By-Laws at a Glance

GENERAL NUISANCE
Offences

• Making any kind of noise on the streets
• causing risk to users through destruction of a building or road
• Causing risk to users through inadequate fenced or unfenced land, lack of repair, protection, removal or enclosure; leaving things around that may make one to fall and discharge a missile in or near a street.
• Destroying the surface of a public street
• willfully blocking a free passage or removal/displacement of any council property
• cutting down a tree without a permit from the council
• playing any game, riding or driving or propelling on a foot path
• defacing any building by writing signs or graffiting
• depositing any type of material or waste on the streets
• spitting on any footpath or blowing the nose aimlessly other than into a suitable clothe or tissue
• committing any act contrary to public decency
• loitering, importuning or attempting to procure a female/male for prostitution purpose
• defecating or urinating on a street or any other space
• Conveyance of open food in a manner likely to cause contamination
• Keeping any animal or poultry which causes a nuisance to any resident in the neighborhood.
• washing, repairing or dismantling any vehicle in a prohibited area except in the case of emergency
• touting for passengers
• failure to observe traffic lights or zebra crossing
• Driving or permitting to be driven in any overloaded vehicle such that its contents are spilling.
• Allowing hedges and trees to encroach and pose a danger to traffic movement

Rules and regulations

• All tree hedges or other growth should be chopped, trimmed or removed
• All meat poultry for sale should be inspected
• Every building must be painted at least once a year
• A landlord should ensure the frontage of a building is kept clean, in good condition and well repairs
• A building owner should ensure installation of security lights in the front building.

PARKING
Offences

• Placing a signpost or reserving a parking space without authority of the council
• Parking in a designated parking space without payment of fees
• Parking on a pavement or on council gardens
• Signaling, guiding or directing a driver of a vehicle into or out of a parking place
• Interfering with writing or marks on a parking ticket
• Using a parking space for advertisement or business
• Damaging a vehicle clamp, removing or attempting to remove the same
• Obstructing an officer in enforcing by-laws
• Knocking down an electricity pole, will lead to the owner paying for the restoration of the pole.

Rules and regulations

• Non-payment parking fees will lead to clamping and towing of the vehicle. Any vehicle clamped must pay clamping fee to the council
• Failure to pay towing fees and other expenses incurred by the council within 60 days may lead to disposal of the vehicle through public auction
• The parking ticket must be displayed on the front windscreen. Non display will imply non payment of the same
• Parking attendants shall at all time put on a uniform, carry and have with them proper identification badge issued by the council
• A parking ticket issued out to a vehicle is not transferrable to another vehicle
• You need a council permit to run a commercial private parking place
• Vehicles must be parked within the space indicated by lines or any other mark provided by the council
• The council will not be responsible for damage or loss incurred during clamping or removal of the offending vehicle.

Parking is free from 2.00 pm on Saturdays, whole day on Sunday and Public holiday.

SOLID WASTE MANAGEMENT

• It is the city council’s duty to regulate waste and its management within the city
• The council may revoke/cancel waste operator’s permit in breach of given conditions
• Waste operators permit is not transferable without the consent of the council
• The council must provide a place to dispose waste before it is transferable for final disposal
• The council should issue directions for different collection charges at different places
• Any duly authorized officer may inspect a residential dwelling or trade premises at any time
• Disturbing a waste disposal site or container approved by the council is wrong.
• organized groups will be given designed areas for small scale resource recovery
• Any person, who produces, carries, keeps, treats, disposes of waste etc with an exception to domestic household waste, should ensure that the transfer of the waste is made to authorized persons.
• Occupier/tenants of any building/trade premises must have a sizeable container with a good lid in which the daily domestic water should be kept.
• domestic and trade premises occupiers an owners shall separate recyclable waste and place waste and place it in different container provided/approved by the council.
• Premises owners/occupiers of the premises should ensure hazardous/clinical waste is managed to the satisfaction of the council.
• It is the duty of any who generates trade waste to ensure it does not pollute the environment
• Burning, throwing away etc of waste in an inappropriate place is an offence.

FIRE BRIGADE
Offences

• Entering any premises which are on fire without authorization from a senior fire officer.
• Obscuring, defacing or removing a plate fixed on any fire hydrant
• Obscuring, molesting or interfering with any member of the fire brigade when on duty
• Giving false fire alarm to the fire brigade
• Making or causing fire.
• Denying entry or obstructing an officer from inspecting or getting any information from any premise.
• Using premises without obtaining a fire prevention clearance certificate from the Chief Fire Officer.
• It is the duty of the senior fire officer present at the scene of any fire to control all the operations.
• The chief fire officer may permit the owner or occupier of any building to connect an automatic fire system to the fire brigade premises.
• The senior fire officer present may enter or break into any premises within the city which appear to be on fire without consent from any person.
• A senior officer may temporarily close any street, passage or thoroughfare in or near which a fire exists.
• During fire fighting, a senior fire officer has the power to use any supply of water whether on public or private property.
• The council may at any time instruct a person to remove any material that is most likely to cause fire.
• Owner should pay for fire fighting services whether the owner requested for attendance or not.
• The Chief Fire Officer will inspect premises to ensure they comply with fire safety.

What to do incase of fire:-

• Do not panic
• Sound the alarm (electronic or shout “fire”).
• Fight the fire if safe to do so.
• Call the fire brigade (2222181/2), giving the fire correct physical address ( road/building name, telephone numbers and contacts)
• Evacuate using escape route
• Close windows and doors behind you (do not lock doors)
• Do not use lifts
• Proceed to the assembly point for head count
• Do not re-enter until told to do so by the fire personnel.

HAWKING

• One can apply for a permit to the Town Clerk for authority to conduct hawking, giving particulars of goods and place of hawking.
• An hawker’s assistant permit may be issued to a person employed to assist the permit holder who hawks refreshments and is physically disabled or has loss of a limb.
• The permit is not transferable to another person
• Any person without a valid permit or hawks in an undesignated area risks having their goods impounded
• Each person engaging in hawking must have a badge and wear it at a conspicuous place
• Council officers have a right to inspect any goods/ articles being hawked. Blocking an officer from performing that duty is an offence.
• Soliciting, inducing, bargaining, negotiating or buying from a hawker in an undesignated area is an offence.

MATATU TERMINUS

• Application of parking permit should be made to the Town Clerk. The permit expires on 31st December of the year it is issued.
• Parking permit must be displayed conspicuously on the matatu which it is issued.
• Parking of any vehicle other than a matatu at a matatu termini is an offence
• The permit is not transferable to another vehicle
• One needs a written authority of the Town Clerk to establish a private matatu terminus
• Matatus should only be parked at a matatu terminus and will only stop to pick or drop passengers at a designated bus stop.
• All matatus at terminus should be under direction of an enforcement official.
• One should not drive more than 10km/hr into the terminus
• Importuning for passengers on the streets or terminus is an offence
• A matatu abandoned at the terminus without adhering to the by-laws may be removed by an enforcement officer
• If fees and expenses incurred in the removal of the matatu are not paid without 60 days from day of removal, the council may dispose it to cover outstanding fees and expenses
• Six or more persons waiting to enter at a terminus or designated stopping place, must form a queue.
• Hawking of goods at matatu terminus without a permit of the council is illegal.
• All persons in a matatu terminus must follow directions and instructions of enforcement or police officers.
• No person in a matatu terminus shall do the following:
  • Obstruct a person from entering and alighting from a matatu
  • Enter the matatu through elsewhere apart from the door
  • Obstruct a conductor or a driver from performing their duties
  • Behave in a disorderly manner
  • Urinate in a public place
  • Interfere or molest anyone
  • Cause any verbal disturbance or any abusive language
  • litter or spit
  • Damage council equipment

FOOD SHOPS AND STORES

• One can apply for a permit to the Town Clerk giving sufficient particulars of the shop.
• The permit expires on 31st December of the year it is issued
• The Town Clerk shall not issue a new permit if:
  • The applicant is not a city resident
  • The shop or store does not comply with the city council by laws
• A person working in a food shop or store must have a valid medical certificate
• A license or permit holder should display his/her permit at a visible place
• Any person within the city should not trade in food unless he is in possession of appropriate license or permit.
• Any health inspector has a right to inspect a registered food shop or store at any time.
• Blocking an officer from doing that duty is an offence.

LICENCING OF PREMISES AND TRADES

• No person shall engage in any business at any premises within the jurisdiction of the Council unless such premises are permitted for that purpose
• Business permits shall not be issued for businesses being carried out in a building where land and ground rent are owing.
• The council may issue or refuse to issue a permit
• A permit fee shall be paid to the council, which may be revised from time to time
• The amount of permit fees paid by charitable organizations may be exempted or reduced.
• A permit may be transferred by the holder to any other person with prior consent of the council, accompanied by a fee which is subject to revision.
• Any person authorized by the Town Clerk may enter your premises at any time to inspect or inquire if the conditions attached to this permit are being observed. Anyone who interferes shall be guilty of an offense.
• Every applicant for a single business permit shall produce a certificate of payment of rates to the council.
• If any permit contravenes any of the conditions set out under Section 165 of the Local Government or the Council, the Council may refuse to grant or renew it.
• Consolidated permits will be issued to traders who conduct different businesses within the same premises.
• The council shall levy fees and charges for the use of way leaves, that is, land used for overhead, underground and ground level service lines for power lines, telephone lines e.t.c
• Fees and charges for quarrying shall be levied by the Council, and the person undertaking such activities will accept conditions set about reclamation, reinstatement and alternative use.
• Any person carrying out business must obtain a business permit by the 31st March of the current trading year or be guilty of an offense.
• An authorized official may demolish any illegal kiosk business being used for street trading at a place where it is prohibited.
• A person doing kiosk business shall not sleep overnight in his business premises.
• A cyber café shall be limited to a certain number of computer monitors determined by the Council, depending on whether it is a small, medium or large business centre.

TAXI-CAB

• The Town Clerk shall receive the application form atleast a month before the date on which the permit is intended to take effect.
• The Town Clerk shall issue, in addition to the permit in respect of which the application is made:-
  • In the case of a taxi-cab driver’s permit, a badge bearing the permit, number of the permit and issued and his photograph.
• Require all taxi-cab drivers to wear the prescribed uniform when on duty.
• The Town Clerk shall refuse to issue and the council may at any time cancel a permit if:-
  • In the case of a taxi-cab permit-
  • The owner is not a Kenyan or is an undercharged bankrupt
  • The issue of the permit is prohibited by these laws
  • The applicant fails to satisfy the Town Clerk that he is fit and proper to hold such a permit.
• A taxi-cab driver’s license may not be issued if the applicant has been convicted fro an offense against traffic act.
• No permit shall be transferred so as to apply to a vehicle other than that in respect of which the original application was made and the permit issued.
• Where a permit is surrendered on or before the 30th of June in any year, a refund half the fee thereof shall be made.
• Owner of the taxi-cab shall be expected to take his vehicle for inspection after three months.
• Every taxi-cab shall be provided with a taxi meter of a type approved by the City engineer.
• The taxi meter and all fittings shall be so sealed that it shall not be practicable for any person to tamper with them except by breaking, damaging or permanently displacing the seals.
• All taxi drivers shall be required to behave in a civil and orderly manner and ensure the safety of all persons entering into or alighting from the vehicle.
• The council may from time to time by resolution designate an area to be a taxi rank.
• Any person who parks a vehicle other than a taxi cab in an area prescribed as a taxi rank shall be guilty of an offence.

RESTAURANT, EATING HOUSE AND SNACK BAR

• Application for new permit or license should be delivered to the Town Clerk not less than 30 days before the date the trading period begins.
• The permit expires on 31st of the year it is issued
• Incase of death, bankruptcy or unsound of mind of a permit holder, the widow or the widower or the trustee or any other person approved by the Town Clerk in writing is to carry on the business without any transfer permit.
• The restaurant kitchen design structure should be approved by the city council.
• Adequate refrigeration should be provided for maintenance of stored food.
• Every employer in the premise should:
  • Keep him/herself clean always
  • refrain from spitting and smoking while cooking
  • should cover any cut or bruise on an exposed part with a clean waterproof dressing
• A permit holder should maintain the premise to the satisfaction of customers
• Any permit holder of a permit which does not correspond to the premise he is conducting his business from becomes guilty of an offence.
• A council officer has a right to inspect the premises. Blocking an officer from doing so is an offence.
• Every permit holder should place his permit at a conspicuous position in the premise.
• A permit holder should not allow any indecent behavior on the permitted premise
• Every open air eating place should operate under the following requirements:-
• The council should approve its design structure and should contain adequate sanitary facilities.
• All persons carrying or handling the food must have valid medical certificates
• The permit should provide adequate fire fighting facilities located strategically within the structure.

PUBLIC LAVATORIES

• A permit for operation is issued by the Town Clerk upon payment of suggested fees as may be gazette by the City Council.
• The Council may partner with any person to provide public lavatory services at an agreed fee or enter into a lease agreement in mutually agreed terms for the management of public conveniences
  • An agreement under the above shall be reviewed after every three years, and may have among its conditions:-
  • A requirement that the person managing the conveniences pay the utility bills involved in such management.
  • A requirement that he pay to the Council a fee in amount as may be agreed with the council.
• A person managing a convenience shall keep such convenience clean and hygienic.
• A person who enters a convenience shall not:
  • Enter any such convenience without first paying any fee which the council may charge for its use.
  • Willfully annoy or interfere in any way with the privacy of any other person using the convenience
  • Willfully and improperly soil any part of the convenience
  • Write on, mark or otherwise change or damage any part of the convenience
  • Interfere with any officer or any other person authorized to manage the convenience in the execution of his duties
• The disposal of liquid waste from a mobile toilet should be hygienic and disposed as directed by the Council.

HAMALI CARTS AND HANDCRAFTS IN PUBLIC STREETS

• The City Council of Nairobi may form time to time control the traffic of Hamali carts in the street.
• A person authorized by the council to propel a Hamali of hand cart shall observe all traffic rules and these by laws.
• A person who uses a Hamali of hand cart and causes or permits such cart to be used in contravention of the gazette schedule is guilty of an offence.

MEDICAL FACILITIES

• No person shall, within the city, operate a maternity home, nursing home or other medical facility unless he is in possession of a valid permit granted by the Council.
• A permit shall expire on 31st December of the year it is issued
• A permit is not transferable to another holder
• Application for a permit should have:
  • Name, address and occupation of the applicant
  • Description of the premises and location of patients proposed to be accommodated on such.
  • Number and qualification of the persons proposed to be employed
• Application for renewal of permit shall be made on or before the 15th of October in each year
• The medical officer of health may at all times enter and inspect the premises
• In every medical facility, rooms shall e provided for use as a mortuary or incinerators
• The permit holder shall not permit more people than those indicated in the permit
• The permit holder shall maintain his premises in good order and condition, to the satisfaction of the Council.
• The permit holder shall keep a record of:
  • All persons received into the premises
  • All operations carried out in the premises
  • All miscarriages occurring in the premises
  • All children born in the premises

SALE OF ICE - CREAM

• Ice- cream should not be sold or offered for sale within the city if it has not been manufactured in accordance with these by-laws.
• All ice-cream should be protected form dirt, dust or any other contamination during storage, distribution and sale.
• Application of the permit should be made to the Town Clerk.
• The permit expires on 31st December of the year it is issued
• The issued permit is not transferable to any other premises
• Inspection may be done at any time by the Medical Officer of Health or a Public Health Officer.
• Every permit holder shall:
  • Maintain the premises clean at all times