Citation   

1.    These By-laws may be cited as the town council of Taveta (Cemetery) by laws 2008.

Interpretation   

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

“Cemetery” means any land approved by the Council for the burial of deceased person;
“Common grave” means a grave not reserved for the exclusive right of burial of any person or his nominee;
“council” means the town council of Taveta;
“Memorial work” means any tombstone, railing, fence, monument, memorial inscription carried out or which may be created or carried out upon any grave in a cemetery;
“Reserve Grave” means a grave for which a person has paid to the town clerk the appropriate fee for the exclusive right of burial of the payee or any person nominated by him in writing;
“Town Clerk” means the person for the time being holding the office of Town Clerk of Taveta, his deputy and any other officer of the Council authorized by the Town clerk in writing for the purpose of these By-laws.

3.    Any person who, without the written consent of Town clerk, interns or causes to be interred the body of any deceased person in any place within the town area other than a cemetery shall be guilty of an offence against these By-laws.

4.    Every cemetery shall be under the sole control of the council except which is maintained and controlled by any association under the terms of an agreement with the council.

5.    Every cemetery shall be open to the public during such hours as the council may by resolution prescribe from time to time and such hours of opening shall be displayed at the cemetery.

6.    Any person who causes or permit to be erected or placed in a cemetery any memorial work otherwise than under and in accordance with a permit issued by the town clerk shall be guilty of an offence against these By-laws.

7.    (1)  If any memorial work falls into such a state of despair as in the opinion of the town clerk, constitutes a disfiguration to the cemetery the town clerk may by written notice, require the permit holder to remove the works or to effect such repairs as he may consider necessary provided that such notice may be published in the news paper circulating in the area.

(2)    If the permit holder fails to comply with any of the requirement of such notice within two months or service or publication thereof, as the case may be, the council may remove the expenses thereby incurred from the permit as civil debt.

(3)    Any permit holder who, having been served with a written notice under the provision of these By-laws fails to comply with the request there in shall be liable to a fine not exceeding two thousand Kenya shillings.

(4)    Permit holder for the purpose of this By-laws in reference to any memorial work, the person to whom the permit was issued under the terms of By-laws (7) of these By-laws to erect or place the memorial work in or upon a cemetery.

8.    The Town clerk shall have powers at his discretion to remove any shrubs, flowers or receptacles for containing flowers, or any other article that may be deposited on a grave.

9.    The council shall not be liable for the custody or care of any memorial work in the cemetery unless it shall be\have been expressly contracted to accept liability thereof.

10.    Any person who during an interment in a cemetery causes any nuisance or annoyance to any person attending such interment shall be guilty of an offence against these By-laws.

11.    Any person who willfully or negligently defaces any memorial work shall be guilty of an offence against these By-laws. Any force, building, equipment, public seat, flowers, trees or shrubs in   a cemetery otherwise than in a receptacle provided for such purpose shall be guilty of an offence against these By-laws.

12.    Any person who willfully and improperly removes or damage any force, building, equipment, public seat, flowers, trees or shrubs in a cemetery otherwise than in a receptacle provided for such purpose shall be guilty of n offence against these By-laws.

13.    Any person who throws or deposits any rubbish, paper, bottles or other refuse of any kind in a cemetery otherwise than in receptacle provided for such purpose shall be guilty of an offence against these By-laws.

14.    Any person who permits or causes an animal, other than drawing in horse to enter a cemetery shall be guilty of an offence against these By-laws.

15.    any person not being engaged upon the care of these cemetery who trespasses or walks over any grave or passes through or within the cemetery otherwise than along the paths provided in the spaces between the graves shall be guilty of an offence against these By-laws.

16.    Every grave shall be perpendicular depth of not less than six feet or such lesser depth as may be agreed to in writing by the Medical officer of Health of the council or any medical officer.

17.    No person shall cause or permit any interment to take place in cemetery maintained by the council without burial permit under the birth and deaths registration ordinance in respect of the body interred.

Nothing in thee By-laws shall affect in anyway in relation to anyplace or for the burial of deceased persons maintained and controlled any association under the term of agreement within the council.
Penalty    18.    Any person is guilty of an offence against these By-laws for which no penalty is otherwise provided in these By-laws, shall be liable to a fine not exceeding two thousand shillings or to imprisonment not exceeding six months, or to both such fine and such imprisonment.

19.    The council may time to time determine fees to be paid in respect of any service rendered in pursuance of these By-laws.