{UAH} Housing , Sanitation - Why is the law not Implemented

45. School attendance.
(1) No child shall be admitted to or attend any school until there has
been produced to the person in charge of the school a certificate or other
satisfactory evidence that vaccination as required by this Act has, with
respect to that child, been complied with; and any person who admits or
permits such child to be admitted commits an offence.
(2) For the purpose of ascertaining whether the provisions of
subsection (1) are being observed, every public vaccinator is authorised and
required, whenever instructed by the chief medical officer, to visit any school
and make in the school such inspection of the children attending there as will
enable him or her to furnish prescribed particulars to the chief medical officer
as to the children who are unvaccinated.

PART IX—SANITATION AND HOUSING.
54. Nuisances prohibited.
No person shall cause a nuisance, or shall suffer to exist on any land or
premises owned or occupied by him or her or of which he or she is in charge,
any nuisance or other condition liable to be injurious or dangerous to health.
55. Duties of local authorities to maintain cleanliness and prevent
nuisances.
Every local authority shall take all lawful, necessary and reasonably
practicable measures for maintaining its area at all times in clean and sanitary
condition, and for preventing the occurrence in the area of, or for remedying
or causing to be remedied, any nuisance or condition liable to be injurious or
dangerous to health and to take proceedings at law against any person
causing or responsible for the continuance of any such nuisance or condition.
56. Duty of local authorities to prevent or remedy danger to health
arising from unsuitable dwellings.
(1) Every local authority shall take all lawful, necessary and
reasonably practicable measures for preventing or causing to be prevented or
remedied all conditions liable to be injurious or dangerous to health arising
from the erection or occupation of unhealthy dwellings or premises, or the
erection of dwellings or premises on unhealthy sites or on sites of insufficient
extent, or from overcrowding, or from the construction, condition or manner
of use of any factory or trade premises, and take proceedings under the law
or rules in force in its area against any person causing or responsible for the
continuance of any such condition.
(2) Notwithstanding subsection (1), except with the consent of the
chief inspector appointed under the Factories Act, no action shall be taken by
any local authority under this Part of this Act in respect of any factory
premises if that action is likely to interfere with the condition or manner of
use of any machinery or plant.
57. What constitutes a nuisance.
The following shall be deemed to be nuisances liable to be dealt with in the
manner provided in this Part of this Act—
(a) any vehicle in such a state or condition as to be injurious or
dangerous to health;
(b) any dwelling or premises or part of the dwelling or premises
which is or are of such construction or in such a state or so
situated or so dirty or so verminous or so damp as to be likely to
be injurious or dangerous to health or which is or are liable to
favour the spread of any infectious disease;
(c) any street, road or any part thereof, any stream, pool, ditch,
gutter, watercourse, sink, water tank, cistern, water closet, earth
closet, privy, urinal, cesspool, soakaway pit, septic tank, cesspit,
soilpipe, wastepipe, drain, sewer, garbage receptacle, dust bin,
dung pit, refuse pit, slop tank, ash pit or manure heap, so foul or
in such a state or so situated or constructed as to be offensive or
to be likely to be injurious or dangerous to health;
(d) any growth of weeds, long grass, trees, undergrowth, hedge, bush
or vegetation of any kind which is injurious or dangerous to
health, and any vegetable that of itself is dangerous to children or
others either by its effluvia or through its leaves, seeds, fruits or
any part of it being eaten;
(e) any well or other source of water supply or any cistern or other
receptacle for water, whether public or private, the water from
which is used or is likely to be used by human beings for
drinking or domestic purposes or in connection with any dairy or
milkshop, or in connection with the manufacture or preparation
of any article of food intended for human consumption, which is
in a condition liable to render any such water injurious or
dangerous to health;
(f) any noxious matter, or waste water, flowing or discharged from
any premises, wherever situated, into any public street, or into the
gutter or side channel of any street, or into any gulley, swamp or
watercourse, irrigation channel or bed thereof not approved for
the reception of the discharge;
(g) any collections of water, sewage, rubbish, refuse, ordure, or other
fluid or solid substances which permit or facilitate the breeding
or multiplication of animal or vegetable parasites of men or
domestic animals, or of insects or of other agents, which are
known to carry such parasites or which may otherwise cause or
facilitate the infection of men or domestic animals by such
parasites;
(h) any collection of water in any well, pool, gutter, channel,
depression, excavation, barrel, tub, bucket, or any other article,
and found to contain any of the immature stages of the mosquito;
(i) any cesspit, latrine, urinal, dung pit, or ash pit found to contain
any of the immature stages of the mosquito;
(j) any stable, cowshed or other building or premises used for
keeping of animals or birds which is so constructed, situated,
used or kept as to be offensive or which is injurious or dangerous
to health;
(k) any animal so kept as to be offensive or injurious to health;
(l) any accumulation or deposit of refuse, offal, manure or other
matter which is offensive or which is injurious or dangerous to
health;
(m) any accumulation of stones, timber or other material of any
nature whatever if such is likely to harbour rats or other vermin;
(n) any premises in such a state or condition and any building so
constructed as to be likely to harbour rats;
(o) any dwelling or premises which is so overcrowded as to be
injurious or dangerous to the health of the inmates or is
dilapidated or defective in lighting or ventilation, or is not
provided with or is so situated that it cannot be provided with
sanitary accommodation to the satisfaction of a medical officer
of health;
(p) any public or other building which is so situated, constructed,
used or kept as to be unsafe or injurious or dangerous to health;
(q) any occupied dwelling for which such a proper, sufficient and
wholesome water supply is not available within a reasonable
distance as in the circumstances it is possible to obtain;
(r) any factory or trade premises not kept in a clean state and free
from offensive smell arising from any drain, privy, water closet,
earth closet or urinal, or not ventilated so as to destroy or render
harmless and inoffensive as far as practicable any gases, vapours,
dust or other impurities generated, or so overcrowded or so badly
lighted or ventilated as to be injurious or dangerous to the health
of those employed in the factory or trade premises;
(s) any factory or trade premises causing or giving rise to smells or
effluvia which are injurious or dangerous to health;
(t) any area of land kept or permitted to remain in such a state as to
be offensive, or liable to cause any infectious, communicable or
preventable disease or injury or danger to health;
(u) any chimney sending forth smoke in such quantity or in such
manner as to be offensive or injurious or dangerous to health;
(v) any cemetery, burial place, crematorium or other place of
sepulture so situated or so crowded or otherwise so conducted as
to be offensive or injurious or dangerous to health;
(w) any gutter, drain, shoot, stack pipe, downspout, water tank or
cistern which by reason of its insufficiency or its defective
condition causes damp in any dwelling;
(x) any deposit of material in or on any building or lane which causes
damp in any building so as to be dangerous or injurious to health;
(y) any dwelling, public building, trade premises, workshop or
factory not provided with sufficient and sanitary latrines.
58. Author of nuisance.
The author of a nuisance means the person by whose act, default or
sufferance the nuisance is caused, exists or is continued, whether he or she
is the owner or occupier or both owner and occupier or any other person.
59. Notice to remove nuisance.
A local authority or a medical officer of health, if satisfied of the existence
of a nuisance, may serve a notice on the author of the nuisance, or, if he or
she cannot be found, then on the occupier or owner of the dwelling or
premises on which the nuisance arises or continues, requiring him or her to
abate it within the time specified in the notice, and, if the local authority or
medical officer of health thinks it desirable, but not otherwise, any work to
be executed to abate or prevent a recurrence of the nuisance may be also
specified in the notice; except that—
(a) where the nuisance arises from any want or defect of a structural
character, or where the dwelling or premises are unoccupied, the
notice shall be served on the owner;
(b) where the author of the nuisance cannot be found or it is clear
that the nuisance does not arise or continue by the act or default
or sufferance of the occupier or owner of the dwelling or
premises, the local authority shall remove the nuisance and may
do what is necessary to prevent its recurrence.
60. Procedure in case owner fails to comply with notice.
(1) If the person on whom a notice to abate a nuisance has been
served under section 59 fails to comply with any of the requirements of the
notice within the time specified, or if the nuisance although abated since the
service of the notice is, in the opinion of the local authority, likely to recur
on the same premises, the local authority may cause a complaint relating to
the nuisance to be made before a court of competent jurisdiction; and the
court may thereupon issue a summons requiring the person on whom the
notice was served to appear before it.
(2) If the court is satisfied that the alleged nuisance exists, or that
although abated it is likely to recur on the same premises, the court shall
make an order on its author, or on the occupier or owner of the dwelling or
premises, as the case may be, requiring him or her to comply with all or any
of the requirements of the notice or otherwise to abate the nuisance within a
time specified in the order and to do any works necessary for that purpose;
or an order prohibiting the recurrence of the nuisance and directing the
execution of any works necessary to prevent the recurrence; or an order both
requiring abatement and prohibiting the recurrence of the nuisance.
(3) The court may by the order impose a fine not exceeding four
hundred shillings on the person on whom the order is made and may also
give directions as to the payment of all costs incurred up to the time of the
hearing or making of the order for the removal of the nuisance.
(4) Before making any order, the court may, if it thinks fit, adjourn
the hearing or further hearing of the summons until an inspection,
investigation or analysis in respect of the nuisance alleged has been made by
some competent person.
(5) Where the nuisance proved to exist is such as to render a dwelling
unfit, in the judgment of the court, for human habitation, the court may issue
a closing order prohibiting its use as a dwelling until in its judgment the
dwelling is fit for that purpose, and may further order that no rent shall be
due or payable by or on behalf of the occupier of that dwelling in respect of
the period in which the closing order exists; and on the court being satisfied
that it has been rendered fit for use as a dwelling, the court may terminate the
closing order and by a further order declare the dwelling habitable, and from
the date thereof the dwelling may be let or inhabited.
(6) Notwithstanding an order declaring a dwelling habitable, further
proceedings may be taken in accordance with this section in respect of the
same dwelling if any nuisance occurs or if the dwelling is again found to be
unfit for human habitation.
61. Penalties in relation to nuisances.
(1) Any person who fails to obey an order by a court of competent
jurisdiction to comply with the requirements of a local authority or medical
officer of health or otherwise to remove the nuisance shall, unless he or she
satisfies the court that he or she has used all diligence to carry out the order,
be liable to a fine not exceeding eighty shillings for every day during which
the default continues.
(2) Any person wilfully acting in contravention of a closing order
issued under section 60 is liable to a fine not exceeding eighty shillings for
every day during which the contravention continues.
(3) The local authority may in a case under subsection (1) or (2) enter
the premises to which the order relates and remove the nuisance and do
whatever may be necessary in the execution of the order and recover in any
competent court the expenses incurred from the person on whom the order
is made.
62. Court may order local authority to execute works in certain cases.
Whenever it appears to the satisfaction of the court that the person by whose
act or default the nuisance arises, or that the owner or occupier of the
premises, is not known or cannot be found, the court may at once order the
local authority to execute the works directed by the order and the cost of
executing the works shall be a charge on the property on which the nuisance
exists.
63. Provision in case of two orders for overcrowding relating to the
same house.
Where any court of competent jurisdiction has twice within a period of three
months issued an order as specified in section 60(2) relating to overcrowding
of the same premises or part of the same premises the court may, on the
application of a local authority, order the house to be closed for such period
as the court may deem necessary.
64. Power of sale.
Any matter or thing removed by a local authority in abating any nuisance
under this Part of this Act may be sold by public auction; and the money
arising from the sale may be retained by the local authority, and applied in
payment of the expenses incurred by it in reference to the nuisance, and the
surplus, if any, shall be paid, on demand, to the owner of the matter or thing
if he or she establishes his or her claim to it within two years from the date
of the sale, failing which the surplus shall become part of the public revenue.
65. Persons jointly responsible for nuisances may be proceeded
against.
(1) Where any nuisance liable to be dealt with in the manner provided
in this Part of this Act appears to be wholly or partly caused by the acts or
defaults of two or more persons, a local authority may institute proceedings
against any one of the persons or may include all or any two or more of them
in one proceeding, and any one or more of the persons may be ordered to
abate the nuisance, so far as it appears to be caused by his or her or their acts
or defaults, or may be prohibited from continuing any acts or defaults which
contribute to the nuisance, or may be fined or otherwise dealt with
notwithstanding that the acts or defaults of any one of the persons would not
separately have caused a nuisance; and the costs may be distributed as may
appear to the court fair and reasonable.
(2) Proceedings under subsection (1) against several persons included
in one complaint shall not abate by reason of the death of any of the persons
so included, but all such proceedings may be carried on as if the deceased
person had not been originally so included.
(3) Where only some of the persons by whose act or default any
nuisance has been caused or partly caused have been proceeded against under
this Part of this Act, they shall, without prejudice to any other remedy, be
entitled to recover from any other persons who were not so proceeded against
and by whose act or default the nuisance was caused or partly caused a
proportionate part of the costs of and incidental to the proceedings and
abating the nuisance, and of any fine and costs ordered to be paid in such
proceedings.
66. Notice to remove nuisance.
(1) Where, in the opinion of the local authority, a nuisance exists
with respect to premises which, in its opinion, are so dilapidated or so
defectively constructed or so situated that repairs to or alterations of the
premises are not likely to remove the nuisance, the local authority may apply
to the court for a demolition order; and, on the court being satisfied that the
nuisance exists, and that repairs to or alterations of the premises are not likely
to remove the nuisance, the court may order the owner of the premises to
commence to demolish the premises on or before a specified day, being at
least one month from the date of issuing the order and to complete the
demolition and to remove the materials which comprised the premises from
the site before another specified day; but before a demolition order is made,
notice of the application for the order shall be served on the owner of the
premises who may attend and give evidence at the hearing of the application
by the court.
(2) The court shall give notice to the occupier of premises in respect
of which a demolition order has been issued requiring him or her to move
from the premises within a time to be specified in the notice, and if any
person fails to comply with the notice or enters the premises, without lawful
excuse, after the date fixed he or she commits an offence.
(3) If any person fails to comply with an order for demolition, he or
she commits an offence and is liable to pay the daily fine provided in section
61(2) and the local authority may cause the premises to be demolished and
may recover from the owner the expense incurred in doing so after deducting
the net proceeds of the sale of the materials which the local authority may
sell by auction.
(4) No compensation shall be paid by the local authority to the owner
or occupier of any premises in respect of its demolition under this section,
and from the date of the demolition order no rent shall be due or payable by
or on behalf of the occupier in respect of the premises.
(5) In this section, "court" means a magistrate's court over which
presides a chief magistrate or a magistrate grade I.
67. Prohibition in respect of back-to-back dwellings and rooms
without through ventilation.
(1) The Minister may, by statutory order, prohibit within any area
defined in the order—
(a) the erection of any premises intended to be used as a dwelling
constructed on the back-to-back system;
(b) the erection of any room intended to be used as a sleeping or
living or work room which is not sufficiently lighted by a
window or windows of a total area not less than one-eighth of the
floor area and sufficiently ventilated by two or more ventilation
openings or by windows capable of being wholly or partly
opened, the windows or openings being so placed as to secure
through cross ventilation; or
(c) the erection of any premises intended to be used as a dwelling on
made ground containing street sweepings, refuse, rubbish or other
matter liable to decomposition until the approval of the local
authority has been obtained and until such measures for
safeguarding health have been taken as the local authority may
require.
(2) Any person who contravenes any provision of this section
commits an offence and is liable on conviction to a fine not exceeding one
thousand shillings and to a further fine not exceeding forty shillings for every
day during which the contravention continues after the date fixed in any
written notice in respect of the contravention from the local authority.
68. Cost of execution of provisions relating to nuisances.
(1) All reasonable costs and expenses incurred in serving a notice,
making a complaint or obtaining a nuisance order, or in carrying the order
into effect, shall be deemed to be money paid for the use and at the request
of the person on whom the order is made; or, if no order is made but the
nuisance is proved to have existed when the notice was served or the
complaint made, then of the author of the nuisance.
(2) Such costs and expenses incurred in relation to any such nuisance
may be recovered as a civil debt, and the court shall have power to divide the
costs and expenses between the authors as to it may seem just.
(3) Where, in accordance with this Act, a local authority has itself
abated or removed a nuisance or done what is necessary to prevent its
recurrence, if no owner or occupier of the premises can be found, or appears
or pays the expenses incurred by the abatement or removal within six months
after the completion of the removal or abatement of the nuisance, the court
may order the premises upon which the work has been done, or any part of
the premises, or any movable property found on the premises, to be sold by
public auction, and the amount realised by the sale shall be applied in
defraying the costs and expenses, and the balance, if any, paid over to the
owner or occupier if he or she establishes his or her claim to it within two
years after the date of the sale, failing which the balance shall become part
of the public revenue.
69. Examination of premises.
A local authority or a medical officer of health may enter any building or
premises for the purpose of examining as to the existence of any nuisance in
the building or premises at all reasonable times; and the local authority may
if necessary open up the ground of the premises and cause the drains to be
tested, or such other work to be done as may be necessary for the effectual
examination of the premises; but if no nuisance is found to exist, the local
authority shall restore the premises at its own expense.
70. Power of Minister to make rules.
The Minister may make rules and may confer powers and impose duties in
connection with the carrying out and enforcement of the rules on local
authorities, owners and others as to—
(a) the inspection of land, dwellings, buildings, factories and trade
premises, and for securing keeping them clean and free from
nuisance and so as not to endanger the health of the inmates or
the public health;
(b) the construction of buildings, the provision of proper lighting and
ventilation and the prevention of overcrowding;
(c) the periodical cleansing and whitewashing or other treatment of
premises and the cleansing of land attached to the premises and
the removal of rubbish or refuse therefrom;
(d) the drainage of land, streets or premises, the disposal of offensive
liquids and the removal and disposal of rubbish, refuse, manure
and waste matters;
(e) the standard or standards of purity of any liquid which, after
treatment in any purification works, may be discharged from the
purification works as effluent;
(f) the keeping of animals or birds and the construction, cleanliness
and drainage of places where animals or birds are kept;
(g) the establishment and carrying on of offensive trades, factories or
trade premises which are liable to cause offensive smells or
effluvia, or to discharge liquid or other material liable to cause
such smells or effluvia, or to pollute streams, or are otherwise
liable to be a nuisance or injurious or dangerous to health, and for
prohibiting the establishment or carrying on of such factories or
trade premises in unsuitable localities or so as to be a nuisance or
injurious or dangerous to health;
(h) the subdivision and general layout of land intended to be used as
building sites, the level, construction, number, direction and the
width of streets and thoroughfares, the limitation of the number
of dwellings or other buildings to be erected on such lands, the
proportion of any building site which may be built upon and the
establishment of zones within which different limitations shall
apply and zones within which may be prohibited the
establishment or conduct of occupations or trades likely to cause
nuisance or annoyance to persons residing in the neighbourhood;
(i) the inspection of the district of any local authority by that local
authority with a view to ascertaining whether the lands and
buildings thereon are in a state to be injurious or dangerous to
health and the preparation, keeping and publication of such
records as may be required;
(j) the general control of houses let-in lodgings, for fixing the
maximum number of lodgers, the minimum floor space allotted
to each lodger, for the adequate ventilation and lighting and
periodical cleansing and limewashing at stated intervals of the
premises and for the provision of adequate sanitary appliances
and other requirements having for their object the protection of
the health of the lodgers or surrounding inhabitants;
(k) the sanitary control of markets and market buildings.
71. Rules as to buildings.
(1) The power under section 70 to make rules relating to the
construction of buildings shall include the power to regulate the following
matters—
(a) as regards buildings—
(i) the construction of buildings and the materials to be used in
the construction of buildings;
(ii) the space about buildings, the lighting and ventilation of
buildings and the dimensions of rooms intended for human
habitation;
(iii) the height of buildings;
(iv) the height of chimneys, not being separate buildings, above
the roof of the building of which they form part;
(b) as regards works and fittings—
(i) sanitary conveniences in connection with buildings;
(ii) the drainage of buildings, including the means for
conveying soil, waste, storm and subsoil water from
buildings and their curtilages;
(iii) cesspools and other means for the reception or disposal of
foul matter in connection with buildings;
(iv) ash pits in connection with buildings;
(v) wells, tanks and cisterns for the supply of water for human
consumption in connection with buildings;
(vi) stoves and other fittings in buildings, not being electric
stoves or fittings, insofar as rules with respect to such
matters are required for the purposes of health and the
prevention of fire;
(vii) private and public sewers, communications between drains
and sewers and between sewers.
(2) Any rules to which this section relates may include provisions as
to—
(a) the giving of notices and the deposit of plans, sections,
specifications and written particulars;
(b) the inspection of work;
(c) the protection and testing of drains and private sewers, and the
taking by the local authority of samples of materials to be used in
the construction of buildings, or in the execution of other works;
(d) the protection of public sewers;
(e) the examination and licensing of plumbers and drain layers; and
(f) the fixing and charging of fees in respect of any of the foregoing
matters and the persons to whom the fees shall be paid.
72. Power to require removal or alteration of work not in conformity
with rules.
(1) If any work to which any rules referred to in section 71 are
applicable contravenes any of those rules, the local authority, without
prejudice to its right to take proceedings for a fine in respect of the
contravention, may by notice require the owner either to pull down or remove
the work or, if he or she so elects, to effect the alterations in the work as may
be necessary to make it comply with the rules.
(2) If a person to whom a notice has been given under subsection (1)
fails to comply with the notice before the expiration of twenty-eight days, or
such longer period as the local authority may allow, the local authority may
pull down or remove the work in question, or effect such alterations in the
work as it deems necessary, and may recover from him or her the expenses
reasonably incurred by it in so doing.
(3) No such notice as is mentioned in subsection (1) shall be given
after the expiration of twelve months from the date of the completion of the
work in question, and, in any case where plans were deposited, it shall not be
open to the local authority to give such a notice on the ground that the work
contravenes any building rule, if either the plans were passed by the local
authority, or notice of their rejection was not given within the prescribed
period from the deposit of the plans, and if the work has been executed in
accordance with the plans and of any requirement made by the local authority
as a condition of passing the plans.
73. Limitation of powers granted under this Part.
(1) Notwithstanding anything in this Act, no person other than the
local authority concerned shall, except in respect of plots or premises in non-
African occupation, exercise outside the boundaries of a municipality or town
any of the powers conferred on that person by this Part of this Act without
the particular or general authorisation in writing of the district commissioner
which may at any time be revoked.
(2) Whenever that particular or general authorisation is refused or
revoked, the district commissioner shall forthwith report the circumstances
to the chief medical officer.
PART X—SPECIAL PROVISIONS AS TO SEWERAGE AND DRAINAGE.
74. Application.
This Part of this Act or any sections in this Part shall apply to all local
authorities.
75. Interpretation.
(1) In this Part of this Act, unless the context otherwise requires, the
following terms shall have the following meanings—
(a) "cesspool" includes a settlement tank or other tank for the
reception or disposal of foul matter from buildings;
(b) "earth closet" means a pit latrine, privy or a closet having a
movable receptacle for the reception of faecal matter;
(c) "lateral drain" means that portion of a system of drains or private
sewers, which—
(i) in the case of a sewer for soil and waste water, lies between
the intercepting chamber and the public sewer, including
the interception trap and sewer connection; or
(ii) in the case of a sewer for storm water, lies between the last
inspection chamber and the public sewer, or, if there is no
inspection chamber, between the curtilage of the premises
and the public sewer;
(d) "prejudicial to health" means injurious or likely to cause injury
to health;
(e) "private sewer" means a sewer which is not a public sewer;
(f) "public sewer" means any sewer vested in or constructed by or
on behalf of or under the control of a local authority;
(g) "sewer" does not include a drain as defined in section 1 but,
except as aforesaid, includes all sewers and drains used for the
drainage of buildings and yards appurtenant to buildings and their
curtilages;
(h) "slop hopper" means any fitting intended for the reception of soil
water;
(i) "soil water" means any discharge from water closets, slop
hoppers or urinals and all water containing any excremental
liquid or substance;
(j) "storm water" includes surface or rain water;
(k) "waste water" means liquid waste of a nonexcremental nature but
does not include storm water;
(l) "water closet" means latrine accommodation used, adapted or
intended to be used in connection with a water carriage system
and comprising provision for the flushing of the receptacle by
means of a water supply;
(m) "workplace" does not include a factory or workshop but except
as aforesaid includes any place in which persons are employed
otherwise than in domestic service.
(2) Any reference in this Part of this Act to a drain or sewer shall be
construed as including a reference to any manholes, ventilating shafts, pumps
or other accessories belonging to that drain or sewer.
(3) For the purposes of this Part of this Act, a building or proposed
building shall not be deemed to have a public sewer available unless—
(a) there is or there is in course of construction within one hundred
feet of the curtilage of the building or proposed building, and at
a level which makes it reasonably practicable to construct a drain
to communicate with it, a public sewer or other sewer which the
owner of the building or proposed building is, or will be, entitled
to use; and
(b) the intervening land is land through which he or she is entitled to
construct a drain,
and shall not be deemed to have a sufficient water supply available unless it
has a sufficient supply of water laid on from a supply controlled by a water
authority appointed under the Water Act, or unless such a supply can be laid
on to it from a point within one hundred feet of the curtilage of the building
or proposed building, and the intervening land is land through which the
owner of the building or proposed building is, or will be, entitled to lay a
communication pipe; except that the limit of one hundred feet shall not apply,
if the local authority undertakes to bear so much of the expenses reasonably
incurred in constructing a drain to communicate with a public sewer or, as
the case may be, in laying a pipe for the purpose of obtaining a supply of
water, as may be attributable to the fact that the distance of the public sewer,
or of the point from which a supply of water can be laid on, exceeds that one
hundred feet.
Public sewers.
76. Provision of public sewers and sewage disposal works.
(1) A local authority may within its district and also, subject to the
prior approval of the Minister, without its district—
(a) construct and maintain a public sewer—
(i) in, under or over any street, or under any cellar or vault
below any street; and
(ii) in, or over any land not forming part of a street, after giving
reasonable notice to every owner and occupier of that land;
(b) construct sewage disposal works on any public land or land
acquired, or lawfully appropriated for the purpose.
(2) In the exercise of its powers under subsection (1)(a)(ii), the local
authority shall not be liable to pay any compensation to an owner or occupier
of any private lands but shall make good, or, at its option, shall pay for any
damage done or occasioned by reason of the exercise of the powers.
77. Duty of local authority to keep map showing public sewers.
(1) Every local authority shall keep deposited at its offices, for
inspection by any person at all reasonable hours, free of charge, a map
showing and distinguishing all public sewers existing or in the course of
construction within its district or under its control.
(2) Where some of the public sewers are reserved for soil and waste
water only or for storm water only, the map referred to in this section shall
show also the purposes which each such sewer is intended to serve.
78. Power of local authority to alter or close public sewers.
A local authority may alter the size or course of any public sewer vested in
it, or may discontinue and prohibit the use of any such public sewer, either
entirely, or for the purpose of soil and waste water drainage, or for the
purpose of storm water drainage, but, before any person who is lawfully
using the public sewer for any purpose is deprived by the local authority of
the use of the sewer for that purpose, the local authority shall provide a
public sewer equally effective for his or her use for that purpose and shall at
its expense make his or her drains or sewers to communicate with the sewer
so provided.
79. Certain matters not to be passed into sewers or drains.
(1) No person shall throw, empty or turn, or suffer or permit to be
thrown or emptied or to pass, into any public sewer, or into any drain or
private sewer communicating with a public sewer—
(a) any matter likely to injure the sewer or drain, or to interfere with
the free flow of its contents, or to affect prejudicially the
treatment and disposal of its contents;
(b) any chemical refuse or waste steam, or any liquid of a
temperature higher than one hundred and ten degrees Fahrenheit,
being refuse or steam which, or a liquid which when so heated,
is, either alone or in combination with the contents of the sewer
or drain, dangerous, or the cause of a nuisance, or prejudicial to
health; or
(c) any petroleum spirit, or carbide of calcium.
(2) Any person who contravenes any of the provisions of this section
commits an offence and is liable on conviction to a fine not exceeding two
hundred shillings and to a further fine not exceeding one hundred shillings
for each day on which the offence continues after conviction for the offence.
(3) In this section, "petroleum spirit" means only such—
(a) crude petroleum;
(b) oil made from petroleum, or from coal, shale, peat or other
bituminous substances; or
(c) product of petroleum or mixture containing petroleum,
as, when tested in the manner prescribed by or under the Petroleum Act gives
off an inflammable vapour at a temperature of less than seventy-six degrees
Fahrenheit.
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Bwanika Nakyesawa Luwero

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