Missin Reprt Cde cmpliance Legislatin refrm Effective enfrcement Serve the public gd Nvember 2015 Dr Jhn D Wdfrd (Team Leader) Dr Raymnd Brisce, Graham Hamley

2 Veterinary Legislatin Identificatin Missin Reprt Kenya August 2016

3 VETERINARY LEGISLATION SUPPORT PROGRAMME REPORT OF THE VETERINARY LEGISLATION IDENTIFICATION MISSION KENYA 16 th 20 th Nvember 2015 Dr Jhn Wdfrd (Team Leader) Dr Raymnd Brisce (Technical Expert) Graham Hamley (Technical Expert) Disclaimer This missin has been cnducted by an OIE PVS Team authrised by the OIE. Hwever, the views and the recmmendatins in this reprt are nt necessarily thse f the OIE. The results f this reprt remain cnfidential between the evaluated cuntry and the OIE until such time as the cuntry agrees t release the reprt and states the terms f such release. Wrld Organisatin fr Animal Health 12, rue de Prny F Paris, FRANCE

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5 Kenya Veterinary Legislatin Identificatin Missin Table f cntents Table f cntents...5 List f acrnyms, abbreviatins and/r special terms... iii Acknwledgements...v Executive Summary... vi Reprt Backgrund t the missin Methdlgy Sci-ecnmic and plicy cntext f the veterinary services...3 Ecnmic Factrs...4 Scial Factrs...6 Animal Health and the Veterinary Services...6 Veterinary Educatin and training institutes...8 Draft Veterinary Plicy...9 Natinal legal framewrk Review f the natinal veterinary legislatin Detailed assessment f selected subject areas Overall cnclusins and recmmendatins Evaluatin f capacity t undertake future wrk n legislatin List f appendices Appendix 1 Crrespndence between the OIE and the cuntry Appendix 2 Organgram f the Veterinary Services Appendix 3 Missin Itinerary Appendix 4 Persns met during the Missin Appendix 5a Cuntry s respnses t the OIE questinnaire Part I Appendix 5b Cuntry s respnses t the OIE questinnaire Part II Appendix 6 List f acts and subrdinate legislatin cnsulted Appendix 7 List f reprts cnsulted during the missin Appendix 8 PwerPint presentatins used at entry/exit meetings Appendix 8a Opening Meeting presentatin Appendix 8b Clsing Meeting presentatin i

6 Kenya Veterinary Legislatin Identificatin Missin List f acrnyms, abbreviatins and/r special terms AHA(s) AHITI ASALs ASF AU BIP BSE CAHNET CAHW CBPP CE COMESA CPD CVA CVL CVO DFZ DVM DVS EAC EU FAO FMD GDP HACCP HPAI IBAR ISO IT KARI KEBS KES KMC Animal Health Assistant(s) Animal Health and Industry Training Institute Arid and Semi-Arid Lands African Swine Fever African Unin Brder Inspectin Pst Bvine Spngifrm Encephalpathy Cmmunity based Animal Health Netwrk Cmmunity based Animal Health Wrker Cntagius Bvine Pleurpneumnia Cntinuing Educatin Cmmn Market f Eastern and Suthern Africa Cntinuing Prfessinal Develpment Cunty Veterinary Authrity Central Veterinary Labratry Chief Veterinary Officer Disease Free Zne Dctr f Veterinary Medicine Department f Veterinary Services East African Cmmunity Eurpean Unin Fd and Agriculture Organisatin f the United Natins Ft and Muth Disease Grss Dmestic Prduct Hazard Analysis Critical Cntrl Pint Highly Pathgenic Avian Influenza Inter-African Bureau fr Animal Resurces (AU) Internatinal Organizatin fr Standardizatin Infrmatin Technlgy Kenya Agricultural Research Institute Kenya Bureau f Standards Kenya Shilling Kenya Meat Cmmissin iii

7 Kenya Veterinary Legislatin Identificatin Missin KNBS KVA KVB KWS LD LITS MH MU MTI ND NGO NVA OIE OIE-PVS PPB PPLDU PPP PPR PRSP RFID RVF RVIL SAP SPS TADs TAHC USD VLIM VMD VPH VS VSB VSDF WHO WTO Kenya Natinal Bureau f Statistics Kenya Veterinary Assciatin Kenya Veterinary Bard Kenya Wildlife Service Livestck Develpment Livestck Identificatin and Traceability System Ministry f Health Memrandum f Understanding Meat Training Institute Newcastle Disease Nn-Gvernmental Organisatin Natinal Veterinary Authrity Wrld Organisatin fr Animal Health OIE Tl fr the Evaluatin f Perfrmance f Veterinary Services Pharmacy and Pisns Bard Plicy, Planning and Legal Develpment Unit Public Private Partnership Peste des petits ruminants Pverty Reductin Strategy Paper Radi Frequency Identificatin Device Rift Valley Fever Reginal Veterinary Investigatin Labratry Structural Adjustment Prgramme Sanitary and Phyt-Sanitary Agreement Transbundary Animal Diseases OIE Terrestrial Animal Health Cde United States Dllar Veterinary Legislatin Identificatin Missin Veterinary Medicines Directrate (in prpsed draft legislatin) Veterinary Public Health Veterinary Service(s) Veterinary Statutry Bdy as per OIE Cde definitin Veterinary Services Develpment Fund Wrld Health Organisatin Wrld Trade Organisatin iv

8 Kenya Veterinary Legislatin Identificatin Missin Acknwledgements This OIE PVS Veterinary Legislatin Identificatin Missin cnducted by Dr Jhn Wdfrd (Team Leader), Dr Raymnd Brisce (Technical Expert - Veterinary) and Mr Graham Hamley (Technical Expert - Legal), hereinafter referred t as the Team has been frmally authrised by the OIE. The supprt prvided by OIE t this missin is acknwledged with thanks. Firstly, the Team wuld like t thank Dr Kisa Ngeiywa, Directr f Veterinary Services, State Department f Livestck, Ministry f Agriculture, Livestck and Fisheries (MALF), fr his versight during the rganisatin f this missin and fr his excellent guidance, twards the end f the missin when he was able t participate in meetings. The Team wishes t express its sincere thanks t Prf. Fred H. K. Segr, Principal Secretary, State Department f Livestck, Ministry f Agriculture, Livestck and Fisheries (MALF). Dr Segr met with the Team at the beginning f the missin, prviding an insight int the verarching plicies f the Ministry, especially with respect t issues related t the recent changes in the Cnstitutin f Kenya and the devlutin f respnsibilities frm the central gvernment t the 47 cunties, and again at the end f the missin, fr a debriefing n the key Findings and Recmmendatins f the Team and the veterinary legislatin wrking grups. The Team wuld like t take this pprtunity t thank the Department f Veterinary Services (DVS) fr their extremely generus hspitality in hsting this missin. The Team is especially grateful t Dr Cathryn Wanjhi (Plicy Crdinatin, DVS) and Dr Christpher Wanga (Plicy and Legislative Affairs Officer, DVS) wh served as the fcal pint fr the missin, fr their tireless effrts in ensuring the timely cmpletin f the tw Questinnaires prir t the missin, fr arranging the missin itinerary and fr rescheduling, when necessary, stakehlder meetings that we attended during the missin. In additin, we wuld like t acknwledge and give thanks t all the ther members f staff f the DVS and the representatives f ther agencies, departments and ministries, wh freely gave f their time and experience t assist in the successful accmplishment f this missin: Finally, we wuld like t thank Jseph, ur driver, wh lked after ur lgistical arrangements during the missin, ften giving up his precius free time t be available t us utside his nrmal wrking hurs. v

9 Kenya Veterinary Legislatin Identificatin Missin Executive Summary Kenya has been an active participant in the OIE PVS Pathway ver recent years, having cmpleted a PVS Evaluatin missin in July 2007, a PVS fllw-up missin in April 2011, a Gap Analysis missin in July 2011 and nw a Veterinary Legislatin Identificatin Missin (VLIM) in Nvember The VLIM Team were specifically requested t prvide assistance with updating the legislatin in rder t bring it in line with OIE and ther internatinal standards and als t prvide guidance as t hw new legislatin culd be develped in such a way as t accmmdate the recent changes in the Cnstitutin, prmulgated in 2010, mst ntably the establishment f 47 Cunty gvernments t replace the frmer 8 Prvincial and 290 District authrities. The sectins f the Cnstitutin that define the respective rles and respnsibilities f the natinal and cunty gvernments, in particular in relatin t agriculture and the delivery f Veterinary Services (VS), are reviewed in Sectin 3 f this Reprt. In line with the recent changes f the Cnstitutin, the natinal gvernment has respnsibility fr develping and defining plicies, setting standards fr the regulatin f the functins related t animal health, prductin, welfare, fd safety f animal prducts, dmestic and internatinal trade f animals and animal prducts, fr training and develping capacity at the cunty gvernment level and fr the regulatin f the veterinary prfessin and veterinary para-prfessins. The natinal gvernment is whlly respnsible fr implementing legislatin related t internatinal trade f animals, animal prducts, and ther cmmdities which may pse a threat t human r animal health r life and the envirnment and veterinary medicines and bilgicals. Thrugh devlutin, cunty gvernment is respnsible fr implementatin f legislatin gverning animal disease surveillance, the preventin and cntrl f animal diseases, animal breeding, animal prductin, fd safety f animal prducts destined fr dmestic human and animal cnsumptin and animal welfare. Shrtly befre the prmulgatin f the new Cnstitutin, the gvernment f Kenya published a natinal develpment prgramme knwn as the Kenya Visin 2030 Prject1. This plicy is being implemented thrugh a series f medium term (5 year) develpment strategies, the first f which ran frm The State Department fr Livestck has used the Visin 2030, (as it has becme knwn), as the basis fr develping its wn draft natinal Veterinary Plicy dcument. The draft natinal Veterinary Plicy, as indeed des the Visin 2030, places the develpment f livestck marketing, and especially gaining access t exprt markets fr meat, as being a high pririty. In view f the Cnstitutinal changes with regard t the respective rles and respnsibilities f natinal and cunty gvernments, the natinal Veterinary Plicy als gives high pririty t reviewing and revising the veterinary legislatin. Fr the purpse f prviding cunty veterinary fficers with guidance in setting up their cunty veterinary authrities the DVS has als published a dcument entitled Guidelines fr the Delivery f Veterinary Services in Kenya (undated), State Ministry fr Livestck, MALF. These guidelines prvide detailed guidance fr the cunty gvernments t establish their veterinary authrities and clearly define the chain f cmmand fr animal disease surveillance, the preventin and cntrl f animal diseases and ther imprtant areas f the veterinary dmain as well as the lines f cmmunicatin between the central DVS and the cunty gvernments. During the cnduct f this missin, the Team fund that the DVS has a cadre f well qualified veterinarians wh are dedicated t meet the challenges brught abut thrugh the prcess f devlutin as well as t refine their legislatin t bring it in line with internatinal standards. 1 Kenya Visin 2030 (2007) ( %20Ppular%20Versin.pdf) vi

10 Kenya Veterinary Legislatin Identificatin Missin The DVS has access t a lawyer wh is permanently emplyed within the State Ministry f Agriculture but nt well grunded in legislative drafting. Whilst this lawyer may be able t prvide assistance with develping new r amending existing legislatin it is the Office f the Attrney General where lawyers with legal drafting experience reside. In view f the heavy wrklad f the existing legal cunsel within the MALF it is recmmended that a lawyer with experience in legal drafting shall be identified t supprt the DVS frm the Office f the Attrney General as a fcal persn in rder t assist with the enrmus task which the DVS nw faces in rder t update and bring all f its legislatin int line with OIE and ther internatinal standards. There is cnsiderable evidence that the mst imprtant stakehlders wh have a rle t play in livestck develpment have actively participated in shaping the mre recently develped pieces f legislatin; especially the Veterinary Surgens and Veterinary Para-prfessins Act, (Cap 366, 2011) and Regulatins (2013) and the draft Animal Welfare Act. It is recmmended that a manpwer needs assessment fr the cuntry is cnducted by the DVS in partnership with all the cunty gvernments cvering the ASALs, and ther stakehlders, including private veterinarians and veterinary para-prfessinals, livestck keepers, the KVB, the NGOs and dnrs, all f whm have an interest in imprving the quality and access t animal health services in these areas. On misuse f veterinary medicines it was agreed that the Veterinary Medicines Directrate (VMD) established by the Veterinary Surgens and Veterinary Paraprfessinals (VSVP) Act N.29 f 2011 whse relevant regulatins were gazetted vide Kenya Gazette Supplement N.174 f 9th Octber 2015 ught t be peratinalized. The VMD shall regulate the manufacture, imprtatin, exprtatin, registratin, distributin prescriptin and dispensing f veterinary medicines and the practice f veterinary pharmacy in Kenya. The VMD shall fcus n reductin r eliminating vilative drug residues in animal prducts and safeguarding human health and animal welfare. It was als felt that it might als be necessary t strengthen the manpwer and financial resurces f the KVB t enable it t perfrm its regulatry functins mre effectively. The use f apprpriately trained and supervised Cmmunity Animal Health Wrkers (CAHWs) in the mre remte areas f the ASALs wuld nt nly augment the efficiency f disease preventin and cntrl interventins, animal disease surveillance wuld als be greatly enhanced, thus helping t generate cnfidence in Kenya s ability t accurately reprt its animal health status t the OIE and its mre imprtant internatinal trading partners. Summary f Findings and Recmmendatins The main piece f legislatin cvering animal health is the Animal Disease Act (Cap 364 f 1965, revised Editin 2012). Althugh this Act identifies the Directr as being the Directr f Veterinary Services, and prvides the Directr with sme pwers and authrity, the Act des nt identify the Department f Veterinary Services as the Cmpetent Authrity respnsible fr regulatin f the fllwing mre imprtant areas f the veterinary dmain: animal disease surveillance; the preventin, cntrl and eradicatin f animal diseases and zntic diseases in animals; the regulatin f the activities f veterinary diagnstic labratries fr the cnduct f fficial tests and analyses; the safety and quality f animal prducts destined fr human cnsumptin r ther purpses, and animal feeds; the regulatin f the imprt and exprt f animals, animal prducts and ther cmmdities which may present a risk t human r animal health r life; r animal welfare. vii

11 Kenya Veterinary Legislatin Identificatin Missin There are hwever, a number f ther Acts that fall under the cntrl f the DVS which make prvisins fr the regulatin f specific areas f the veterinary dmain. These include, fr instance, the Rabies Act (1932), the Branding f Stck Act (1907), the Stck and Prduce Theft Act (1933), the Cattle Cleansing Act (1929), the Meat Cntrl Act (1972), the Kenya Meat Cmmissin Act (1950), the Hides Skins and Leather Industry Act (1987) and the Fertilisers and Animal Fdstuffs Act (1982) amended in Each f these Acts partially cvers the regulatin f the preventin and cntrl f animal diseases, animal identificatin, stck theft, the use f insecticides fr tick cntrl, the fd safety f animal prducts and the safety and quality f animal feeds. Hwever, in each case, as discussed in mre detail in sectin 4.1 f this reprt, these Acts are largely utdated and are nt fully cmpliant with OIE and ther internatinal standards. In view f the implicatins f the changes brught abut by the new Cnstitutin, whereby many pwers which were frmerly held by the DVS but which are nw devlved t cunty gvernments as well as the many gaps, verlaps f rles and respnsibilities and ther shrtcmings in the existing animal health and veterinary legislatin, it is recmmended that any new law prpsed r review f the existing laws must be geared twards addressing current challenges. The prpsed new legislatin shuld identify the Department f Veterinary Services as the Cmpetent Authrity t regulate sme r all f the abve (bullet pints) areas f the veterinary dmain. The preparatin f any prpsed new legislatin r amendments t existing legislatin shuld be undertaken in clse cllabratin with all stakehlders, especially the develpment f the Fd and Drug Administratin Bill, which is being develped by the PPB and which will affect the regulatin f fd safety and veterinary medicines, bearing in mind that the respective rles and respnsibilities f each f the Cmpetent Authrities respnsible fr the regulatin f fd safety f animal prducts and veterinary medicines must be clearly defined befre these are put int legislatin. The prpsed new legislatin shuld include prvisins which define a clear chain f cmmand and lines f cmmunicatin between the central gvernment headquarters and cunty gvernments. It is further recmmended that a Technical Standing Cmmittee is established within the DVS and that this cmmittee is given the respnsibility fr develping draft regulatins which define the standards thrugh which each area f interventin is implemented natinally and by cunty gvernments. It may be cnsidered necessary t define, under a Schedule, a list f animal diseases cmprising the mst imprtant transbundary animal diseases (TADs) and thse zntic diseases which the gvernment wishes t cntrl thrugh natinal cntrl prgrammes, under the legislatin and in rder t prvide fr enfrceable cperatin between natinal and cunty gvernments in the develpment and implementatin f natinal disease cntrl strategies fr these particular diseases. It is imprtant that livestck keepers are made aware f which diseases fall under the cntrl f the natinal gvernment, which diseases are t be prevented r cntrlled thrugh cunty gvernment prject assistance and which diseases are left t be cntrlled by the wners f animals, themselves. It is recmmended that the Minister is empwered t make Regulatins, but nly upn the advice f the Technical Standing Cmmittee, in rder t ensure the technical independence f the DVS. Such Laws and Regulatins wuld set the standards under each majr area f the veterinary dmain, as fllws: Animal health: disease surveillance; disease preventin, cntrl and eradicatin; animal identificatin, mvement cntrl and traceability; animal gatherings including animal markets, licensing and inspectins; zning and cmpartmentalisatin viii

12 Kenya Veterinary Legislatin Identificatin Missin Animal prductin: setting standards fr safety and quality f animal genetics; setting sanitary standards, licensing and inspectin f animal breeding centres; setting standards fr the safety and quality f animal feeds. licensing and inspectin f animal feed manufacturers / premises; Safety and quality f animal prducts fllwing discussins with the MH in relatin t their preparatin f a draft Fd and Drugs Administratin Bill: defining the respective rles and respnsibilities f the Veterinary Authrities (natinal and cunty gvernment) fr regulatin f the safety and quality f animal prducts, frm farm t frk ; setting sanitary standards fr cnstructin and management f fd prcessing establishments fr all types f animal prducts; prviding accurate definitins f primary, unprcessed animal prducts and animal by-prducts and the prcedures fr ensuring their safety and quality; placing the primary respnsibility fr safety and quality f animal prducts n the wner f a fd prcessing premises; prvisins fr the recall f animal prducts destined fr human r animal cnsumptin. Imprt and exprt f animals, animal prducts and ther cmmdities: definitins f animal prducts, and ther cmmdities which may present a risk t human r animal health r life and the envirnment; the prhibitin f imprt r exprt f animals, animal prducts r ther cmmdities unless subject t issuance f a permit (fr imprt) and an internatinal veterinary certificate (fr exprt); defining the prcedures befre and during imprt at Brder Inspectin Psts (BIP); designatin f prts f entry r exprt fr defined cmmdities; defining standards fr sanitary measures t be applied n imprted animals, animal prducts r ther cmmdities, based n OIE standards r n scientific justificatin, develped thrugh risk analysis in accrdance with the relevant internatinal standards; equivalence f standards f an exprting cuntry which result in a similar level f prtectin t that required by the imprting cuntry; harmnising with standards set by reginal and internatinal standard setting bdies, especially reginal trade rganisatins such as the EAC and COMESA Veterinary medicines and bilgicals fllwing discussins with MH/Pharmacy and Pisns Bard (PPB) related t the review f the Pharmacy and Pisns Act Cap 244 and subsequent preparatin f a draft Fd and Drug Authrity Bill and the current initiatives t peratinalize the Veterinary Medicines Directrate (VMD), it is necessary t: prtect the gains made in the establishment f the VMD by engaging cnstructively with the PPB t ensure that veterinary medicines are apprpriately regulated establish maximum residue levels (MRLs) and sampling and testing fr residues ix

13 Kenya Veterinary Legislatin Identificatin Missin in animal prducts; set cnditins related t supervisin and directin f VPPs authrised t use prescriptin nly medicines. Animal Welfare fllwing further discussins with animal welfare NGOs and cunty veterinary authrities: the principles f animal well-being, a gd definitin f what is meant by cruelty under Cap 360 Preventin f Cruelty t Animals Act; definitins f humane slaughter, slaughter animals, humane destructin and fr ther purpses such as jurney, resting pints space allcatin etc., in the case f transprtatin f animals, wrking animals ; prhibitin t cause cruelty r t cmprmise animal well-being; prvisins t establish an animal welfare Advisry Bard and an inspectrate; funding mechanisms fr humane cntrl f stray animals and ther animal welfare cntrl activities such as creatin f public awareness; authrity fr Cmpetent Authrity t set animal welfare standards fr: management f animals and animal nutritin, transprtatin f animals, humane slaughter f slaughter animals, wrking cnditins fr wrking animals, standards fr animals used in sprt, exhibitin r fr experimentatin, pwers t enfrce Act and Regulatins by the cmpetent authrities. It is recmmended that the DVS undertakes a cntinuus prcess f impact assessment f the veterinary legislatin during the stages f drafting in rder t assess the likely csts and benefits and later, during implementatin, in rder t assess the levels f cmpliance with a view t making adjustments as and when necessary. Such an assessment shuld include a detailed analysis f budget allcatins and the levels f perfrmance in the delivery f all clinical, preventive r ther regulatry veterinary services currently available and being delivered by the Veterinary Services at the natinal and cunty levels. It is further prpsed that the DVS reviews the recmmendatins made in previus OIE PVS pathway missin reprts, especially with regard t recmmended allcatin f resurces t prvide an imprved level and mre cst effective delivery f services t livestck keepers and the public (Gap Analysis Reprt 2011). The review and revisin f the veterinary legislatin shuld be undertaken in the wider cntext f bringing abut structural and functinal refrms f the Veterinary Services, expliting pprtunities, where they exist, fr facilitating the transfer f private gds services t private sectr service prviders, and at the same time placing greater imprtance n investment in develping capacity fr the DVS t prvide effective regulatry services. The DVS in updating legislatin shuld fcus n thematic, brad-based areas that can result in n mre than five main legislatins cvering all areas f veterinary interest with the details cvered under subsidiary legislatins t the required extent f fcus fr the varius veterinary dmains. The thematic areas include but are nt limited t gvernance; animal health and prductin; safety and quality f animal prducts and inputs; animal welfare. x

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15 Kenya Veterinary Legislatin Identificatin Missin Reprt 1. Backgrund t the missin The Veterinary Legislatin Identificatin Missin (VLIM) t Kenya, cnducted in Nvember 2015 fllws a PVS Evaluatin Missin cnducted in July 2007, a PVS Fllw-up missin cnducted in March 2011 and a PVS Gap Analysis missin cnducted in July This VLIM was cnducted by Dr Jhn Wdfrd, (Team Leader), Dr Raymnd Brisce, (Technical Expert Veterinary), and Graham Hamley, (Technical Expert Legal), at the request f Dr Kisa Ngeiywa, Directr f Veterinary Services, State Department f Livestck, Ministry f Agriculture, Livestck and Fisheries (MALF), and OIE Delegate representing the State Department f Livestck, Kenya. This missin is especially relevant at this pint in time since a new Cnstitutin, prmulgated in 2010, has established 47 cunties as devlved reginal gvernments with many new pwers and respnsibilities that were frmerly managed by the central gvernment. The DVS infrmed the Team at the beginning f the missin that ne f the mst pressing challenges facing the Veterinary Services (VS) is t develp a natinal plicy and legislative framewrk that wuld allw them t retain the necessary pwers and authrity t ensure well-crdinated and harmnised systems fr the prtectin f animal health and public health thrughut the territry f Kenya and at the same time t respect the principles f devlutin, defined by the new Cnstitutin. Whilst it has been acknwledged that cunty gvernments have made significant prgress in develping infrastructures and prviding sme f the mre essential public services, they generally lack capacity in public administratin and reprtedly have a pr recrd in terms f facilitatin f public engagement in the develpment f investment prgrammes 2. In sme instances, it was reprted t the Team during the missin that there has been a tendency fr sme cunties t develp legislatin largely fr the sake f revenue generatin withut necessarily understanding the full cst / benefit implicatins t the public and livestck wning cmmunities, in particular. The DVS infrmed the Team that they have been able t develp a very cnstructive dialgue with many cunty directrs f VS and are cnfident that this relatinship will ensure that the natinal VS can be re-shaped and develped with their full cperatin. The verall bjectives f the Veterinary Legislatin Identificatin Missin are: (i) t evaluate Kenya s veterinary legislatin and its cmpliance with Chapter 3.4 f the OIE Terrestrial Animal Health Cde (TAHC), (ii) (iii) (iv) t supprt the preparatin f Kenya s natinal pririties in terms f veterinary legislatin, and t identify the available human resurces, and t prpse a cmprehensive plan t mdernise Kenya s veterinary legislatin. 2 Kenya Ecnmic Update - June 2015, Editin N. 12. Wrld Bank Grup. 1

16 Kenya Veterinary Legislatin Identificatin Missin Methdlgy The VLIM was cnducted in English, the fficial language f the Gvernment f Kenya. The verall respnsible persn fr the cnduct f the missin was Dr Kisa Ngeiywa, Directr f Veterinary Services. The OIE veterinary legislatin fcal pint was identified as Christpher Wanga wh was based in the Plicy Crdinatin and Capacity Building Divisin f the DVS headed by Dr Catherine Wanjhi where the tw were identified as cntact persns with whm the Team Leader crdinated stakehlder meetings and a draft itinerary fr the missin thrugh an exchange f messages prir t the arrival f the Team in Kenya. The missin itinerary was develped and cnducted in the light f an ffsite review f sme f the mre imprtant legal texts cvering the veterinary dmain that were prvided t the Team prir t the missin by the cntact persns and respnses t Questinnaires I and II. Sme amendments t the draft prpsed itinerary were made during the missin in rder t accmmdate the varying availability f sme f the key stakehlders. The Team was able t meet with many f the principal actrs invlved with review as well as implementatin f the key Acts and Regulatins cvering the veterinary dmain including representatives f the Ministry f Health (MH) represented by the Pharmacy and Pisns Bard (PPB) in the area the cntrl f veterinary medicines and bilgicals. The respnses t Questinnaire Part I were cmplete and required n further amendment during the missin, hwever there were sme incnsistencies and misunderstandings with regard t sme f the respnses t Questinnaire Part II and these were dealt with during a cmprehensive review f Questinnaire Part II that was cnducted during meetings with senir managers f the DVS and external stakehlders, thrughut the missin. The ffsite review f existing legislatin carried ut befre, during and after the missin cmbined with the detailed nsite review f the Questinnaires is the basis fr the assessment f Kenya s veterinary legislatin t determine cmpliance with the standards defined in Chapter 3.4 f the OIE TAHC. During the missin, the Team held meetings attended by representatives f several NGOs and ther rganisatins invlved in livestck prductin r wildlife management, including the Kenya Veterinary Assciatin (KVA), the Kenya Veterinary Bard (KVB), the Kenya Livestck Technicians Assciatin (KALT), the Kenya Veterinary Para-prfessinals Assciatin (KVPA) the Africa Netwrk fr Animal Welfare (ANAW), the Kenya Sciety fr the Preventin f Cruelty t Animals (KSPCA), the Dnkey Sanctuary Kenya, Vétérinaires sans Frntières (VSF) Suisse, Wrld Animal Prtectin (WAP), VSF Germany, the Pan African Animal Welfare Alliance (PAAWA), and the Kenya Wildlife Service (KWS). The Team made visits t the Office f the Attrney General and the Pharmacy and Pisns Bard (PPB). At the first f these meetings the Team sught clarificatin n the rles and respnsibilities fr the natinal and cunty gvernments, respectively, as defined in the new Cnstitutin. Optins fr the DVS t retain the necessary degree f cntrl ver disease surveillance and the preventin, cntrl r eradicatin f specified transbundary animal diseases (TADs), fr the fd safety f animal prducts and the prudent use f veterinary medicines and bilgicals, amngst ther imprtant issues, were discussed. In the case f the meeting with the PPB, the discussins centred n the regulatin f the sale and use f veterinary medicines, especially with respect t the issues f antimicrbial resistance and the ptential presence f drug and pesticide residues in prducts f animal rigin destined fr human cnsumptin because f a lack f respect fr withdrawal perids f medicines and pesticides used in fd-prducing animals. 2

17 Kenya Veterinary Legislatin Identificatin Missin Sci-ecnmic and plicy cntext f the veterinary services The current Cnstitutin fr Kenya was prmulgated in Amngst the many refrms, the Cnstitutin devlves the respnsibility fr implementatin f agricultural plicies t 47 new cunty gvernments and sub-units f wards and village cuncils, that replace the frmer administrative regins cnsisting f 8 prvinces, (Central, Cast, Eastern, Nrth Eastern, Nyanza, Rift Valley, Nairbi and Western and 290 Districts, that were previusly administered by the central gvernment, but which are n lnger recgnized. The Kenya Visin 2030 Prject3 prvides a blueprint fr scial, plitical and ecnmic develpment, based n 5 year medium-term develpment and investment plans, the first f which ran frm Amngst the flagship prjects fr ecnmic grwth, the Visin 2030 identifies the fllwing prject targeting the livestck sub-sectr: Disease Free Znes : The Gvernment will establish at least fur Disease-Free Znes including in the ASAL regins. The perfrmance f the livestck sectr has been belw ptential because f limited investments in past decades. T revive the sectr and turn Kenya int an exprter f high-quality beef and ther livestck prducts, targeted livestck develpment prgrammes will be implemented revlving arund a series f strategicallyplaced Disease-Free Znes. A natinwide livestck census will be undertaken t facilitate the selectin and lcatin f the Disease-Free Znes. Within the znes, abattirs and strage facilities will be established. The facilities will include a tannery t begin the prcess f frmalizatin and f the leather sectr, and t stimulate its grwth. The OIE Gap Analysis, cnducted in August 2011 reprted that the DVS identified the fllwing pririties fr the develpment f the Veterinary Services: The main pririties which will guide the future develpment and investment plan are clsely related t the verall livestck develpment plicy which aims t increase fd security and sustainable incme fr rural cmmunities, as well as t increase cmpetitiveness and access t (freign) markets. This pririty is translated in the animal health pririties, which cnsist f a pverty reductin strategy (based n the natinal Pverty Reductin Strategy Paper) and a market riented strategy t establish disease free-znes fr trade-sensitive cattle diseases (FMD and CBPP mainly) in rder t exprt beef t high-value markets by The veterinary public health pririties are t strengthen the cntrl f the veterinary services ver meat inspectin services at district (lcal) level and t take ver frm the current system whereby numerus lcal abattirs are being inspected by the Ministry f Health (MH). The secnd pririty cnsist f strengthening the veterinary public health cntrls and impacts ver nn-meat cmmdities, such as milk, eggs, hney as well as meat prducts frm nn-traditinal r emerging farmed animal species, such as striches, rabbits, snails, etc. The nly pririty, as far as the Department f Veterinary Services is cncerned, is t maintain its current chain f cmmand t the underlying layers f the veterinary services delivery thrughut and after the cnstitutinal and institutinal refrm prcess that is underway and which will lead t the devlutin f pwers frm central gvernment, t cunty-based authrities (47). Due cnsideratin and attentin will have t be given t the reginal integratin, in particular the EAC Custms Unin, Cmmn Market and Mnetary Unin which are rapidly turning t reality. In practice, t date there has been very little evidence f the implementatin f this investment plan. It was reprted that many cunty gvernments are facing challenges in terms f recruitment f suitably qualified persnnel and have been allcating the limited resurces available t them t perfrm ther mre visible functins at the expense f the VS. The missin Team was infrmed that the prcess f devlutin f cre functins frmerly administered at the central level t cunty gvernments has absrbed almst all f the available funds fr capital and recurrent expenditure fr the delivery f public services in the 3 Kenya Visin 2030 (2007) ( 3

18 Kenya Veterinary Legislatin Identificatin Missin livestck sectr. The new Cnstitutin assigns veterinary plicy and setting natinal standards fr the regulatin f the functins related t animal health, prductin, welfare, fd safety and trade t the natinal gvernment and devlves specified functins in the animal resurce industry t the cunty gvernments while stipulating that the tw levels f gvernment shall cnduct their mutual relatins n the basis f cnsultatin and cperatin (Article 6 (2) f the Cnstitutin). Article 189 1(C) further prvides that gvernments at each level shall liaise with gvernment at the ther level fr the purpse f exchanging infrmatin, crdinating plicies, administratin and enhancing capacity. The 4th schedule f the Cnstitutin prvides fr cunty and natinal gvernments functins in the agricultural sectr and the Intergvernmental Relatins Act (2012) prvides fr interactin and cllabratin between the tw levels f gvernment n a regular basis t ensure availability f affrdable quality veterinary services all times. The leadership in the natinal and cunty gvernments, respectively, take respnsibility fr develpment f annual implementatin plans fr this plicy. Whenever apprpriate, the natinal and/r cunty gvernments shuld individually r cncurrently establish institutins t address new develpments in veterinary services4. T this end there have already been established the Jint Cmmittee fr Veterinary Services & the Cunty Veterinary Services Cmmittee. In respnse t the challenges largely brught abut thrugh the recent changes in the Cnstitutin, a new natinal Veterinary Plicy has been drafted. This new draft Veterinary Plicy fcuses n defining bjectives and develpment gals thrugh the implementatin f interventins in animal health, prductin, welfare, fd safety and trade. The draft Plicy is made in the light f the cnstitutinal bligatins f each level f gvernment, natinal and cunty, with regard t develpment f animal resurces and utlines functinal relatinships between the tw levels f gvernment. The Veterinary Plicy frms the basis f the Guidelines fr the Delivery f Veterinary Services (undated but signed by the Cabinet Secretary fr Agriculture, Livestck and Fisheries, the Chairman, Agriculture Cmmittee, Cuncil f Gvernrs, the Principal Secretary, State Department f Livestck and the Acting Directr f Livestck Services), which ges int sme detail in describing the respective rles and respnsibilities f the Natinal Veterinary Authrity (NVA) and Cunty Veterinary Authrities (CVAs) Ecnmic Factrs The agriculture sectr is the single largest cntributr t Kenya s natinal GDP at 27.3%. The cntributin f livestck (4.9% f natinal GDP) is just less than 18% f the ttal agricultural GDP, and in 2014 had an estimated value f KES 263 billin (apprximately US$ 2.5 billin)5. Hwever, a recent study undertaken by the Intergvernmental Authrity n Develpment (IGAD) reprted that livestck s cntributin t Kenyan agricultural GDP was mre than tw and a half times larger than the fficial estimate fr 2009, the mst recent year fr which there was cmplete data. This increase ver fficial estimates means that the livestck cntributin t agricultural GDP was nly slightly less than that frm crps and hrticulture, abut $4.54 billin US dllars fr livestck in 2009 versus $5.25 billin US dllars fr arable agriculture6. The livestck sub-sectr emplys 50 per cent f the agricultural labur frce and mre than 10 millin Kenyans, almst ne quarter f the ttal ppulatin, living in the Arid and Semi- Arid Lands (ASALs) derive their livelihd largely frm livestck. Abut 60 per cent f Kenya s livestck herd is fund in the ASALs. Livestck and wildlife grazing is the dminant land-use in these rangelands. Kenya s fisheries subsectr is mainly cmpsed f freshwater (lakes, rivers and dams) and marine (Indian 4 Draft Natinal Livestck Plicy (August 2015). 5 Kenya Natinal Bureau f Statistics, IGAD LPI, (2013). The Cntributin f Livestck t the Kenyan Ecnmy [ICPALD 4/CLE/8/2013 4

19 Kenya Veterinary Legislatin Identificatin Missin Ocean) surces with the rest cming frm aquaculture. Fish prductin is estimated at 150,000 MT annually, the sub- sectr cntributes abut 0.8 per cent f the cuntry s Natinal GDP and 5 per cent f agricultural GDP (KNBS, 2015). Fllwing the recent intrductin f the prcess f devlutin f gvernment respnsibilities t cunty gvernments a number f natinal, sectral and subsectral plicies have been develped. The mst imprtant verarching plicy guiding natinal develpment is the Kenya Visin 2030 Prject that aims t transfrm Kenya int a middle incme cuntry by the year The ecnmic pillar f the Visin 2030 has set a target f an annual grwth in GDP f 10%, beginning in Fr the agriculture sectr, the visin is t increase prducers incme thrugh prcessing and value additin and imprving access t markets. One f the flagship prjects targeting the livestck sub-sectr that is expected t cntribute t ecnmic grwth is the develpment f 4 5 Disease Free Znes (DFZs) and livestck prcessing facilities in rder t allw livestck prducers t meet dmestic demand as well as t imprve access t internatinal markets. The expected utputs f DFZs include: increased supply f quality meat, by 48,000 MT, fr the dmestic market and exprt; the creatin f mre than 100,000 jbs in the prductin and prcessing industries; a reductin in human deaths arising frm znses; increased milk prductin fr sale r husehld cnsumptin by five millin litres; increased hides and skins value; and rangeland and envirnmental imprvement f tw millin hectares a year. The value f benefits is estimated at KES 16.2 billin annually. Accrding t bth the PVS fllw-up and Gap Analysis missins, fr sme years the state VS have been suffering frm a lack f capital and recurrent funding allcatins. This has had a serius impact resulting in particular, in a lack f replacement f bslete labratry equipment and lack f maintenance f buildings, equipment and vehicles. It was stated in the PVS Gap Analysis reprt f March 2011 that the recurrent budget is mainly dedicated t the payment f salaries (83%) while the develpment budget prvides the peratinal means and supprts cunterpart cntributins in public develpment aid prjects. The apprach f the Gap Team was therefre t prmte financial supprt fr peratinal csts balancing these resurces with the available persnnel and the current administratin. In additin, rather than t fresee new recruitments fr new areas f interventin r inspectin f the VS, redeplyment f existing staff has been prmted as much as pssible. In additin, ther strategic ptins favured by the Gap Team were t strengthen training effrts including Cntinuing Educatin (CE), adpt a prgrammatic apprach t disease preventin, cntrl and eradicatin prgrammes, establishing Public Private Partnerships, applying Standard Operating Prcedures, ratinalising the veterinary field netwrk and re- assessing the labratry service delivery. It was acknwledged by the DVS during the VLIM that very little has been achieved in implementing the investment prgramme prpsed by the Gap Analysis, since mst f the available budget allcatins have been absrbed in develping infrastructures and administrative capabilities at the 47 Cunty Veterinary Offices. 5

20 Kenya Veterinary Legislatin Identificatin Missin Scial Factrs Kenya has an estimated human ppulatin f 45.5 millin which is grwing at the rate f apprximately 1 millin per annum. A Natinal Census cnducted at the husehld level in 2009 established Kenya s animal resurce base t be 17.5 millin cattle, 27.7 millin gats, 17 millin sheep, three millin camels, 300,000 pigs, 31.8 millin dmestic birds, 1.8 millin dnkeys and an undetermined number f cmpanin, game and aquatic animals. The livestck sectr emplys 50 per cent f the agricultural labur frce and mre than 10 millin Kenyans living in the ASALs derive their livelihd largely frm livestck. Kenya has a ttal area f 582,650 square kilmetres, f which the ASALs, in the nrth and nrth east f the cuntry, cnstitute abut 80 per cent f the land mass and are where the majrity f the cuntry s natinal parks and game reserves are t be fund. The ASALs are nt suitable fr rain-fed agriculture but supprt mre than 60 per cent f the cuntry s livestck herd and many species f wildlife. Despite being the areas where livelihds are almst entirely dependent n animal resurces, the animal resurce industry infrastructure in the ASALs is cnsidered t be seriusly understaffed, infrastructures are generally in a pr state f repair and the areas are frequently affected by insecurity. The remaining 20 per cent f Kenya s landmass is suitable fr rain-fed crp agriculture and hlds the natinal herds f dairy cattle, pultry and pigs, amng ther animal species. Animal Health and the Veterinary Services The public Veterinary Services f Kenya cmprise bth Natinal and Cunty VS. The Natinal VS are managed by the Directr f VS wh is the de fact Chief Veterinary Officer (CVO). The natinal arm f VS mainly perfrms the fllwing functins: develpment and review f veterinary-related plicies; regulatin f veterinary services, veterinary certificatin fr imprt and exprt f animals and animal prducts, veterinary diagnstic labratry services, disease surveillance in cllabratin with cunty veterinary services, capacity building and the cntrl f natinal transbundary animal diseases. An rgangram depicting the structure f the DVS in 2011, is given in Appendix 2 t this reprt. The cunty gvernments are respnsible fr the fllwing VS amng thers: animal disease and pest preventin and cntrl; livestck sale yards; registratin and inspectin f cunty abattirs; fd safety f animal prducts destined fr dmestic human cnsumptin; animal (mvement) cntrl and animal welfare. The natinal veterinary diagnstic and quality cntrl labratry infrastructure includes tw natinal labratries, namely: Central Veterinary Labratries (CVL) lcated in Kabete and the Natinal Veterinary Quality Cntrl Labratry, Embakasi. In additin, there are six reginal referral labratries lcated in Nakuru (fr Suthern and Central Rift Valley regin), Kerich (fr Nyanza, Western and Suth Western Rift Valley regins); Karatina (Central and Eastern regins); Mariakani (Castal regin); Garissa (Nrth Eastern regin and parts f Castal regin) and Eldret (Nrthern Rift Valley and Nrthern part f Western regin) and a few cunty labratries. There are n veterinary labratries in the regins f nrthern Kenya (apart frm Garissa), where mst f the livestck are and where mst peple depend n them fr their livelihd. The veterinary diagnstic labratry netwrk remains the respnsibility f 6

21 Kenya Veterinary Legislatin Identificatin Missin the natinal gvernment VS, fllwing the changes brught abut fllwing the prmulgatin f a new Cnstitutin in Slaughter facilities fr meat animals exist in all parts f the cuntry. In 2014, there were 1,850 lcal and eight exprt slaughterhuses in the cuntry. The current delivery f veterinary public health services is mainly limited t meat and meat prducts and des nt include the regulatin f all animal surce fds. Meat inspectin services are gverned by the Meat Cntrl Act (1972), which prvides cdes f inspectin fr cattle, gats, sheep, pigs and pultry meat. Cdes f inspectin fr camel, rabbit and dnkey meat and ther animal species prducts are still t be develped. The DVS has s far taken ver meat inspectin services in the whle cuntry except fr a few slaughterhuses in the ASAL cunties that are still under the Ministry f Health f Health and relevant state Departments. The respnsibility fr registratin, hygiene inspectin and ante- and pst mrtem inspectin in cunty abattirs and ther slaughter facilities will nw becme the respnsibility f cunty gvernments. Private veterinary services have becme established thrughut much f Kenya, fllwing the Structural Adjustment Prgrammes (SAPs) during the 1990s when gvernment was bliged t withdraw frm prviding rutine clinical services t livestck keepers in the mre rain fed areas f the cuntry, where mixed crp and livestck prductin systems predminate. Hwever, the gvernment has maintained respnsibility fr delivery f these services in the ASALs where it was felt that private sectr service delivery culd nt be established due t the unique ge-climatic and demgraphic characteristics that determine the largely extensive system f migratry human and livestck ppulatins. In thse higher rainfall areas f Kenya where private veterinary practices have becme established the services prvided include rutine clinical practice, herd health advisry services, the sale f veterinary prducts, reprductive technlgy services including artificial inseminatin (AI) and sme vaccinatin services, amng thers. Hwever, fr mst areas f Kenya, the gvernment has retained cntrl ver the prvisin f vaccinatin services, which are ften nly prvided when funds are available and d nt always achieve gd cverage. Sme public Veterinary Services can be delegated t private veterinary service prviders, as was the case during the latter stages f the Rinderpest eradicatin prgramme. The main challenges facing the expansin f private sectr delivery f veterinary services is the lack f start-up capital and the high cst f credit as well as cmpetitin frm large numbers f unregulated entrepreneurs, selling cheap and ften pr quality medicines and ther inputs. An imprtant new develpment in the nn-gvernmental sectr delivery f animal health services has been the establishment f an animal health service franchise knwn as SIDAI 7. SIDAI is wned by the nn-gvernmental rganisatin (NGO) Farm Africa. The first phase f this prject was established in 2012 under a grant prvided thrugh the Bill and Melinda Gates Fundatin. SIDAI wrks in partnership with the Equity Bank and the Glbal Alliance fr Veterinary Medicines (GALVMED) (amngst ther lcal and reginal rganisatins) in rder t ensure access t credit and a high quality animal health service, livestck extensin services and supplies f quality assured prducts. SIDAI aims t establish up t 150 franchise animal health centres thrughut the lwer ptential areas f Kenya where access t inputs and services fr livestck prductin has been weak due t the ge-climatic and demgraphic cnditins that characterise the ASALs. A number f ther NGOs, including VSF Germany and VSF Suisse are als active in the ASALs and wrk in cllabratin with the state VS t augment animal health service delivery t the mre remte cmmunities where the state VS cannt reach easily

22 Kenya Veterinary Legislatin Identificatin Missin The prfessinal cnduct f veterinary service delivery in Kenya is regulated by the Kenya Veterinary Bard (KVB), established under the Veterinary Surgens and Veterinary Paraprfessinals Act (2011) t supervise and regulate the training, business practices and the emplyment f veterinary surgens and veterinary paraprfessinals (VPPs) in Kenya. The KVB prvides advisry services t the gvernment in relatin t all aspects f veterinary service delivery. KVB registers and licenses veterinary surgens and veterinary paraprfessinals as well as regulating the educatin and training f veterinary surgens and veterinary paraprfessinals and the inspectin f private veterinary service prviders and facilities. Fr these purpses, the KVB has prpsed t establish 8 reginal ffices thrughut Kenya. The ther mre imprtant institutins which supprt the livestck industry in Kenya include the fllwing institutins: Kenya Meat Cmmissin (KMC) Kenya Dairy Bard (KDB) Kenya Animal Genetics Resurce Centre (KAGRC), Kenya Veterinary Vaccines Prductin Institute - (KEVEVAPI) Kenya Tsetse and Trypansmiasis Eradicatin Cuncil (KenTTEC) Kenya Agricultural and Livestck Research Organisatin (KALRO). Veterinary Educatin and training institutes The veterinary educatin and training institutes in Kenya are cmprised f the Faculty f Veterinary Medicine at the University f Nairbi and a Veterinary Faculty at Egertn University. In additin, there are three additinal categries f training institutes: The Animal Health and Industry Training Institutes (AHITIs), The Meat Training Institute (MTI) and The Dairy Training Institute (DTI). The AHITIs are based at Kabete, Nyahururu and Ndmba were established in 1963, 1979 and 1984, respectively and train the varius categries f veterinary para-prfessinals, largely t serve the needs f gvernment veterinary services. Many AHITI graduates nw als wrk in the private sectr. Affiliatin with reginal / internatinal rganisatins / institutins The gvernment f Kenya and the VS are active participants at meetings and cnferences f the fllwing reginal and internatinal institutins: African Unin Internatinal Bureau f Animal Resurces (AU-IBAR) East African Cmmunity (EAC) Cmmn Market f Eastern and Suthern Africa (COMESA) Inter-Gvernment Authrity n Develpment (IGAD) Wrld Organisatin fr Animal Health (OIE) Wrld Trade Organisatin (WTO) Wrld Health Organisatin / Fd and Agriculture Organisatin (WHO / FAO) (Cdex Cmmissin) 8

23 Kenya Veterinary Legislatin Identificatin Missin Draft Veterinary Plicy In rder t address the challenges brught abut by devlutin as well as t prvide a strategic visin fr the develpment f the livestck industry, the delivery f services and inputs and the expansin f markets, the DVS has prepared a draft Veterinary Plicy (August 2015) frm which the fllwing extracts have been taken: The Veterinary Services are classified as a glbal public gd fr which the Veterinary Authrity takes primary respnsibility with regard t gd gvernance and service delivery in accrdance with natinal and internatinal standards and public expectatins. The pre-devlutin rganisatin f the Veterinary Services was by all standards cmprehensive despite nt having a dedicated risk analysis r imprt/exprt unit. The current numbers f persnnel at Natinal and Cunty levels are nt based n a needs assessment, but n the plitical and administrative breakdwn f gvernment structures. The human resurce capacity f the cmpetent veterinary authrity is aging and requires apprpriate successin planning. The distributin f prfessinals and paraprfessinals is skewed against the ASALs where the subptimal animal: prfessinal rati encurages use f inadequately trained cmmunity members. (underlining made by the authr f this reprt). The draft Veterinary Plicy ges n t state that: The Natinal Gvernment will: 1. Prvide institutinal and legal framewrks fr the imprvement in the delivery f Veterinary Services. 2. Ensure the Veterinary Services has the authrity and the capability t carry ut its functins thrugh natinal legislatin and regulatins. 3. Ensure the Veterinary Services maintains an internatinally recgnised cmpetent veterinary cmmand structure in the service delivery and reprting. 4. Prvide guidelines fr ptimal human resurce capacity fr service delivery. Bth levels f gvernment will: 1. Strengthen veterinary gvernance thrugh prvisin f adequate human, material and financial resurces fr effective delivery f veterinary services. 2. Priritise develpment f an effective cnsultatin and cperatin mechanism in line with Kenyan laws as well as internatinal treaties ratified by Kenya. 3. Prvide an enabling envirnment fr the private sectr t perate in delivery f animal health, prductin, welfare and fd safety services. 4. Ensure that the distributin and availability f qualified human resurces is strengthened fr the effective delivery f animal health and fd safety services and in particular in the ASALs Table 1, The respective rles and respnsibilities f natinal and cunty gvernments fr the regulatin and delivery f public animal health, welfare and veterinary public health services as defined in the draft Veterinary Plicy belw, prvides a functinal analysis defining the respective rles f the natinal DVS and thse f cunty gvernments, and their shared respnsibilities. This analysis thus prvides a basis fr develping the legislative framewrk t gvern the veterinary dmain. In sme instances, the VLIM Team has made sme 9

24 Kenya Veterinary Legislatin Identificatin Missin recmmendatins (sectins in italics) fr the sake f cmpleteness and t prvide guidance fr establishing the authrity f the central level DVS t set standards and fr ensuring cmpliance and enfrcement f the law by cunty gvernment veterinary services, particularly with regard t: animal disease surveillance; the strengthening and utilisatin f veterinary diagnstic labratry services; fd safety f animal prducts and veterinary public health (supprting a One Health apprach); the sale and prudent use f veterinary medicines and bilgicals; and the delivery f animal health services in ASAL areas, where almst ne quarter f Kenya s human ppulatin are hlding mre than 60% f the ttal livestck resurce. Cnsiderable discussins ccurred during the missin with varius stakehlders with regard t the rles and level f training f Cmmunity-based Animal Health Wrkers (CAHWs), and the cverage f animal health services in the ASALs. In view f the imprtance f the ASALs as a majr livestck prductin system it wuld seem that pririty shuld be given t determine a mre equitable distributin f animal health service prviders allwing livestck keepers in these regins t have imprved access t affrdable services and inputs that are regulated thrugh the develpment f apprpriate mechanisms fr the supervisin r directin f different categries f veterinary para-prfessinals (VPPs). The VLIM Team recmmends that the DVS undertakes a manpwer needs assessment in cllabratin with stakehlders in the ASALs, including NGOs, private veterinarians and veterinary para-prfessinals and livestck keepers in rder t ratinalise their apprach twards animal health service delivery. It is imprtant that the very lw numbers f state emplyed prfessinal and para-prfessinal animal health service prviders deplyed at the cunty veterinary authrity headquarters and their limited mbility relative t the human and animal ppulatin distributin in the ASALs is taken int cnsideratin as well as the educatinal level f mst livestck keepers living in ASAL regins wh shuld be cnsidered as the mst apprpriate candidates fr training and deplyment as CAHWs, under prfessinal supervisin. The Team nted that the draft Veterinary Plicy wuld set a standard limiting CAHWs t a certificate level f training. Cnsistent with Article f Chapter 3.4 f the OIE TAHC, such a standard wuld be mre apprpriately set by the Veterinary Statutry Bdy, the KVB. 10

25 Table 1 The respective rles and respnsibilities f natinal and cunty gvernments fr the regulatin and delivery f public animal health, welfare and veterinary public health services as defined in the draft Veterinary Plicy (August 2015) (N.B. Text in italics are recmmendatins made by the Team) Discipline/Plicy bjective Animal Health T imprve the management f animal diseases and ensure cmpliance with sanitary requirements alng animal value chains. Epidemi-surveillance T cllect, recrd, analyse and reprt animal disease infrmatin in accrdance with OIE standards Natinal level rles & respnsibilities Develp strategies, prtcls and cntingency plans fr the cntrl and eradicatin f animal diseases, vectrs and parasites. Crdinate and enfrce disease cntrl, emergency respnses, animal health mitigatin measures and management f animal diseases that have the ptential t affect mre than ne cunty including animal mvement cntrl. Prvide fr implementatin f cllabrative natinal, crss brder and inter cunty strategies fr management f trans- bundary animal diseases. Enfrce dmestic health standards t safeguard public health and safe dmestic and internatinal trade in terrestrial and aquatic animals and their prducts. Uphld the respnsibility fr certificatin f dmestically prduced animals and their prducts. Supprt measures t eliminate spread f dmestic animal diseases via inter-cunty and internatinal trade while aviding unjustified sanitary barriers t trade. Prvide fr a framewrk fr public-private partnership fr effective delivery f veterinary services. Prvide fr regulatin f the prvisin f animal health services. Prvide fr cmpensatin mechanism and funds t aid disease cntrl and eradicatin. Develp and implement natinal epidemi-surveillance framewrk and guidelines. Cnduct, crdinate and regulate epidemi-surveillance. Cllate and share surveillance data. Reprt disease utbreaks at reginal, cntinental and internatinal levels as well as t the cunties. Develp natinal capacity fr epidemi-surveillance. Cunty level rles & respnsibilities Implement measures fr cntrl f animal diseases and pests. Enhance animal vaccinatin cverage t attain ptimal levels and implement the natinal standards in the cntrl f livestck mvement at all times. Prvide data and reprt disease utbreaks t the DVS. Priritise regular and targeted surveillance fr animal diseases and pests, in accrdance with the natinal standards Supprt private sectr animal health service prviders thrugh research agenda setting, technlgy transfer and disease cntrl measures. Implement natinal disease cntrl plicies and strategies. Prvide data and reprt disease utbreaks t the Cmpetent Authrity. Implement surveillance in partnership with private practitiners and the public. Reprt ccurrence f ntifiable diseases t the DVS. Shared respnsibilities Prvide fr prtectin f public land set aside fr establishment f quarantine statins, hlding grunds, utspans, veterinary demnstratin farms, veterinary investigatin labratries, stck rutes and ther veterinary institutinal lands. Cllabrate in the implementatin f disease free zning. Strengthen the epidemisurveillance system t integrate terrestrial, aquatic and wildlife health infrmatin. Supprt the participatin f the public and private animal health service prviders in epidemisurveillance. Strengthen the participatin f the public in disease surveillance and reprting. 11

26 Discipline/Plicy bjective Natinal level rles & respnsibilities Cunty level rles & respnsibilities Shared respnsibilities Veterinary diagnstic labratry services T prvide accurate diagnstic infrmatin in rder t reprt animal health status based n labratry cnfirmatin and fr the certificatin f animals and animal prducts in accrdance with OIE and Cdex standards (recmmended by VLIM Team) Enhance capacity f public veterinary labratries t prvide quality, efficient and cmpetent labratry services in line with natinal and internatinal standards. Imprve labratry infrastructural capacity. Establish natinal and reginal referral labratry netwrks t increase access t labratry services. Prvide fr imprvement f the capacity f the public diagnstic, research and quality assurance labratries fr animal inputs and prducts. Prvide fr accreditatin f public and private animal-based labratries Enhance use f labratry diagnstic services. Prvide fr cunty labratry services. Develp animal disease surveillance systems (passive surveillance) t prvide labratry samples fr cnfirmatin f clinical suspicin f utbreaks f ntifiable disease. Utilise labratry services fr active surveillance f disease preventin and cntrl prgrammes (recmmended by VLIM Team) Fd safety f prducts f animal rigin T safeguard public health and enhance dmestic and internatinal trade in animals and animal prducts. Prvide standards fr safety f fds f animal rigin. Develp prtcls fr quality assurance f all fd types f animal rigin. Prvide fr data and infrmatin management fr fd safety. Establish mechanisms fr regulatin f fd safety fr all animal prducts. Enfrce cmpliance t fd safety and fd defense standards. Prvide fr certificatin f prducts f animal rigin. Prvide fr data and infrmatin management fr fd safety surveillance. Implement apprpriate sanitary measures in the fd animal value chains fd safety surveillance. Adhere t fd safety standards. Implement strategies fr eliminatin f residues in fd f animal rigin. Prmte fd traceability. Adhere t the laws gverning fd safety and fd defense. Reprt t the Cmpetent Authrity the findings f fd safety surveillance. Establish One Health cllabrative platfrms, in partnership with stakehlders, fr managing zntic disease events and ther animal-based hazards t public health. Develpment f an apprpriate legislative framewrk fr the One-Health apprach. 12

27 Discipline/Plicy bjective Natinal level rles & respnsibilities Cunty level rles & respnsibilities Shared respnsibilities Zntic disease cntrl T ensure interdisciplinary cllabratin fr the preventin and cntrl f zntic and emerging diseases supprting a One Health apprach (recmmended by VLIM Team) develp mechanisms fr effective management f zntic diseases Mbilise resurces fr effective cntrl f znses. Review and develp apprpriate legislative framewrk. Crdinate and implement the management f trans-cunty and transbundary zntic diseases. Implement the strategies and plicies fr zntic disease cntrl. Prvide regular reprts t the Cmpetent Authrity. Manage f zntic diseases in cllabratin with ther stakehlders. Establishment f cllabrative platfrms supprting a One Health apprach, in partnership with stakehlders, fr managing zntic disease events and ther animal-based hazards t public health. Develpment f an apprpriate legislative framewrk fr the One-Health apprach. Animal prductin / breeding T enhance the develpment f the animal resurces industry thrugh prvisin and cnservatin f safe and healthy genetic resurces and adptin f mdern breeding technlgies. In partnership with stakehlders, supprt the develpment and review f breeding prgrammes fr animal resurces. Regulate the veterinary cmpnents in breeding including standardizatin, inspectin and apprval f hatcheries, breed multiplicatin farms, AI and ther breeding technlgies. Prvide fr artificial inseminatin and ther apprpriate breeding technlgies and imprvement f animal resurce genetics. Prvide fr the cnservatin f beneficial genetic resurces f veterinary imprtance. Prmte suitable breeding prgrammes fr animals. Supprt and prmte artificial inseminatin and ther breeding technlgies. supprt research and innvatin t imprve the quality f animals and animal prducts in rder t ensure their safety and? enhance their cmpetitiveness in the dmestic, reginal and internatinal markets. Safety and quality f animal feeds T imprve the quality and safety f inputs including feeds fr ptimum prductin and prductivity. Develp standards fr prductin f safe and quality animal feeds and fdder. Prvide standards fr regulatin f animal feeds manufacture including registratin and apprval f establishments and the prvisin f health requirements fr relevant peratins. Ensure cmpliance with health standards in the prductin and cmpsitin f animal feeds. Enfrce licensing and inspectin f manufacturers f animal feeds Supprt the cntinuus imprvement f safe and quality fdder prductin including rangeland pastures. Ensure the apprval and registratin f establishments fr feed manufacture t safeguard animal and human health. Supprt feed subsidies t increase marketability f animals and animal prducts 13

28 Discipline/Plicy bjective Natinal level rles & respnsibilities Cunty level rles & respnsibilities Shared respnsibilities Veterinary Medicines and bilgicals T ensure prvisin and apprpriate use f safe and efficacius veterinary pharmaceuticals and bilgicals. Integrate internatinal veterinary pharmaceutical standards at the natinal level. Prvide fr effective regulatin f prductin, quality assurance, imprt and exprt, marketing, sale and use f veterinary pharmaceuticals, pisns, pesticides and ethn- veterinary medicines. Prvide fr the separatin f the management f human and veterinary medicines regulatin and prvide apprpriate linkages t facilitate effective administrative mechanisms fr the cntrl and implementatin f quality standards, and regulatin f veterinary medicines and bilgicals. prmte and enfrce the apprpriate use and dispsal f veterinary pharmaceuticals, pisns, pesticides and ethnveterinary medicines, accrding t the Regulatins. Create public awareness f the cnsequences f misuse f antimicrbials and especially the presence f residues in animal prducts destined fr human cnsumptin (recmmended by VLIM Team) Animal Welfare standards T imprve and mainstream Animal Welfare in the animal resurce industry. Develp plicies, strategies, guidelines, laws and standards fr animal welfare. Prvide fr regulatin f animal welfare based n natinal guidelines and internatinal standards. Prvide an enabling envirnment fr the private sectr invlvement. Prmte animal welfare thrugh creatin f awareness. Develp apprpriate legislatin based n natinal guidelines. Prvide animal cntrl services including, cntrl f stray animals and licensing f cmpanin animals. Prvide fr facilities, fr accmmdatin, care and prper dispsal f animal carcasses. Wrk in clse cllabratin with NGOs t supprt enfrcement f animal welfare standards set thrugh Regulatins (recmmended by VLIM Team) 14

29 Discipline/Plicy bjective Natinal level rles & respnsibilities Cunty level rles & respnsibilities Shared respnsibilities Dmestic and internatinal trade in animals & animal prducts T prmte cmpliance with sanitary measures in dmestic and internatinal trade invlving animals and animal prducts in accrdance with SPS, OIE and Cdex standards (Recmmended by VLIM Team) Integrate internatinal standards n trade. Ensure certificatin f all animals and animal prducts in accrdance with set standards Prvide fr participatin in frmulatin f internatinal standards. Supprt capacity develpment fr cmpliance with sanitary measures and quality assurance at all levels in animal value chains. Develp standards and Regulatins fr the marketing infrastructure t enable cmpliance with sanitary, phytsanitary measures alng the marketing value chains. Prvide an enabling envirnment fr the private sectr t access lucrative markets. Strengthen natinal enquiry pints and ntificatin authrity in line with the WTO-SPS agreements. Enhance awareness f sanitary measures alng animal value chains. Enfrce standards necessary fr trade in animals and animal prducts. Implement fd defense and fd safety measures fr animal prducts. Prvide fr an efficient marketing infrastructure fr different animal species and animal prducts. Supprt the rganizatin f prducers, prcessrs and marketers int viable grups that can access credit, imprve n their pwers f negtiatin and entrepreneurship, maximize n the ecnmies f scale and reach agreements and cntracts n the supply f animals and animal prducts t markets in rder t harmnise adptin and implementatin f prductin and safety standards. Prvide fr tailr made mechanisms and prducts t supprt marketing Prvide an enabling envirnment fr private sectr investments in marketing infrastructure. Cntinually mnitr, evaluate and regulate levies and taxes charged n animals and animal prducts in rder t ensure a favurable trading envirnment. prvide fr infrastructural develpment with in-built features fr cmpliance with sanitary measures. 15

30 Discipline/Plicy bjective Natinal level rles & respnsibilities Cunty level rles & respnsibilities Shared respnsibilities Animal Identificatin and traceability T establish and apply animal identificatin and traceability prcedures that ensure sanitary cntrls and cnsumer prtectin. Establish a regulatry framewrk fr animal identificatin and traceability. Develp strategies, guidelines and prcedures fr identificatin and traceability. In cllabratin with stakehlders, crdinate the establishment f animal identificatin and traceability mechanisms. Establish a natinal database t supprt the management f disease utbreak, fd safety incidence, vaccinatin prgrams, herd/flck husbandry, animal mvement cntrl, inspectin, certificatin, fair practices in trade and utilisatin f veterinary drugs, feed and pesticides at farm level. prmte the applicatin f identificatin and traceability measures t animals and animal prducts in cmpliance with natinal guidelines and internatinal standards. Enfrce animal identificatin and traceability measures. Prvide feedback t natinal gvernment n animal identificatin and traceability data. Prvide infrastructural develpment fr cmpliance with sanitary measures. Develp strategies fr the eradicatin f animal diseases including disease-free zning and cmpartmentalisatin in line with the Kenya Visin 2030 and ther natinal and reginal pririties. Bisecurity T ensure bi-security in establishments that handle animal hazards. Develp bisecurity standards and prtcls. Prvide capacity building n bi-security and bi-preparedness. Strengthen bi-security legislatin in cllabratin with the Cmpetent Authrity and stakehlders. Supprt the enfrcement f bisecurity standards and Regulatins at the cunty gvernment level (VLIM Team recmmendatin) Mainstream bi-security risk management in the animal resurce industry. Imprve infrastructure in relevant facilities t ensure bisecurity. 16

31 Discipline/Plicy bjective Natinal level rles & respnsibilities Cunty level rles & respnsibilities Shared respnsibilities Veterinary gvernance T ensure effective and efficient veterinary gvernance fr management f veterinary services. Prvide institutinal and legal framewrks fr the imprvement in the delivery f Veterinary Services. Ensure the Veterinary Services has the authrity and the capability t carry ut its functins thrugh natinal legislatin and Regulatins. Ensure the Veterinary Services maintains an internatinally recgnised cmpetent veterinary cmmand structure in the service delivery and reprting. Prvide guidelines fr ptimal human resurce capacity fr service delivery Strengthen and empwer the veterinary statutry bdy t develp autnmy, prfessinal and financial independence and capacity, supprted by apprpriate legislatin. Prvide fr minimum qualificatins fr Cmmunity-based Animal Health Wrkers t attain, at least, a certificate qualificatin in animal health frm an institutin recgnized by the Kenya Veterinary Bard. Ensure that practitiners in animal health attain, at the minimum, qualificatins recgnized by KVB NB - VLIM Team recmmends that this standard may be revisited in respnse t the demand fr services in the ASALs and the current availability f Certificate hlders an initial (minimum) 6 mnth training curriculum may be fund t be useful and effective in the shrt t medium term until sufficient numbers f certificate level service prviders are able t meet the demand fr animal health services in ASAL areas - Supprt and facilitate the develpment f private veterinary practice especially in areas where the state veterinary service lacks the manpwer and resurces t prvide an effective cverage f primary animal health services. Supprt the enfrcement f regulatry standards t ensure the quality f services prvided by veterinary para-prfessinals under the supervisin r directin f registered veterinary surgens (VLIM Team recmmendatin) Strengthen veterinary gvernance thrugh prvisin f adequate human, material and financial resurces fr effective delivery f veterinary services. encurage prfessinal assciatins t regulate the cnduct f their members and prvide advcacy services fr imprvement f the animal resurce industry. Priritize develpment f an effective cnsultatin and cperatin mechanism in line with Kenyan laws as well as internatinal treaties ratified by Kenya. Prvide fr institutinal and legal framewrks fr the animal resurce industry. Undertake a manpwer needs assessment based upn available human and financial resurces and cnsumer demand, especially in the ASAL areas (recmmended by VLIM Team) 17

32 Natinal legal framewrk The Republic f Kenya is a unitary state with a cnstitutinal demcracy. The levels f administratin in the cuntry are natinal and cunty gvernments. The current Cnstitutin f the Republic f Kenya was prmulgated n 27 th August 2010, having been subject t natinal referendum n 4 th August The Cnstitutin ascribes the natinal values and principles f gvernance that include natinal unity, sharing and devlutin f pwers, the rule f law, demcracy and participatin f the peple, gd gvernance, transparency and accuntability, and sustainable develpment. The Cnstitutin guarantees human dignity, equality, scial justice, inclusiveness, human rights, nn-discriminatin and prtectin f the marginalised. Fundamental rights and freedms affrded thrugh the Cnstitutin include the rights t privacy, prtectin f the right t prperty, and fair administrative actin. The system f devlutin within Kenya is redefined under the new Cnstitutin, establishing 47 cunties each headed by a Gvernr and affrded their wn legislative mandates thrugh the Furth Schedule f the Cnstitutin. In accrdance with this Schedule, functins assigned exclusively t the cunty gvernments include i) agriculture, including animal husbandry, livestck and sales yards, and cunty abattirs, and ii) cunty health services, including veterinary services (excluding regulatin f the prfessin). Cnsequently, varius veterinary matters including animal disease cntrl fall under the authrity f the Cunties, which culd impact significantly upn the ability t take harmnized, effective respnsive actin natinwide in the event f a disease utbreak. Hwever, in accrdance with the Furth Schedule the natinal gvernment retains sle respnsibility fr the develpment f veterinary plicy and fr the prtectin f the envirnment and natural resurces with a view t establishing a durable and sustainable system f develpment, including ( ) prtectin f animals and wildlife. As such, the natinal gvernment retains strng legal authrity t take actin t ensure harmnized disease respnse measures natinwide thrugh the develpment f plicy, standards r legislatin. This may, fr example, be achieved thrugh amendment f the Animal Disease Act (Cap 364) t include a list f ntifiable diseases and crrespnding cntingency plans fr each, prescribing standardized respnse measures fr each ntifiable disease, thus ensuring a harmnized actin natinwide. This cmpetency f the Natinal Gvernment is further reinfrced by Article 191 f the Cnstitutin, which prescribes that in the event f a cnflict between natinal and cunty legislatin in respect f matters falling within the cncurrent jurisdictin f bth levels f gvernment, natinal legislatin prevails prvided that the natinal legislatin applies unifrmly acrss the territry f Kenya and: (i) the natinal legislatin prvides fr a matter that cannt be regulated effectively by legislatin enacted by the individual cunties; (ii) the natinal legislatin prvides fr a matter that, t be dealt with effectively, requires unifrmity acrss the natin, and the natinal legislatin prvides that unifrmity by establishing nrms and standards, r natinal plicies; r (iii) the natinal legislatin is necessary fr, amngst ther things, the maintenance f natinal security. The demcratic structure in the Republic f Kenya cmprises f a tripartite gvernment, cmpsed f the Executive, the Legislature and the Judiciary. The Natinal Executive is cmprised f the President, the Deputy President and the rest 18

33 f the Cabinet. The President is the Head f State and Gvernment and, in turn, is respnsible fr the appintment f Principal and Cabinet Secretaries. The Legislature takes the frm f a bicameral Parliament, cmpsed f the Natinal Assembly and the Senate. The Natinal Assembly is cmpsed f 290 members elected by vters f single member cnstituencies; 47 wmen elected by vters f the cunties, each cnstituting a single member cnstituency; 12 members nminated by parliamentary plitical parties; and the Speaker). The Senate is cmpsed f 47 members each elected by the registered vters f the cunties, each cunty cnstituting a single member cnstituency; 16 wmen members nminated by plitical parties; tw members, ne male and ne female, representing the yuth; tw members, ne male and ne female, representing persns with disabilities; and the Speaker. The Judiciary is divided int tw tiers f institutins: i) The Superir Curts: the Supreme Curt, the Curt f Appeal, the High Curt, and any ther curts established by Parliament with the status f High Curt, t hear specific types f dispute; and ii) The Subrdinate Curts: the Magistrates curts, the Kadhis curts, the Curts martial, and any ther curt r lcal tribunal as may be established by an Act f Parliament Each cunty gvernment cnsists f a Cunty Assembly and a Cunty Executive. The Cunty Assembly, the cre mandate f which includes versight and passage f legislatin, cmprises f a speaker and Members representing each ward within the cunties, f which there are 1450 acrss Kenya. The Cunty Executive in turn cmprises f the Cunty Gvernr, the Deputy Cunty Gvernr and Members appinted by the Gvernr. The Republic f Kenya has a mixed legal system based n English cmmn law, custmary law and Islamic law. The Cnstitutin is the supreme legal instrument in the cuntry, binding all persns and all state rgans, and any law deemed incnsistent with the Cnstitutin is vid. The Cnstitutin vests the pwer t make legislatin in the Natinal Assembly and in the cunty assemblies. As nted earlier, their respective legislative jurisdictins are prescribed in the Furth schedule f the Cnstitutin. The veterinary legislative prcess is initiated by the develpment f a plicy paper by the Department f Veterinary Services (DVS), r the Cunty Veterinary Services in the case f devlved legislatin. The plicy paper is presented t the Cabinet r the Cunty Executive Cmmittee that determines whether legislatin may be develped t implement the plicy. If apprval is granted, the plicy paper is then develped int draft legislatin by legislative drafters, firstly, emplyed in the MALF and available t the DVS, acting in accrdance with a detailed legislative plan created by the veterinary authrity and then frwarded t the ffice f the Attrney General fr crrectin and final drafting. Once drafted, the Bill is published in the Kenya Gazette t ntify the public and invite input thrugh elected fficials, r thrugh direct submissin f memranda r petitins. The Bill then underges a rigrus review and amendment prcess, as fllws 8 : (i) First reading: The Bill is intrduced t the Natinal Assembly r the Cunty Assembly. At this stage the Bill will be issued a tracking number and a title that reflects the subject matter. The Bill is then subject t high- 8 Fr further infrmatin n the legislative drafting prcess in the Republic f Kenya, see A Guide t the Legislative Prcess in Kenya, Kenya Law Refrm Cmmissin (2015), available at: (accessed 9 th December 2015). 19

34 level review f the title and basic principles, and may be referred t the relevant Sectrial Cmmittee fr further cnsideratin. (ii) Secnd reading: The purpse and bjectives f the Bill are presented in detail and subject t further discussin. Findings f the Sectrial Cmmittee are als shared t supprt discussin. At this stage, n amendments may be prpsed t the text, and the nly amendment that may be prpsed is t defer the secnd reading fr six mnths. (ii)(iii) Cmmittee f the whle Huse: During this stage the Bill is reviewed at a granular level, clause by clause. Amendments may be prpsed by Members f the Huse. N amendment can be made that wuld fundamentally deviate frm the riginal purpse f the Bill. (iii)(iv) Reprt stage: The Cmmittee reprts its findings t the whle Huse sitting in Plenary. (iv)(v) Third reading: During the third and final reading, Members may again discuss the fundamental principles f the Bill in its current frmulatin. Hwever, n further amendments t the Bill may be prpsed at this stage, and it my either be accepted r rejected. (v)(vi) Presidential r Cunty Gvernr assent: Having been passed by the Natinal r Cunty Assembly, the President r Cuntry Gvernr must, within furteen days, grant assent r refer the Bill back t the Assembly fr further cnsideratin, nting any specific reservatins. (vii) Gazettement: Upn receipt f assent, the Bill must be published in the Kenya Gazette, and the relevant Cunty Gazette in the case f cunty legislatin, within 7 days as an Act f Parliament. In accrdance with Article 116 f the Cnstitutin, the Act shall enter int frce furteen days after its publicatin in the Gazette. It is ntewrthy that the legislative develpment prcess at a natinal and cunty level are the same. The differences lie in the institutins invlved in the respective prcess, as highlighted where relevant in the step-by-step verview abve. A cmplete inventry f natinal and cunty bills, legislatin and case law in Kenya is made available nline at by the Kenyan Natinal Cuncil fr Law Reprting as established under the Natinal Cuncil fr Law Reprting Act (Cap 1A). Kenya has enacted extensive legislatin cvering the veterinary dmain. A ntable challenge t be addressed is the amendment f existing legislatin t reflect the reapprtinment f respnsibilities in the veterinary dmain between the Natinal and cunty gvernments. Article 11 f the Interpretatin and General Prvisins Act (Cap 2) demands that legislatin must be interpreted: with such frmal alteratins as t names, lcalities, curts, fficers, persns, mneys, penalties r therwise as may be necessary t make it applicable t the circumstances, thus preserving the existing legislatins validity. Regardless, legislative refrm f key areas impacted by this reapprtinment f respnsibilities wuld prmte legal clarity and minimize ambiguity in the interpretatin f veterinary legislatin. The implicatins f the new Cnstitutin with regard t devlutin f respnsibilities fr implementatin f animal health, animal welfare and veterinary public health services by Cunty gvernments are embdied in the fllwing Articles f the Cnstitutin, which are quted here in rder t prvide guidance in determining the structure f future natinal legislatin cvering the veterinary dmain. 20

35 Article 174 T give pwers f self-gvernance t the peple and enhance participatin f the peple in making decisins affecting them. T facilitate the decentralizatin f State rgans, their functins and services, frm the capital f Kenya. T prmte scial and ecnmic develpment and the prvisin f prximate, easily accessible services thrughut Kenya; Article 185 A cunty assembly may make any laws that are necessary fr, r incidental t, the effective perfrmance f the functins and exercise f the pwers f the cunty gvernment under the Furth Schedule. Article 186 If a functin r pwer is transferred frm a gvernment at ne level t a gvernment at the ther level (Art. 187): arrangements shall be put in place t ensure that the resurces necessary9 fr the perfrmance f the functin r exercise f the pwer are transferred and cnstitutinal respnsibility fr the perfrmance f the functin r exercise f the pwer shall remain with the gvernment t which it is assigned by the Furth Schedule. Article 189 Gvernment at either level shall: assist, supprt and cnsult and, as apprpriate, implement the legislatin f the ther level f gvernment and liaise with gvernment at the ther level fr the purpse f exchanging infrmatin, crdinating plicies and administratin and enhancing capacity. Gvernment at each level, and different gvernments at the cunty level, shall c- perate in the perfrmance f functins and exercise f pwers and, fr that purpse, may set up jint cmmittees and jint authrities. A Jint Cmmittee fr Veterinary Services and a Cunty Veterinary Services Cmmittee have already been established and may be cited in prpsed new legislatin as bdies respnsible fr harmnizing and crdinating the implementatin f standards t be set (thrugh the prmulgatin f Regulatins) by the natinal veterinary services fr: animal disease surveillance; animal disease preventin, cntrl and eradicatin; regulatin and enfrcement f fd safety f animal prducts destined fr human cnsumptin; regulatin f the use / safe dispsal etc. f animal by-prducts; the sale and use f veterinary medicines and bilgicals; animal welfare and any ther regulatry functins f the veterinary services at the cunty level. 9 Bld type-face placed in this sectin by the authrs f this reprt 21

36 Article 191 Natinal legislatin prevails ver cunty legislatin if: Natinal legislatin prvides unifrmity by establishing: nrms and standards r natinal plicies The natinal legislatin is aimed at preventing unreasnable actin by a cunty that- is prejudicial t the ecnmic, health r security interests f Kenya r anther cunty r impedes the implementatin f natinal ecnmic plicy. Furth Schedule Part 1 Natinal gvernment respnsibilities: - selected key statements related specifically t the livestck industry, animal health, welfare and veterinary public health are: (underlining made by the Team t emphasise relevance fr animal health and the veterinary dmain) 1. Freign affairs, freign plicy and internatinal trade. 9. Natinal Ecnmic Plicy and Planning 14. Cnsumer Prtectin 22. Prtectin f the envirnment and natural resurces with a view t establishing a durable and sustainable system f develpment including in particular: (b) prtectin f animals and wildlife; 24. Disaster management. 29. Agricultural plicy 30. Veterinary plicy 32. Capacity building and technical assistance t the cunties 33. Public investment. Part 2 Cunty gvernment respnsibilities: extracts pertaining specifically t animal health, welfare, livestck services and veterinary public health. 1. Agriculture, including (a) Crp and animal husbandry; (b) Livestck sale yards; (c) Cunty abattirs; (d) Plant and animal disease cntrl; (e) Fisheries. 6. Animal cntrl and welfare, including (a) Licensing f dgs and (b) Facilities fr the accmmdatin, care and burial f animals 14. Ensuring and crdinating the participatin f cmmunities and lcatins in gvernance at the lcal level and assisting cmmunities and lcatins t develp the administrative capacity fr effective exercise f the functins and pwers and participatin in gvernance at the lcal level. 22

37 The abve key statements, extracted frm the Cnstitutin, prvide the basis fr shaping the structure f any new legislatin t be develped t cver the veterinary dmain. The law can be structured in such a way that the natinal Veterinary Authrity is empwered thrugh prvisins made in the draft Bill t set standards thrugh Regulatins. The cunty gvernments are authrised t enfrce the Regulatins, and where necessary, can make by- laws fr the implementatin f the standards that have been set by the NVA in Regulatins under the natinal law(s). 4. Review f the natinal veterinary legislatin The levels f advancement f the critical cmpetencies related specifically t the veterinary legislatin at the time f the PVS fllw-up missin (March 2011) and thse t which the DVS aspired at the time f the Gap Analysis (August 2011), were as fllws: Level f advancement (ut f 5) PVS Critical Cmpetency PVS Fllw-up March 2011 Gap Analysis August 2011 IV-1 Preparatin f legislatin regulatins IV-2 Implementatin f legislatin regulatins and cmpliance theref and 3 4 and 2 4 IV-3 Internatinal harmnizatin 3 4 IV-4 Internatinal certificatin 3 3 The specific critical cmpetencies and levels f advancement hped t be achieved at the time f the Gap Analysis were: Preparatin f legislatin and regulatins - The authrity and capability f the VS t actively participate in the preparatin f natinal legislatin and regulatins in dmains that are under their mandate, in rder t guarantee its quality with respect t principles f legal drafting and legal issues (internal quality) and its accessibility, acceptability, and technical, scial and ecnmical applicability (external quality). This cmpetency includes cllabratin with relevant authrities, including ther ministries and Cmpetent Authrities, natinal agencies and decentralised institutins that share authrity r have mutual interest in relevant areas Level 4 - The VS have the authrity and the capability t participate in the preparatin f natinal legislatin and regulatins, with a relevant frmal methdlgy t ensure adequate internal and external quality, invlving participatin f interested parties in mst fields f activity. Implementatin f legislatin and regulatins and cmpliance theref - The authrity and capability f the VS t ensure cmpliance with legislatin and regulatins under the VS mandate. Level 4 - Veterinary legislatin is implemented in all dmains f veterinary cmpetence and the VS wrk t minimise instances f nn-cmpliance. Internatinal harmnisatin - The authrity and capability f the VS t be active in the internatinal harmnisatin f regulatins and sanitary measures and t ensure that the natinal legislatin and regulatins under their mandate take accunt f relevant internatinal standards, as apprpriate. 23

38 Level 4 - The VS are active in reviewing and cmmenting n the draft standards f relevant intergvernmental rganisatins. Internatinal certificatin - The authrity and capability f the VS t certify animals, animal prducts, services and prcesses under their mandate, in accrdance with the natinal legislatin and regulatins, and internatinal standards. Level 3 - The VS develp and carry ut certificatin prgrammes fr certain animals, animal prducts, services and prcesses under their mandate in cmpliance with internatinal standards. The draft Veterinary Plicy (2015) has specifically identified the need t review and revise the veterinary legislatin in Kenya, animal health, welfare and prductin are gverned by mre than 24 laws, which need t be reviewed. This plicy will infrm the review and cnslidatin f the veterinary laws in line with internatinal, reginal and natinal guidelines. and, The existing natinal veterinary laws need t be reviewed and cnslidated t address existing challenges and t achieve cnfrmity with the Cnstitutin and relevant internatinal treaties ratified by Kenya. Fr the purpses f undertaking a review and revisin f the legislatin cvering the veterinary dmain the DVS have divided their legislatin int tw categries. Categry 1 cnsists f the Acts and Regulatins that fall under the direct management f the DVS, whilst categry 2 cnsists f ther Acts and Regulatins that have a direct bearing n the veterinary dmain but which are administered and implemented by ther Ministries. Categry 1 legislatin: 1. Animal Disease Act, Ch.364 (1965, revised editin 2012) 2. Meat Cntrl Act, Ch.356 (1972) 3. Rabies Act, Ch.365 (1932) 4. Veterinary Surgens & Veterinary Para-prfessinals Act, N.29 (2011) and Regulatins (2013) 5. Branding f Stck Act, Ch.357 (1907, revised 2012) 6. Preventin f Cruelty t Animals Act, Ch.360 (1962) 7. Cattle Cleansing Act, Cap 358 (1937) 8. Hides, Skins & Leather Industry Act, Ch.359 (1987) Categry 2 Legislatin 1. Public Health Act, Chapter 242, (1921) in cllabratin with MH); 2. Fd, Drugs and Chemical Substances Act, Chapter 254 (1965), in cllabratin with MH); 3. Pharmacy and Pisns Act, Chapter 244, (1957 revised Ed 2009) in cllabratin with the MH); 4. Fertilizers and Animal Fdstuffs Act Cap 345 (1962); with ther Departments - MALF 5. Narctics, Drugs and Psychtrpic Substances Cntrl Act, Chapter 245 in cllabratin with the MH); 6. Pest Cntrl Prducts Act, Chapter 346, (1983) in cllabratin with the State Department fr Agriculture; 7. Standards Act, Chapter 496, in cllabratin with the Ministry respnsible fr Trade and Industrializatin; 8. Fisheries Act, Chapter 378, in cllabratin with the Ministry respnsible fr fisheries develpment; 24

39 9. Wildlife Cnservatin and Management Act, 2013, in cllabratin with the Ministry respnsible fr wildlife; 10. Custms and Excise Act, Chapter 472, in cllabratin with the Ministry respnsible fr custms; 11. Bi-safety Act, Number 2 f 2009, in cllabratin with the Ministry respnsible fr Science and Technlgy; 12. Witchcraft Act, Cap 67, in cllabratin with the Ministry respnsible fr culture; 13. Dairy Industry Act, Chapter 336; 14. Kenya Meat Cmmissin Act, Chapter 363. Cunty laws: Varius laws are t be develped by respective cunty gvernments. They shall apply within the cunty nly and must be in line with relevant natinal plicies and laws. At present the nly cunty law related t the veterinary dmain which has been prpsed fr enactment is the fllwing: 1. Nairbi City Cuncil Dg Cntrl and Welfare Bill (August 2015) During and prir t this missin it has nt been pssible t review all f the Regulatins r ther pieces f subsidiary legislatin that have been prmulgated under the abve Acts. In the case f the draft Animal Welfare Bill, which was reviewed by the Team, many f the prvisins made in this Bill wuld be mre apprpriately placed in Regulatins, where, as and when necessary, they may be amended. The mre recently drafted and prmulgated Acts and Regulatins reviewed during this missin were generally fund t have been well drafted and there was fund t be gd crss referencing within each f the newer pieces f legislatin. Mst areas f the veterinary dmain, as defined by the OIE, have been well cvered. The mre imprtant drafting errrs and gaps identified are cvered in the analysis given in the fllwing sectins f this Reprt, where each f the mre imprtant Acts cvering the veterinary dmain are examined in sme detail. In general, it has been fund that the internal quality f the legislatin is gd, hwever sme imprtant shrtcmings in terms f internal quality relate t the lack f apprpriate definitins fr many terms that are used in the legislatin, incnsistency in the use f definitins, different definitins used fr the same term in different pieces f legislatin, and in a few cases the use f subjective adjectives such as fit persns (s.3 (1) ADA (1965, revised editin 2012), adequate measures (s.131, PHA), withut reasnable cause (s.8(b) VS &VPA), carefully cnveyed (s.18 Nairbi City Cunty Dg Cntrl & Welfare Bill) etc. which can lead t legal uncertainty. In sme instances, especially the lder legislatin there are references t administrative authrities such as prvinces and districts, which are n lnger relevant. There are instances where sme f the prvisins made in Acts wuld be mre apprpriately placed in Regulatins. One such example is the draft Animal Welfare Bill (2015). 4.1 Detailed assessment f selected subject areas It is stated in the draft Veterinary Plicy (pp (x) and 20) that there is a need fr the review and cnslidatin f the existing veterinary and animal resurce legislatin. The Animal Disease Act (1965 revised editin 2012) des nt cmprehensively cver the prtectin f animal health and welfare, nr veterinary public health and is nt fully cmpliant with OIE and ther internatinal standards. There are bth verlaps and gaps in sme f the ther existing legislatin cvering the veterinary dmain with regard t the respective rles and respnsibilities f the DVS and the Ministry f Health with regard t fd safety f animal prducts and the regulatin f veterinary medicines and bilgicals. 25

40 The analysis given belw describes the areas f the veterinary dmain which are cvered by the existing legislatin, highlights sme f the mre imprtant shrtcmings and makes recmmendatins as t hw these might be dealt with in prpsed new r revised existing legislatin in rder t address the specific needs determined by the new Cnstitutin as well as t cmply with OIE standards utlined in Chapter 3.4 f the Terrestrial Animal Health Cde (TAHC) and ther internatinal standards, in particular, the WTO / SPS Agreement and the Cdex Alimentarius Animal Disease Act- Cap 364 (1965, revised editin 2012) Sectin 2 ADA (1965 revised editin 2012) Interpretatin ntifiable disease - In spite f the prvisin that the Minister may declare any ther disease as a ntifiable disease, r remve ne f the listed diseases frm the list given in this definitin, thrugh publicatin f a Ntice in the Gazette, the inclusin f a list f diseases under the definitin f ntifiable disease in the Act is nt altgether apprpriate since it may be necessary t make frequent changes t this list and referencing wuld be becme cumbersme when such changes are made thrugh a series f Gazetted ntices. In the future, it is advised t place any such lists f ntifiable r specified diseases in a Schedule(s), which can then be amended at any time, as and when necessary by the Minister, n the advice f a Technical Standing Cmmittee. In this way, the entire list f ntifiable and/r specified diseases is always fund in the same place and is readily accessible fr reference. In the future, it is recmmended that a definitin f emerging disease, as given in the Terrestrial Animal Health Cde (TAHC), is als prvided in the animal health legislatin. There may be a number f prvisins in the Act which wuld apply t bth ntifiable as well as emerging diseases. stck This definitin is restricted t a list f selected farm animal species and des nt include wild animals kept in captivity, dgs r fish. Sectin 7 paragraph (1) (a) mentins stck with regard t a restrictin f mvement int r ut f an infected area. This restrictin shuld be applicable t all susceptible animal species fr any particular ntifiable disease. There are ther instances in the ADA (1965, revised editin 2012) and ther Acts (Branding f Stck Act (1907), Public Health Act (1921)), where the term stck is used but where it may be mre accurate t use the wrd animal r fd animal, meaning any animal whse meat r ther prducts are destined fr human cnsumptin. It is therefre recmmended t make a single definitin respectively, fr animal and fd animal, and use thse wrds cnsistently thrughut all f the veterinary legislatin, as apprpriate. There is n cmprehensive definitin f animal by-prduct as being an animal prduct which is nt destined fr human cnsumptin in any f the existing legislatin. Instead, the regulatin f certain animal by-prducts (bne r any substance derived frm an animal carcase and animal fdstuffs, as defined in S.2.(Interpretatin) f the Fertilisers and Animal Fdstuffs Act (1962), paragraph (a) (iii)), hides and skins and prducts f slaughter stck by the Kenya Meat Cmmissin (KMC), is prvided fr piece-meal in several different pieces f legislatin, including: The Fertilisers and Animal Fdstuffs Act (1962), The Kenya Meat Cmmissin Act (1950), the Hide, Skin and Leather Trade Act (1987). It is recmmended that a definitin f animal by-prduct t include all prducts f animal rigin that are nt destined fr human cnsumptin but may be used fr incrpratin int animal feeds r fr ther cmmercial purpses. Such a definitin wuld then prvide the basis fr establishing the authrity f the NVA t set standards fr the imprtatin r exprt f any type f animal by-prduct as well as the authrisatin and management f premises at which animal by-prducts are prcessed, the safety and quality f animal by-prducts, the use f animal by-prducts, and the cntrl f dispsal f animal by- 26

41 prduct waste materials. There are n definitins which cnsistently define bilgical prducts, r bilgical substances r infected r cntaminated articles in any f the existing legislatin. Fr the purpses f develping precise Regulatins fr the imprt and exprt f animals, animal prducts and ther cmmdities that may present a risk t animal r human health r life r the envirnment, it is recmmended that such definitins are develped in future legislatin. Sectin 3 Inspectrs S.3 paragraph (1) the use f the wrd fit t describe a categry f persns is nt cnsidered gd use f language and culd lead t legal uncertainty. It wuld be better t say, any persn hlding a prescribed qualificatin. Then there wuld be the need fr a definitin f prescribed which wuld define prescribed as meaning prescribed by regulatin. paragraph (2) identifies livestck fficers as being eligible t be appinted as an inspectr. Since there is n definitin f livestck fficer, this leads t uncertainty as t whether a livestck fficer wuld be suitably qualified t perfrm all f the functins f an inspectr. Furthermre, inspectrs wuld have a wide range f different functins, many f which wuld need specialised training. The enfrcement f veterinary legislatin in Kenya has been fund t be extremely weak (OIE PVS and Gap Analysis reprts). The new Cnstitutinal arrangements devlve the respnsibility fr mst regulatry functins f the DVS t the Cunty veterinary authrities (CVA). At the same time, it is the respnsibility fr the natinal gvernment t build the capacity f cunty gvernment authrities t implement the plicies set by the natinal gvernment. It is therefre recmmended that the DVS strengthens its Department within the headquarters which is dedicated t develping and implementing training prgrammes t help t build the capacity f a strng inspectrate t be deplyed by the CVAs, in the future. Sme f the training curses f this type culd be cnsidered nt nly as in-service training but als may be used t cunt as meeting CE requirements fr annual retentin f registratin with the KVB. It is recmmended that prvisins are made in the natinal legislatin t set the standards f specialised training fr fficers t perfrm their specialised functins, especially inspectrs, analysts and thse respnsible fr issuance f certificates t supprt dmestic and internatinal trade f animals, animal prducts and ther cmmdities. Such standards can then be defined in Regulatins, that will need t be bserved by cunty veterinary authrities. As has been mentined earlier in this reprt, natinal and cunty veterinary inspectrs will need t be trained in a wide range f specialist subjects, the mst imprtant f which include: abattir cnstructin and management, abattir facilities including labratries required fr self-assessment; fd safety management systems such as the Hazard Analysis and Critical Cntrl Pint (HACCP) systems; ante- and pst mrtem meat inspectin; the inspectin f milk cllectin centres and milk prcessing facilities (sampling and testing f milk and milk prducts); the management f brder inspectin facilities and regulatin f imprt and exprt f animals, animal prducts and ther cmmdities; inspectin f Disease Free Znes (DFZs) and cmpartments in rder t 27

42 ensure bisecurity and surveillance systems are fully cmpliant with OIE standards; inspectin f animal breeding centres and assciated labratries; the regulatin f animal identificatin, mvement cntrl and traceability f animals and animal prducts; inspectin f veterinary medicines and bilgicals whlesale and retail utlets; the inspectin f private veterinary practices and public and private veterinary diagnstic labratries; the enfrcement f animal welfare standards. As and when the DVS and cunty veterinary authrities start t cntract ut certain defined public functins t private sectr service prviders, there will be a need t regulate the perfrmance f cntracts, which will further increase the range f regulatry functins t be perfrmed at the level f cunty veterinary authrities. The Kenya Veterinary Bard will als need t strengthen its presence in the field. The prpsal fr deplyment f 8 reginal branches thrughut Kenya may nt be sufficient fr the regulatin f all registered veterinarians and VPPs as well as the sale and use f veterinary medicines and vaccines. It is recmmended that the KVB undertakes a needs assessment in relatin t its defined functins and capacity t enfrce the Act and Regulatins. Sectin 4 - Animals affected with ntifiable disease S.4, paragraph 1(b) ADA (1965, revised editin 2012) the wrd frthwith des nt precisely define a time limit in the case f reprting f a ntifiable disease ccurrence, the sner the event is brught t the ntice f the NVA r CVA, the sner an apprpriate respnse can be put in place. It is recmmended t specify the time limit as being immediately in this case. Furthermre, such reprt shuld be made t the nearest Veterinary Authrity fficer, rather than t an administrative fficer, wh may nt always pass the message n t the Veterinary Authrity as quickly as wuld be needed, particularly in the case f epidemic ntifiable diseases r zntic diseases. paragraph (2) might als include a veterinary para-prfessinal (VPP), since there are mre VPPs than registered veterinarians wrking at the frnt line and in daily cntact, especially with farm animals. S.4 paragraph (3) places the respnsibility fr the cllectin and submissin f samples fr labratry cnfirmatin f a suspected ccurrence f a ntifiable disease n the wner r persn respnsible fr the care f the animal(s). This is nt at all apprpriate, since sample cllectin requires special knwledge and skills, particularly if the result f such tests is t be used fr internatinal ntificatin r fr any certificatin purpse. It wuld therefre be mre apprpriate fr a prvisin t be made whereby an inspectr r authrised persn shall immediately investigate such suspected utbreak f ntifiable disease and cllect and submit apprpriate samples t the nearest cunty, reginal r natinal reference labratry fr labratry cnfirmatin. Such prvisin shuld als authrise the same inspectr r authrised persn t impse any temprary mvement restrictin r ther apprpriate administrative sanctin n the wner f the animal r premises r wners f ther premises in the lcality f the suspected ntifiable disease utbreak. paragraph (4) states that an administrative fficer r an inspectr, n being satisfied f the existence r suspected existence f a ntifiable disease [ ] shall cause [ ]. Since administrative fficers are unlikely t have had any veterinary training, it wuld nt seem apprpriate that they culd knw whether r nt a disease 28

43 utbreak may be a ntifiable disease. It wuld therefre nt necessarily be apprpriate fr an administrative fficer t be empwered t make such n tificatin t wners f animals in the neighburhd, since such persn wuld nt necessarily be qualified t ascertain the existence r suspected ccurrence f all ntifiable diseases, nr t take the apprpriate cntrl actin in the case f certain ntifiable diseases. Such ntificatins shuld nly be made by a veterinary fficer r an authrised persn wh is qualified t make such decisins. Sectin 5 Pwer t declare areas infected - This sectin is the first pint in the ADA (1965, revised editin 2012) where a pwer r authrity is given t the Directr. In effect it starts t establish a Chain f Cmmand. Althugh the Directr is identified as the head f the Veterinary Services in the definitins, there is n statement in the Act whereby the Directr is identified as the Executive fficer respnsible fr the verall management f the Veterinary Authrity (VA), and neither has the Department f Veterinary Services (DVS) been established as the Cmpetent Authrity. Fr the purpses f transparency, fr ensuring technical independence and in rder t establish shrt and direct lines f cmmunicatin frm the headquarters dwn t the field level f peratins f the VS and back up t the headquarters s that animal disease r public health emergencies can be dealt with apprpriately and in a timely manner, it is recmmended that a clear chain f cmmand is established in the prpsed new legislatin. Under the prpsed new legislatin, it is recmmended that firstly, the DVS, (the natinal Veterinary Authrity (NVA), is designated as the Cmpetent Authrity, being the gvernment bdy respnsible fr setting natinal standards with regard t the cntrl f the fllwing: animal health, including the preventin, cntrl and pssible eradicatin f ntifiable animal diseases, and frmulatin f cntingency plans fr the cntrl f selected ntifiable diseases f natinal imprtance; animal disease surveillance, including utbreak investigatin and cnfirmatin f suspected ccurrences f ntifiable diseases; the management f animal disease infrmatin derived frm active and passive disease surveillance; the recrds that are required t be kept by the wners f animals r the wners f premises where animal prducts are prcessed standards f training and facilities and the recrds t be maintained at veterinary educatinal and training establishments; animal identificatin, mvement cntrl and traceability; animal welfare; the designatin and authrisatin f veterinary diagnstic labratries; the cnduct f fficial tests and analyses and the regulatin f labratry diagnstic reagents; the safety and quality f animal prducts (including animal by-prducts and animal feedstuffs); the imprt and exprt f animals, animal prducts and ther cmmdities; The initial and cntinuing educatinal requirements fr all fficers appinted t perfrm technical veterinary functins. 29

44 Thereafter it is recmmended that the Directr f the NVA is designated as Chief Veterinary Officer and executive fficer respnsible fr the verall management f the NVA, under the supervisin f the Minister. In s far as the Directr is prvided with certain pwers and authrised t perfrm certain functins there is then a need t make a prvisin that authrises the Directr (NVA) t delegate certain f his r her pwers r authrity t specified state emplyed fficers depending upn their technical qualificatin, at the levels f the NVA and CVA respectively. A separate prvisin t specifically identify the Directrs f CVAs as being fficers respnsible fr implementatin and enfrcement f the standards set by the NVA and cmmunicating infrmatin back t the Directr NVA, as prvided fr in the Regulatins wuld then cmplete the establishment f a rbust chain f cmmand. There are currently n prvisins in any existing legislatin that authrises the Directr t delegate r assign any f his pwers r functins t private registered veterinarians r VPPs. With the emergence f private veterinary practice, thrughut Kenya, it is recmmended that a prvisin be made t allw the Directr f the NVA r a CVA t engage a private registered veterinary surgen r private registered veterinary para-prfessinal t perfrm certain defined public services r public functins n his/her behalf, under the terms f a (sanitary mandate) cntract. Such a cntract wuld nly be awarded t persns registered with the KVB wh had undergne a prescribed curse f training and wuld define the area r lcality where the service r functin was t be undertaken, the duratin f the cntract, the precise nature f the wrk t be undertaken, the scale f remuneratin and any eligible expenses and the cnditins under which the cntract may be suspended r revked. It is als recmmended (als mentined under Sectin 9, Rules, belw) that a Technical Standing Cmmittee shall be established within the NVA and any ther specialised bdies, such as fr instance, the prpsed Veterinary Medicines Directrate (VMD), be established under the same sectin f the law, thereby defining the chain f cmmand and the specialised rles and respnsibilities f each persn r institutin identified therein. Sectin 8 - Pwer t prhibit imprtatin f animals The title f this sectin is incmplete, since it includes a restrictin n exprt as well as imprt. This prvisin empwers the Directr t prhibit the imprt and exprt f animals and a wide range f specified animal prducts and live viruses (but nt ther types f infectius rganisms). The list f restricted items may be extended by Ntice in the Gazette. This mechanism fr identifying restricted items in terms f imprt and exprt is cumbersme. It is recmmended, firstly t create a definitin f animal prduct t include meat, milk, hney, eggs, and animal by-prducts etc. and separate definitins f bilgical prduct and perhaps infected articles that wuld include animal feeds, dung, litter, harness, infectius rganisms, etc. Secndly, the prhibitin fr imprt and exprt f animals, animal prducts and infected articles can then be made in the Act. Any persn wishing t imprt r exprt any f these items shall then be required t apply fr a permit t imprt, r an internatinal veterinary certificate in the case f exprt, t be issued by the Directr, in the manner prescribed by regulatin. Since internatinal trade is included in the Cnstitutin, as a natinal respnsibility, the authrity t issue r revke imprt and exprt permits r certificates shuld be retained by the NVA nly. This pwer may then be delegated t specified fficers wrking under the authrity f the Directr f the NVA. In Sectin 8 (fr the regulatin f imprt and exprt), there is n reference t the standards set by the SPS Agreement, the TAHC r the Cdex Alimentarius. At the very least, there is a need t make a prvisin that specifies that when a sanitary 30

45 requirement is prescribed as a restrictin n the imprt f an animal, animal prduct r ther cmmdity and this standard differs frm the recmmended OIE r Cdex standard then such standard shuld be based upn scientific justificatin and upn a risk analysis perfrmed in accrdance with the relevant internatinal standard. Furthermre, prvisins shuld exist fr the recgnitin f equivalence f sanitary measures applied in an exprting cuntry that are deemed t achieve the same level f prtectin as that required by and applied within, the imprting cuntry. There is a need t make prvisins in the law t define the standards t be applied befre and at entry (brder inspectin etc.) f an imprted animal, animal prduct r ther cmmdity. Fr the purpses f exprt, it is necessary t make prvisins t ensure that exprt certificatin is cnducted in accrdance with the standards set by the OIE in the TAHC. Sectin 9 Rules In this sectin the Minister is authrised t make technical decisins that may interfere with the technical independence f the Veterinary Authrity. It is recmmended that in the future, the Minister be authrised t make any such rules nly n the advice f a Technical Standing Cmmittee. Such a Technical Standing Cmmittee shuld be established within the chain f cmmand, under the chairmanship f the Directr, as a bdy established in rder t prpse standards t be set, develp cntingency plans fr the cntrl f utbreaks f diseases f natinal imprtance, draft and prpse Regulatins and make decisins affecting the implementatin f the law, especially in cases f animal disease r public health emergencies. The current list f areas requiring rules t be made in the ADA (1965, revised editin 2012) is incmplete. The mst imprtant gaps are related t animal disease surveillance and veterinary diagnstic labratries. Sme f the existing rules relate t cntrls placed n animals nly and d nt include animal prducts r ther infected r cntaminated articles that may als present a risk t human r animal health r the envirnment. There are n rules relating t the licensing f animal gatherings r the cntrl f animal gatherings including markets, ther than fr their disinfectin (S.9 (h) (ii). There is a cmprehensive set f rules made under Sectin 9 f the ADA (1965, revised editin 2012) fr the cntrl f animal breeding at the levels f animals, genetic materials, establishments and peratrs, (Animal Diseases (Cntrl f Breeding Diseases) Rules, It is recmmended that as well as the prvisins already made in Sectin 9 f the ADA (1965, revised editin 2012), the list shuld be extended in new draft legislatin t include the fllwing: 1. The manner in which and the standards t be set fr the cnduct f animal disease surveillance and the management f animal disease infrmatin at the natinal and cunty veterinary authrity levels; 2. The designatin f a natinal reference labratry r labratries, the authrisatin and accreditatin f all ther veterinary diagnstic labratries (public and private), the standards fr the cnduct f fficial tests and analyses and the regulatin f labratry diagnstic reagents; (fficial tests and analyses will then need t be defined as being thse tests r analyses used t cnfirm the existence f ntifiable disease r fr any purpse requiring certificatin). 3. The standards f cnstructin and management f premises where raw animal prducts (including animal by-prducts) are prcessed and prepared fr human cnsumptin r ther purpses. 31

46 4. The standards fr inspectin and, when necessary, the testing and certificatin f animal prducts (including animal by-prducts) as being fit fr human cnsumptin r fr ther purpses. 5. The licensing and cntrl f animal gatherings, including sale yards and ther markets; 6. The standards fr animal welfare in relatin t stray r abandned animals, the management and handling f animals, transprtatin f animals, humane slaughter r destructin f animals, wrking animals and animals used fr sprt, exhibitin, r experimentatin. In the case f the sale and use f veterinary medicines and bilgicals, there culd be a prvisin made here, and it might then be necessary t establish the prpsed Veterinary Medicines Directrate (VMD) within the Veterinary Authrity, which wuld be respnsible fr the setting f standards fr the regulatin f veterinary medicines. Whether r nt this authrity wuld include the regulatin f the registratin, imprt, exprt r manufacture f veterinary medicines and bilgicals wuld need t be negtiated with the Pharmacy and Pisns Bard during discussins related t the develpment f the prpsed Fd and Drug Administratin Bill, which is already underway. Similarly, in the case f regulatin f the fd safety f animal prducts a clear distinctin needs t be made in Regulatins in rder t precisely define the respective rles and respnsibilities f the MH and the MALF. The DVS is recmmended t becme fully invlved in the develpment f the prpsed legislatin t establish a Fd and Drug Administratin, and that strictly veterinary respnsibilities, relating t fd safety f animal prducts and the sale and use f veterinary medicines and bilgicals d becme established under the NVA and where apprpriate, the CVAs mandates. In view f the special circumstances regarding the applicatin f withdrawal perids fr medicines being administered t and pesticides used n fd-prducing animals and the detectin f drug and pesticide residues and trace-back f the misuse f such medicines and pesticides alng the animal prductin value chain, it is recmmended that respnsibility fr inspectin, sampling and testing fr such residues in fds f animal rigin be placed under the direct supervisin f the NVA (t set standards) and CVAs (t enfrce standards set by the NVA), respectively. Sectin 10 Slaughter f infected animals S.10 f the ADA (1965, revised editin 2012) makes prvisins fr the Directr, r persns authrised in writing, t cause the cmpulsry slaughter f animals infected r suspected f being infected with a ntifiable disease. It is recmmended that any such prvisin shuld be accmpanied by prvisins fr the payment f cmpensatin under whatever cnditins may be defined, by regulatin. Unless cmpensatin is prvided fr here, there will be a tendency fr under-reprting f suspected ccurrences f ntifiable disease by the wners f animals which may be infected with a ntifiable disease. It is further recmmended that the wrd slaughter nly be used in relatin t killing f a fd-animal at the time f harvest. In the case f killing an animal fr disease cntrl purpses the wrds humane destructin may be used. Additinal prvisins relating t the cnditins f eligibility r therwise cncerning cmpensatin, as prvided under Sectins 12 and 13, can be cmbined with this prpsed additin. There is n mentin in this sectin, r ther areas f the legislatin where slaughter r destructin is mentined, fr the requirement fr slaughter (r destructin) t be perfrmed using a humane methd f slaughter r destructin. In future, it is recmmended that wherever reference is made t either slaughter r destructin f animals that this is perfrmed using humane techniques in accrdance with prescribed animal welfare standards. 32

47 Sectin 14 The pwer t search fr infected animals, etc. S.14 f the ADA (1965, revised editin 2012) prvides the Directr, an administrative fficer r inspectr with the pwer f entry t determine the existence r therwise f a ntifiable disease r t ensure that any prvisins f the Act are being met. Firstly, it is cnsidered inapprpriate t cnfer this pwer t an administrative fficer, unless such persn hlds a veterinary qualificatin. The pwer shuld be limited t an authrized, (by the Directr), registered, veterinary surgen r an authrized, registered, veterinary para-prfessinal, hlding a prescribed qualificatin. It is recmmended that all f the special pwers which shuld be cnferred upn the Directr and fficers wrking under his authrity be placed in ne Sectin f the legislatin and this shuld include: the pwer f entry int any premises r nt any land when a ntifiable disease is suspected r when an inspectin is warranted in rder t cnfirm cmpliance with the Act and Regulatins; the pwer t seize, detain, destry and dispse f any infected animal, animal prduct r infected r cntaminated article; the pwer t gain access t any infrmatin r recrds held by the wner in respect f the peratin f a premises, an animal, animal prduct r infected r cntaminated article. The pwer t rder the disinfectin r disinfestatin, f an animal, vehicle, premises r article and, when necessary, using a specified disinfectant r pesticide; The pwer t suspend r terminate authrity t perate an inspected premises. Sectin 16 - Pwer t prhibit use f vaccine r drug S.16 f the ADA (1965, revised editin 2012) prvides the Directr with the authrity t prhibit the use f any veterinary medicine r vaccine and verlaps with the pwers prvided t the Pharmacy Bard under Sectin 44 (Rules) f the Pharmacy and Pisns Act (1957, 2009 Editin) and the Fd, Drugs and Chemical Substances Act, (1965), which cnfers similar authrity n the Minister f Health, in Sectin 28 (Regulatins). In practice, these verlaps f respnsibilities in different pieces f legislatin may lead t legal uncertainty in sme cases and duplicatin f effrt n the part f the tw Cmpetent Authrities. There are currently n prvisins in any f the existing legislatin t regulate the labelling f withdrawal perids n the packaging f veterinary medicines, nr the enfrcement f withdrawal perids. Sectin 134 (b) f the Public Health Act (1921) makes prvisins fr the sampling and testing f fds f animal rigin, but makes n reference specifically t the detectin f drug r pesticide residues. Sectin 28 f the Fd, Drugs and Chemicals Act (1965) des hwever have all f the necessary prvisins t authrise the Minister, n the advice f the Public Health (Standards) Bard, t make Regulatins related t the standards f purity and regarding imprtatin, manufacture, distributin and sale f all types f fd, drugs and chemicals, as well as the raw materials t be used fr the manufacture f drugs. There is hwever n veterinary representative n this Bard. N Regulatins made under the Pharmacy and Pisns Act (1957) nr the Fd, Drugs and Chemical Substances Act (1965) were seen by the Team, befre r during this missin. During the VLIM the Team was infrmed that neither the DVS nr the Kenya Veterinary Bard are satisfied that the regulatry prvisins in the existing legislatin regarding the sale and use f veterinary medicines and bilgicals are being implemented effectively by the PPB. There was reprted t have been sme dialgue 33

48 between the DVS and the PPB, but it was nt clear t the Team whether r nt such discussins had resulted in full agreement n the part f the PPB as t whether the DVS shuld take respnsibility fr setting any standards r fr making Regulatins regarding the sale r use f veterinary medicines and vaccines. Nevertheless, Sectin 39 (2) (a) f the Veterinary Surgens and Veterinary Para-prfessinals Act (2011) authrises the Cabinet Secretary (r Minister, by amendment - Act N.18 f 2014) t establish a Veterinary Medicines Directrate (VMD) t regulate the manufacture, imprtatin, exprtatin, registratin, distributin, prescriptin and dispensing f veterinary medicines and pisns. This prvisin verlaps with the same authrity given t the PPB in the PPA (1957) and althugh nw given in law, is likely t be challenged by that authrity. The missin was infrmed that the Regulatins t establish a VMD had been gazetted. Once (and if) apprved, the prpsed VMD established under the authrity prvided in the Veterinary Surgens and Veterinary Para-prfessinals Act (2011) wuld be the mst bvius institutin t set all the standards required fr the cntrl f the sale and use f veterinary medicines and t ensure that withdrawal perids are clearly marked n the labelling f medicines fr use in fdprducing animals and that all animal health service prviders are made aware that it is their respnsibility t infrm the wners f fd-prducing animals which have been given a treatment with a veterinary medicine that is subject t a withdrawal perid that such withdrawal perid is respected. Furthermre, the VMD shuld set the standards fr Maximum Residue Levels (MRLs) in animal prducts, utilising the Cdex standards, and make prvisins fr inspectin, sampling and testing f imprted r lcally manufactured r prcessed animal prducts destined fr human cnsumptin by the cunty veterinary authrities, since the respnsibility fr regulatin f animal prduct prcessing facilities falls under the cunty gvernment mandate. A wrd f cautin here, whilst the PPB may nt be enfrcing the rules related t the distributin f medicines and vaccines, it als has been nted that the DVS was nt prviding/maintaining sufficient cld chain equipment at frmer District Veterinary Offices t maintain an adequate cld chain when distributing and using vaccines in the field (PVS Reprt 2011). During the missin the Team was infrmed that the MH is in the prcess f reviewing and revising the Public Health Act (1921) with a view t establishing a Fd and Drug Administratin (FDA), similar in structure t the FDA established in the United States f America. In the case f the US FDA, this has established within it, a Center fr Veterinary Medicine (CVM). It is recmmended that the DVS plays an active rle in develping the respective rles and respnsibilities f the NVA and CVAs with regard t bth fd safety f animal prducts as well as the cntrl f the imprt, exprt, manufacture, distributin, sale and use f veterinary medicines and bilgicals. Majr gaps in the Animal Health legislatin - Disease surveillance The inclusin f a list f diseases within the definitin f ntifiable disease has been discussed abve. It is recmmended that the list f ntifiable diseases fr Kenya shuld be updated t include all OIE listed diseases which are knwn t ccur in Kenya and shuld in additin include ther diseases which may exist in neighburing cuntries and might be transmitted by vectrs r be imprted thrugh illegal trade r mvement f animals acrss Kenya s brders. There are currently n further prvisins in the legislatin which define the prcedures required fr cnfirmatin f the clinical suspicin f a suspected ntifiable disease ccurrence ther than the requirement fr the wner f an animal t cllect and submit samples t the labratry which was als discussed abve. It is recmmended that prvisins are made which define the respnsibilities f the cunty veterinary authrities t cnduct an utbreak investigatin n all suspected utbreaks f a ntifiable disease and t 34

49 cllect labratry samples fr submissin t the nearest reginal labratry fr labratry cnfirmatin f the prvisinal diagnsis made in the field. There shuld als be prvisins fr the establishment f an animal disease infrmatin management system linking cunty animal disease infrmatin t the central Epidemilgy Department f the DVS, and the requirement t maintain recrds f all suspected and cnfirmed cases f ntifiable diseases. Animal Identificatin, Mvement Cntrl and Traceability Sme aspects f animal identificatin and traceability have been cvered in the Branding f Stck Act (1907), but this legislatin was primarily established t cntrl stck theft. It is recmmended that prvisins are made in the prpsed new r amended legislatin t define the scpe f a natinal animal identificatin, mvement cntrl and traceability system t be established fr the purpse f tracing animals and animal prducts back t the lcatin f prductin in rder t cnfirm animal disease status and fr tracing undesirable residues in animal prducts n the dmestic market as well as fr internatinal trade. Additinal prvisins wuld be required t define the devices and applicatrs t be used, the alphanumeric cde t be adpted natinwide, the recrds t be kept and the reprting requirements f wners f identified animals, limitatin f access t animal identificatin infrmatin data management systems, and cnfidentiality f infrmatin. Veterinary Diagnstic Labratries There is ne Central Veterinary Labratry (CVL) lcated at Kabete and a secnd Natinal Veterinary Quality Cntrl Labratry at Embakasi. In additin, there are six reginal referral labratries lcated in Nakuru (fr Suthern and Central Rift Valley regin), Kerich (fr Nyanza, Western and Suth Western Rift Valley regins); Karatina (Central and Eastern regins); Mariakani (Castal regin); Garissa (Nrth Eastern regin and parts f Castal regin) and Eldret (Nrthern Rift Valley and Nrthern part f Western regin) and a few cunty labratries. There are n veterinary labratries in the regins f nrthern Kenya (apart frm Garissa), where mst f the livestck are and where mst peple depend n them fr their livelihd. The veterinary diagnstic labratry netwrk remains the respnsibility f the natinal gvernment VS, fllwing the changes brught abut fllwing the prmulgatin f a new Cnstitutin in Accrding t the OIE PVS fllw-up and Gap Analysis reprts there is an urgent need fr a thrugh review f the natinal veterinary diagnstic labratry services since much f the labratry infrastructure is in a pr state f repair and mst items f equipment need t be repaired r replaced, especially at the reginal labratries which were visited during the PVS fllw-up missin. It is understd that the prvisins which cver the licensing f labratries which are fund in the Veterinary Surgens and Veterinary Para-prfessinals Act (2011) are largely fr the purpse f regulating labratries which are used t supprt the clinical services ffered at private veterinary practices. Currently there are n prvisins in the veterinary legislatin fr the fllwing imprtant areas f regulatin ver veterinary diagnstic labratries which are respnsible fr the cnduct f fficial tests and analyses: t designate the CVL as the natinal reference labratry nr any ther labratries as being fficially recgnised t cnduct any fficial tests r analyses; t define the rles, respnsibilities and quality assurance requirements fr reference labratries nr t ensure that fficial tests and analyses are perfrmed accrding t defined standard perating prcedures; 35

50 fr the cmpetent authrity t recgnise certain labratries as being authrised t cnduct analyses fr the purpse f quality cntrl fr instance in abattirs r breeding centres; t delegate the respnsibility fr the cnduct f tests and analyses t private veterinary labratries n behalf f the state veterinary services, when the technlgy fr such test prcedures are nt available in their wn labratries; prcedures fr authrisatin f labratry reagents that are used t perfrm fficial tests and analyses; t regulate the quality assurance f manufacturers f labratry test reagents and test kits used t perfrm fficial tests and analyses; the surveillance f the marketing f reagents where these can affect the quality f tests and analyses used fr fficial purpses. It is recmmended that a new Part is included within the prpsed draft new r amended legislatin which authrises the DVS t becme the cmpetent authrity fr ensuring the safety and quality f all veterinary labratry services, bth public and private, with the exceptin f clinical labratries used t supprt private veterinary practice, which can be adequately regulated by the KVB. The remaining prvisins f the ADA (1965, revised editin 2012) are sufficient fr the purpse fr which they were designed and may be incrprated int draft prpsed new legislatin, as apprpriate. In the future, there will be a need t take int cnsideratin the new relatinship that will be develped between the NVA and CVAs in rder t ensure that all areas f the veterinary dmain are being regulated and enfrced in accrdance with the Cnstitutin, the Veterinary Plicy and the reginal and internatinal cnventins t which Kenya is a signatry. The fllwing sectins f this reprt briefly describe the prvisins f the remaining Categry 1 and selected Categry 2 legislatin in rder t cmpare these with the OIE standards set ut in Chapter 3.4 f the Terrestrial Animal Health Cde The Meat Cntrl Act (MCA) (1972, revised editin 2012), The Public Health Act (PHA) (1921), and the Fd, Drug and Chemical Substances Act (FDCSA) (1965) There is n statement in any f the existing legislatin which states that it is an ffence t sell meat which has nt been subjected t ante- and pst-mrtem inspectin by a veterinary inspectr. Hwever, Sectin 134 f the Public Health Act (1921) makes prvisins fr the taking and examinatin f samples f milk, dairy prduce, meat r ther articles f fd and the remval r detentin, pending examinatin r inquiry, f animals r articles which are suspected f being diseased r unsund r unwhlesme r unfit fr human cnsumptin, and the seizure and destructin r treatment, r dispsal s as nt t endanger health, f any such article which is fund t be unwhlesme r unsund r diseased r infected r cntaminated, and f diseased animals sld r intended r ffered r expsed fr sale fr human cnsumptin; and such rules may empwer a medical fficer f health, r in the case f meat a veterinary fficer, t detain, seize r destry any diseased, unsund r unwhlesme article f fd, but shall nt cnfer n any ther persn any pwer beynd that f detentin f such article fr the purpse f examinatin by a medical fficer f health, r in the case f meat a veterinary fficer; Sectin 2 f the MCA (1972), (Interpretatin) defines animal as being any animal r bird declared by the Minister by Ntice in the Gazette. It is recmmended in future that a fd-prducing animal shuld be defined and this definitin shuld refer t a list f all knwn species f animals that are currently being prduced and 36

51 whse prducts are prcessed as fd fr human cnsumptin, and that this list f species f fd animals be made in a Schedule, which may, frm time t time be amended as necessary, thereby making such list mre readily accessible in a single piece f legislatin than in a series f separate, gazetted Ntices. Sectin 3 f the MCA (1972) makes prvisins fr the Minister (f Agriculture) t make Regulatins fr the registratin and inspectin f abattirs and the inspectin f meat. The PHA (1921) makes similar prvisins in Sectin 134 (h) where it is stated that the Minister may, n the advice f the Bard, (Central Bard f Health) make rules regarding, the establishment, lcality, supervisin, equipment, maintenance and management f slaughterhuses and the dispsal f the waste. In these instances, whilst there is cnsiderable verlap in the rles and respnsibilities f the different Cmpetent Authrities, there is n crss referencing t either f the ther Acts, respectively. T cmplicate matters further, Sectin 10 f the Fd, Drug and Chemical Substances Act (FDCSA) (1965) establishes the Public Health (Standards) Bard, which is authrised t set standards fr the quality and safety f all types f fd destined fr human cnsumptin. There is n veterinary representatin n this Bard. It is recmmended that the DVS wrks clsely with the MH in develping a rbust system fr licensing and inspectin f premises where animal prducts are prcessed and at the same time the inspectin f slaughter animals and meat and ther animal prducts destined fr human cnsumptin. Any prpsed new legislatin shuld include prvisins fr the prhibitin f the sale f meat r ther animal prducts unless these have been certified as being fit fr human cnsumptin by an authrised veterinary inspectr. Additinal prvisins can be made t ensure that ante- and pstmrtem inspectins are carried ut in accrdance with Standard Operating Prcedures (SOPs). In future, it is recmmended that there shuld be strng veterinary representatin n any Fd Standards Bard r within the prpsed new Fd and Drug Administratin. It is implied in the Meat Cntrl Act (1972), althugh nt specifically mentined, that the respnsibility fr the hygiene f meat that has been inspected and declared as being fit fr human cnsumptin, ends with the regulatin f the transprt used t cnvey such meat frm the primary prcessing facility t whlesale r retail premises r t ther meat prcessing facilities. Hwever, althugh nt a legally binding dcument, the Guidelines fr the Delivery f Veterinary Services in Kenya (undated) states that CVAs will have respnsibility fr Licensing f premises that sell meat, milk, hides, skins and ther prducts f animal rigin." There is currently n specific reference t the utilisatin f any frmal fd safety management system, such as HACCP r ISO 17025/2005 accreditatin t be emplyed in any fd prcessing premises. Sectins 134 and 135 f the PHA (1921) make prvisins fr rules t be made r ntices t be issued in the Gazette relating t setting standards fr dairy prductin, the prcessing, strage and retail sale f milk and in sme instances, ther dairy prducts. There is currently n legislatin which includes measures fr ensuring the fd safety f eggs and hney under the cntrl f any jurisdictin, althugh it is assumed that the safety and quality f these cmmdities wuld fall under the authrity f the MH since these cmmdities wuld be classified as fd. Nne f the existing legislatin makes prvisin fr placing the respnsibility fr the recall f fd that has been fund t be unfit fr human cnsumptin n the wner f the premises where the fd was prepared r n the distributr f the fd. It is recmmended that a Part f the prpsed draft new legislatin be devted t making prvisins fr the NVA t set standards fr the quality and safety (prductin 37

52 and prcessing) f all animal prducts. Such standards shuld be made in accrdance with OIE and Cdex standards. In additin, prvisins shuld be made t ensure that CVAs enfrce the standards set by the NVA. There are n prvisins in any f the MCA (1972), the PHA (1921) r the FDCSA (1965) r any requirement fr the Ministry f Agriculture, Livestck and Fisheries t cperate r cllabrate with the Ministry f Health with regard t the safety and quality f animal surce fds destined fr human cnsumptin. It is strngly recmmended that frmal systems fr cmmunicatin and crdinatin are established with ther cmpetent authrities such as the Ministry f Health and if apprpriate, lcal authrities, at bth natinal and cunty levels, respectively. It is expected that such mechanisms fr crdinatin and harmnisatin f the regulatin f fd safety f animal prducts as well as the imprtatin, manufacture, distributin, sale and use f veterinary medicines and bilgicals will be made in new legislatin which it is expected will establish a Fd and Drug Administratin. It is therefre recmmended that the DVS becmes fully engaged in the prcess f develping such legislatin in rder t ensure that the full range f veterinary respnsibilities fr ensuring the safety and quality f animal prducts destined fr human cnsumptin and fr ther purpses, as recmmended in Chapter 6 f the TAHC are given t the NVA and CVAs, respectively. Rabies Cntrl Act (1932), the Preventin f Cruelty t Animal Act (PCAA) (1972), Nairbi City Cuncil Dg Cntrl and Welfare Bill (2015) Draft Animal Prtectin Bill. The Rabies Cntrl Act makes prvisins fr the cntrl f stray dgs and cats and t cntrl utbreaks f rabies. Sectin 7A cnfers authrity n the Directr t lay pisned bait fr the purpse f killing stray dgs and cats and ther species f animals. Hwever, Sectin 3 (1) (g) f the PCAA (1972) defines cruelty t an animal as wilfully, withut reasnable cause r excuse, administers any pisnus r injurius drug r substance t an animal r causes any such substance t be taken by an animal. Thus these prvisins are in cntradictin f ne anther. The practice f using pisned bait as a means f dg ppulatin cntrl is n lnger cnsidered as being a humane means f destructin f dgs and cats r any species f animal and is strngly discuraged. The PCAA prvides the Minister with a wide range f respnsibilities, but the Ministry t which the Minister belngs has nt been identified in the Act. Furthermre, there is n Cmpetent Authrity identified which wuld be respnsible fr the enfrcement f this Act. Under Sectin 36 f the Act, the Minister has been authrised after cnsultatin with the East African Sciety fr the Preventin f Cruelty t Animals, by ntice in the Gazette, t appint such persns as he thinks fit t be authrized fficers fr the purpses f this Act. There is n guidance here t determine the educatinal r training standards f authrised fficers. Althugh Sectin 37 f the PCAA authrises the Minister t make Regulatins, n such Regulatins have been prmulgated under this Act. Nevertheless, sme welfare standards have been incrprated int the Rules pertaining t the cnduct f meat inspectins and the Pig Industry Act Cap 361, (undated) which establishes a Pig Industry Bard which is authrised t set standards fr the husing f intensively farmed pigs and the licensing f pig meat prcessrs. Sectin 2 f the PCAA (1972) (Interpretatin) prvides a definitin f an experiment - experiment means any experiment perfrmed n an animal and calculated t give pain, but des nt include an peratin; It is hped that n experiment n any animal wuld be calculated t give pain. The definitin f peratin in the PCAA (1972) is als nt well phrased - peratin means an peratin perfrmed n an animal by a persn legally permitted t perate fr the purpses f 38

53 (a) (b) (c) (d) saving r prlnging the life f an animal; r alleviating the suffering f an animal; r the practice f gd animal husbandry; r enhancing the value r the appearance f the animal; A definitin f surgical peratin wuld be mre useful here and als in relatin t the prergatives f registered veterinary surgens as ppsed t thse f VPPs. The draft Animal Prtectin Bill (APB) cmprehensively cvers all aspects f animal welfare as required by the OIE, hwever the Act itself is unnecessarily cmplex. The mst imprtant issue with regard t the internal quality f this Bill is that the cnventinal hierarchy f primary and secndary legislatin has nt been crrectly bserved. Fr instance, Sectin 7 f the draft APB prvides a lng list f prvisins, cvering each separate animal species. It wuld be mre cncise t define wrking animals in Sectin 2 f the Bill and then prescribe by Regulatins the standards t be cmplied with in relatin t wrking animals. Similarly, Sectins 9, 10, 12, 13, 14 and 15 are unnecessarily detailed since animal welfare standards pertaining t the husing, handling r management, and transprtatin f any species f animal wuld better be prescribed by Regulatins in accrdance with the OIE standards set ut in Chapter 7 f the TAHC. It is recmmended that this Bill is reviewed and much f its current cntent be placed in accmpanying Regulatins. The Act itself shuld make prvisins fr the Animal Welfare Advisry Bard t set animal welfare standards. The Bard itself shuld be cmpsed f at least sme members wh have undergne specialised training in animal welfare. Prvisins shuld als be included t ensure that animal welfare inspectrs have been prvided with a standard training package. The species specific cnditins pertaining t management (space allcatin) transprt (space allcatin, duratin f jurney, stpping pints etc.) stunning r ther methds f pre-slaughter treatment f slaughter animals can all be defined using the OIE standards, in such Regulatins. Thrughut this draft Bill there are several instances where subjective adjectives have been used, such as cmfrtable accmmdatin Such use f language shuld be avided in rder t ensure legal certainty f the texts. Many f the prvisins f the Rabies Act (1932) culd readily be incrprated int prpsed new legislatin cvering animal health, under the sectin dealing with the preventin and cntrl f ntifiable animal diseases. Rabies may be cnsidered t be a disease f natinal imprtance, in which case it culd be cnsidered t be included in the prpsed list f specified diseases, fr which the NVA accepts full respnsibility fr its preventin and cntrl (see sectin f this reprt dealing with s.2 f the ADA (1965, revised editin 2012). Branding f Stck Act (1907, revised 2012)) The Branding f Stck Act (1907, revised 2012), makes prvisins fr the identificatin f stck using brands that identify animals dwn t the District level. Sme small amendments have been made t this Act in rder t include the pssibility f supprting ther means f identificatin, hwever, the existing prvisins are nt fully in cnfrmity with OIE standards that are set ut in Chapters 4.1 and 4.2 f the TAHC. It is recmmended that a sectin dealing with animal identificatin, mvement cntrl and traceability is included in prpsed new draft legislatin. Such a sectin shuld make prvisins t describe the scpe f an fficial animal identificatin system, fficial apprval f identificatin devices and device applicatrs, the alphanumeric numbering system t be used, the authrised persns and 39

54 authrised access t animal identificatin infrmatin management systems, recrds t be kept by the wners f fficially identified animals, including a definitin f mvements, and mst imprtantly, the cnfidentiality f animal identificatin infrmatin, all f which may be prescribed by Regulatins. The Cattle Cleansing Act (1937, revised editin 2013) The Cattle Cleansing Act (1937) is largely utdated, being develped fr the designatin f cattle cleansing areas and the cntrl f ticks and East Cast Fever. Since the cntrl f bth ticks and tick-brne disease is nw cnsidered as a private gd, the rle f the NVA and CVAs is t mnitr the efficacy f chemicals used fr tick cntrl and t regulate their use. The prvisins f this Act have largely been superseded by the ADA (1965, revised editin 2012) and t sme extent by the Pest Cntrl Prducts Act (1983). Prvisins fr the regulatin f chemicals used as insecticides n cattle (and ther species f animals) are useful but may, in future be prvided under the Part f the prpsed draft legislatin that makes prvisins t authrise the Minister t make Regulatins fr the cntrl f medicines and vaccines including all types f chemicals including disinfectants r insecticides fr the cntrl f animal disease agents r vectrs f animal disease. Fertiliser and Animal Fdstuffs Act (FAFA) (1962) The regulatin f Fertilisers and Animal Fdstuffs is prvided fr in the FAFA (1962), hwever, it was nted during the missin, that it was cnsidered inapprpriate fr the Directr f Veterinary Services t be respnsible fr the regulatin f fertilisers. The FAFA has prvisins fr the cntrl f the imprtatin, manufacture, strage, distributin and sale f animal feedstuffs. Authrity is prvided fr the seizure and destructin f infected r cntaminated fdstuffs. Hwever, sme f the prvisins rely n the develpment f Regulatins, fr instance under Sectin 4 (91) (b) related t a prhibitin n the imprtatin f bnes, an exemptin is prvided whereby a persn may apply fr authrisatin subject t prducing a certificate certifying that such bne r substance has been effectively and cmpletely sterilized in such manner as may be prescribed; The Team has nt been apprised f any Regulatins made t this effect. Althugh this Act is very cmprehensive in that it makes prvisin fr the Minister t make rules, it is nt knwn t what extent such rules have been made r hw they are enfrced. As with ther legislatin cvering manufacture r prcessing f animal prducts, there are n prvisins in the FAFA (1962) which place the respnsibility fr the recall f a prduct that is fund unfit fr animal cnsumptin n the manufacturer r distributr. The regulatin f the safety and quality f animal by-prducts is nt well cvered in any f the existing legislatin. Specific animal by-prducts are cvered separately in different pieces f legislatin. Fr instance, as mentined abve, the imprtatin f bnes and ther substances derived frm an animal carcase fr the purpse f manufacturing animal fdstuffs are cvered under the FAFA (1962). The safety and quality f animal hides and skins is cvered under the Hides, Skins and Leather Trades Act (1987). There is n prvisin in any f the existing legislatin fr the recall f cntaminated r infected animal feedstuffs. It is recmmended that a definitin f animal by-prducts is made in any prpsed new draft legislatin and that authrity t set standards cvering all aspects f regulatry cntrl ver imprt and exprt, prcessing premises, the safety and quality f animal by-prducts as well as animal feedstuffs, and the safe dispsal f waste by-prduct materials are given t the NVA. Such standards shuld then be placed in regulatins fr enfrcement by CVAs. Veterinary Surgens and Veterinary Para-prfessinals Act (2011) and Regulatins (2013) The Veterinary Surgens and Veterinary Para-Prfessinals Act (VS&VPPA) (2011) establishes a Veterinary Statutry Bdy (VSB), the Kenya Veterinary Bard (KVB), t 40

55 regulate veterinary surgens and veterinary para-prfessinals (VPPs), veterinary practice facilities and the educatin and training standards t be met by all veterinary training institutes in Kenya. Accrding t the new Cnstitutin the regulatin f prfessinals and para-prfessinals shall be retained by natinal gvernment. Althugh there is n prvisin fr the extensin f the KVB activities beynd its Nairbi headquarters, the KVB have inspectrs in 8 Reginal ffices. Cncerns were raised during meetings with the Bard with regard t VPPs many f whm are engaged in private veterinary practice but wh d nt adhere t the cnditins f registratin as defined in the Secnd Schedule f the Act. Since the KVB is a natinal institutin with a wide mandate it is recmmended that the number f its inspectrs be increased in rder t meet the increasing wrklad, especially if the regulatin f the sale and use f veterinary medicines and vaccines becmes part f its mandate nce full agreement has been reached with the Pharmacy and Pisns Bard and such authrity is prvided fr in the prpsed draft Act t establish a Fd and Drug Authrity. It is recmmended that prvisins are made in an amendment t the VS&VPPA (2011) which describes the general system f cntrl f the veterinary prfessins and veterinary para-prfessins in terms f the plitical, administrative and gegraphic cnfiguratin f the cuntry. It is imprtant that there is an effective regulatry system in place which ensures that the standards set by the NVA and KVB t ensure the quality f public and private veterinary services, respectively, are applied thrughut all f Kenya s territry. Under Sectin 14 a definitin f practice clearly defines the prergatives f a registered veterinary surgen. A minr imprvement t this definitin wuld be a supplementary definitin f the exact meaning f surgical peratin, since this wuld help t create greater legal certainty in cases where veterinary paraprfessinals may g beynd the limits f the defined veterinary acts which they are authrised t perfrm. In the case f VPPs, the range f interventins which may be perfrmed by a practicing VPP are defined in the Secnd Schedule t the Act. Hwever, althugh it is stated in Sectin B (7) Secnd Schedule - Under the respnsibility r directin f a veterinary surgen, the wrd directin as used in this instance, has nt been defined. There is a definitin (Sectin 2 VS&VPPA Regulatins (2013) f directin but this definitin is applied specifically t the level f supervisin t be prvided by a supervisr f an intern underging an internship. It is recmmended that definitins f the wrds direct supervisin, meaning in the physical presence f the supervisr and indirect supervisin meaning supervisin f a prcedure in the absence f, but under the advice and directin f, the supervising registered veterinary surgen, be included in Sectin 2 f the Act. Althugh a Frm 7 - Licence t practice under a Veterinary Surgen by a Veterinary Paraprfessinal is appended t the VS & VPPA (2011), there is n prvisin in the Act which bliges a VPP t enter int such an agreement with a registered veterinary surgen. The nly place in any f the current legislatin where the requirement fr supervisin f VPPs by a registered veterinary surgen is fund in the cde f ethics, which has its legal basis in Sectin 6 (2)(f) f the VS & VPPA (2011). It is recmmended that Sectin 26 Annual Licence - f the VS & VPPA (2011) is amended t include a prvisin fr the licensing f VPPs t practice nly when such licensed VPP is wrking under the direct r indirect supervisin f a named registered veterinary surgen and upn submissin f a cmpleted Frm 7, (in additin t payment f annual retentin fees and any ther specified cnditins (e.g. CPD). Cnsideratin may be given t develping a statutry cntractual agreement between a practising VPP and a registered veterinary surgen which explicitly defines the 41

56 supervisry respnsibilities f the supervisr and, at the same time the bligatins f the supervised persn. Sectins 15 and 16 f the VS & VPPA (2011) prvide the requirements fr registratin f veterinary surgens. Sectin 15 (1) (b) stipulates that an applicant shuld hld a degree in veterinary medicine frm a university recgnised in Kenya. Fr the sake f transparency, it is recmmended that a prvisin is made fr the Bard t prescribe by regulatin the Veterinary Degrees f ther cuntries which it accepts as being a sufficient qualificatin fr registratin withut having t underg an examinatin set by the Bard. It is als cnsidered unusual fr there t be a statutry requirement fr a veterinary surgen t be a member f the KVA (S.15 (1) (c), which is a vluntary rganisatin representing the interests f the veterinary prfessin. There is n prvisin in the Act fr the temprary registratin f veterinary students. Since it is accepted that veterinary students wuld nrmally perfrm surgical peratins during their undergraduate training, it is recmmended that prvisins are made fr their temprary registratin in rder t ensure that any such surgical peratins are carried ut under the direct supervisin f a registered veterinary surgen., In this case, the Act may be amended t include a prvisin fr the temprary registratin f veterinary students wh are enrlled n a full time curse leading t a degree in veterinary medicine and surgery. The requirements fr registratin f different categries f VPP are prvided fr in Sectin 17 f the VS&VPPA (2011) and Regulatins (2013). In these sectins, tw categries f VPP have been recgnised in the Regulatins (2013), Veterinary Technlgist and Veterinary Technician. In the case f the frmer, the requirement fr registratin is a tw year diplma r a three year degree in animal health, whilst fr the latter it is an academic certificate in an animal health curse f at least tw years study, r, in accrdance with Sectin 17 (1) (b) (ii), a curse f nt less than ne year in animal health, prescribed by the Bard. In spite f these differences in registratin requirements fr each categry f VPP the range f interventins which may be perfrmed by any VPP as defined in the Secnd Schedule f the VS & VPPA (2011) is the same. It is recmmended that the range f interventins allwed t be perfrmed by any cadre f VPP is tailred t the knwledge and skills acquired thrugh the specific curse f training successfully cmpleted. There are tw errrs in the Frms in the Furth Schedule t the VS &VPPA (2011). Firstly, Frm 3 - Applicatin fr Registratin as a Veterinary Paraprfessinal states [ ] hereby make an applicatin fr registratin as a Veterinary Surgen. - This shuld be amended t Veterinary Paraprfessinal. Secndly, the reference in the enclsures required t be submitted tgether with an applicatin fr registratin, states: 2).[ ] ath as required by sectin 16(3) f the VS& VPPA shuld read sectin 17(4) f the VS & VPPA. There is as yet n categry f Cmmunity-based Animal Health Wrker, recgnised by the Bard, althugh the draft Veterinary Plicy (2015), with the bjective f ensuring effective and efficient perfrmance f veterinary practice states that the Natinal Gvernment will: Prvide minimum qualificatins fr Cmmunity-based Animal Health Wrkers t attain, at least, a certificate qualificatin in animal health frm an institutin recgnized by the veterinary statutry bdy. Thus, accrding t natinal plicy CAHWs shall be recgnised but will be required t btain the same minimum level f educatin (and ne year f internship under the supervisin f a registered veterinary surgen) as that required fr registratin as a Veterinary Technician, as prescribed in Sectin 17 (1) (b) (ii) f the VS&VPPA (2011). In view f the unique characteristics f the ASALs where mre than 60% f the natinal herds f cattle, sheep and gats and almst 100% f the camel herd are fund and where access t secndary educatin, let alne certificate level curses in animal health fr 42

57 pastralist cmmunity members is very limited, it is recmmended that the KVB and the DVS jintly undertake a manpwer needs assessment fr animal health service delivery in the ASALs taking int cnsideratin human and animal ppulatin distributin and educatin and training pprtunities fr ptential CAHW candidates int cnsideratin. Depending n the utcme f such a study cnsideratin may then be given t amending the registratin requirements fr CAHWs in rder that the majrity f livestck keepers in the ASALs are able t gain access t an affrdable and useful level f primary animal health care service prvider. The current requirements fr registratin f Veterinary Technician wuld seem t be ver restrictive given the pprtunities that currently exist and which are unlikely t change t any great extent fr the freseeable future, in much f the territry which is classified as ASAL. Althugh Sectin 45 (2) (p) f the VS&VPPA (2011) gives the Cabinet Secretary authrity t make regulatins fr anything required by this Act t be prescribed, there is n specific legal basis fr the impsitin f the requirement t meet minimum cntinuus prfessinal develpment (CPD) requirements as prvided fr in Sectin 17 f the VS&VPP Regulatins (2013). In rder t ensure the technical independence and the autnmy f the KVB it is recmmended that the Cabinet Secretary shuld nly be authrised t make Regulatins n the advice f the Bard. Furthermre, it is als recmmended that an additinal prvisin which specifies authrity t make regulatins cncerning the requirements fr CPD t be made in Sectin 45 f the Act, as a cnditin f retentin n ne r ther f the respective registers. Finally, the inclusin f Sectin 39 in the law t establish the Veterinary Statutry Bdy seems misplaced. It is cnsidered unusual t prvide a mandate fr the management f the entire animal resurce industry t a VSB, which is nrmally nly delegated t regulate the veterinary prfessins and veterinary para-prfessins as well as veterinary educatin and training. The establishment f the institutins included in paragraph (2) f this Sectin wuld nt nrmally be under the mandate f the VSB. In the case f the establishment f a Veterinary Medicines Directrate, it is recmmended that befre the DVS attempts t push thrugh their prpsed draft Regulatin t establish this institutin, further dialgue with the Pharmacy and Pisns Bard is required, especially in cnsideratin f the fact that the MH is in the prcess f develping legislatin t create a Fd and Drugs Administratin. It was unclear frm ur discussins during the missin as t whether the prpsed VMD wuld becme a wing f the KVB r f the DVS. The prcedures fr the regulatin f the imprtatin, manufacture and registratin f veterinary medicines are cmplex and wuld g beynd the technical capability f a VSB per se, unless the VSB is prvided with an additinal staff and funding and access t labratries. The VSB can and shuld, hwever have a rle t play in the regulatin f the sale and use f veterinary medicines since this area f regulatin is intimately cnnected with the practice f veterinary medicine and surgery. The inspectrate referred t in Sectin 39 (2) (b) wuld include the regulatin f the imprtatin, manufacture, distributin, sale and use f animal feeds, animal genetic material, medicines and vaccines and animal prducts. The mandate fr these areas f regulatry cntrl wuld nrmally be the respnsibility f the Veterinary Authrity. It is recmmended that cnsideratin be given t reviewing Sectin 39 f the VS & VPPA (2011) and t transfer much f this sectin t the prpsed draft animal health legislatin. 43

58 5. Overall cnclusins and recmmendatins During this missin the VLIM Team has fund that there is an experienced team f senir fficers in the DVS and amngst ther stakehlder grups including particularly the KVB and the KVA and sme NGOs with an interest in animal prductin and animal welfare wh are capable t take frward the prcess f review and refrm f the veterinary legislatin. The Ministry f Agriculture, Livestck and Fisheries has at least ne permanent legal cunsel and the DVS has access t this persn althugh the team was infrmed that the persn was nt well grunded in legislative drafting. Hwever, during this missin the legal cunsel f the MALF, althugh invited, was nt able t attend any f ur meetings due t a heavy wrklad. In view f the cnsiderable amunt f legislative drafting which is nw required t be undertaken by the DVS it is recmmended that a legal cunsel with skills in legislative drafting is required t assist the DVS fr a perid f up t tw years in rder t assist with the preparatin f new r amendment f existing legislatin. The mre recently prmulgated Acts and Regulatins cvering the veterinary dmain have been well drafted althugh there are sme shrtcmings with respect t the use f subjective language, prly frmulated definitins r a lack f definitins fr imprtant wrds used in the legal texts. In sme cases, especially the draft Animal Welfare Bill, the hierarchy f the law has nt been well respected. It is recmmended t ensure that in all cases, the Act is used, inter alia, t establish institutins with the authrity t enfrce the prvisins f the Act (a Cmpetent Authrity), t establish a chain f cmmand, t cnfer pwers t set standards thrugh Regulatins and t define areas f prhibitin which cmprmise rights f privacy, title t prperty r the rights t engage in practices which in ne way r anther may present a risk t human r animal health r life r the envirnment. Regulatins are used t define hw the law is enfrced and t prvide specific standards, fr safety and quality, fr instance, which may frm time t time be changed as technlgy r ther circumstances change. There is sme degree f verlap in the existing legislatin with regard t the defined rles and respnsibilities f the established cmpetent authrities fr the regulatin f fd safety f animal prducts, the sale and use f veterinary medicines and bilgicals, the imprt and exprt f animals, animal prducts and ther cmmdities and the regulatin f animal welfare and stray animals. The mst imprtant gaps identified by the Team in existing Kenya law relative t the OIE standards fund in Chapter 3.4, Veterinary Legislatin, f the TAHC are as fllws: 1. the requirements fr cnducting an utbreak investigatin by a state veterinary fficer t cnfirm the clinical suspicin f a case r utbreak f a ntifiable disease; 2. the requirements fr establishing and maintaining an animal disease infrmatin management system t recrd and cmmunicate all suspected r cnfirmed cases f ntifiable disease; 3. the develpment f cntingency plans fr the preventin and cntrl f extic r emerging diseases and the administrative and lgistical rganisatin f such plans; 4. the circumstances (animal disease r veterinary public health emergencies) under which the Cmpetent Authrity may exercise exceptinal pwers ; 5. access t emergency funding fr the purpse f cntrlling utbreaks f animal disease r fr dealing with public health emergencies; 6. the designatin, rles, respnsibilities, bligatins and quality requirements fr natinal r ther reference labratries fr the cnduct f fficial tests and analyses; 44

59 7. the authrisatin f public r private veterinary diagnstic labratries t perfrm fficial tests and analyses r t cnduct tests fr the purpse f quality cntrl; 8. the accreditatin and apprval f prcedures fr cnducting fficial tests r analyses; 9. the authrisatin f reagents used t perfrm fficial tests and analyses; 10. the cntrl f quality assurance f manufacturers f reagents used t perfrm fficial tests and analyses; 11. the surveillance f marketing f (fficial) test reagents; 12. prvisins describing the scpe f an fficial animal identificatin system; 13. the apprved devices and applicatrs fr use in an fficial natinal animal identificatin system; 14. the alphanumeric numbering system which shall be adpted fr the identificatin f all animals being identified fr the purpses f mvement cntrl and traceability; 15. limitatin f access t animal identificatin, mvement cntrl data managements systems and the cnfidentiality f animal identificatin infrmatin and cnfidentiality f infrmatin; 16. the precise rles and respnsibilities f each f the Cmpetent Authrities respnsible fr the safety and quality f animal prducts, frm farm t frk; 17. the recall f animal prducts destined fr human cnsumptin and animal fdstuffs; 18. the crrect definitin f animal, cruelty, humane killing in relatin t animal welfare regulatin; 19. the prvisin f authrity t make regulatins fr setting standards f transprtatin, management, handling and nutritin f animals, the humane slaughter f (slaughter) animals and the humane destructin f animals fr ther reasns, the cntrl f stray animals; 20. the definitin f what is a veterinary medicine r bilgical substance in legislatin related t the cntrl f veterinary medicines and bilgicals; 21. the cntrl f quality f raw materials used t manufacture veterinary medicines r bilgicals; 22. the qualificatins f peple cnducting clinical trials n veterinary medicines r bilgicals; 23. the establishment / labelling f withdrawal perids f veterinary medicines at the time f dispensing, and fr setting the maximum residue levels (MRL) f veterinary medicines r ther cntaminants which may be detected in animal prducts destined fr human r animal cnsumptin r ther cmmercial uses; 24. The requirement that fd prducers, prcessers and sellers have primary respnsibility fr the safety and quality f fd f animal rigin destined fr human cnsumptin as well as fr ther purpses; 25. the use f risk-based management prcedures at fd prcessing premises handling prducts f animal rigin destined fr human cnsumptin; 26. imprt and exprt - reference t cmpliance with WTO and ther internatinal standards fr internatinal trade f animals, animal prducts and ther cmmdities which may present a risk t human r animal health r life r the 45

60 envirnment. The changes brught abut by the new Cnstitutin in Kenya have resulted in an urgent need t prepare new legislatin t replace the Animal Disease Act (1965, revised Editin 2012), which is largely utdated and des nt cnfrm with OIE r ther internatinal standards. As a cnsequence, many f the prvisins given in several ther Acts, that have been made ver the years t cver ther areas f the veterinary dmain and which are als largely utdated, culd nw als be incrprated int the same prpsed new legislatin. These include, amngst thers, the Rabies Act (1932), the Branding f Stck Act (1907), the Cattle Cleansing Act (1929), the Stck and Prduce Theft Act (1933), the Fertiliser and Animal Feedstuffs Act (1962). The Meat Cntrl Act (1972), and t a great extent, the Preventin f Cruelty t Animals Act (1962). It is recmmended that the DVS shall develp a new Animal Health Bill r t amend the existing Animal Disease Act (1965, revised editin 2012), in which the DVS is established as the Cmpetent Authrity fr setting standards specifically in the area f animal health and thereafter establishes a chain f cmmand and frmal systems f cmmunicatin between natinal and cunty gvernments fr areas f activity specifically related t animal health. Other Bills shuld then be develped r existing Acts amended t define the rles f the DVS, and as necessary ther Cmpetent Authrities in areas such as, imprt and exprt f animals, animal prducts and ther cmmdities, fd safety f animal prducts, the sale and use f veterinary medicines and animal welfare. The specific areas f the veterinary dmain which shuld be cvered by the prpsed new legislatin and Regulatins wuld include fllwing: Animal health: disease surveillance - disease reprting and ntificatin, utbreak investigatin, the cnfirmatin f clinical suspicin f suspected utbreaks f ntifiable disease; disease preventin, cntrl and eradicatin, especially TADS and ther diseases f natinal imprtance; cntingency plans and access t emergency funding; pwers f entry, pwer t inspect animals and animal prducts and t cllect samples, t have access t relevant dcuments, t seize, destry and dispse f infected r cntaminated animals, animal prducts and ther cmmdities and the pwers t suspend r terminate the activities f inspected premises; animal identificatin, mvement cntrl and traceability, including the scpe f the animal identificatin system, the respective rles and respnsibilities f the natinal and cunty veterinary authrities and wners f identified animals, apprved identificatin devices and applicatrs, the alphanumeric cde t be adpted in Kenya, animal identificatin infrmatin management system, limitatin f access t animal identificatin data management system, cnfidentiality f animal identificatin infrmatin mvement cntrl and traceability; animal gatherings including animal markets: licensing and inspectins. Veterinary diagnstic labratries and labratry reagents: designatin and rles and respnsibilities fr quality assurance f natinal reference labratries; classificatin and supervisin f different categries f veterinary diagnstic labratries, including labratries which undertake in-huse quality cntrl testing, e.g. at abattirs; authrisatin f fficial tests and analyses (accrding t standards set in the 46

61 OIE Terrestrial Manual fr Diagnstic Tests and Vaccines and Cdex Alimentarius); accreditatin f veterinary diagnstic labratries (ISO 17025/2005 and reginal / internatinal accreditatin systems); standards t ensure bisafety and bisecurity; authrisatin and delegatin f authrity t undertake fficial tests and analyses by private veterinary labratries n behalf f the state veterinary services; authrisatin f reagents t be used fr fficial tests and analyses; quality assurance f manufacturers f labratry reagents; surveillance f marketing f labratry reagents used fr fficial tests and analyses. Animal prductin: safety and quality f animal genetics (semen, va and embrys); sanitary requirements, licensing and inspectin f animal breeding centres; authrisatin f animal feed manufacturers; safety and quality f animal feeds; recall f infected r cntaminated animal feeds. Fd safety f animal prducts fllwing discussins with the MH in relatin t their preparatin f a draft Fd and Drugs Administratin Bill, prvisins t include: Prhibitin f the sale f animal prducts unless these have been inspected and certified as being fit fr human cnsumptin r ther cmmercial purpses by an authrised veterinary inspectr; the precise rles and respnsibilities f the Veterinary Authrities (natinal and cunty gvernment) fr the regulatin f the safety and quality f animal prducts (fr human and animal cnsumptin as well as ther cmmercial purpses) frm farm t frk ; setting sanitary standards fr cnstructin and management f fd prcessing establishments fr all types f animal prducts; setting standards fr ante- and pst-mrtem inspectin at slaughter facilities and standards fr the inspectin f meat and ther animal prducts destined fr human cnsumptin r ther cmmercial purpses; prviding accurate definitins f primary, unprcessed animal prducts and animal by-prducts and the prcedures fr ensuring their safety and quality; placing the primary respnsibility fr safety and quality f animal prducts placed n the market n the wner f a fd prcessing premises; prvisins fr the recall f animal prducts destined fr human r animal cnsumptin. Imprt and Exprt f animals, animal prducts and ther cmmdities:: definitins f animal prducts, and ther cmmdities which may present a risk t human r animal health r life and the envirnment; the prhibitin f imprt r exprt f animals, animal prducts r ther cmmdities unless subject t issuance f a permit (fr imprt) and an 47

62 internatinal veterinary certificate (fr exprt); defining the prcedures befre and during imprt at Brder Inspectin Psts (BIP); designatin f prts f entry r exprt fr defined cmmdities; defining standards fr sanitary measures t be applied n imprted animals, animal prducts r ther cmmdities based n OIE standards r n scientific justificatin, develped thrugh a risk analysis in accrdance with the relevant internatinal standards; equivalence f standards f an exprting cuntry which result in a similar level f prtectin t that required by the imprting cuntry; reginal standards being set by lcal and internatinal standard setting bdies, especially reginal trade rganisatins such as the EAC and COMESA. Veterinary medicines and bilgicals fllwing discussins with MH/Pharmacy and Pisns Bard (PPB) related t the review f the Pharmacy and Pisns Act Cap 244 and subsequent preparatin f a draft Fd and Drug Authrity Bill and the current initiatives t peratinalize the Veterinary Medicines Directrate (VMD), it is necessary t: prtect the gains made in the establishment f the VMD by engaging cnstructively with the PPB t ensure that veterinary medicines are apprpriately regulated establish maximum residue levels (MRLs) and sampling and testing fr residues in animal prducts; set cnditins related t supervisin and directin f VPPs authrised t use prescriptin nly medicines. Animal Welfare, fllwing further discussins with animal welfare NGOs and cunty veterinary authrities - the principles f animal well-being, a gd definitin f what is meant by cruelty; definitins f humane slaughter, slaughter animals, humane destructin and fr ther purpses such as jurney, resting pints, space allcatin etc., in the case f transprtatin f animals, wrking animals ; prhibitin t cause cruelty r t cmprmise animal well-being; prvisins t establish an animal welfare Cmpetent Authrity and inspectrate; funding mechanisms fr humane cntrl f stray animals and ther animal welfare cntrl activities such as creatin f public awareness; authrity fr Cmpetent Authrity t set animal welfare standards fr: management f animals and animal nutritin; transprtatin f animals; humane slaughter f slaughter animals; wrking cnditins fr wrking animals; standards fr animals used in sprt, exhibitin r fr experimentatin; pwers t enfrce Act and Regulatins by the cmpetent authrities. Fr each f the abve areas f the veterinary dmain there wuld then be the requirement fr separate Regulatins which set the standards and define precisely hw the Act(s) shall be implemented and enfrced. 48

63 The natinal cverage f Veterinary Services and the regulatin f the practice f veterinary medicine and surgery by registered veterinary surgens and veterinary para-prfessinals The Veterinary Surgens and Veterinary Para-prfessinals Act (2011) and Regulatins (2013) are well prepared and are almst fully cmpliant with OIE standards. Small imprvements can be made as recmmended in the detailed discussin fund in Sectin f this reprt. The majr cncern f the Team and the OIE experts wh had previusly cnducted the PVS evaluatins and Gap Analysis relates t the spatial distributin f Veterinary Services in the ASALs. It has been stated in several plicy dcuments, Visin 2030, and the draft natinal Veterinary Plicy, in particular, that an expansin f access t internatinal markets is a high pririty f the Kenyan gvernment with respect t the livestck industry. The ASALs are hme t mre than 60% f the livestck herds f cattle sheep and gats and almst 100% f the camel herd, and yet livestck prducers living in these areas have very limited access t any meaningful animal health services, apart frm sme rutine vaccinatin prgrammes, with limited cverage, as and when funding is available. Althugh it has been stated that disease free znes with respect t diseases which cmprmise internatinal trade (FMD, CBPP, CCPP, PPR and RVF, in particular) are t be established, these alne will nt cmpletely satisfy internatinal standards fr trade purpses. There is a need t establish animal health services in these regins which cmprehensively cver the rutine treatment f animals as well as essential disease preventin and cntrl prgrammes and mst imprtantly, an animal disease surveillance system which will allw the Veterinary Authrities t be in a psitin t accurately reprt real time animal health status thrughut the entire territry f Kenya. In cnsideratin f the current difficulties impsed by pr levels f educatin, sciecnmic and ge-physical characteristics, including the diverse tribal and clan relatinships, the lw densities f human and animal ppulatins and lack f access t frmal tertiary level animal health training fr cmmunity members in the ASALs, it is recmmended that the DVS jins frces with the multitude f stakehlders, including livestck keepers, private veterinarians and veterinary para-prfessinals with an interest in develping and imprving livestck prductin in the ASALs and undertake a cmprehensive manpwer needs assessment fr animal health service delivery. Based n the utcmes f such a needs assessment, the KVB culd clearly identify and categrize all the levels f veterinary paraprfessinals required within the cuntry alng with their range f qualificatins and respnsibilities. Whilst it is acknwledged that there have been enrmus challenges in the past with regard t the regulatin f VPPs in Kenya, dating frm the time when gvernment withdrew frm the prvisin f rutine clinical veterinary services, it is suggested that such regulatin may be imprved thrugh the creatin f a cntractual relatinship between a supervising veterinarian and (a grup f) supervised VPPs. Such a cntract wuld define the respective rles and respnsibilities f the supervisr and the supervised persns. Definitins f direct and indirect supervisin and the range f interventins which may be perfrmed by each separate categry f VPP, depending n his r her knwledge and skills, as determined by the training standards, can be defined in Terms f Reference which wuld becme an integral cmpnent f such a veterinary practice cntract. In this way mst f the imprtant cncerns f the veterinary prfessin with regard t prfessinalism and the ptential misuse f prescriptin nly medicines can be effectively mitigated. Kenya has the mst recent and prgressive cnstitutin. It prvides fr a veterinary plicy that frms a strng basis fr the review f veterinary laws. Cnsequently, and in keeping with the prgressive attributes f the Cnstitutin, the review f veterinary laws has a great ptential t generate an excellent radmap fr gd veterinary practices in the regin. 49

64 6. Evaluatin f capacity t undertake future wrk n legislatin During the cnduct f this missin the VLIM Team was impressed with the extensive knwledge and capacity f the members f the DVS and ther stakehlders wh have played an active rle in reviewing and develping new veterinary legislatin. Furthermre, the Team was left in n dubt as t the high level f mtivatin and cmmitment n the part f this team fr bringing Kenya s legislatin int line with OIE and ther internatinal standards. The Team was impressed with the interest and cmmitment shwn by the Principal Secretary fr Livestck and were assured that the necessary resurces wuld be made available fr the Plicy and Regulatry Department t cntinue their wrk in develping apprpriate new veterinary legislatin. The Plicy and Regulatry Department f the DVS has access t an experienced lawyer wh is secnded t the Ministry f Agriculture, Livestck and Fisheries and has established a gd wrking relatinship with the Office f the Attrney General. The prmulgatin f a new Cnstitutin, which has an imprtant bearing n the respective rles and respnsibilities f natinal and cunty gvernments presents an enrmus challenge, but at the same time ffers a glden pprtunity t address the need fr veterinary legislatin refrm via ne f the varius appraches prpsed in this reprt. The dcument entitled Guidelines fr the Delivery f Veterinary Services in Kenya (undated) already demnstrates that the senir fficers respnsible fr frmulatin f Plicy and legislatin have a gd understanding f the standards set in the OIE Terrestrial Animal Health Cde, the SPS Agreement f the Wrld Trade Organisatin and the Cdex Alimentarius. The team f senir managers als demnstrated that they have grasped the implicatins f the Cnstitutinal changes as they affect the devlutin f authrity and pwers frm central gvernment t cunty veterinary authrities. 50

65 List f appendices Appendix 1 Appendix 2 Appendix 3 Appendix 4 Appendix 5a Appendix 5b Appendix 6 Appendix 7 Appendix 8 Appendix 8a Appendix 8b Crrespndence between the OIE and the cuntry Organgram f the Veterinary Services Missin Itinerary Persns cnsulted during the Missin Cuntry s respnses t OIE Questinnaire Part I Cuntry s respnses t OIE Questinnaire Part II Lists f acts and subrdinate legislatin cnsulted List f reprts cnsulted during the missin PwerPint presentatins used at entry and exit meetings Appendix 8a Opening Meeting presentatin Clsing Meeting presentatin 51

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67 Kenya Veterinary Legislatin Identificatin Missin Appendix 1 Crrespndence between the OIE and the cuntry REPUBLIC OF KENYA MINISTRY OF AGRICULTURE, LIVESTOCK & Telephne: FISHERIES STATE DEPARTMENT OF LIVESTOCK Office f the Directr f Veterinary Services VETERINARY RESEARCH LABORATORIES veterinarvdepfñ ž gmail,clll PRIVATE BAG, KANGEMI NAIROBI When replying, please qute: REF: NO. OIE/I/VOL. All crrespndences shuld be addressed t: The Directr Of Veterinary Services Date: 22 nd Octber 2014 Dear Directr General, RE: REVIEW OF VETERINARY LEGISLATION IN KENYA Since Kenya received a missin fr the Evaluatin f the Perfrmance f Veterinary Services (OIE-PVS Evaluatin) in April 2007 and the Final 0113 PVS reprt was finalized, I am writing t request further assistance frm the OIE in sending an OIE Missin t Kenya t review the current status f Veterinary Legislatin and advise n the necessary updating and mdificatin t bring the legislatin int clser alignment with OIE recmmendatins as fund in the OIE Terrestrial Animal Health Cde, I lk frward t receiving yur reply t this request and I will be pleased t prvide any infrmatin yu may need t facilitate the cnduct f the OIE Missin (s). Please be advised that the fcal pint fr the Veterinary Legislatin missin is Dr. Charles Ochd, Deputy Directr f Veterinary Services in charge f Plicy. His cntact details are address: chdc@yah.cm; telephne number: Kind regards, Yurssincerely, Dr. Kisa J. Z, Juma Ngeiywa, OGW Ag. Directr f Veterinary Services 53

68 Kenya Veterinary Legislatin Identificatin Missin

69 Kenya Veterinary Legislatin Identificatin Missin

70 Kenya Veterinary Legislatin Identificatin Missin

71 Kenya Veterinary Legislatin Identificatin Missin The Directr f Veterinary Service Date: 16'"September, 2015 Directr General Wrld Organizat in fr Anim al Health (OIE) 1 2,rue de Prn y PARIS, FRANCE OlE Veterin ary Legislatin Identificatin Missin I refer t yur letter dated 30th June, 20 15, referenced FC/DS. I am pl eased t cnfirm I have n bjectin-t the prpsed experts and 16th t ' Nvember as the dates fr the missin. Dr. Cathryn Wanjhi is designated as the cntact persn wh will cllabrate with Dr. Wdfrd t rganise the missin. She will prvid e any dcu ments required befre the start f the missin. The K enyan gvernment will facilitate lcal travels and prvi de lgi stical supprt t the experts. l appreciate this supprt and lk frward t a successful missin lcally. Dr. Kisa J. Z.Jum a Ngeiywa, OG W Directr f Veterin ary Services 57

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73 Appendix 2 Organgram f the Veterinary Services 59