Act and Laws in Kenya

No person shall be permitted to partake of food or drink where a poisonous or otherwise injurious substance is used so as to give rise to any dust or fume.

(1) Every employer shall provide and maintain for the use of employees in any workplace where employees are employed in any process involving exposure to wet or to any injurious or offensive substance, adequate, effective and suitable protective clothing and appliances, including, where necessary,...

(1) Every employer shall provide suitable goggles or effective screens to protect the eyes of person employed engaged in any of the processes specified in the Eighth Schedule. (2) Every employer shall ensure that where in any workplace electric arc welding is carried on, effective provision is...

(1) Where the Cabinet Secretary is satisfied that— (a) cases of illness have occurred which he has reason to believe may be due to the nature of the process or other conditions of work; (b) by reason of changes in any process or in the substances used in any process or, by reason of the...

Where a part of a building is let off as a separate workplace, the provisions of this Act shall apply to that part of the building used for the purposes of the workplace.

(1) The provisions of this Act shall apply to any premises (not being premises forming part of a workplace) in which a steam boiler is used, as if the premises were a workplace and as if the person having the actual use or occupation of the premises were the occupier of a workplace. (2) If at any...

(1) The provisions of this Act shall apply to any premises (not being premises forming part of a workplace) in which a hoist or a lift is used, as if the premises were a workplace and as if the person having the actual use or occupation of the premises were the occupier of a workplace. (2) If at...

(1) Every occupier or owner of a vessel or platform erected over water or in water shall ensure that adequate measures have been taken to protect the safety and health of persons employed on any vessel or platform and shall at all times comply with the provisions of this Act. (2) The provisions of...

(1) In the event of any contravention in connexion with or in relation to a workplace of the provisions of this Act, the occupier, or if the contravention is one in respect of which the owner is by or under this Act made responsible, the owner of the workplace shall, subject to this Act be guilty of...

(1) Any person who commits an offence under this Act for which no express penalty is provided shall on conviction be liable to a fine not exceeding three hundred thousand shillings or to imprisonment for a term not exceeding three months or to both. (2) Where the contravention in respect of which a...

(1) Where the occupier or owner of workplace is convicted of an offence under this Act, the court may, in addition to or instead of imposing any penalty, order him, within the time specified in the order, to take such steps as may be specified to remedy the matters in respect of which the...

If any person is killed, or dies, suffers any bodily injury, in consequence of the occupier or owner of a workplace having contravened any provision of this Act, the occupier or owner of the workplace shall, without prejudice to any other penalty, be liable to a fine not exceeding one million...

A person who— (a) forges or counterfeits any certificate required by, under or for the purposes of this Act; (b) gives or signs any certificate knowing it to be false in any material particular; (c) knowingly utters or makes use of, any forged, counterfeited or false certificate; (d) knowingly...

Where an act or default for which an occupier or owner of a workplace is liable under this Act is in fact the act or default of an agent, servant, worker or other person, that agent, servant, worker or other person shall be deemed to have committed the offence and shall be liable to the like penalty...

(1) Where the occupier or owner of a workplace is charged with an offence under this Act, he shall be entitled, upon a charge duly made by him and on giving to the prosecution not less than three days’ notice in writing of his intention, to have any other person whom he charges as the actual...

Where, under this Act, any person is substituted for the occupier or owner of a workplace with respect to any provisions of this Act, any order, summons, notice or proceeding which, for the purpose of any of those provisions, is, by or under this Act, required or authorized to be served on or taken...

(1) All offences under this Act shall be prosecuted, and all fines under this Act shall be recovered in a magistrate’s court. (2) In any proceedings under this Act, it shall be sufficient in the charge or information to allege that the workplace is a workplace within the meaning of this Act and to...

(1) If a person is found in a workplace at any time at which work is going on or the machinery is in motion, except during the intervals for meals or rest, he shall, until the contrary is proved, be deemed for the purposes of this Act to have been then employed in the workplace: Provided that this...

(1) Any document, including any summons or order, required or authorized to be served under this Act may be served— (a) on any person, by delivering it to him, or by leaving it at, or sending it by registered post to, his residence or place of business; (b) on any firm, by delivering it to any...

If by reason of an agreement between the owner and the occupier of premises, the whole or any part of which has been let as a workplace, the owner or occupier is prevented from carrying out any structural or other alterations in the premises which are necessary to enable him to comply with the...

Where in any premises the whole or any part of which has been let as a workplace, any structural or other alterations are required in order to comply with the provisions of this Act, or in order to conform with any standard or requirement imposed by or under this Act, and the owner or occupier, as...

(1) There shall be kept posted in a prominent position in every workplace— (a) the prescribed abstract of this Act; (b) a notice of the address of the Director and of the area occupational safety and health officer; (c) printed copies of any rules made under any provision of this Act which are...

(1) There shall be kept in every workplace a register, in the prescribed form, called the general register, and there shall be entered in or attached to that register— (a) the certificate of registration of the workplace; (b) every other certificate issued in respect of the workplace by the...

(1) The general register and every other register or record kept in pursuance of this Act shall be preserved and shall be kept available for inspection by any occupational safety and health officer for at least three years, or such other period as may be prescribed for any class or description of...

(1) The occupier of every workplace, to which any of the provisions of this Act apply, shall, if so required, by an order published in the Gazette, send to the Director, at such intervals and on or before such days as may be specified in the order, a correct return showing, with respect to such day...

(1) No building shall be erected or converted for use as a workplace and no structural alteration and no extension shall be made to any existing workplace except in accordance with plans showing details of the proposed construction, conversion, alteration or extension, approved by the...

(1) Notwithstanding section 26 of the Government Financial Management Act, No. 5 of 2004 (repealed), Parliament shall appropriate moneys necessary for the establishment of a fund to be known as the Occupational Safety and Health Fund. (2) The purpose of the Fund shall be to— (a) secure the...

(1) The Cabinet Secretary may, in consultation with the Council, make regulations under this Act to— (a) prohibit exposure to hazard; or (b) prescribe ways to prevent or minimise exposure to hazard. (2) The Cabinet Secretary may, after consultation with the Council, make regulations— (a) which...

(1) The Cabinet Secretary may direct a formal investigation to be held into any accident occurring or case of disease contracted or suspected to have been contracted in a workplace, premises, place or location and of its causes and circumstances and the provisions of this section shall have effect...

(1) Subject to the provisions of subsection (2), the Factories and Other Places of Work Act is repealed. (2) Notwithstanding the provisions of subsection (1)— (a) anything done under the provisions of the Factories and Other Places of Work Act (Repealed) or by the Cabinet Secretary under the...