Citation
1.    These By-laws may be cited as the Town Council Taveta (Public Markets) By-laws, 2008

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

    “Council” means the Town Council of Taveta;
    “Market Master” means the person appointed in writing
    by the Council to control and supervise the public market
    or public markets specified in such appointment:
    “ Poultry” means fowls, duck, geese, turkeys, and guinea fowls.
   
3.    (1) No Public market shall be provided within the area
    of jurisdiction of the Council otherwise than by the
    Council, and no person shall sell or buy goods in or use
    a public market except with consent of the Council given
    by market master and upon the payment of the fees
    authorized by these By – laws.
    (2) Any person who contravenes the provision of this by-law
    shall be guilty of an offence

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

5.    (1) Public markets shall be open on such days and during such hours as the Council shall from time to time determine for the sale of the following goods.

(i)    Perishable food stuffs;
(ii)    Live poultry;
(iii)    Locally manufactured earthen ware, basket ware, mats, wood work, metal work, or other locally-made products approved by the Council;
(iv)    Such other goods as may from time to time be authorized by
(v)    the Council.
 (2) Any person who contravenes or fails to comply with the provisions of the By-laws shall be guilty of an offence.

6.    (1) No person shall or engage in any trade or Business in a public except such trade or business:

(a)    In case of a stall, charges in form of monthly rent Shall be payable by the holder of the stall and any default for three Consecutive months shall invite eviction of the holder and the charges accrued upon the time of eviction shall be recoverable as
a civil debt.
(b)    No person shall bring into a public market opium Or any other drug or intoxication liquor or carry out hand craft of  any kind herein.
(2) Any person who contravenes the provision of this By-law shall be guilty of offence.
7. (1) No person shall remain in a public market during
the hours in which it is closed.
(a)    Any person who contravenes the provisions of this By-laws shall be guilty of offence.
8.    Any person who takes, or causes or permits to be taken, any dog into a public market shall be guilty of offence.

Lighting Of  fire And  cooking  In the market  Prohibited.
9.     (1) No fire or cooking shall be allowed in public market.
(a)    Any person who contravenes the provisions of this By-law Shall be guilty of an offence

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

Goods not Be washed In the market
11.    (1) Every person employed in any public market shall be clean in clothing and in person.

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

12.    (1) A person suffering from any infections or contagious or venereal diseases shall not be employed or engaged in any public market

(a)    Any person who contravenes the provisions of this  by-law shall be guilty of an offence.

General Nuisance
13.    Any person who within a public market: -

(i)    Hawks any goods; or
(ii)    Commits any nuisance
(iii)    Interferes with or makes any other person, or touts, or shouts, or calls out for customs; or
(iv)    Causes any disturbance or uses any offensive obscene, injurious or unbecoming language; or
(v)    Damages, defaces, fouls, or misuse, or interferes with any part of such market or any equipment, fittings or fixtures provided therein; or
(vi)    Deposit or throws on the floor or ground, any refuse, fruit peel or vegetable substance;
(vii)    Expectorates; or
(viii)    Plays games, or loiters; or
(ix)    Attempts to procure customs except by means of display of an offence.
Cap.242
 

14.   (1) Any person who sells or offers or exposes for sale  in a public market any article of food which is diseased, un whole some or otherwise unfit for human consumption shall be guilty of an offence.

(a)    The market master shall take possession of and detain any food which is offered or exposed for sale in a public market which appears to him to be diseased Unwholesome or otherwise unfit for human consumption and  shall forthwith report and hand over such food to a health inspector appointed under the public Health Act

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

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

(a)    Any person who contravenes the provisions of their By-laws shall be guilty of an offence.
(b)    No livestock, other than live poultry shall be brought into any public market other than a public market provided for the sale of livestock.
(c)    Any person who contravenes the provisions of this by – law shall be guilty of an offence.

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

(2)   Under no circumstances shall one stall be used for carrying on two or more different classes  of business at anytime under the same permit.

(3)   Under no circumstances shall one stall be used  for carrying on two or more different classes of business at any time or under the same permit.
(4)    A stall holder shall not sublet his stall or any part thereof without the previous consent in writing of the Council.
(5)    Any person who contravenes or fails to comply with the provisions of this by-law shall be guilty of an offence.

17 (i) Every stall holder shall:-

(i)    Keep his stall and all fittings and utensils therein or thereon thoroughly clean and in good order to the satisfaction of the market master
(ii)    When selling by weights and measure use the prescribed start weights and measure and provide and maintain proper weight and scales;
(iii)   Dispose of all refuse, sweeping, garbage, offal and waste liquid or solid from his stall into the receptacles, Channels, or drain as are provided for that purpose

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

(a)    Every person in a public market who fails or refuses to comply with and obey all lawful instructions, directions and orders given by market master for the purpose of
controlling or supervising the market shall be guilty of an offence.

(b)   The Council may set a side, or allocate or provide  parts of a public market for the sale therein of only such  food, produce, article or thing as it may specify, and on such food, produce, article or thing shall be sold or displayed in any other part of a public market except in the parts so allocated.

Any person who contravenes or fails to comply with the provisions of this shall be guilty of an offence.

18.    (1) For the use of a public market for the purpose of selling or offering for sale any food, produce,  article, or other thing there shall be payable to the Council such charges as the Council may from time to time determine.

(a)    The Council may determine or alter the  charges referred to in paragraph (1) of this by- law at any time but at least one month before such charges are to come into force shall give notice in at least on newspaper circulating in the area in which the public  market is situated of such determination or alteration.

(b)    The council shall display and keep displayed  at every public market a list of charges levied in accordance with paragraph (1) of this by-law.

The charges levied in accordance with paragraph (1) of this by-law shall be paid in advance, in the case of a stall by the holder of such stall and in any other case by
the person taking or attempting to take any food,  produce, article or other thing into a public market.

19.    (1) (a)  A person entering or attempting  to enter any public market for the purpose, of selling or offering for sale any food, produce, article or other thing shall enter only through such entrance or  gateway as shall be specified by the Council for that purpose and through no other entrance or gateway.

(c)    Any person who contravenes the provisions of this by-law shall be guilty of an offence.

20.    (1) Any person who is found committed, an offence under these By-laws in any public markets, shall  be liable to be evicted from such market by the market
 master or any police offer. A market master may in his sole discretion refuse
admittance to any person to enter a public market if to  his knowledge the person has been convicted on more than one occasion of any offence under these By-laws.

(2)  Any person, who having been lawful evicted from a public market, or having been refused admittance  unlawfully enters such public market, shall be guilty of an offence.

penalty
 
21.Every person who is guilty of an offence under these By-laws shall be liable to conviction to fine not exceeding two thousand Kenya shillings or six months imprisonment or both.

Offence Cognizable
 
21.  Offences under these By-laws cognizable to the police and Kenyan Court of Law.